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Bronx Unemployment Fraud Lawyers
Individuals receive unemployment benefits from a partnership between federal and state governments. These benefits are intended to provide financial assistance to people who are not working. Unemployment benefits provide individuals with important financial assistance. Unfortunately, fraud exists in the unemployment benefits program. Investigators from the federal government estimate the cost of unemployment fraud is over $5 billion annually.
Unemployment Insurance Fraud
The definition of unemployment insurance fraud, according to the New York State Department of Labor, involves lying to the Department of Labor. This could include making a claim for unemployment benefits that is inappropriate. Individuals may not be entitled to receive this type of financial assistance. When filling out an application for unemployment benefits, they will provide false information. These incidents are usually addressed at the state level. There is also identity theft rings that engage in identity theft and file unemployment claims on a large-scale and more.
Federal Mandate
The state of New York is subject to a federal mandate making it necessary for an unemployment claim to be paid a few weeks after the claim is made. In some case, it could result in the state paying on a claim prior to an employer confirming the information provided by an individual about the reason for their unemployment. This has resulted in situations where unemployment fraud scams may get thousands and in some cases millions of dollars. It could be done using the identities of other people. Technologies are being used to prevent these situations, but fraud is still difficult to detect and scams are still operating.
Forms Of Unemployment Fraud
criminal charges are filed for a number of different types of unemployment fraud. The Department of Labor keeps track of the various fraud schemes that are often utilized.
*Assisting another individual to make a false claim for unemployment benefits. This could involve collaboration with an employer who works to obtain unemployment insurance benefits illegally.
*Filing an unemployment benefits application with false information. This could also include failing to reveal the true reason for termination and more.
*Fraudulently using another person’s identity to file a fraudulent unemployment claim for benefits.
*While collecting unemployment, a person is working and being paid. They fail to report their income as well as days worked.
*Working off the books or under-the-table as a person collects unemployment benefits.
Punishment
The severity of punishment for unemployment insurance fraud will depend on the amount of money involved.
*Fifth-Degree unemployment insurance fraud involves obtaining any amount in benefits. It is a Class A misdemeanor. Punishment could be incarceration for up to twelve months and a fine of $1,000.
*Fourth-degree unemployment insurance fraud involves obtaining $1,000 in benefits. It is a Class E felony. Punishment could be incarceration for up to four years and a fine of $5,000 or twice the sum of fraudulently obtained benefits.
*Third-Degree unemployment insurance fraud involves obtaining over $3,000 in benefits. It is a Class D felony. Punishment could be incarceration for up to seven years and a fine of $5,000 or twice the sum of fraudulently obtained benefits.
*Second-Degree unemployment insurance fraud involves obtaining over $50,000 in benefits. It is a Class C felony. Punishment could be incarceration for up to fifteen years and a fine twice the sum of fraudulently obtained benefits.
*First Degree unemployment insurance fraud involves obtaining over $1,000,000 in benefits. It is a Class B felony. Punishment could be incarceration for up to 25 years as well as a fine twice the sum of fraudulently obtained benefits.
Legal Defenses
Many people accused of unemployment insurance fraud will claim they lacked intent. Individuals will claim they unintentionally underreported their prior income or current income with getting unemployment benefits. It is also possible in an unemployment insurance fraud case, the government may not have enough evidence to prove a crime was committed and more.
Should someone be accused of committing unemployment insurance fraud, they should immediately contact an attorney. If this situation is not handled correctly, a person could be fined, spend time in jail or both. It could be the result of an honest mistake and more. An attorney will know how to gather all the facts and make the best possible legal representation of a person’s case.
Don’t deal with Bronx Unemployment Fraud Lawyers alone. Speak to the Spodek Law Group today.
Bronx Unemployment Fraud Lawyers
Unemployment benefits are intended to help those who are out of work stay on their feet as they search for new jobs. Since many people take advantage of these benefits, the state has been cracking down on unemployment fraud.
If you’re being charged with unemployment fraud or feel like a case is being built against you, it’s important to know how this crime works. Here’s what you need to know and how you can protect yourself against unemployment fraud charges.
What Is Unemployment Fraud?
The New York Department of Labor states that unemployment fraud is any instance where a person receives unemployment insurance benefits by lying. This could be outright providing false information or a lie of omission.
To receive unemployment insurance benefits, you must submit an application with the reason you’re unemployed. If you’re approved, you must be ready and able to work every week, Every week that you submit your request for unemployment benefits, you need to verify to the Department of Labor that you were able to work, and if you worked any hours that week, you must report those hours and wages.
There are many different ways people commit unemployment fraud. False information on an unemployment application is one of them. Let’s say you quit your job. This almost always disqualifies you from receiving unemployment benefits. If you tell the Department of Labor that you were fired and receive benefits because of this, then you’ve committed unemployment fraud. Although the Department of Labor asks your previous employer how your employment ended, there are still situations where people get benefits even though they quit.
Any misinformation or omissions on your unemployment requests would also constitute fraud. For example, if you worked and earned $200 under the table but didn’t list it on your form, that would be fraud. If you’re sick or out of town on a vacation one week but you draw unemployment benefits for that week anyway, then you’ve committed unemployment fraud because you weren’t ready and able to work.
Potential Penalties for Unemployment Fraud
The most common penalty for unemployment fraud is a fine, plus you’ll need to pay back any benefits you received due to fraudulent information.
The penalties you receive will depend on the circumstances of your case, though, and they can be much more severe. Whether the crime is considered a misdemeanor or felony is determined by the amount of money you obtained fraudulently.
In some cases, you could end up with a prison sentence. Another serious consequence of unemployment fraud is that it can disqualify you from receiving any unemployment insurance benefits in the future.
Protecting Yourself from Charges of Unemployment Fraud
With the severe penalties that unemployment fraud can carry, it’s essential to have the best defense possible, and for that, you need an experienced unemployment fraud lawyer. Your lawyer can consider the case against you and see what the smartest course of action is. If the evidence is weak, you may be able to beat the charges. If there is strong evidence of unemployment fraud, your lawyer may be able to negotiate a favorable plea deal with the prosecution and keep your penalties to a minimum. Perhaps instead of jailtime, you could pay a fine and have the charges come off your record through a deferral.
We have Bronx unemployment fraud lawyers who are ready and willing to get started on your case. We can set up your defense and provide you with our best legal representation, whether your case ends up dismissed, settled out of court or going to trial.