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.
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