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The California Employment Development Department (EDD) sees a fair amount of fraud during the application process. It could be as simple as forging a signature or as complicated as assuming another person’s identity entirely. What are the penalties for defrauding the EDD in LA?
Committing unemployment insurance fraud against the EDD in California carries several penalties. Pursuant to the California Penal Code §550(c), penalties could include:
- A fine of up to $50,000 or double the amount of the fraud, whichever is greater
- Imprisonment of 2 to 5 years
- Or, both fine and imprisonment
- Restitution of a court determined amount to be repaid to the defrauded party
In addition, you could face potential charges for:
- Theft (Petty or Grand)
- Forgery and Counterfeiting charges
- Perjury charges
- Conspiracy charges, if such a conspiracy existed
Insurance fraud, especially against a government department such as the EDD, carries heavy penalties and high fines. We will discuss the potential charges and penalties in more detail below.
However, if you are currently facing any sort of charge for EDD fraud, contact us immediately at 323-655-6500 to discuss the details of your case for free. William Kroger has decades of experience as an EDD lawyer in Los Angeles, and he along with the rest of our legal team here has a proven track record for successful defenses. The sooner you get in touch, the sooner we can begin preparing your defense.
Insurance Fraud Penalties in LA
The primary charge associated for committing fraud against the EDD is found in PC 550 of the California Penal Code. It deals with crimes committed against insurers and insured property.
§550(c)(3) of the California Penal Code outlines the penalties for defrauding insurers as:
- A fine of up to $50,000 or double the amount of the fraud, whichever is greater
- Imprisonment of 2 to 5 years
- Or, both fine and imprisonment
- Restitution of a court determined amount to be repaid to the defrauded party
What Constitutes Fraud Against the EDD?
§2101(a) of the California UIC (Unemployment Insurance Code) outlines what exactly constitutes fraud against unemployment insurance. It lists a plethora of different actions which constitute fraud, including but not limited to:
- Using a false name, SSN, or other false identification
- Failing to knowingly disclose relevant information
- Failure to make any contributions which are due
- Falsely reporting wages
- Falsely identifying fictitious employers
This is just a sample of the actions determined to be fraudulent. You can read the full list here.
Additional Penalties
While the penalties directly relating to insurance fraud are heavy, there is the potential to face even further charges for fraud against the EDD, depending on the nature, amount, and prosecution’s decision.
Potential additional charges include:
- Theft: Petty or Grand, depending on amount (see PEN §487)
- Forgery/Counterfeiting: Applicable if either was committed during the fraud (see PEN §470)
- Perjury: Applicable if you provided false information under oath of truth during the fraud (see PEN §118)
- Conspiracy: Applicable if the fraud involved the united effort of two or more people and you were involved directly in such a conspiracy (see PEN §182)
Each of these charges in turn carries their own range of penalties. It is highly likely that you may face multiple charges for fraud against the EDD, as unemployment insurance fraud is often prosecuted heavily.
EDD Fraud: How We Can Help Defend You
Charges for committing fraud against the EDD can carry heavy penalties in California. We understand that the penalties for such charges could have an immense impact on your quality of life.
William Kroger has decades of past experience as an EDD attorney in Los Angeles and a proven track record for having charges reduced or dismissed entirely. He, along with the rest of our trusted legal team here, are your best option for a successful defense.
If you are currently facing charges related to unemployment insurance fraud, against the EDD or otherwise, we urge you to contact us immediately for a free consultation to discuss your case. The sooner you get in touch, to sooner we can begin preparing a successful defense. Contact us right here online or at 323-655-5700 as soon as possible.
