If I want to report someone for collecting their son’s unemployment while he is in jail, what would be the penalty?

Is it identity fraud since they have been forging his signature?

Asked on November 26, 2011 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It could be identify fraud, for the reason you indicate. It is also fraud on the unemployment office. And it is very likely tax fraud as well, since it is unlikely that he is correctly reporting taxes from income which he is not entitled to. The exact extent of the penalties will vary by state, but should at a minimum include having to repay the money, with penalties and interest; it may include having to pay unpaid taxes, with penalties and interest; and jail time is not out of the question, though is perhaps not likely if restitution is made.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.