NY Lab L § 594 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 594 - Reduction and Recovery of Benefits and Penalties for Wilful False Statement.

§  594.  Reduction  and  recovery of benefits and penalties for wilful false statement.  * (1)  A  claimant  who  has  wilfully  made  a  false statement  or  representation to obtain any benefit under the provisions of this article shall forfeit benefits for at least the first  four  but not  more  than  the  first eighty effective days following discovery of such offense for which he or she otherwise would have been  entitled  to receive  benefits.  Such  penalty  shall apply only once with respect to each such offense.   * NB Effective until April 1, 2022 or 30 days after  the  commissioner of  labor  certifies  that  the  department  of labor has an information technology system capable of accomodating these amendments, whichever is earlier   * (1)  A  claimant  who  has  wilfully  made  a  false  statement   or representation  to  obtain  any  benefit  under  the  provisions of this article shall forfeit benefits for at least the first one but  not  more than  the  first  twenty  effective  weeks  following  discovery of such offense for which he or  she  otherwise  would  have  been  entitled  to receive  benefits.  Such  penalty  shall apply only once with respect to each such offense.   * NB Effective April 1, 2022 or 30  days  after  the  commissioner  of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * (2) For the purpose of subdivision  four  of  section  five  hundred ninety  of  this  article, the claimant shall be deemed to have received benefits for such forfeited effective days.   * NB Effective until April 1, 2022 or 30 days after  the  commissioner of  labor  certifies  that  the  department  of labor has an information technology system capable of accomodating these amendments, whichever is earlier   * (2) For the purpose of subdivision  four  of  section  five  hundred ninety  of  this  article, the claimant shall be deemed to have received benefits for such forfeited effective weeks.   * NB Effective April 1, 2022 or 30  days  after  the  commissioner  of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier  (3) The penalty provided in this section shall not be  confined  to  a single  benefit year but shall no longer apply in whole or in part after the expiration of two years from the date of  the  final  determination. Such  two-year  period shall be tolled during the time period a claimant has an appeal pending.  (4) A claimant shall refund all moneys received because of such  false statement  or  representation and pay a civil penalty in an amount equal to the greater of one hundred dollars or fifteen percent  of  the  total overpaid  benefits  determined  pursuant  to this section. The penalties collected hereunder shall  be  deposited  in  the  fund.  The  penalties assessed  under  this  subdivision  shall  apply and be assessed for any benefits paid  under  federal  unemployment  and  extended  unemployment programs  administered  by the department in the same manner as provided in this article. The penalties in this section shall be in  addition  to any  penalties  imposed  under  this  chapter  or  any  state or federal criminal statute. No penalties or interest  assessed  pursuant  to  this section may be deducted or withheld from benefits.  (5)  (a)  Upon a determination based upon a willful false statement or representation becoming final through exhaustion  of  appeal  rights  or failure  to  exhaust  hearing  rights,  the commissioner may recover the amount found to be due by commencing a civil action, or by  filing  with  the  county  clerk  of  the  county where the claimant resides the final determination  of  the  commissioner  or  the  final  decision   by   an administrative  law  judge,  the appeal board, or a court containing the amount  found  to  be  due  including  interest  and  civil penalty. The commissioner may only make such a filing with the county clerk when:  (i) The claimant has responded to requests for information prior to  a determination and such requests for information notified the claimant of his  or  her  rights  to  a  fair  hearing  as  well  as  the  potential consequences of an investigation  and  final  determination  under  this section including the notice required by subparagraph (iii) of paragraph (b)  of  this subdivision. Additionally if the claimant requested a fair hearing or appeal subsequent to a determination, that the  claimant  was present either in person or through electronic means at such hearing, or subsequent appeal from which a final determination was rendered;  (ii)  The  commissioner  has  made  efforts  to  collect on such final determination; and  (iii) The commissioner has sent a notice, in accordance with paragraph (b) of this subdivision, of intent to docket such final determination by first class or certified mail, return receipt requested, ten days  prior to the docketing of such determination.  (b) The notice required in subparagraph (iii) of paragraph (a) of this subdivision shall include the following:  (i)  That  the  commissioner  intends  to docket a final determination against such claimant as a judgment;  (ii) The total amount to be docketed; and  (iii) Conspicuous language that reads as  follows:  "Once  entered,  a judgment  is good and can be used against you for twenty years, and your money, including a portion of your paycheck and/or bank account, may  be taken.  Also, a judgment will hurt your credit score and can affect your ability to rent a home, find a job, or take out a loan."