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Dallas, TX 75248
Unemployment Insurance Fraud
In the state of Texas, unemployment benefits are administered by the Texas Workforce Commission (TWC). These benefits are provided to “workers who become unemployed through no fault of their own and are actively seeking work.”
Applicants are expected to be honest not only in completing all forms when seeking these benefits but also regarding work statuses when they find new jobs. The TWC regularly reviews benefit claims, employer wage reports, and other databases in its effort to uncover possible fraud and the agency prosecutes alleged offenders when potential benefit fraud is discovered.
Dallas Unemployment Insurance Fraud Lawyer
If you have been notified by the TWC that you were overpaid benefits or you are suspected of unemployment benefits fraud, you will want to be sure to have legal representation before making any statements to the agency. The Law Offices of Richard C. McConathy aggressively defends clients facing these types of accusations in Dallas County, Tarrant County, Collin County, Denton County, and many surrounding areas of North Texas.
Our Fort Worth unemployment insurance fraud attorneys have more than a quarter-century of combined legal experience fighting for people in such communities as North Richland Hills, Irving, Flower Mound, Denton, McKinney, Plano, Highland Park, Richardson, and the Hurst-Euless-Bedford area. You can have our firm evaluate your case when you call (972) 233-5700 to schedule a free, confidential consultation.
Texas Unemployment Insurance Fraud Overview
- How might a person be charged with this crime?
- What are the possible consequences if an alleged offender is convicted?
- Are there any ways to achieve favorable outcomes to these types of cases?
The TWC works with local and federal agencies as well as district attorney offices to prosecute alleged offenders who are accused of unemployment benefits fraud. Some of the reasons why people are accused of these crimes include:
- Alleged offender did not accurately report his or her gross earnings
- Alleged offender did not report a job separation that occurred while he or she was receiving benefits
- Alleged offender failed to respond truthfully and fully to all TWC inquiries
- Alleged offender provided false information to TWC
- Alleged offender request benefits payment while incarcerated
- Alleged offender started working but did not accurately report work and work hours
- Alleged offender used another person’s identity to apply for benefits
- Alleged offender withheld relevant information from TWC
State charges are generally prosecuted as theft offenses. This means that the specific classification of the crime will depend on the unlawful amount that was allegedly obtained:
- Class C Misdemeanor — Less than $50
- Class B Misdemeanor — $50 or more but less than $500
- Class A Misdemeanor — $500 or more but less than $1,500
- State Jail Felony — $1,500 or more but less than $20,000
- Third-Degree Felony — $20,000 or more but less than $100,000
- Second-Degree Felony — $100,000 or more but less than $200,000
- First-Degree Felony — $200,000 or more
If an alleged offender is convicted of unemployment benefits fraud in Texas, he or she will generally be ordered to pay restitution. This is usually the total amount of all benefits to which he or she was not entitled plus a 15 percent penalty.
In addition to losing all remaining benefits on his or her claim, the alleged offender can also face community service hours as well as one of the following possible sentences, depending on the classification of the crime:
- Class C Misdemeanor — Fine of up to $500
- Class B Misdemeanor — Fine of up to $2,000 and/or up to 180 days in jail
- Class A Misdemeanor —Fine of up to $4,000 and/or up to one year in jail
- State Jail Felony — Fine of up to $10,000 and/or up to two years in jail
- Third-Degree Felony — Fine of up to $10,000 and/or up to five years in prison
- Second-Degree Felony — Fine of up to $10,000 and/or up to 20 years in prison
- First-Degree Felony — Fine of up to $10,000 and/or up to 99 years or life in prison
When the TWC seeks reimbursement of unemployment benefits, a lawyer may be able to help you negotiate an alternative resolution. In some cases, alleged offenders may be able to prove they were not guilty of any wrongdoing through certain defenses such as:
- Identity Theft — It may be possible that another person requested benefits using the alleged offender’s personal information. While the TWC states that a person’s Tele-Serv PIN and UBS password have the same legal authority as his or her signature on a paper document and he or she is responsible for any payment request made with his or her PIN or password, an alleged offender may be able to prove that he or she had his computer hacked or personal information stolen by a third party.
- No Criminal Intent — An alleged offender may have inadvertently provided incorrect information to TWC or misstated certain hours or income.
- Lack of Evidence — An alleged offender cannot be convicted of a crime if his or her guilt is not proven beyond a reasonable doubt with clear and convincing evidence that he or she engaged in unemployment benefits fraud.
Find an Unemployment Insurance Fraud Lawyer in Dallas Fort Worth TX
Has the TWC contact you about allegedly committing unemployment insurance fraud? You should not waste any time in contacting legal counsel.
The Law Offices of Richard C. McConathy represents clients all over North Texas, including Mesquite, Grand Prairie, Mansfield, University Park, Arlington, Southlake, Allen, Frisco, Lewisville, Carrollton, and many others. Call (972) 233-5700 right now to have our Dallas unemployment insurance fraud attorneys review your case during a free legal consultation.