§ 28-42-62.1 - Fraud and abuse.
SECTION 28-42-62.1
§ 28-42-62.1 Fraud and abuse. – (a) It shall be unlawful to do any of the following:
(A) Make or cause to be made any knowingly false orfraudulent material statement or material representation for the purpose ofobtaining or denying any benefits;
(B) Present or cause to be presented any knowingly false orfraudulent written or oral material statement in support of, or in oppositionto, any claim for benefits or petition regarding the continuation, terminationor modification of benefits;
(C) Knowingly assist, aid and abet, solicit, or conspire withany person who engages in an unlawful act under this section;
(D) Willfully misrepresent or fail to disclose any materialfact in order to avoid or reduce any contribution or other payment required ofan employing unit under chapters 42 – 44 of this title;
(E) Willfully fail to report or provide false or misleadinginformation regarding ownership changes as required by regulations promulgatedby the department.
(F) Willfully make or require any deduction from wages to payall or any portion of the contributions required from employers, or try toinduce any individual to waive any right under chapters 42-44 of this title.
(2) For purposes of this section, "statement" includes, butis not limited to, any endorsement of a benefit check, application forregistration, oral or written statement or report, proof of unemployment, orother documentation offered as proof of, or the absence of, entitlement tobenefits or the amount of benefits.
(3) If it is determined that any person concealed orknowingly failed to disclose that which is required by law to be revealed,knowingly gave or used perjured testimony or false evidence, knowingly made afalse statement of fact, participated in the creation or presentation ofevidence which he knows to be false, or otherwise engaged in conduct inviolation of this section, that person shall be guilty of a misdemeanor andsubject in criminal proceedings to a fine and/or penalty not exceeding onethousand dollars ($1,000), or double the value of the fraud, whichever isgreater, or by imprisonment up to one year in state prison, or both.
(b) The director, in consultation with the attorney general,shall establish a form to give notice that the endorsement of a benefit checksent pursuant to chapter 44 of this title is the endorser's affirmation that heor she is qualified to receive benefits under the employment security act. Thenotice shall be sent to all individuals who are presently receiving benefitsand given to those who file claims for benefits in the future.