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I received a audit from EDD. Does that mean I am being

Customer Question
I received a BAM...

I received a BAM audit from EDD. Does that mean I am being investigated for fraud?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

EDD would like to interview me via phone. Should I do the interview?

Submitted: 8 months ago.Category: Criminal Law
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Answered in 7 minutes by:
11/13/2017
Criminal Lawyer: RobertJDFL, Lawyer replied 8 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,209
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Criminal Lawyer: RobertJDFL, Lawyer replied 8 months ago

Good evening,

It doesn't necessarily mean you are being investigated for fraud. The EDD does reviews of case, and if numbers don't look right, they will proceed with an audit. Many times this is triggered by something or someone -e.g., they get records of earnings while someone is claiming benefits. Or a ex who knows you are working under the table while collecting unemployment reports you. Sometimes, it's a mistake on their end and they just need to go over things. It doesn't have to be a willful violation, in other words.

That said, because over payment can result in civil and potentially criminal penalties if they believe that you intentionally committed fraud, I would not make any statements to them or answer any questions without speaking to a lawyer.

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Customer reply replied 8 months ago
Thank you for your response. I have a feeling someone called them to report fraud. I have not been working or receiving money under the table. I just do not feel comfortable giving them releases to all of the records they are asking for.
Criminal Lawyer: RobertJDFL, Lawyer replied 8 months ago
Sorry for the delayed reply - I’m having computer connection issues. I wouldn’t be surprised if that is exactly what happened with you however - sometimes, a person is angry at someone else and calls and makes a false report, which EDD then starts looking into. I too wouldn’t feel comfortable turning over financial records which are private. One alternative would be to agree to providing them limited copies of documents, eg the last two months of bank statements, for example.
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Customer reply replied 8 months ago
Long story...But my ex-employer is not happy with me. They had to pay me a settlement before I separated from the job. BTW-I reported the money to the EDD. Thank you again.
Criminal Lawyer: RobertJDFL, Lawyer replied 8 months ago

I see. Well, it was my pleasure to help. Sorry again about my computer issues!

Please remember to leave a positive rating by clicking the stars at the top of the page so I am credited for my time and assistance by the site. Thank you.

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Criminal Lawyer: RobertJDFL, Lawyer replied 8 months ago
Clearly this is not what you did. There was no intent to commit a crime or to cause them emotional distress or to suffer harm.
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Criminal Lawyer: RobertJDFL, Lawyer replied 8 months ago

Please ignore that last post - it was meant for another customer question and ended up being posted to you.

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