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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20213
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I received a letter being accused of unemployment fraud from

Resolved Question:

I received a letter being accused of unemployment fraud from 2009. I remember an agent telling me to continue to file because it was part time and the income was low. Now I'm being accused of fraud. What can I do to make this go away?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What exactly does the letter say? Is it a letter from the District Attorney charging you with a crime? Is there a summons with a court date?
Customer: replied 1 year ago.
The letter is from the unemployment labor stating my time clocks from my job in 2009. Saying I'm penalized 20 weeks from unemployment and that I might be fined. Also states I can appeal.
Expert:  Lucy, Esq. replied 1 year ago.
Ok. Thank you for clarifying.

Your next step then is to appeal. That is the way to show them that you did report your wages and you did not knowingly or intentionally commit fraud. There will probably be a hearing, and you'll be able to present your evidence.

Review all of your records carefully. If it looks like you might have accidentally collected too much, then you might be able to resolve the issue by agreeing to repay the excess amounts. There are ways to negotiate that without admitting wrongdoing. Right now, you have not been officially charged with a crime, and that's good. Often, if Unemployment finds an overpayment and the person works with them, they won't try to prosecute. So, the first step is to review all the documentation you have, and the second step is to appeal so you can prove to them that you did not knowingly collect more benefits than you were entitled to.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.
Thx... Thing is, since it had happen couple years ago I can't find documents n I was filing via web.on the appeal I guess I tell them I was told by an agent to keep filing... ? I thought I was in the right since I was told since it was part time .
Expert:  Lucy, Esq. replied 1 year ago.
You can testify as to what the agent told you. You can also send them a written request asking that they produce copies of all filings that you made and any other relevant docments. If they don't have them, they can't possibly prove the case against you. So, either way, it will help to see what they have.

It might also help to see if the employer you were working for can give you copies of all of your earnings, so you can show that the amounts you reported were accurate.
Customer: replied 1 year ago.
Ok thx... And if it's denied what's the worst that can happen? Will I receive jail time?
Expert:  Lucy, Esq. replied 1 year ago.
The worst case scenario involves them criminally charging you with fraud. The statute of limitations for a criminal fraud charge is only three years, though, so it may already be too late for them to do that.

Assuming they could get around the statute of limitations somehow (there are some exceptions), then jail is still unlikely for a first offense. It's more likely they'd just ask you to pay a fine, put you on probation, and tell you that you're no longer eligible for government assistance.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20213
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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