"No Intent" Defense to Unemployment Fraud Prevails - Hillsborough County, FL: Case Dismissed!
While attempting to board a flight in Atlanta, a former Hillsborough County resident became aware that a warrant had been issued for his arrest. He was surprised to discover that a past mistake had caught up with him and he was now facing criminal charges. Over a decade earlier he had been employed with a surveying company in Tampa. He was laid off from the company and was approved to collect unemployment compensation from the State of Florida. The man was unaware of the fact that his part time cleaning job actually disqualified him for unemployment. Unable to secure work in the Tampa area, he moved to another state.
The Labor Department conducted a fraud investigation and brought a charge of Unemployment Compensation Fraud, under Fla. Statute 443.071(1), against the defendant. According to their records he had fraudulently collected unemployment for 6 months; this resulted in a warrant for his arrest being issued in Hillsborough County.
Unemployment Compensation Fraud is defined as, "any false statement or failure to disclose material fact, knowingly made for the purpose of obtaining or preventing payment of benefits contrary to the provisions of the Unemployment Compensation law." The responsibility to establish intent in determining a claim to be fraudulent is up to a Benefits Payment Control associate. Intent is important in referring a case for prosecution. Being found guilty of Unemployment Compensation Fraud is a 3rd degree felony and can result in jail time.
Realizing the serious consequences of the criminal charges he was facing, the defendant retained the services of Tampa criminal defense lawyers at Musca Law. Our knowledgeable legal team has over 100 years of combined experience and provides our clients with comprehensive legal services. The defendant had the peace of mind knowing that skilled local attorneys would be providing his defense. We used diligent efforts in negotiating with the State Prosecutor, focusing on whether our client had intent to commit fraud against the State. Our defense strategy prevailed and the State dismissed the case against our client!
