Will I go to jail for UC fraud?

[angelmarie8908]

What is the name of your state (only U.S. law)? PA

Will I go to jail for unemployment fraud? I am from PA. I collected about 18 credit weeks and reported no earnings while i was working, and I now got a letter in the mail showing my reportings (0.00) and my ex employers reportings(about 400 a week) and asking which set of answers is correct, and if I lied, why? I know what I did was wrong, and I seriously regret it. According to the paperwork, i'll end up paying back at 4500 before penalties and interest, and I understand why, but I just want to know what I need to say on my paperwork as my reason for lying, and I'd like an idea of if I am going to go to jail. I have a clean background, and I've never even broken the law before, other than a speeding ticket, but I am very scared. Help?

 

[swalsh411]

Don't admit you lied. Set up a repayment plan and stick to it and you should be OK.

 

[Ohiogal]

What is the name of your state (only U.S. law)? PA

Will I go to jail for unemployment fraud? I am from PA. I collected about 18 credit weeks and reported no earnings while i was working, and I now got a letter in the mail showing my reportings (0.00) and my ex employers reportings(about 400 a week) and asking which set of answers is correct, and if I lied, why? I know what I did was wrong, and I seriously regret it. According to the paperwork, i'll end up paying back at 4500 before penalties and interest, and I understand why, but I just want to know what I need to say on my paperwork as my reason for lying, and I'd like an idea of if I am going to go to jail. I have a clean background, and I've never even broken the law before, other than a speeding ticket, but I am very scared. Help?

Some states are prosecuting people for doing this -- at this level, you are looking at a felony. You could go to jail. Nothing other than a speeding limit? Congrats on starting your criminal history with a felony.

 

[angelmarie8908]

Gee Thanks

I already understand that what i did was wrong. I also understand that some states are prosecuting. I just want to know what my chances are. I am asking for some advice, not to be lashed out at. My paper work states "If you reported no earnings while working, please explain why you did not report the earnings". What is the smartest answer I could use here. I understand completely that I made a mistake and I hadn't filed on it since June because I knew what i was doing was wrong. I have no problem trying to pay the money back as quickly as I can. I just need some advice and an honest opinion on if I will or will not go to jail. I am scared to death, so please dont comment just to be mean.

 

[cbg]

The people who are being prosecuted are the ones who disregard the notices they receive and make no efforts to arrange repayment.

 

[angelmarie8908]

Should I admit on my paperwork that I lied to recieve the money, orshould I just state that I agree with what the employer has stated, and that I want to work on my payment arrangements.

 

[cbg]

My honest opinion is that you will not go to jail AS LONG AS you set up payments and stick to them. But wait for Commentator to review how to complete the paperwork. She's the expert.

 

[BigMouthWino]

I already understand that what i did was wrong. I also understand that some states are prosecuting. I just want to know what my chances are. I am asking for some advice, not to be lashed out at. My paper work states "If you reported no earnings while working, please explain why you did not report the earnings". What is the smartest answer I could use here. I understand completely that I made a mistake and I hadn't filed on it since June because I knew what i was doing was wrong. I have no problem trying to pay the money back as quickly as I can. I just need some advice and an honest opinion on if I will or will not go to jail. I am scared to death, so please dont comment just to be mean.

My response would be:

"I did not understand that the money I received from XXXXX qualified as earnings for purposes of unemployment. If I was mistaken please work with me to set up a repayment schedule for any benefits I received in error."

Make sure to provide good contact information so they can set up a payment plan with you, or call them a week or so after you send the letter back and most importantly: KEEP UP THE PAYMENTS!

 

[commentator]

Excuse me, but where the heck do you think it says you are supposed to give some explanation of why you did it, or that an excuse will in any way help or hurt your case? The notice you received will probably ask you if you wish to appeal. It will give you the contact information for the overpayment unit.

An appeal would be very appropriate if you knew that the information about your having worked at the second company was completely false. They could possibly get your information confused with that of another claimant. There could be a reporting error somewhere. In this case, it would be important for you to appeal the overpayment. Then your appeal would say something like,, "This is not my correct social security number. I have never at any time, worked, for the XYZ company." It sometimes happens, though it did not happen in your case.

Never, at any time, do they expect to, or want to or need to hear you say you're sorry or that you didn't mean to, or that you were desperate for such and such reason. It does not matter. Unemployment insurance is not a needs based program. They don't care why you did it. They know you did it. Their records show you did it. End of issue.

