Lexington Unemployment Fraud Defense Attorney

Have you been charged with unemployment fraud?

The first thing you need to do after you’ve been arrested for unemployment insurance fraud, is to call a Cooley, Iuliano, Robey PLLC fraud attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.

Our skilled unemployment fraud defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their unemployment fraud (or unemployment benefits fraud, or unemployment insurance fraud charge) case against you. Our unemployment fraud law firm and unemployment insurance fraud attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.

What is unemployment insurance fraud or unemployment benefits fraud?

Unemployment insurance (known also as unemployment benefits, unemployment compensation) is the government program that provides temporary income relief to those recently unemployed. It is a type of insurance in case a worker is left without a job for a period of time. Former employees must apply to the program, as it is not automatically given after losing one’s employment. Workers who quit their jobs voluntarily are not eligible.

Unemployment compensation fraud, also known as unemployment insurance or unemployment benefits fraud is usually prosecuted by the states, although it is also a federal crime under penal code 18 U.S.C. § 1341. It’s a crime that can be committed by both an employer and a claimant of unemployment insurance benefits. An employer can be accused of giving a false statement about a lower wage than the actual, or a claimant can be accused of collecting full benefits when they’re not eligible or reporting a false wage as well.

Kentucky also has laws against insurance fraud, including workers compensation. KRS Section 304.47-020 punishes those that present any written or oral statement in support of a claim of payment, knowing that claim is false, incomplete or misleading. It also punishes giving or helping to give misleading information concerning anything about the application of insurance compensation. For example, claiming to have suffered an injury through their employment in order to obtain workers compensation, when in reality, this was a lie.

If you are being accused of an unemployment fraud crime, finding experienced professionals like Lexington KY criminal defense attorney or an unemployment fraud lawyer immediately after your arrest is where you should start in taking control of your future.

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Unemployment Fraud Charge in Kentucky

White collar crimes in Kentucky are non-violent offenses that involve fiscal matters such as fraud, money laundering, tax evasion, insider trading, identity theft and others, normally carried out by people in business or government. Being accused of a white collar crime is enough to ruin your reputation and your livelihood, which is why you would want a white collar crime lawyer or unemployment fraud lawyer as soon as you’re accused. It’s also good advice to hire unemployment fraud lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on.

Obtaining the services of a UI defense attorney Lexington against unemployment insurance charges is the first thing you need to do. CIR Legal’s seasoned UI attorneys can help you with an unemployment insurance charge and help you determine what you’re up against.

KRS Section 304.47-020 - Fraudulent insurance acts - Penalties - Compensatory damages - Application of section

(1) For the purposes of this subtitle, a person or entity commits a “fraudulent insurance act” if he or she engages in any of the following, including but not limited to matters relating to workers’ compensation:

(a) Knowingly and with intent to defraud or deceive presents, causes to be presented, or prepares with knowledge or belief that it will be presented to an insurer, Kentucky Claims Commission, Special Fund, or any agent thereof:

1. 1. Any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy or from a “self-insurer” as defined by KRS Chapter 342, knowing that the statement contains any false, incomplete, or misleading information concerning any fact or thing material to a claim; or
  2. Any statement as part of, or in support of, an application for an insurance policy, for renewal, reinstatement, or replacement of insurance, or in support of an application to a lender for money to pay a premium, knowing that the statement contains any false, incomplete, or misleading information concerning any fact or thing material to the application;

(b) Knowingly and willfully transacts any contract, agreement, or instrument which violates this title;

1. 1. Receives money for the purpose of purchasing insurance, and fails to obtain insurance;
  2. Fails to make payment or disposition of money or voucher as defined in KRS 304.17A-750, as required by agreement or legal obligation, that comes into his or her possession while acting as a licensee under this chapter;
  3. Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, or to the commissioner, any statement, knowing that the statement contains any false, incomplete, or misleading information concerning any material fact or thing, as part of, or in support of one (1) or more of the following:
  4. The rating of an insurance policy;
  5. The financial condition of an insurer;
  6. The formation, acquisition, merger, reconsolidation, dissolution, or withdrawal from one (1) or more lines of insurance in all or part of this Commonwealth by an insurer; or
  7. A document filed with the commissioner; or
  8. Engages in any of the following:
  9. Solicitation or acceptance of new or renewal insurance risks on behalf of an insolvent insurer; or
  10. Removal, concealment, alteration, tampering, or destruction of money, records, or any other property or assets of an insurer;

(d) Issues or knowingly presents fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, insurance binders, or any other documents that purport to evidence insurance;

(e) Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer;

(f) Engages in unauthorized insurance, as set forth in KRS 304.11-030; or

(g) Assists, abets, solicits, or conspires with another to commit a fraudulent insurance act in violation of this subtitle.

(2) A person convicted of a violation of subsection (1) of this section shall be guilty of a Class A misdemeanor, unless the aggregate of the claim, benefit, or money referred to in subsection (1) of this section is :

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony ;

(b) Ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000), in which case it is a Class C felony ; or

(3) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall be guilty of engaging in organized crime, a Class B felony, if he or she engages in any of the activities set forth in KRS 506.120(1).

