Jim Clarke has never filed for unemployment benefits.
Clarke, of Freehold, is a New Jersey native who has never been out of work. Not even during the coronavirus pandemic.
But last week, the father of three learned someone filed an unemployment claim in his name.
His employer received a form from the Labor Department — form BC-3E — to validate the claim.
Clark said he knew his Social Security information could have been compromised in past data hacks, so he wasn’t surprised that his private information could be out there.
He said his employer called the Division of Unemployment Fraud reporting line and left a message. The voicemail recording specifically said the employer would not get a call back, he said, so Clarke wondered how they would know if there was any follow-up action on the phony claim.
“What does this mean for me? I am horrified that my identity is being stolen and I am now spending money on things like Lifelock to hopefully cut it off if possible,” Clarke said.
He also feared if benefits were wrongly paid out to the scammer, it could cause trouble for his 2020 tax return because the Labor Department would report income that he never received.
Clarke said he’s also concerned that he and his employer might never know whether Labor registered the fraud complaint.
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We’ve seen other cases of fraud, which the Labor Department said it takes very seriously.
Like the woman who tried to file for unemployment but couldn’t because someone had already filed in her name. The Labor Department fixed her claim so she’d be able to get benefits and it said it would investigate.
Those who defraud the unemployment fund are in for hefty penalties, according to the Attorney General’s website.
Theft of more than $200 is punishable by up to 18 months in jail and a $10,000 fine. If it’s more than $500, you’re looking at jail time of three to five years and a fine of up to $15,000. Theft of $75,000 or more is a second degree crime, punishable by 5 to 10 years in prison and a $150,000 fine, it said.
The Labor Department confirmed it doesn’t directly respond to fraud reports because it can’t readily verify the identity of whoever is doing the reporting on the fraud line.
“However, an employer will be able to see if the fraudulent claim charges are listed on their account when they review their quarterly Unemployment Insurance charges,” Labor spokeswoman Angela Delli-Santi said. “If the charges appear, the employer can file a protest of the charges.”
Delli-Santi said the BC-3E form is reviewed and referred for either a fact-finding interview with the worker or it goes to Labor’s fraud unit.
Even though fraud allegations reported by phone or email are not directly responded to, “each allegation is taken seriously and is reviewed,” she said.
Then, there’s an analysis to determine whether the claim is fraudulent. If it is found to be fraudulent, the claim is immediately suspended, she said.
“Within the allegation, regardless of the source — phone/email/employer — if a mention of filing a new claim is made, investigators authenticate the allegation and individual, and we assist with the new claim filing,” she said. “No liability is applied to either the victim or employer if fraud is determined.”
Delli-Santi wouldn’t go into much detail on what the agency does to stop false claims from being processed, but she said Labor uses “a number of tools.”
“Once claims are filed, we conduct cross-matches to validate the application and certification for benefits,” she said. “We also are a member of the National Association of State Workforce Agency’s Integrity Center for a cross-match of fraudulent claims filed throughout the country. And, we work closely with the Attorney General’s office, USDOL and other authorities to combat fraud.”
The Labor Department says the agency also conducts “random investigations to review your eligibility, payroll records, and work search contacts.”
Delli-Santi wouldn’t say how many claims have been deemed fraudulent since the start of the pandemic or how much money has been wrongly paid or recovered after investigations.
The Labor Department encourages you to report potential fraud by calling (609) 777-4304, by faxing (609) 292-5593, or online.
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Karin Price Mueller may be reached at KPriceMueller@NJAdvanceMedia.com.
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