Title 34, Chapter 8, Section 256
( 34-8-256)
(a) Any person who knowingly makes a false representation or
knowingly fails to disclose a material fact to obtain or increase
any benefit or payment under this chapter or under an employment
insurance act of any other state or government, either for himself
or herself or for any other person, whether such benefit or payment
is actually received or not, shall upon conviction be guilty of a
misdemeanor. Each such act shall constitute a separate offense.
However, if a false representation or failure to disclose a material
fact occurs with respect to more than one claim, which claim was
made in more than one benefit year, or if the benefits received
under this chapter which were the subject of a false representation
or failure to disclose a material fact exceed $4,000.00, any such
person shall upon conviction be guilty of a felony and shall be
punished by imprisonment for not less than one nor more than five
years or fined not less than $1,000.00 or shall be subject to both
such fine and imprisonment. (b) Any employing unit or any officer or agent of an employing unit
or any other person who knowingly makes a false statement or
representation or who knowingly fails to disclose a material fact in
order to prevent or reduce the payment of benefits to any individual
entitled thereto or to avoid becoming or remaining subject to this
chapter or to avoid or reduce any contribution or other payment
required from an employing unit under this chapter or who willfully
fails or refuses to make any such contributions or other payment or
to furnish any reports required under this chapter or to produce or
permit the inspection or copying of records as required under this
chapter shall upon conviction be guilty of a misdemeanor and shall
be punished by imprisonment not to exceed one year or fined not more
than $1,000.00 or shall be subject to both such fine and
imprisonment. Each such act shall constitute a separate offense. (c) Any person who establishes a fictitious employing unit for the
purpose of enabling such person or another person to receive
benefits under this chapter to which such person is not entitled
shall upon conviction be guilty of a felony and shall be punished by
imprisonment for not less than one nor more than five years or fined
not less than $1,000.00 or shall be subject to both such fine and
imprisonment. (d) Any person who removes, deposits, or conceals or aids in
removing, depositing, or concealing any property upon which a levy
is authorized under any Code section of this chapter with intent to
evade or defeat the assessment collection of any debt may be fined
not more than $5,000.00 or imprisoned for not more than three years
or shall be subject to both such fine and imprisonment and shall be
liable to the state for the costs of prosecution. (e) Any person who willfully violates any provision of this chapter
or any order, rule, or regulation under this chapter, the violation
of which is made unlawful or the observance of which is required
under the terms of this chapter and for which a penalty is neither
prescribed in this chapter nor provided by any other applicable
provision of this Code section, shall upon conviction be guilty of a
misdemeanor; and each day such violation continues shall be deemed
to be a separate offense. |