After finding a new job I continued to collect unemployment as if I was not working. The new Job was a signifigant decrease in my pay and I needed the money. I am now being investigated for the overpayment. I am willing to pay restitution, in payments, but don't want to get arrested or go to jail. What should I do.I am estimating the amount I was overpaid at $16,000. Does this increase the chance of them wanting to file charges?
Offer to work out a repayment plan on terms you can realistically adhere to. Do not admit to committing fraud, or guilt of any kind, this should be viewed merely as a civil compromise. If you are asked to sign anything you do not understand, consult with an attorney before you sign anything.
While the matter can certainly be referred to the District Attorney for criminal prosecution, most of the time the EDD is merely concerned about getting repaid. If you agree to such a payment plan, you will reduce the chances of a criminal charge. But if you are threatened with criminal prosecution, retain a criminal defense attorney immediately.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
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