Unemployment Insurance fraud

[Sunshine06]

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

Does anyone know what happens when you collect unemployment benefits, get a job, and still collect benefits for about a month? Do you just pay the money back, go to jail, or both? I'm not sure if it's state or federally funded but if you are caught doing so will the government take it back out of your check or tax refund check? Will you not be able to get grants and school loans? If you are ever unemployed again will they deny you benefits because of prior fraud? Can you get convicted and it affects you getting anything (job, home loans, car loans, grant money for school, etc,)? I appreciate any advice, Thank you.What is the name of your state (only U.S. law)?

 

[commentator]

Has this situation already occurred, in that the person has already done it, and it has not been picked up yet? Or has this person who drew these benefits already been contacted by the fraud and overpayment unit?Rest assured, you will be caught if you haven't yet, because the system cross matches wages with unemployment benefits.

Each separate week that this person filed for after they begun working at the new job will be picked up as an overpayment. Since the person had to lie on their weekly certification for each week, it is considered actual fraud. It was NOT a mistake, a case of not knowing, or misunderstanding. "Did you do any work this week for which you have been paid or will be paid?" is the question that was lied about. That will mean they will assess a 10% penalty on the overpayment, and can prohibit your receiving benefits for a penalty period.

That said, you probably would never go to jail. What will happen is that the overpayment unit will start trying to get this money back from you. It is state money, they will not get your federal income tax refund or keep you from signing up on PELL grants. But they can stop you from applying for state educational benefits, and get your state income tax refund. They can also garnish your wages. This can certainly hurt your credit rating, injure your situation with your new employer. If you ignore their calls and attempts to resolve this, they may very well do this.

If you are out of work again, absolutely destitute, and have no means to pay them back, you can ask for a waiver of the overpayment. You must submit a very detailed income statement, which will be verified, and they will then write off the payment. If you are working somewhere else and you get laid off again, you will not be able to get a new claim set up, or draw any more benefits from your claim until you have first paid the state system back this overpayment. This overpayment will stay on your record for a long long time, and when you apply to do something at the state level, like apply for a business license, or register a car or boat, it will pop up again and again.

If I were you, and I had not been caught yet, and I knew I had drawn too much unemployment, I think I might contact the overpayment unit at the state level, and confess; let them determine how much your overpayment is, and ask about repayment arrangements. At this point, no one but you and they will know what has happened, and you can keep this from getting any worse.

 

[Sunshine06]

Thanks!!!

Thank you so much for your advice! I'm only 22yrs old and i don't want to get into any more trouble. I will take your advice and call them and tell them what i have done before they contact me. Thanks again.

 

[mmaddness]

What happens if they say you didnt report enough for over a year and a half of being approved...and want you to pay back over 30 thousand dollars. It says you have 45 days to pay it back...how is that possible?? Will they come arrest you for this or set you up on a payment plan?

 

[eerelations]

If they are correct and you didn't report enough to the tune of $30K 1.5 years later, then you have indeed committed fraud and are lucky they're only asking for the money back and not seeking jail time for you.

 

[commentator]

Mmmadness, you should have asked your own question on this, but actually, what is going on is that the fraud unit of your state will determine whether this was an overpayment due to your being denied benefits after having been first approved for them, or whether it was blatant, in your face, I know this is wrong, but I'm doin it anyway catch me if you can fraud. And yeah, they will catch you.

I do not understand the term "you didn't report enough" through a whole claim, it sounds like, to the tune of $30,000. So you were working, and din't report enough of your income? What do they mean you "didn't report enough"? Unemployment is not based on something you report as best I can figure out. The best thing I would strongly advise you to do is get back in touch with these people who have contacted you about the overpayment. Talk to them. Explain your current financial situation. If you are working and able to do so, they should be willing to work out a repayment plan with you.

If you are financially destitute and NOT able to pay them back, you may be able to ask for a waiver, to postpone payment of this money until you are able to do so. But so much of this will depend on whether it was total deliberate fraud or overpayment, and whether you are proactive with them about paying the money back.

If you simply ignore them, do not contact them and express your willingness to work with them, then expect them to come after you. They can if they chose to do so, take you through the federal court system and actually you can end up with time in jail, but this is usually reserved only for those who have committed blatant unemployment fraud, such as using someone else's ss# or repeatedly bilking the system more than once or twice.

