FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Bronx Unemployment Fraud Lawyers

January 30, 2019
How to Handle a Charge of Unemployment Insurance Fraud
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.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us