NO, you are not in danger of going to jail for felony fraud at this point. If you totally ignore the overpayment, hire an attorney and try to defend your position, sue the department, or evade them by changing your address and moving to Arkansas, you might eventually get yourself prosecuted. If they notice that you've done this type of thing several times in the past when you drew benefits, it increases your chances.

But the system is set up that if you do what you did, work for another covered employer while claiming benefits, there is just about a 100% chance that you will be caught. You know why they didn't just expect everyone to be honest about it, why they set up all the records in the system to cross match with everything else? Because so many people lie.

In fact, a whomping big old lot of people get caught working and drawing every few weeks. You are certainly one among many many people they have caught in the last few weeks or months. While the states have stepped up in their efforts to collect overpayments and have begun prosecuting cases much more vigorously than in the past, they cannot and will not prosecute every overpayment to the fullest extent of the law possible. They'd bog down the court system totally in a very short time. They know you lied. They have the records. Nothing you can say except " I want to set up an overpayment plan" is going to make any difference at all.

Forget all the lawyerly responses. Save your breath with writing them letters that say "I did not understand**************." Yes, you did. call them directly at the contact information provided and speak with someone in the fraud and overpayment unit about repaying the money.

It is always better to set up a reasonable overpayment plan that pays back the money slowly than to promise them $1000 a month and then default on it.

 

[BigMouthWino]

Excuse me, but where the heck do you think it says you are supposed to give some explanation of why you did it, or that an excuse will in any way help or hurt your case? The notice you received will probably ask you if you wish to appeal. It will give you the contact information for the overpayment unit. Never, at any time, do they expect to, or want to or need to hear you say you're sorry or that you didn't mean to, or that you were desperate for such and such reason. It does not matter. Unemployment insurance is not a needs based program. They don't care why you did it. They know you did it. End of issue.

NO, you are not in danger of going to jail for felony fraud at this point. If you totally ignore the overpayment, hire an attorney and try to defend your position, sue the department, or evade them by changing your address and moving to Arkansas, you might eventually get yourself prosecuted. If they notice that you've done this type of thing several times in the past when you drew benefits, it increases your chances.

But the system is set up that if you do what you did, work for another covered employer while claiming benefits, there is just about a 100% chance that you will be caught. You know why they didn't just expect everyone to be honest about it, why they set up all the records in the system to cross match with everything else? Because so many people lie.

In fact, a whomping big old lot of people get caught working and drawing every few weeks. You are certainly one among many many people they have caught in the last few weeks or months. While the states have stepped up in their efforts to collect overpayments and have begun prosecuting cases much more vigorously than in the past, they cannot and will not prosecute every overpayment to the fullest extent of the law possible. They'd bog down the court system totally in a very short time. They know you lied. They have the records. Nothing you can say%2

Uh, OP writes that their paperwork requests as follows :

My paper work states "If you reported no earnings while working, please explain why you did not report the earnings". What is the smartest answer I could use here.

So apparently OP's state would like an explanation as to why no earnings were reported.

OP: See my response above on how to respond to this notice and the proper follow-up action to take.

 

[commentator]

The OP needs to call them and talk to them directly. Your response, BMW is a lie. The person did understand. There is no excuse. I still say, regardless of the wording, that she does NOT have the need to give any response other than what she says in her post, she knew it was wrong but she did it anyway. They don't care whether they hear it or not, they know why she did it. She's not arguing in a civil court requesting the mercy of the judge or something. She has no alternative but to repay the money.Expressing ignorance or remorse will not help.

 

[BigMouthWino]

The OP needs to call them and talk to them directly. Your response, BMW is a lie. The person did understand. There is no excuse. I still say, regardless of the wording, that she does NOT have the need to give any response other than what she says in her post, she knew it was wrong but she did it anyway. They don't care whether they hear it or not, they know why she did it. She's not arguing in a civil court requesting the mercy of the judge or something. She has no alternative but to repay the money.Expressing ignorance or remorse will not help.

I would submit that OP did not know they were earnings for purposes of unemployment until OP received notification from the state.

I believe the state will be more willing to work with OP if OP complies with their procedure by returning all paperwork fully completed and works out a repayment plan.

