Section 549 Of Chapter 10. Crimes Against Insured Property And Insurers From California Penal Code >> Title 13. >> Part 1. >> Chapter 10.
549
. Any firm, corporation, partnership, or association, or any
person acting in his or her individual capacity, or in his or her
capacity as a public or private employee, who solicits, accepts, or
refers any business to or from any individual or entity with the
knowledge that, or with reckless disregard for whether, the
individual or entity for or from whom the solicitation or referral is
made, or the individual or entity who is solicited or referred,
intends to violate Section 550 of this code or Section 1871.4 of the
Insurance Code is guilty of a crime, punishable upon a first
conviction by imprisonment in the county jail for not more than one
year or by imprisonment pursuant to subdivision (h) of Section 1170
for 16 months, two years, or three years, or by a fine not exceeding
fifty thousand dollars ($50,000) or double the amount of the fraud,
whichever is greater, or by both that imprisonment and fine. A second
or subsequent conviction is punishable by imprisonment pursuant to
subdivision (h) of Section 1170 or by that imprisonment and a fine of
fifty thousand dollars ($50,000). Restitution shall be ordered,
including restitution for any medical evaluation or treatment
services obtained or provided. The court shall determine the amount
of restitution and the person or persons to whom the restitution
shall be paid.