§ 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.
History of Section.P.L. 1995, ch. 158, § 2; P.L. 2013, ch. 120, § 1; P.L. 2013, ch. 130, § 1; P.L. 2015, ch. 101, § 1; P.L. 2015, ch. 113, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-42 - Employment Security — General Provisions
Section 28-42-1. - Short title.
Section 28-42-2. - Declaration of policy.
Section 28-42-3. - Definitions.
Section 28-42-4. - Services performed partly outside state.
Section 28-42-5. - Localized service defined.
Section 28-42-6. - Service by residents performed entirely outside state.
Section 28-42-6.1. - Service by U.S. citizens performed outside United States for American employer.
Section 28-42-7. - Independent contractor and employee distinguished.
Section 28-42-8. - Exemptions from “employment.”
Section 28-42-9. - Maritime services.
Section 28-42-10. - Services performed by students.
Section 28-42-11. - Employees of agents and contractors of employing units.
Section 28-42-12. - Election by exempt employer to become subject to provisions.
Section 28-42-13. - State employees.
Section 28-42-14. - Employees of governmental entities.
Section 28-42-14.1. - Treatment of Indian tribes.
Section 28-42-15 - — 28-42-17. [Repealed.]
Section 28-42-18. - Establishment of fund.
Section 28-42-19. - Disbursements from fund.
Section 28-42-20. - Treasurer of fund — Bond — Subordinates or employees.
Section 28-42-21. - Deposits in and requisitions from unemployment trust fund.
Section 28-42-22. - Requisitions from trust fund for temporary disability insurance fund.
Section 28-42-23. - Unclaimed or unpaid moneys from unemployment trust fund.
Section 28-42-24. - Custody and investment of fund or discontinuance of unemployment trust fund.
Section 28-42-25. - Creation of administration account — Sources.
Section 28-42-26. - Disbursements from administration account — Unexpended balance.
Section 28-42-27. - [Repealed.]
Section 28-42-28. - Federal funds for administration.
Section 28-42-29. - Expenditure of administrative funds authorized by Secretary of Labor.
Section 28-42-30. - Replacement of unauthorized expenditures from administration account.
Section 28-42-31. - Responsibility for administration — General powers of director.
Section 28-42-32. - Annual report — Recommendations.
Section 28-42-33. - Modifications to protect fund.
Section 28-42-34. - Rules and regulations.
Section 28-42-35. - Publication of statutory text and supplementary material.
Section 28-42-36. - Personnel of department.
Section 28-42-37. - Advisory council.
Section 28-42-38. - Records and reports — Confidentiality of information.
Section 28-42-38.1. - Quarterly wage reports.
Section 28-42-38.2. - Income and eligibility verification.
Section 28-42-38.3. - Penalty for unauthorized disclosure.
Section 28-42-39. - Reports of contracts for services to be rendered within state.
Section 28-42-40. - Legislative recommendations — Research and planning.
Section 28-42-41. - Legal representation of state.
Section 28-42-42. - Agent for cooperation with federal government, states, and territories.
Section 28-42-43. - Acceptance of federal provisions.
Section 28-42-44. - Cooperation with federal employment service.
Section 28-42-45. - Agreements as to employment offices.
Section 28-42-46. - Maintenance of employment offices.
Section 28-42-47. - Expenditure of federal funds.
Section 28-42-48. - State funds for employment service.
Section 28-42-49. - Appropriations for employment offices.
Section 28-42-50. - Applicability of administrative provisions.
Section 28-42-51. - Additional functions and duties of director of administration.
Section 28-42-52. - Implementation of administrative functions.
Section 28-42-53. - Procedural rules and regulations — Record of proceedings.
Section 28-42-54. - Administration of oaths — Subpoena of witnesses.
Section 28-42-55. - Enforcement of subpoenas — Appeal.
Section 28-42-56. - Witness fees.
Section 28-42-57. - Parties to judicial action.
Section 28-42-58. - Inter-agency arrangements for coverage.
Section 28-42-59. - Inter-agency arrangements for payment of compensation through single agency.
Section 28-42-60. - Cooperation with foreign governments.
Section 28-42-61. - Continuance of arrangements after changes in law.
Section 28-42-62. - [Repealed.]
Section 28-42-62.1. - Fraud and abuse.
Section 28-42-63. - [Repealed.]
Section 28-42-63.1. - Suspension or revocation of registration — New registration.
Section 28-42-64. - Failure to make contributions or reports.
Section 28-42-64.1. - Injunctive relief.
Section 28-42-65. - Pecuniary penalty for failure to file reports or pay contributions.
Section 28-42-65.1. - Engaging in business without registration.
Section 28-42-66. - Penalty for violations generally.
Section 28-42-67. - Disposition of fines.
Section 28-42-68. - Recovery of erroneously paid benefits.
Section 28-42-69. - Complaints to invoke penalties.
Section 28-42-70. - Prosecution of criminal actions.
Section 28-42-71. - Repeal or amendment of federal provisions.
Section 28-42-72. - Legislative control reserved.
Section 28-42-73. - Construction of provisions.
Section 28-42-74. - Severability.
Section 28-42-75. - Establishment of employment security interest fund — Sources.
Section 28-42-76. - Disbursements from interest fund — Unexpended balance.
Section 28-42-77. - Treasurer of interest fund — Bond — Investments.
Section 28-42-78. - Establishment of employment security tardy account fund — Sources.
Section 28-42-79. - Disbursements from tardy account fund — Unexpended balance.
Section 28-42-80. - Treasurer of tardy account fund — Bond — Investments.
Section 28-42-81. - Tuition costs.
Section 28-42-82. - Job development fund.
Section 28-42-83. - Job development fund — Establishment — Sources.
Section 28-42-84. - Job development fund — Disbursements — Unexpended balance.
Section 28-42-85. - Job development fund — Treasurer — Bond — Investments.
Section 28-42-86. - Employment security reemployment fund — Legislative findings.
Section 28-42-87. - Employment security reemployment fund — Establishment — Sources.
Section 28-42-88. - Employment security reemployment fund — Disbursements — Unexpended balance.
Section 28-42-89. - Employment security reemployment fund — Treasurer — Bond — Investments.