 

[You Are Guilty]

I believe the state will be more willing to work with OP if OP complies with their procedure by returning all paperwork fully completed and works out a repayment plan.

And I believe most (all?) criminal defense attorneys would be willing to say that putting an admission of guilt, in writing, to the state is never a good idea if one is concerned about potential criminal penalties. It's not hard to fathom that when UC is deciding which thieves it will prosecute, it will start with all the dummies who submitted confessions.

Since one can get a repayment plan without admitting criminal liability first, why not go that route?

 

[angelmarie8908]

And I believe most (all?) criminal defense attorneys would be willing to say that putting an admission of guilt, in writing, to the state is never a good idea if one is concerned about potential criminal penalties. It's not hard to fathom that when UC is deciding which thieves it will prosecute, it will start with all the dummies who submitted confessions.

Since one can get a repayment plan without admitting criminal liability first, why not go that route?

Well that would be great if they allow me to set up a payment plan without first admitting I am guilty. So you are saying I should not fill out the paperwork at all, and I should call the overpayment center and try to work out a payment plan? Or should I just state on the blanks after the question that I would like to work out a payment plan?

 

[angelmarie8908]

Excuse me, but where the heck do you think it says you are supposed to give some explanation of why you did it, or that an excuse will in any way help or hurt your case? The notice you received will probably ask you if you wish to appeal. It will give you the contact information for the overpayment unit.

An appeal would be very appropriate if you knew that the information about your having worked at the second company was completely false. They could possibly get your information confused with that of another claimant. There could be a reporting error somewhere. In this case, it would be important for you to appeal the overpayment. Then your appeal would say something like,, "This is not my correct social security number. I have never at any time, worked, for the XYZ company." It sometimes happens, though it did not happen in your case.

Never, at any time, do they expect to, or want to or need to hear you say you're sorry or that you didn't mean to, or that you were desperate for such and such reason. It does not matter. Unemployment insurance is not a needs based program. They don't care why you did it. They know you did it. Their records show you did it. End of issue.

NO, you are not in danger of going to jail for felony fraud at this point. If you totally ignore the overpayment, hire an attorney and try to defend your position, sue the department, or evade them by changing your address and moving to Arkansas, you might eventually get yourself prosecuted. If they notice that you've done this type of thing several times in the past when you drew benefits, it increases your chances.

But the system is set up that if you do what you did, work for another covered employer while claiming benefits, there is just about a 100% chance that you will be caught. You know why they didn't just expect everyone to be honest about it, why they set up all the records in the system to cross match with everything else? Because so many people lie.

In fact, a whomping big old lot of people get caught working and drawing every few weeks. You are certainly one among many many people they have caught in the last few weeks or months. While the states have stepped up in their efforts to collect overpayments and have begun prosecuting cases much more vigorously than in the past, they cannot and will not prosecute every overpayment to the fullest extent of the law possible. They'd bog down the court system totally in a very short time. They know you lied. They have the records. Nothing you can say except " I want to set up an overpayment plan" is going to make any difference at all.

Forget all the lawyerly responses. Save your breath with writing them letters that say "I did not understand**************." Yes, you did. call them directly at the contact information provided and speak with someone in the fraud and overpayment unit about repaying the money.

It is always better to set up a reasonable overpayment plan that pays back the money slowly than to promise them $1000 a month and then default on it.

Where the heck do I think it asks me to explain it? I quote from the questionnaire

"Which earnings amounts provided above do you believe to be correct?
[]amounts reported by you
[] amounts reported by your employer

Note: If you disagree with the amounts provided by your employer, please provide any documentation (EG Paystubs) which you would like us to consider when determining your eligibility for the weeks in question. Copies Only; please do not send the originals. Documentation must show the seven (7) day, Sunday to Saturday, Period.

Please Explain why you reported the amount and why you believe there is a difference in the amounts reported by you and your employer. If you reported no earnings while working, please explain why you did not report the earnings.
_____________________________________________________________________________

** Not trying to be rude here, just giving some clarification. I do not want to write straight out that I was lying because I was desperate as my husband had gotten fired from his job and I couldnt' make any ends meet. There really is no excuse and i understand that, but I dont want to give them a confession and make it more likely I go to jail from this. I am already scared to death, and it was probably the worst decision I have ever made. If I didnt state so before, thank you to everyone for your responses, I really appreciate any help I can get here. Thank you so much