Unemployment Fraud...When and how does it go on your record?

[dreemer9]

What is the name of your state (only U.S. law)? I live in Maine but was claiming UC benefits in PA. My question is this.. I collected for 4 weeks while working. Yes, I know it was stupid and illegal and I am simply in agony over it. The UC office did send me a later stating they had record I went back to work and to reply to the letter within 7 days. I spoke with the UC office and I am now awaiting a letter that will tell me what to do next. I am fine with repayment and penalties. My question is, will this show up on some sort of criminal record or background check or does it depend on whether or not they choose to prosecute? Does a conviction only happen if you go to trial? How often do unemployment fraud cases go to court? I guess I'm just confused as to what exactly would give me a criminal record. I recently started a new job in the insurance industry and have to get licensed in Maine and Florida. My worry is that this could potentially inhibit me from getting licensed? Any help would be extremely appreciated.

 

[commentator]

Okay, when you are contacted by the unemployment fraud system, you are absolutely not going into the criminal prosecution system at that time. This is an agency. This agency has its own people who investigate incidents of fraud. Of course it was freaking stupid of you to do what you did. They caught you before you got turned around good. You should have known better. But you are by no means the first person who's tried this, or even tried it today. That's why the system is set up to catch you so efficiently. They are much more interested in repayment than punishment, at this point, anyway.

They have a very standardized process that they go through. They determine that yes, this was a fraud overpayment. It doesn't matter what you say to them. You do not need an attorney to deal with them. They can see exactly what you did. For you to get into the criminal justice system, they'd have to recommend prosecution, which this system does only with a very small number of the overpayment cases it processes.

As I said, they are most of all interested in getting their money back. If you respond to them, cooperate with them, and most of all, begin a payment process to get the money back to them and the fines and penalties paid, you're very unlikely to be the one they choose to recommend to the local DA for prosecution.

The department will do this (recommend prosecution) only a few times a year to scare people. They usually choose someone who has been very blatant, deliberately commits fraud on a large scale, has tried diligently to avoid dealing with them, you know, one of their "pet peeve" cases. They usually have some repeat offenders, some real jerks to choose from. Don't be that person.

No one should ever find out about this unemployment overpayment because it will very very likely never go outside the agency if you cooperate fully and get the overpayment taken care of. Information about things that happen inside the agency are private and will not be available for public consumption.