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STATE v. FLEISCHMAN

917 A.2d 722 (2007)

189 N.J. 539

STATE of New Jersey, Plaintiff-Appellant, v. Randi FLEISCHMAN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 19, 2007.

Corrected March 26, 2007.

Attorney(s) appearing for the Case

Greta A. Gooden Brown, Assistant Attorney General, argued the cause for appellant (Stuart Rabner, Attorney General of New Jersey, attorney; Ms. Brown and John F. Kennedy, Assistant Attorney General, of counsel and on the briefs).

Gerald D. Miller, Jersey City, argued the cause for respondent (Miller, Meyerson, Schwartz & Corbo, attorneys; Mr. Miller and Leonard Meyerson, on the briefs).

Justice LaVECCHIA delivered the opinion of the Court.

Pursuant to the New Jersey Code of Criminal Justice (Code), one can be charged with the offense of insurance fraud for knowingly making a false or misleading statement of material fact in connection with an insurance claim. N.J.S.A. 2C:21-4.6. That third-degree offense may be elevated to the second degree by aggregating five "acts" of insurance fraud, the total value of which exceeds $1,000.

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