2023 Michigan Compiled Laws › Chapter 421 - Employment Security › Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75) › Section 421.54b - Conspiracy; Applicability; Penalties; Disposition of Amounts Recovered; Effective Date of Section.

421.54b Conspiracy; applicability; penalties; disposition of amounts recovered; effective date of section.
Sec. 54b.
(1) An employing unit or an officer or agent of an employing unit, a claimant for unemployment benefits, an employee of the commission, or a third party that has conspired with 1 or more persons to commit an offense prohibited by this act or to commit an act permitted by this act in an illegal manner shall be guilty of conspiracy punishable by 1 or more of the following:
(a) If the commission determines that an individual conspired to commit an illegal act under this act, the commission may recover the amount of money so obtained or withheld from payment as a result of the illegal act, and may also recover damages equal to 3 times that amount.
(b) The commission may refer the matter to the prosecuting attorney of the county in which the alleged violation occurred for prosecution. If the commission has not made its own determination under subdivision (a), the penalty sought by the prosecutor shall include the amount described in subdivision (a) and shall also include 1 or more of the following penalties:
(i) If the amount obtained or withheld from payment as a result of the conspiracy is $25,000.00 or less, then 1 of the following:
(A) Imprisonment for not more than 2 years.
(B) The performance of community service of not more than 2 years but not to exceed 4,160 hours.
(C) A combination of (A) and (B) that does not exceed 2 years.
(ii) If the amount obtained or withheld from payment as a result of the conspiracy is more than $25,000.00, then 1 of the following:
(A) Imprisonment for not more than 5 years.
(B) The performance of community service of not more than 5 years but not to exceed 10,400 hours.
(C) A combination of (A) and (B) that does not exceed 5 years.
(iii) If a conspiracy to obtain or withhold an amount from payment does not result in a loss to the commission, then both a fine equal to 3 times the amount involved in the conspiracy, but not less than $1,000.00 and 1 of the following:
(A) Imprisonment for not more than 2 years.
(B) The performance of community service for not more than 2 years but not to exceed 4,160 hours.
(C) A combination of (A) and (B) that does not exceed 2 years.
(2) This section shall apply even if the amount obtained or withheld from payment has been reported or reported and paid by an individual involved in a conspiracy.
(3) This section applies to conduct that began before April 1, 1992 but that continued on or after April 1, 1992 and to conduct that began on or after April 1, 1992.
(4) The penalties provided in this section shall be in addition to any penalty provided in this act for a late filing.
(5) If a determination is made that an individual has violated this section, the individual is subject to the penalty provisions of this section and, where applicable, the requirements of section 62.
(6) The amount recovered by the commission pursuant to subsection (1) shall be credited first to the unemployment compensation fund and thereafter amounts recovered that are in excess of the amounts obtained or withheld as a result of the conspiracy shall be credited to the penalty and interest account of the contingent fund.
(7) This section shall take effect April 1, 1992.
History:
Add. 1991, Act 4, Eff. Apr. 1, 1992 ;-- Am. 1993, Act 276, Imd. Eff. Dec. 28, 1993