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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23594
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was charged w/ unempl fraud in and paid the fine. I was

Customer Question

Hi. I was charged w/ unempl fraud in KY and paid the fine. I was unempl. last year and taught an online course. . .was the first time I"d ever filed for unempl or been unempl and was uncertain of the process. Well, they billed me and made me pay back $3K, which I did. I no longer live in KY. . . can they seek further prosecution?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Charged in KY, but I now live in AZ. I had to leave KY to find work.
JA: Have you talked to a laywer yet?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that I earned a total of 25K last year total per tax returns; 10K of which was after I moved to AZ. Clearly, I was not intentionally trying to rob anyone while I was unempl in KY.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 2 months ago.

Yes, they can prosecute you for the act. However, if you realized what you did and paid the overpayment, unless they have reason to believe you committed a deliberate fraud, they frequently won't.

What did the letter from unemployment say that they sent you and have you had any further contact with them since?

Customer: replied 2 months ago.
Hi Zoey, I sent them an explanation telling them that I was unemployed, but taught an online course. It was the first time I'd ever filed for unemployment benefits and wasn't sure how to report things. I paid the overpayment and have had no contact since. When I spoke to the rep via phone she told me that they may prosecute me in 18 months, but if I live in another state then not to worry about it, as they do not "track people down" out of state.
Expert:  Zoey_ JD replied 2 months ago.

I don't think they will prosecute you. You've made out a mistake defense, and they have no reason to think that you deliberately defrauded them. Technically speaking, could they? Well yes, they could, just as your rep told you. But in order to get a conviction, the state would have to prove you intended to defraud them beyond a reasonable doubt. This is not a strong case for the state and one they'll likely leave alone.

My experience is that they usually don't wait very long to file charges. If they have sufficient evidence to believe a fraud was involved, you can get a hearing on that matter if you wish it, but once that's concluded if it still looks like fraud to them, they just turn the matter over to the prosecutor who files charges.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.