Should I Turn Myself in for Unemployment Insurance Overpayments

My question involves unemployment benefits for the state of: New York

I collected about 8-10 weeks while out of the country over almost two years. I got caught for one week and paid fines. They asked me about two other times and I lied and got out of it. I finished collecting last October.

The reason I want to turn myself in is a former business associate that I am suing is going to report me to the New York Dept of Labor. I figured if I report myself maybe I could make a deal.

Advice?

I believe honesty is the best policy, but that doesn't mean you should be stupid.

Reporting it is one thing. Can he PROVE it? Or, if the state conducted an investigation, would it be proven?

If it was extended or emergency UC authorized by Congress, then you might be opening a bigger can of worms.

How long ago was it? Perhaps the statute of limitations is up.

You can argue that it is unfounded retaliation for the civil action.

You really should talk to a UC specialized attorney.

Quote:

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Quoting Conrad Hunter

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I believe honesty is the best policy, but that doesn't mean you should be stupid.

Reporting it is one thing. Can he PROVE it? Or, if the state conducted an investigation, would it be proven?

If it was extended or emergency UC authorized by Congress, then you might be opening a bigger can of worms.

How long ago was it? Perhaps the statute of limitations is up.

You can argue that it is unfounded retaliation for the civil action.

You really should talk to a UC specialized attorney.

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Over the period of unemployment insurance (extended as well) I was out of the country for 116 days. I got caught for 7 days and paid it back plus fines, but that was while I was still collecting.

He has my airline itineraries for all the dates. I guess that's proof.

Some were 2 years ago, most are over a year ago, but there are 47 days that I was out of the country last summer.

How do you mean "unfounded retaliation"? He's not making it part of the case. He's just going to do it to be spiteful if I use certain info against him in court. That's what his lawyer threatened.

Don't know about your state, but in Florida threatening criminal charges in relation to prosecuting or settling a civil action is a criminal offense. An attorney can also be disbarred for it. Of course proving that it happened is another matter.

I don't know enough UC law and certainly not New York UC law. You really do need a local attorney. If you want to confess, it is also best to have an attorney go and work out a deal first.

You could be out of the country and still apply for the two jobs a week that are required by email and the like.

I suppose the real question is how important the information is you want to use against the former partner, how important the case is, if it goes to the central legal proof of the case, and the amount of money involved.

It's only blackmail/extortion if the other party tries to gain some benefit in exchange for not reporting the criminal activity.
Being spiteful or retaliation for something else you did isn't illegal. Even if he were blackmailing you, that would just be bad for him. It would MEAN nothing when they haul you in for your repeated fraud. The fact that you lied in the course of resolving the earlier investigation is not going to bode well for you this time. You need to be talking with YOUR lawyer (or perhaps one more versed in criminal matters as opposed to the one you're using for your civil case) about what the best way to resolve this the the DOL.

First, the NY law which you admit you know nothing about allows certain out of state people to collect NY benefits it is absolutely barred to collect benefits when not in the United States.

Telling him to lie and invent some story about him being available and looking for work while out of the country isn't going to help either. NY law requires you to be capable and work ready collecting benefits, not traveling. It's more than just doing cursory "looking" for a job. They expect you to be able to start tomorrow if you get one offered. If you're not in such a position because of travel, child care, illness or disability, school work, you will be deemed not "ready for work" and not eligible. Further the fact that you made a false statement in response to the investigation of your eligibility is itself a VIOLATION even if you were eligible. It's a CRIME if you obtained benefits through the lies.


The only reasonable thing Conrad said was that you "need an attorney."

Thank you all for your responses.

I called the NYSDOL fraud line from a blocked phone and said that I was calling for a friend.

They told me that though every case is different that normally they would assess 2 penalty weeks for every week that I wasn't meant to claim. Meaning if I were to claim again and I owed 15 weeks previously I would be penalized 30 weeks. The penalty weeks expire after two years.

They also said that jail time is uncommon under $10,000. I owe $6,307.

I will contact a lawyer, but any other advice/knowledge is welcome.