If Ipay back an unemployment overpayment, can I still go to jail?

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If Ipay back an unemployment overpayment, can I still go to jail?

I was out of work and went on unemployment. Due to being backed up in bills I remianed on unempoyment after getting a job.

Asked on May 31, 2011 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is up to the Texas Workforce Commission if they wish to file a civil suit against you for the matter. A civil suit to recoup the funds is the only type of suit that is within their direct control. Technically you have defrauded the system and they can ask that the District Attorney's office or Prosecutor's office about the matter.  It would be in their discretion to charge you with the crime.  How much you stole would dictate the charge and the sentence associated with it.  I think that it may be a good idea for you to consult with an attorney and have someone facilitate the matter for you with the TWC as to repayment and a promise not to prosecute.  These are hard times for all.  Good luck.


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