Swimmer Accused of Faking Death Surrenders

Police say Raymond Roth attempted to fool authorities, family members about his whereabouts.
3:00 | 08/15/12

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Transcript for Swimmer Accused of Faking Death Surrenders
And they are sporting the hardware. We're going to be gin bewith a man who faked his own drowning. His son will face charges, too. And abc's linsey davis is here with all of the details. Good morning, linsey. Reporter: Good morning, george. After a five-day vacation in florida and a 12-day hospital stay, this morning, raymond roth is not only facing charges, but insurance fraud. But his lawyer says the only thing he's guilty of is needing some time away. This morning, raymond roth is leaving the hospital where he's been undergoing psychiatric treatment and turning himself into police. The 47-year-old new york man faces the same charges as his son, jonathan. Insurance fraud and conspiracy, for allegedly fake his own death to cash in on a $50,00 life insurance policy. It was never my client's intent to ever try to make an application with the insurance company for the proceeds of the policy. Reporter: Jonathan roth was ARRESTED AUGUST 6th, AFTER Police accused him of helping to stage his father's drowning on this long island beach. Jon, did your dad force you to do it? Reporter: Jonathan has pleaded not guilty, saying he wasn't a willing participant in the alleged scheme. My client is not responsible for criminality. Reporter: It started july 28th, WHEN JONATHAN REPORTED HIS Father missing, prompting a massive search effort. But days later, raymond roth was found alive, speeding down a highway. Suspicion grew when roth's wife, ivana, found e-mails that said father and son were in cahoots. Like this one, call me sunday night at 8:00 p.M. At the resort. Authorities say while the rescue operation was under way at the beach, raymond was driving down to this resort in florida. It's anger. Sadness. Reporter: Evana has taken out a protective order against her estranged husband, fearing for her safety. And jonathan said he's afraid his father's going to kill him. But raymond roth's attorney said his client isn't out to harm anyone. That he simply needed to get away, after losing his job and dealing with marital and financial stress. It prompted him to act in a way that anyone would consider irrational. Reporter: Raymond roth is in the hospital for manic depressive order. Linsey, thanks. Let's bring in "gma" legal analyst, dan abrams. If all of this is true, what exactly is the crime? It's not a crime to not be particularly bright. Driving 90 miles per hour, when you're trying to fake your death. You're allowed to leave. You're allowed to lie to your family about what you're doing. The alleged crime here would be conspiracy to commit insurance fraud. Meaning in conjunction with his son, they were preparing to, they had taken actions towards, an insurance scam. And that's the potential crime here. And that's the crime his son is already charged with. Right. And his son's defense is going to be he was coerced into this. That's not much of a legal defense. You can say my father coerced me. And if he was 13 years old, that's something of a defense. But when you're 22 years old, it's the sort of thing that might lead authorities to cut a deal with his son. Saying, look, we want to cut a deal with you. Testify against your dad and let's move forward with this case. Okay. Dan abrams, thanks very much. A lot more expected today.

This transcript has been automatically generated and may not be 100% accurate.

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