Unemployment Insurance Fraud Defense Attorney

What Is Unemployment Insurance Fraud?

Under Arizona Revised Statutes § 23-785, unemployment insurance fraud (or unemployment compensation fraud, or Department of Economic Security (DES) fraud) is defined as:

Any person who knowingly makes a false statement or representation believing it to be false or who knowingly fails to disclose a material fact in order to obtain or increase a benefit or other payment under this chapter either for himself or for another person, or under an employment security law of another state, the federal government or a foreign government, is guilty of a class 6 felony. Each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.

When Can I Be Charged With Unemployment Insurance Fraud?

Typically, you are charged with unemployment insurance fraud after failing to advise the Department of Economic Security (DES) that you have secured new employment after obtaining unemployment benefits. Sometimes this is a simple, innocent mistake and other times it is intentional.

Receiving a Summons and Complaint for Your Unemployment Fraud Case

Receiving a Summons and Complaint for an unemployment fraud case can be very overwhelming. In most cases, an individual will be charged with multiple counts of false statements (A.R.S. § 23-785) and will also be charged with additional counts of theft (A.R.S. § 13-1802) or fraud schemes and practices (A.R.S. § 13-2311).

Arizona prosecutes false statement actions as Class 6 felonies, fraud schemes and practices as Class 5 felonies. The Class of felony for potential theft charges will depend on the amount of the unemployment benefits that were paid. DES will seek full restitution from individuals who have been charged with unemployment fraud.

Penalties for Unemployment Insurance Fraud

Unemployment insurance fraud charges are serious and can be overwhelming when facing them alone. It is important to seek the advice of an experienced fraud defense attorney who deals with these specific types cases on a regular basis.

Penalties for unemployment insurance fraud are as follows. As stated before, unemployment fraud is charged as a Class 6 felony. A violation of A.R.S. 23-785 is punishable by a maximum penalty of:

  • Two years in prison
  • Three years of supervised probation
  • Fine of $150,000

Defending Unemployment Insurance Fraud in Court

Our strong representation in unemployment insurance fraud has resulted in the defendant serving no time in prison or jail, and in some cases, our defense strategies have resulted in dismissals or in a misdemeanor conviction.

Naegle & Crider Criminal Defense Attorneys will fight aggressively for those charged with unemployment insurance fraud. Depending on the facts of the case it is possible to obtain a dismissal or a significant reduction of the charges that does not require jail or prison time.

Contact an Experienced Attorney Who Knows How to Fight Unemployment Fraud

If you or someone you know has been charged with unemployment compensation fraud in Arizona, contact an experienced criminal defense attorney for a free consultation. The attorneys at Naegle & Crider Criminal Defense Attorneys have the knowledge and experience to assist you with your unemployment compensation fraud case, fighting to defend you in Arizona courts. Call 480-378-9000 to speak with an attorney today.