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I committed unemployment insurance fraud in New York State while still working. How do i rectify?

New York, NY |

I was hoping to cancel the disbursement before it was released but was to late and now I was wondering if i could repay the claim and make sure charges aren't brought up.

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Attorney answers 5


I believe that based upon your situation you need to hire an attorney as soon as possible. I would not try to rectify this yourself. Good Luck.

Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 Additional Offices in Massapequa, NY, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.


I suggest you contact a criminal defense attorney and not do anything until after the attorney has had an opportunity to review all of the facts and circumstances. S/he would then be able to advise and guide you.


If you haven't cashed the check, don't and return it. If you have cashed the check, meet with a criminal defense attorney and obtain a formal opinion. I don't do criminal law, but I think I would opt for sending them a money order back, stating that you received a check by mistake. A single mistake would be hard to prosecute.


You will avoid substantial legal expenses and the possibility of criminal penalties if you contact unemployment before they contact you. They cross check with your social security number and eventually bring criminal charges if you have worked and collected for the same weeks.


You need to understand that anything you post in a public forum such as this is neither privileged or confidential and could be used against you. Similarly, any statements you make dealing with investigators may come back to haunt you should the DA decide to prosecute. Having an attorney even in the investigatory stage can insulate you and protect your 5th Amendment rights.

Richard Southard
I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website

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