TITLE 28
Labor and Labor Relations
CHAPTER 28-42
Employment Security General Provisions
SECTION 28-42-62.1
§ 28-42-62.1 Fraud and abuse.
(a)(1) It shall be unlawful to do any of the following:
(A) Make or cause to be made any knowingly false or
fraudulent material statement or material representation for the purpose of
obtaining or denying any benefits;
(B) Present, or cause to be presented, any knowingly false or
fraudulent written or oral material statement in support of, or in opposition
to, any claim for benefits or petition regarding the continuation, termination,
or modification of benefits;
(C) Knowingly assist, aid and abet, solicit, or conspire with
any person who engages in an unlawful act under this section;
(D) Willfully misrepresent or fail to disclose any material
fact in order to avoid or reduce any contribution or other payment required of
an employing unit under chapters 42 44 of this title;
(E) Willfully fail to report or provide false or misleading
information regarding ownership changes as required by regulations promulgated
by the department.
(F) Willfully make or require any deduction from wages to pay
all, or any portion of, the contributions required from employers, or try to
induce any individual to waive any right under chapters 42-44 of this title.
(2) For purposes of this section, "statement" includes, but
is not limited to, the receipt of unemployment benefits deposited to a direct
deposit account or electronic payment card, any endorsement of a benefit check,
application for registration, oral or written statement or report, proof of
unemployment, or other documentation offered as proof of, or the absence of,
entitlement to benefits or the amount of benefits.
(3) If it is determined that any person concealed or
knowingly failed to disclose that which is required by law to be revealed;
knowingly gave or used perjured testimony or false evidence; knowingly made a
false statement of fact; participated in the creation or presentation of
evidence which he knows to be false; or otherwise engaged in conduct in
violation of this section, that person shall be guilty of a misdemeanor and
subject in criminal proceedings to a fine and/or penalty not exceeding one
thousand dollars ($1,000), or double the value of the fraud, whichever is
greater, or by imprisonment up to one year in state prison, or both.
(4) Beginning October 1, 2013, whenever the director
establishes that an erroneous payment was made to an individual due to fraud
committed by the individual, that individual will be assessed a penalty equal
to fifteen percent (15%) of the amount of the erroneous payment. All penalties
assessed and collected under this subsection shall be immediately deposited
into the employment security fund.
(b) The director, in consultation with the attorney general,
shall establish a form to give notice that the endorsement of a benefit check
sent or the receipt of unemployment benefits deposited to a direct deposit
account or electronic payment card pursuant to chapter 44 of this title is the
endorser's affirmation that he or she is qualified to receive benefits under
the employment security act. The notice shall be sent to all individuals who
are presently receiving benefits and given to those who file claims for
benefits in the future.
History of Section.
(P.L. 1995, ch. 158, § 2; P.L. 2013, ch. 120, § 1; P.L. 2013, ch.
130, § 1; P.L. 2015, ch. 101, § 1; P.L. 2015, ch. 113, §
1.)
