Will I go to jail for UC fraud?

[commentator]

Call them, Angelmarie. As I said, if you knew this overpayment was an absolute mistake and you didn't do it, there'd be room for an appeal. You would send in this paperwork within a certain number of days formally requesting to appeal the overpayment. But this isn't a mistake. You know it. You do not need or want to file an appeal, try to show them where the overpayment paperwork is wrong, or send them check stub copies verifying they've made a mistake.

When you talk to them, first thing this upcoming week, ask them if you can work out your overpayment program with them on the call, or if you need to send back the overpayment appeals paperwork as well.

Remember you do not wish to file an appeal, you just want to set up an overpayment plan. If you are told you MUST send back in the paperwork, you could always do so, but do not bother to say yes I did commit fraud. You are not required to send them check stub copies, either. They already have all your payroll information and your unemployment records, unless you believe them to have incorrect information.

When fraud is found, they send you an official letter telling you what they've found, they don't call you on the phone. They ask if you wish to appeal. If you do wish to appeal, they'll need this and this and this.That's what the paperwork you've received is. It's your official notification of the overpayment. It very likely has contact information for the department that set up the overpayment and send out the notice.

As I said before, no one is interested in your reason for doing it if you don't feel that the overpayment is a complete error and you absolutely did not commit it. Everyone involved assumes you did it because you wanted the money and felt you needed it badly enough to commit fraud. That's all there is to it.

 

[OHRoadwarrior]

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.

No one is going to give you a magic answer or tell you to compound the crime you already committed. That said, as you have already committed the crime, we cannot stop you from continuing to lie. I do suggest if you continue to lie, you make it clear you want a repayment plan. If you are not wanting to lie or tell the truth, calling on the phone and requesting the repayment plan MIGHT keep you from being asked the question. Remember they might record calls.

 

[commentator]

What I am trying to get across is that they do not care to hear another stale story of why. If there's not an error, the "why" is because the person wanted to get the money. They are not trying to prosecute this person right now, just want to get their money repaid with the least hassle possible.

 

[BigMouthWino]

What I am trying to get across is that they do not care to hear another stale story of why. If there's not an error, the "why" is because the person wanted to get the money. They are not trying to prosecute this person right now, just want to get their money repaid with the least hassle possible.

Again, what you are trying to get across is not applicable to OP's current situation. Apparently you are unfamiliar with the procedure in OP's state.

OP clearly posted her state has sent her paperwork asking:

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.

OP: Again you can see my suggested response and follow up action earlier in the thread. I'm sorry others have failed to remain on topic.

 

[commentator]

The paperwork OP has received is a notice of overpayment. They are very similar in all unemployment fraud actions in all states. They don't call you on the phone or email you when a determination of overpayment is made, they send you a notice of overpayment. It is an official notification letter.

The notice of overpayment says that if you wish to appeal this overpayment, you send in this and this and this. If you don't wish to appeal, you can contact them to set up an overpayment plan. You could write them a letter, or you could call them. But either way, you need to talk to them. You could certainly call them and ask if, in this particular state, they DO want this particular letter returned in writing. Though I bet they don't care. I assure you they do not care why the person says they were overpaid unless they say it was due to departmental error.

If you ignore the letter totally, they'll take things further. But they generally do not want their actual letter back as long as they do hear from you in some way shape form or fashion, and they are not trying to entrap you into making a self-incriminating statement. They already know you did it.

 

[commentator]

Yes, I'm psychic enough to look up PA unemployment overpayment decision letters in their state's unemployment insurance documents and policies. Which I have done. And there is nothing in them that is different from any other state including the ones I am very familiar with. This is an overpayment notice. You are just reading into it literally what you think it means and giving advice based on that.

What is the downside of telling this OP to call the fraud unit and discuss it with them and let them settle the question?

 

[angelmarie8908]

What is the downside of telling this OP to call the fraud unit and discuss it with them and let them settle the question?

I agree with calling into them, the worst case scenario, they will tell me I need to return the paperwork. However, my paperwork at the top of the first page states

"this is not an appealable document
ADVANCEMENT NOTICE"

I do not know if this is the same as an overpayment notice or if perhaps, they want to advance this further? I'm not sure. I should have been more clear in my initial post. I will call them as soon as I possibly can though.

