Legal Question in Criminal Law in Florida

Florida Unemployment Fraud

I was on unemployment in 2009 and was accepted a commission only job. The company loaned me money (less than I was getting from unemployment) to to help me get by until I earned commission; at which time the money they loaned me was to be paid back. Since it was a loan I did not report it as income. It seems to me that it didn't become wages until they said I didn't have to pay it back. To make a long story short I didn't make any commission and left the job. They didn't make me pay them back. (I was no longer on unemployment by that time) Now 3 years later I am charged with fraud by uttering a false instrument. Do I have a defense or am I just screwed?


Asked on 3/12/12, 8:11 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You have several issues here. If you were actually "loaned" money then that is not considered income. However, it could be considered income, if it was an actually an advance on your pay. Is there a written contract for this loan. If so, it may be your defense to the criminal charge. I would sit down with an attorney in person to discuss this in more detail.

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Answered on 3/13/12, 4:55 pm


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