Q: What happens when somebody spends somebody else's unemployment benefits that where obtained fraudulently?
Let's say a Person A files for unemployment benefits but doesn't have an address so he has them sent to Person B's address. Well then when the unemployment benefits arrive in the form of a debit card to Person B's address, Person B decides to go ahead and activate the card and spend all of the money on it. When Person A finds out he is furious and reports this to the unemployment department who says they are going to investigate this matter. Here's the tricky part, Person A should have never received those benefits in the first place. He did so fraudulently by fabricating the answers on his application for unemployment. The truth is Person A has never worked a day in his life and he was just scamming the unemployment department. So my question is what would happen here? Who could be charged with a crime? And how could Person A prove that it was Person B who spent the money? Couldn't Person B just as easily deny those allegations and say that it was in fact Person A who spent it?
A:
It is against the law for an attorney to counsel someone on how to evade the law or commit a crime. Perjury is a crime as is subornation of perjury. In your scenario, A has committed a crime by falsely applying for benefits, but if he never worked then he did not amass the required quarters of reported income to be entitled to UI benefits, in the first place. B has committed a crime by spending money from the debit card that did not belong to him. This is theft. If B denies the charge and says A spent it they can pull the records of where the money was spent.
Justia disclaimers below, incorporated herein.
A: It sounds to me like both A and B have committed a crime. A committed government benefit fraud and B committed theft. Both should consider not posting anything further about this on the internet and to get criminal defense counsel.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
