The Colorado Department of Labor regularly checks unemployment claims against a national database of newly employed people. Unemployment fraud happens when formerly unemployed people obtain new jobs and then continue to collect unemployment payments. On the other hand Colorado’s Department of Labor and Employment has seen an explosion in fraudulent activity as individuals struggle to meet the demands of the new reality.Īccording to a Colorado spokesperson, this fraud is investigated and prosecuted “pretty aggressively,” because ” fraud affects the integrity of the fund employers pay into, but it also affects people who have a legitimate claim.” Colorado Unemployment Benefits Fraud Is Prosecuted As Felony Theft – Computer Crime – How Unemployment Fraud Is Discovered Good people struggling to make ends meet were (and still are) compelled to accept employment paying substantially less than what they made before the so called “Wall Street bubble” burst. The devastating impact of the recession of 2008 on employment figures needs no further mention. The case makes it simple for the state to prove that element.īut what about the element of the crime that require s the intent to commit fraud? The Criminal Prosecution of Unemployment Fraud In Colorado ” Access” was met by the “opportunity or ability to enter, approach, pass to and from, or communicate with” the state’s computer system and that the ordinary meaning of ” access” is not confusing or overly technical, and is readily understandable by an ordinary person of reasonable intelligence. Rice, the Colorado Court of Appeals found that evidence that Rice used the CLUBLine computer system over the telephone to obtain her biweekly unemployment benefits met the definition of “accessing” a computer system to commit the theft. The Computer Crime charge arises out of the allegation that the theft is committed through the use of a computer for the purpose of obtaining money from the Department. The Crime of Theft in Colorado requires that an accused intend to permanently deprive the Colorado Department of Labor money. The Most Likely Charges – Felony Theft 18-4-401 and Computer Crime 18-5.5-102 If you lie – you have most likely committed Unemployment Insurance Fraud In Colorado. The answers to the questions about your current employment situation are documented by the computer system. Over a period of months if not years, the person collecting benefits typically makes biweekly claims for unemployment benefits, each time using the Department Of Labor’s computer system. Register for work and view their work-search information Use Of The Computerized System Whether Online Or By Telephone Meets The Definition of Computer Crime In Colorado View their balances, payment information, and historyĬheck their current claim status and information This tool permits the applicant to use and online system to: To obtain the benefits you must use what was once called the online system called the CUBLine which is an interactive computer system with which unemployment claimants communicate over the telephone.Īs of 2013 – the date of this article the new system is called MyUI. The Typical Scenario – Colorado Unemployment Benefits FraudĪ defendant files for unemployment compensation under the law and guidelines set out by theĬolorado Department of Labor and Employment. This may assist you in the decision to hire a lawyer or to represent yourself. This article addresses what you need to know about the kind of trouble you can expect. If you ignore “the call” from an investigator from the Colorado unemployment benefits fraud section – you do so at your own peril. Investigations by the Colorado Department of Labor can begin by a simple request that you repay payments that were made in error. Colorado Unemployment Benefits Fraud Is Prosecuted As Felony Theft – Computer CrimeĬolorado Unemployment Benefits Fraud Is Prosecuted As Felony Theft – Computer Crime – Fraud requires an intent and a specific knowledge that you are committing a crime.
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