Document Type

Article

Publication Date

2008

Abstract

This Article examines the working relationship between the insurance industry and prosecutors in the insurance fraud prosecution context. Both informal and legislatively mandated relationships are examined and funding schemes reviewed. The Article argues that specialized funding of investigators and prosecutors by industry assessment has led to perceptions of industry influence on the impartiality of the prosecutor. The Article then reviews the capacity of perceived influence to chill tort plaintiff lawyer activity. The Article concludes that the potential for conflict exists and is sufficient to warrant due process consideration. Additionally, the Article offers suggestions for potential prophylactic procedural safeguards in the course of prosecuting lawyers for their representative actions in the insurance fraud context.

Publication Title

Journal of Criminal Law and Criminology

First Page

363

Last Page

428

Included in

Insurance Law Commons

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