 

[RobThomas]

need help

I am one that was just contacted by the police and want me to come in monday morning to face charges of filing unemployment while working for over a year and a half. I am pretty frightened being a single dad to a beautiful 15 year old son. I do not have money for an attorney, but was able to speak to someone that was an attorney for quite sometime. he mentioned to let them know monday you want an attorney when they question you. Either way the cops are not and can not help you get released, its ultimately up to the judge. Wouldnt this be easier on me if i just admit my guilt, but if i do i can serve some serious time and lose my son. his mom hasnt been around for over two years and lives in a different state. Is there anything I can say or do to get released with out bail knowing i showed up when cops asked? Also, is there an option to still contact unemployment and ask them for mercy? What I did was only to help pay bills, never lived on the hogs end, and still barely made it with a job and unemployment. I know, its like stealing a loaf of bread and saying it was because im hungry. I cant go to jail, he all I have and hes all I have!! I just need a hug, what have i done to myself and others that love me, im bottoming out here!!

 

[cbg]

Every penny that you took in unemployment while you were working, was a penny that someone else who was not working didn't get. The state only has so much money, people who had no income at all were being declined, and you were working full time and taking money you were not entitled to. Don't come looking for sympathy and hugs now.

 

[RobThomas]

agreed

Your right, i was desperate. I want to pay back every penny, I am not running, but trying to stay out of jail to make that happen and to be able to do the only thing I have ever done right, and thats be a parent. My son is awesome, and well mannered respectful and obtains good grades. Me, I am just plain stupid and for once in our meager lives I was able to do more then less. Is there an option out there for me, forget the hugs. I did this, and want to make it right, any advice other then how messed up I am would be appreciated.

 

[swalsh411]

Every penny that you took in unemployment while you were working, was a penny that someone else who was not working didn't get. The state only has so much money, people who had no income at all were being declined, and you were working full time and taking money you were not entitled to. Don't come looking for sympathy and hugs now.

Not that I am defending unemployment fraud but this is not accurate. Nobody who was otherwise entitled to benefits was denied because some other person was collecting them.

 

[commentator]

Right, collecting unemployment insurance is like collecting insurance money by fraud. It doesn't exactly take it out of someone else's pocket, but my problem with you and my question to you is WHY haven't you responded to these people before? Why has it taken intervention by the legal system to force your attention to this matter?

You have been profoundly stuupppppiiidd to ignore the overtures of the unemployment fraud unit until they have actually come to get you and take you to jail. And now you begin with all the sad stories of how this is like stealing a loaf of bread when you were hungry, and your poor son will have no one to take care of him..... so how long have you been dodging these people?

You didn't mention your state, as I can see, so I can't be very specific, but generally, to get a criminal citation, you have to ignore the heck out of one big old bunch of the agency's original attempts to contact you and to determine if this was true fraud. ANd so usually when you come in before the judge, they'll have a sheaf of paperwork that you have ignored, evidence that they have tried to contact you and get your cooperation several times already in this matter.

So it's going to sound awfully thin and pitiful and ungenuine when you try to claim you didn't know any better, and that you just were so desperate, and yada yada yada.

You'll be paying the money back with interest and penalties, and may end up serving some jail time. Be dignified, own up now at this point that you have committed fraud, that you understood you did wrong and that you are prepared to make your amends. This will probably serve you far better in the court system than this "poor me" stuff.

Unemployment insurance is not needs based, they didn't give it to you because of your poverty, and being poor is not an excuse to permit you to commit fraud. They bend over backward to make sure you, oh yes you did understand the rules and you did know exactly what you were doing and that it was fraud, so the "ignorance" defense won't fly either. Especially when they contacted you many times and tried to resolve the matter before it got this far along and you chose to ignore them all those times, and only got the message when the cops call and are coming to get you.

 

[cbg]

Not directly taken out of someone else's pocket, no.

But there is no question that as more and more states (and employers) ran out of money, claims that might not have been contested were; grey area claims that might have been approved were not. Definitions of misconduct were broadened and it became harder to collect.

If this poster, and others, had not been fraudulently collecting monies that were needed elsewhere and that they did not deserve, who knows what might have happened with some of these claims?

 

[InsaneJane]

Take the lawyers advice: ask for a lawyer right away and keep your mouth shut. Explainning the situation or answering questions will only sink you into more trouble. You need a lawyer to handle this.

 

[djkoolaide]

Help!

I've been on ohio unemployment for a while and have been working part time. Unemployment pays the difference that i don't make at my job. I recently had spinal meningitis for a month and have not worked for 3-4 weeks. As I claimed my weeks, I put in that I received $0 for those weeks that i didn't work which in turn made them hold up my benefits. I told unemployment that I didn't make any money because they had cut back on hours. The company did cut back on hours but that's obviously not why I was not at work. I was afraid they wouldn't pay me during this time i was deathly ill and I have to support 3 children. I think they are sending a letter to my employer about the supposed temporary lay off but I'm not sure. Will i get in trouble? how can I get out of this?

 

[pattytx]

djkoolaide has started his own thread.