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
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
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
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.