What to do if I just found out that my brother did a fraudulent claim for unemployment under my name and now caused a fraud investigator to call me?

UPDATED: Mar 14, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 14, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I just found out that my brother did a fraudulent claim for unemployment under my name and now caused a fraud investigator to call me?

She told me what had happened and talked to my brother and he agreed to transfer the balance that he took from my unemployment to his name meaning he is gonna pay for it , the fraud investigator said she transferred the balance to his name and for him to pay it. She has me if I wanted to press charges and I said no. Now I find out from someone else that it’s not up to me if I want to press charges or not, it’s up to the prosecutor and courts. Does anyone know if that’s true? I don’t want him to go to prison, since he is paying it back. What do you guys think can happen?

Asked on March 14, 2015 under Criminal Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

That's correct--it's not up to you, it's up to the authorities (e.g. the prosecutor) do decide whether not to press charges. That's because the state (the authorities) are the party in interest in a criminal case, and they press charges to punish someone for breaking the law. Unlike in a civil case (a lawsuit), where the injured person (the plaintiff) is in charge of the case and can decide whether or not to bring it, in order to try to get his/her money back or other compensation, in a criminal case, the injured or defrauded or identify-stolen person is just a witness (the complaining witness) the crime. That said, the authorities will often respect the complaining witnesses wishes, especially because it can be difficult to prosecute with an uncooperative or reluctant witness--but they are not required to do what you want. You can ask them to not proscute, but they make the final decision.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption