Legal Question in Criminal Law in California

My mother used to work for an in-home care service. She was the office manager, and did all their books. At the time I was about 25, and not doing well at all financially. I was fired from my job for violating a company policy, and so was not eligible for unemployment. The Unemployment Department told me if I got another job and made a specific amount of money, I would be eligible for unemployment benefits. My mom decided that she would cut a paycheck in my name rather than hers, while she was still working there as normal, doing her job. I received a paycheck from her. She then deposited it into her bank I assume, I honestly don�t know what she did with it after that. I then reapplied for unemployment, and received it for about a year until I got another job.

I should mention that my mom was also at the time paying most of my bills. She explained this to me as getting constant cash advances on her paychecks. Honestly, I never questioned the source of her income because all I knew was that I was having hard times and she wanted to help me. I had no idea how much she made at her work. She had a job, so there was no reason to believe that she was stealing or anything.

She got sick in January 2008, and has not worked since. She is now very sick and on dialysis.

So about six months ago I was contacted by an FBI agent and they started questioning me about what my mom used to do for the in-home service she worked for. I explained everything I could to the best of my knowledge. They then asked if I had ever worked for the company. Having been 6 years or so, I forgot about what had happened and said no. They then produced a pay stub with my name on it and I realized what they were referring to. I then explained everything about the situation and what happened. They said ok and I haven�t heard from them since.

Yesterday I was served with a subpoena to appear before a Grand Jury to testify. The FBI agent said it was as a witness, not as a target or subject of the investigation.

I�m not sure of the amount that I received, but I would say somewhere around $10,000

My concerns are:

Should I invoke the 5th when they question me about the unemployment incident, or has that ship sailed since I already divulged the info to the FBI agent at the initial interview?

Should I try to ask the U.S. Attorney for Immunity, or does that imply some sort of guilt of a crime?

Is there a Statute of Limitations for Unemployment Fraud in California? The act occurred in 2005.

Is it likely that they will file criminal charges against me?

If so, what is likely to happen? This would be my first offense, I have a clean adult record, and have a good government job that I have had since 2006.

Speaking of my job, I have a secret clearance. Is that pretty much gone if convicted of any fraud here?

I have to appear at the Grand Jury next week, December 1st. Please, any help I can get expeditiously would be GREATLY appreciated.


Asked on 11/22/11, 7:46 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Didn't your Mom ever teach you not to speak to law enforcement officers (including FBI agents)? You lied to the FBI agent, or they may say you did, and this is a felony under 18 USC 1001. You may have talked yourself into a criminal indictment, and possibly out of your security clearance. You should consult a criminal defense lawyer in your locality without delay, and also a lawyer who specializes in clearance adjudications. You won't have a lawyer with you at the grand jury, remember you do have a right under the 5th Amendment not to answer questions that may tend to incriminate you. You are not a lawyer, so you don't have any idea what will or won't tend to incriminate you.

Recommend you search for and read the article by Solomon Weisberg, "How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents". Good luck.

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Answered on 11/22/11, 8:03 pm
Terry A. Nelson Nelson & Lawless

STOP. IMMEDIATELY.

When threatened, arrested or charged with any crime, and that IS what is happening to you, POLICE CAN LIE TO YOU, �what can you do�? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. Again, POLICE CAN LIE to get you to spill your guts.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. IMMEDIATELY tell your mother to do the same.

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Answered on 11/23/11, 11:32 am
Anthony Roach Law Office of Anthony A. Roach

You need an attorney, like the people on the Titanic needed more lifeboats. Not later, but now.

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Answered on 11/23/11, 4:45 pm


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