(a) A person who makes a false statement or representation knowing it to be false
or who knowingly fails to disclose a material fact in order to obtain or attempt to
obtain or increase a benefit, either for himself, herself or another, under this chapter,
or under an employment security law of any other state or of the federal government
for either of which jurisdictions this state is acting as an agent, is guilty of a
misdemeanor, and, upon conviction, shall be punished by a fine of not less than $100
nor more than $1,000, or by confinement in jail for not longer than thirty days, or
both, and by full repayment of all benefits obtained fraudulently. Each false statement or representation, or failure to disclose a material fact,
is a separate offense.
(b) After July 1, 2012, a penalty of twenty percent of the amount of the erroneous
payment attaches to the amount of the liability to be repaid by the benefit recipient
for any payment of benefits determined to be obtained by the recipient's fraudulent
statements or actions. The first seventy-five percent of the penalty collected from the benefit recipient
shall be deposited in the state's Unemployment Trust Fund with the remaining twenty-five
percent of the penalty collected to be deposited in a special administrative account
to be used for increased integrity activities to identify and recover erroneous payments
of benefits created by fraudulent activities of benefit recipients. Penalty amounts established due to fraudulent activities of benefit recipients may
not be used to offset future benefits payable to benefit recipients.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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