 

[BigMouthWino]

I agree with calling into them, the worst case scenario, they will tell me I need to return the paperwork. However, my paperwork at the top of the first page states

"this is not an appealable document
ADVANCEMENT NOTICE"

I do not know if this is the same as an overpayment notice or if perhaps, they want to advance this further? I'm not sure. I should have been more clear in my initial post. I will call them as soon as I possibly can though.

Chalk another one up for BigMouthWino! Guess you didn't read up on the state's policies and procedures quite closely enough commentator.

Now, OP, you should definitely call them, but you should also comply with any paperwork they require. A suggested course of action is indicated in my original reply below, quoted for your convenience.

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]

This means it is a notification, a letter of inquiry they are sending out before they issue a decison. It is not an appeal decision letter. My misunderstanding. The appeal decision letter has not been sent yet because the decision on overpayment has not been made. When it is, you'll get a letter. Sorry, but I still say call them. If they want you to send it back, send it back, giving them your contact information and saying I wish to request an overpayment payment plan be set up . You not need to lie about why you did it. Saying you did not understand that what you did was wrong is a lie. Saying that, and then saying, "But IF I made a mistake...." is silly. You did, they know you did. Ignorance would be no excuse, even if you had done it in ignorance. Why bother?

 

[angelmarie8908]

This means it is a notification, a letter of inquiry they are sending out before they issue a decison. It is not an appeal decision letter. My misunderstanding. The appeal decision letter has not been sent yet because the decision on overpayment has not been made. When it is, you'll get a letter. Sorry, but I still say call them. If they want you to send it back, send it back, giving them your contact information and saying I wish to request an overpayment payment plan be set up . You not need to lie about why you did it. Saying you did not understand that what you did was wrong is a lie. Saying that, and then saying, "But IF I made a mistake...." is silly. You did, they know you did. Ignorance would be no excuse, even if you had done it in ignorance. Why bother?

Thank you for the clarification. Also for all of the information you have provided me with. I sincerely appreciate it. I will contact the office ASAP and try to set up a repayment plan, also , I will find out if i still need to hand the paperwork in as well. I appreciate all information given, it has been helpful. I was afraid the ADVAncement notice meant they wanted to advance the case. but thank you!

 

[cbg]

"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.

Personally, I interpret this, when taken in context, to mean that you only need to provide an explanation if you disagree that the amount reported by the employer is correct and are going to try to claim that the amount you reported is the correct one after all.

 

[BigMouthWino]

Personally, I interpret this, when taken in context, to mean that you only need to provide an explanation if you disagree that the amount reported by the employer is correct and are going to try to claim that the amount you reported is the correct one after all.

Agreed regarding providing documentation, but note the explanation portion which states:

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.

If your theory were correct it would not require an explanation of why you reported no wages while working.

 

[quincy]

Off-topic note to BigMouthWino:

When you publish quotes taken out of context, or when you change the wording in a quote, you can misrepresent facts and mislead readers. Putting material in quotes and attributing the source of the quote does not relieve you of the responsibility to quote fairly and accurately.

The quotes you are using in your signature are misleading. The use of quotes in this manner can be legally risky (not to mention a bit nonsensical, as it reflects poorly on you and the advice you offer).

 

[TigerD]

...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.

I've given this a lot of thought. Really, wouldn't moving to Arkansas be punishment enough for anything short of a capital crime?

DC

 

[OHRoadwarrior]

I've given this a lot of thought. Really, wouldn't moving to Arkansas be punishment enough for anything short of a capital crime?

DC

As an aside to your aside, I was working in Arkansas for 6 months once. I was going down the road, talking to a coworker and observed a house burning to the ground on the side of the interstate. I saw no one there. No people, no firetrucks, no police, nothing!!! I asked my coworker if he thought it was weird that there was no one at the fire. He replied by querying me as to why the fire department would respond to what was obviously someone burning their own house down. When I asked why they were not afraid of being charged for arson. He asked why should it be illegal to burn your own house down.