If you make a false representation, knowing concealment, or false identification to obtain benefits, you could be charged with this crime.
Unemployment benefits are an important part of the California economy. Workers across the state depend on unemployment insurance (commonly known as UI) to provide them with benefits in the event that they lose their job. While unemployment benefits are typically used by people who genuinely need them to stay afloat after a job loss, there are some people who take advantage of the system. In those cases, the California Employment Development Department’s fraud investigation unit may bring charges for unemployment insurance fraud.
What Is Unemployment Insurance Fraud?
Unemployment insurance fraud is a broad category of crime that includes any time that a person makes a “willful false representation, knowing concealment, or false identification to obtain, increase, reduce or defeat any benefit under the state or federal programs.” The state of California investigates suspected unemployment insurance fraud, which is often investigated through tips from the public from a hotline or from “red flags” noted by case officers at field offices around the state. If the state finds enough evidence of unemployment insurance fraud, the case is sent to a prosecutor for prosecution on criminal charges.
Because the law is written so broadly, criminal charges for unemployment insurance can happen in any number of ways. If a person continues to work while collecting unemployment benefits and does not report it, that could be an example of fraud. Similarly, using a false name to collect benefits is considered fraudulent, as is faking work search efforts (in other words, claiming that you are looking for a job when you are not). If you collect other benefits, such as workers’ compensation, without reporting it, that may also be considered fraud. If you falsify the reason that you are no longer working, such as lying about being fired, that may also be considered fraud under this law.
While many people associate unemployment insurance fraud with employees, employers may also be charged with this crime. If an employer provides false information about why an employee was fired, for example, that would be considered unemployment insurance fraud.
Unemployment insurance fraud can be charged as either a felony or a misdemeanor offense, depending on the facts of the case and your criminal history. Fortunately, there are several potential defenses to this criminal charge. A skilled criminal attorney in Los Angeles, CA can argue that you did not have criminal intent in making a false statement, for example, and simply did not accurately describe your situation. Your criminal attorney in Los Angeles, CA may also argue that you did not realize that you had to report certain income or benefits, or that the prosector does not have enough evidence to charge you with the crime.
At the Chambers Law Firm, our attorneys are highly experienced criminal attorneys in Los Angeles, CA who understand the growing crime of unemployment insurance fraud. If you have been charged with this crime or any other crime, contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
