Unemployment Fraud Lawyer in Orlando, Orange County, FL

An allegation of unemployment compensation fraud can have a variety of negative consequences. Fraud allegations are specifically problematic because the charge itself speaks to an individual’s honesty. An experienced unemployment compensation fraud lawyer can often negotiate a resolution that avoids any felony conviction. If you have been arrested for or are being investigated for unemployment fraud in Orange County or Seminole County, Florida, call me to discuss your options. I have defended many unemployment compensation fraud cases. Once hired, I will:

1. Collect and review all government evidence;
2. Collect & Document the correct amount of any over-payment;
3. Immediately start negotiating with your prosecutor for a dismissal or reduced charges;
4. Qualify you for a pretrial diversion program;
5. Do whatever is necessary to avoid a felony unemployment fraud conviction.

The Facts of Your Unemployment Fraud Case are Important

Unemployment Compensation Fraud cases involve a lot of documentation. It is important to understand when, how and why the over-payment occurred.  Important questions that should be answered in any unemployment compensation case are:

• What is the true amount of over-payment?
• When did the over-payment of benefits start?
• If you were questioned, were you read your Miranda rights?
• Were any of your statements illegally obtained?
• Are there other factors or motivations that show lack of intent?
• Is there a lack of evidence or a conflict in the evidence?

Unemployment Fraud as Defined in Florida Statute 443.071

Unemployment Compensation Fraud is defined as occurring when:

1. Any person who makes a false statement or representation,
2. Knowing it to be false, or knowingly fails to disclose a material fact
3. To obtain or increase any benefits or other payment, either for herself or himself or for any other person, commits a felony of the third degree.

Some examples of unemployment compensation fraud include:

1. An individual is employed but continues to collect unemployment benefits.
2. An individual is working part-time but does not report these earnings to the State of Florida.
3. An individual withholds information or gives false information to the State of Florida.

Unemployment Fraud is a Felony and Crime of Dishonesty

Unemployment compensation fraud is serious charge because it is both a felony and a crime of dishonesty which will show up in even the most basic background check. The goal in many of these cases is getting the charged dropped or avoiding a conviction so that the person accused will be eligible to seal or expunge this entire episode including the arrest itself. Filling out a Florida DCF Appointment of a designated Representative form can help give us important access to documents and information that may make getting your charges dropped easier.

Pretrial Diversion for Unemployment Compensation Fraud

Orange, Osceola and Seminole County each offer a felony diversion program for certain unemployment compensation charges. The pretrial diversion approval process varies by county. Eligibility criteria include the facts of the case, the amount of over-payment alleged and the accused’s lack of prior criminal history. Hiring a lawyer familiar with all details of the diversion approval process is essential for any unemployment fraud case in Orange, Osceola or Seminole County.

Florida Unemployment Fraud Penalties

In Florida, Unemployment Compensation Fraud is a third-degree felony punishable by five years in prison, five years of probation and a $5,000 fine. Although unemployment fraud is a serious felony there is no minimum mandatory prison time nor is there a requirement that one be adjudicated guilty of this offense. Therefore it is often possible to resolve unemployment fraud cases without being classified as a convicted felon for the rest of one’s life.

I Defend Florida Unemployment Compensation Fraud Cases

If you have been accused of unemployment fraud anywhere in the Central Florida area, contact an experienced Orlando criminal defense attorney to discuss your legal options. My Orlando criminal defense law firm offers free consultations to all prospective clients. In addition to keeping extended business hours my office is open every Saturday.  Call 407-740-7275 to speak directly with me.