(4) A person convicted of a crime established in this section shall be punished by:

(a) Imprisonment for a term:

1. 1. Not to exceed the period set forth in KRS 532.090 if the crime is a Class A misdemeanor; or
  2. Within the periods set forth in KRS 532.060 if the crime is a Class D, C, or B felony ;

(b) A fine, per occurrence, of:

1. 1. For a misdemeanor, not more than one thousand dollars ($1,000) per individual nor five thousand dollars ($5,000) per corporation or twice the amount of gain received as a result of the violation, whichever is greater; or
  2. For a felony, not more than ten thousand dollars ($10,000) per individual nor one hundred thousand dollars ($100,000) per corporation, or twice the amount of gain received as a result of the violation; whichever is greater; or

(5) In addition to imprisonment, the assessment of a fine, or both, a person convicted of a crime established in this section may be ordered to make restitution to any victim who suffered a monetary loss due to any actions by that person which resulted in the adjudication of guilt, and to the division for the cost of any investigation. The amount of restitution shall equal the monetary value of the actual loss or twice the amount of gain received as a result of the violation, whichever is greater.

(6) Any person damaged as a result of a violation of any provision of this section shall have a cause of action to recover compensatory damages, plus all reasonable investigation and litigation expenses, including attorneys’ fees, at the trial and appellate courts.

(7) The provisions of this section shall also apply to any agent, unauthorized insurer or its agents or representatives, or surplus lines carrier who, with intent, injures, defrauds, or deceives any claimant with regard to any claim. The claimant shall have the right to recover the damages provided in subsection (6) of this section.

If you or someone you care about has been charged with an unemployment insurance fraud charge (or unemployment benefits fraud charge, or unemployment compensation fraud charge) in Kentucky, contact our reputable criminal defense lawyers or unemployment insurance fraud lawyers as soon as possible by calling 859-636-6803.

Penalties in Unemployment Insurance Fraud Cases

Penalties for white collar crimes could range from very expensive fines to long prison sentences. Even if the most common punishment is time in minimum-security prisons, there’s no reason it can be something even harsher, especially if substantial amounts of money are involved. White collar crimes like tax fraud, credit card fraud, insider trading and fraud against the government are harshly punished and sometimes even handed over to federal prosecutors. For unemployment fraud charge (or unemployment benefits fraud charge, or unemployment insurance fraud charge) specifically, it is punishable by a Class D felony

Take unemployment insurance fraud offenses (or unemployment benefits fraud offenses or unemployment insurance fraud offenses) and allegations seriously and get professional legal representation in an expert local unemployment fraud lawyer as soon as possible to see to your case. A competent unemployment insurance fraud defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.

Felony

A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. In general, the imprisonment terms for each class of this offense are;

Class A – 20 to 50 years, or even life imprisonment,
Class B – 10 to 20 years,
Class C – 5 to 10 years, and
Class D – 1 year to 5 years

All serious crimes, except murders (they have their own punishments), are classified as felonies.

It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, it is advised for you to share this information with your unemployment insurance fraud defense lawyer at the earliest.

A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).

It’s difficult facing offenses as serious as this alone, especially since these have long-lasting consequences on a person’s life once convicted. Which is why hiring expert unemployment fraud defense attorneys with adept insights and resources are essential. It’s also good advice to hire unemployment fraud lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced unemployment fraud attorneys will know what to expect including with the best way to protect your rights, or avoid a conviction altogether.

Federal

In the United States, more than other crimes, white collar offenses are usually prosecuted by federal authorities. The FBI is responsible for processing those accused of federal white collar crimes. Federal white collar charges result when they transpire on or against federal property and institutions, but they are mostly a federal offense because they normally involve financial institutions and businesses across several states. People in business or government are the vast majority of those arrested for white collar crimes. These are not victimless crimes.There can be billions of dollars at stake, along with the livelihoods of thousands of people. The penalties for white collar crimes can range from a simple fine to jail time of a few years. The punishment will depend on the extent of the money involved, people affected, and even the social implications of your crime. You will immediately need a federal unemployment fraud lawyer if you are facing unemployment insurance fraud charges (or unemployment benefits fraud charges, or unemployment insurance fraud charges) in Kentucky or anywhere else.

You need an experienced criminal defense lawyer that specializes in unemployment fraud defense

All of our criminal unemployment fraud attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of unemployment fraud charges and unemployment fraud defenses or other practice areas. We value the best interest of every client, above all, and with our insights about law, we can create new defense opportunities in your case, no matter how minor. When it comes to unemployment fraud crimes, you need unemployment fraud attorneys who will fight for your constitutional rights, and start by doing an evaluation of every evidence and detail of your case, no matter how inconsequential they may be. We will then create the best defenses in your trial and strive to avoid the harshest sentence or any penalties at all.

Free Consultation & Case Review from our experienced unemployment fraud lawyers

At CIR Legal, our fraud attorney’s unemployment fraud defense services include offering free consultation and case review to potential clients or otherwise. Our unemployment fraud attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation be it pm or am.

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Our Promise To You

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Our promise to you is based on a simple principle – focus on your goals and achieve exceptional results. You have trusted us to represent your interests in one of the most important events in your life, and we will not let you down.

We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.

We promise to always advocate for you and your interests. No matter what issue you’re facing – you’ll always have a team of attorneys in your corner ready to fight for you.

Unemployment Fraud Defense Lawyer Lexington KY