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Maverick
Maverick, Lawyer
Category: Criminal Law
Satisfied Customers: 5767
Experience:  20 years experience
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I'm in Iowa I went to an interview with an investigator for

Customer Question

I'm in Iowa I went to an interview with an investigator for unemployment. I recieved an overpayment in the amount of 4300.00 and possibly more over this past year. I was over paid because I underreported money I earned. I did not do this fraudulently I mistakenly entered net income verses gross income. I however tried to calculate net income as I reported before I was actually paid for time worked. The investigated did not believe me she stated some of the figures were to far off which they were. I am unsure how I came to those numbers as it was months ago my only explanation is mathematical error.
I filed a second claim in June and was advised by an unemployed customer service personnel that I didn't have to put my most recent employer down as long as I reported my earnings and marked still working. Which I did. I was told I may have to pay back all money recieved from that claim because I did not report my most current employer. What are your thoughts on any criminal charges?
JA: Because laws vary from state to state, could you tell me what state is this in? You just pay a $5 deposit now and the rest only when you get a reply from the Criminal Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: Iowa
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Not sure
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 3 months ago.

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Expert:  Colleen Grady replied 3 months ago.

I am going to opt out for another expert who may know more on this subject.

Expert:  Maverick replied 3 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Customer: replied 3 months ago.
I can not call right now
Expert:  Maverick replied 3 months ago.

IWD handles unemployment benefits related fraud claims in Iowa. Fraud is defined as knowingly providing false information, or withholding information, in order to receive UI benefits. If this is proven against you then, fraudulently collecting unemployment benefits can lead to severe penalties which include:

  • criminal prosecution, fines and imprisonment
  • denial of future benefits by administrative penalty
  • repayment of fraudulently collected unemployment benefits, plus a 15 percent penalty
  • wage garnishments and liens
  • interception of state and federal tax refunds

Since the IWD is making your credibility at issue here, it is possible that they may prosecute. A jury would need to decide the issue then.

I know this is not the answer you wanted to hear, but I am assuming that you are wanting a professional and honest answer.

Customer: replied 3 months ago.
I was. As of right now they were making it an issue in terms of a potential 15% penalty. I questioned the possibility of charges . The investigator stated she did not feel that was this case but also stated it would be up to officials in DesMoines and they were doing different things right now. So my question is how often are these cases prosecuted?
Expert:  Maverick replied 3 months ago.

I have no statistic for Iowa; but these cases are rarely prosecuted - less than 5% of the time. This is what the lady appears to be hinting to you.

Customer: replied 3 months ago.
Do you have any knowledge of repayment plans, how they are set up and amounts.
Expert:  Maverick replied 3 months ago.

There are no set guidelines posted on this issue by the IWD; so it appears to be a matter left to ad hoc negotiations on a case by case basis. It could include IWD withholding money from future unemployment benefits and/or taking your State income tax refund.