§ 28-42-62.1. Fraud and abuse.
(a)(1) It shall be unlawful to do any of the following:
(i) Make or cause to be made any knowingly false or fraudulent material statement or material
representation for the purpose of obtaining or denying any benefits;
(ii) Present, or cause to be presented, any knowingly false or fraudulent written or oral
material statement in support of, or in opposition to, any claim for benefits or petition
regarding the continuation, termination, or modification of benefits;
(iii) Knowingly assist, aid and abet, solicit, or conspire with any person who engages in
an unlawful act under this section;
(iv) Willfully misrepresent or fail to disclose any material fact in order to avoid or
reduce any contribution or other payment required of an employing unit under chapters
42 — 44 of this title;
(v) Willfully fail to report or provide false or misleading information regarding ownership
changes as required by regulations promulgated by the department; or
(vi) Willfully make or require any deduction from wages to pay all, or any portion of,
the contributions required from employers, or try to induce any individual to waive
any right under chapters 42 — 44 of this title.
(2) For purposes of this section, "statement� includes, but is not limited to, the receipt
of unemployment benefits deposited to a direct deposit account or electronic payment
card, any endorsement of a benefit check, application for registration, oral or written
statement or report, proof of unemployment, or other documentation offered as proof
of, or the absence of, entitlement to benefits or the amount of benefits.
(3) If it is determined that any person concealed or knowingly failed to disclose that
which is required by law to be revealed; knowingly gave or used perjured testimony
or false evidence; knowingly made a false statement of fact; participated in the creation
or presentation of evidence that he or she knows to be false; or otherwise engaged
in conduct in violation of this section, that person shall be guilty of a misdemeanor
and subject in criminal proceedings to a fine and/or penalty not exceeding one thousand
dollars ($1,000), or double the value of the fraud, whichever is greater, or by imprisonment
up to one year in state prison, or both.
(4) Beginning October 1, 2013, whenever the director establishes that an erroneous payment
was made to an individual due to fraud committed by the individual, that individual
will be assessed a penalty equal to fifteen percent (15%) of the amount of the erroneous
payment. All penalties assessed and collected under this subsection shall be immediately
deposited into the employment security fund.
(b) The director, in consultation with the attorney general, shall establish a form to
give notice that the endorsement of a benefit check sent or the receipt of unemployment
benefits deposited to a direct deposit account or electronic payment card pursuant
to chapter 44 of this title is the endorser's affirmation that he or she is qualified
to receive benefits under the employment security act. The notice shall be sent to
all individuals who are presently receiving benefits and given to those who file claims
for benefits in the future.