North Carolina Unemployment Insurance Fraud. (attorney, income, living)

[mrgrinch]

I live in NC and I fraudulently overdrew my unemployment insurance by about $900. I got a letter in the mail saying that they were auditing my account. I failed to report earnings for like five weeks. I wasn't going to do it. My mother encouraged me to do it like a mother encourages a son to clean his room or do his homework. Now I am not passing the buck and I am prepared to take whatever the law hands down to me. What I did was wrong. What should I do? Is there anyway I can avoid jail time?

Anyone know

Speak freely.

[lovebrentwood]

You can legally make $80 a week on another job while still on unemployment, so you can subtract that from your fraudulent amount.

Lots of luck on the other amount. I'd call a lawyer.

[jdljr]

Originally Posted by lovebrentwood

You can legally make $80 a week on another job while still on unemployment, so you can subtract that from your fraudulent amount.

Lots of luck on the other amount. I'd call a lawyer.

The amount of earnings you can earn each week while drawing unemployment varies by claimant - it's not $80 for everyone, it's a dollar amount based on a formula (which escapes me right now). The more you earn from your regular earnings, the more you can earn while on unemployment. Those with a lower income will be allowed to earn less each week. Anything earned over that amount while receiving unemployment is deducted dollar for dollar from your benefit amount.

Now, as far as the overpayment and the fact that you did it knowingly - that's something you'll have to discuss with a consultant at the ESC. Perhaps they'll allow you to just pay it back, with penalties of course. On the other hand, since it was blatant fraud...

People who blatantly defraud the system and file for benefits they aren't entitled to cost the fund a lot of money. I believe that people should get every penny they're entitled to, but not one penny more. But more importantly, I also believe we have to protect the fund.

On the other hand, at least you and other defrauders are keeping people employed. :-)

[brokensky]

Here are the general statutes for NC:

North Carolina General Statutes § 96-18. Penalties. - North Carolina North Carolina General Statutes § 96-18. Penalties. - North Carolina Code :: Justia

I would assume you would be responsible for paying back the overage amount, along w/ any penalties that might be imposed. As long as you quickly pay it back once notified of the overpayment, it would seem that would prevent further action by the ESC.

I would personally seek an attorney's advice if you were my son. The money spent on doing that will certainly give you peace of mind.

[Timm]

Originally Posted by mrgrinch

I live in NC and I fraudulently overdrew my unemployment insurance by about $900. I got a letter in the mail saying that they were auditing my account. I failed to report earnings for like five weeks. I wasn't going to do it. My mother encouraged me to do it like a mother encourages a son to clean his room or do his homework. Now I am not passing the buck and I am prepared to take whatever the law hands down to me. What I did was wrong. What should I do? Is there anyway I can avoid jail time?

Anyone know

Speak freely.

Wow. Quite a mess you got yourself into.

Here is what I would do (I am NOT a lawyer): I'd be completely honest with them and cooperate fully. Tell them I took some bad advice from my bad mom, didn't think it through, got greedy, that I'm not the brightest guy in the world, that I regret it and am willing to settle it in any way they see fit. My thinking would be that if I make it easier for them to do their jobs perhaps they wouldn't go after me full throttle.

Perhaps most importantly, I would immediately begin thinking for myself and living my life as I see fit, doing things the way I feel is right. I would also never ever ever take advice from my mother again, but I assume that goes without saying.