SOCIAL SERVICES LAW | WHITE COLLAR FRAUD & THEFT BY DECEPTION

62-2-4168 Janecek v. Board of Review, App. Div. (per curiam) (3 pp.)

Submitted by White Collar Crime Attorney, Jeffrey Hark

Lubomir Janecek was found eligible to receive unemployment benefits, effective September 21, 2008, in the amount of $560 per week. On January 15, 2009, he resumed employment, but continued receiving unemployment benefits until March 21, 2009. During the period he was employed and receiving benefits, he repeatedly represented to the Division of Unemployment and Disability Insurance that he was unemployed. Following an investigation by the Division’s Bureau of Benefit Payment Control, which exposed Janecek knowingly received benefits while employed, the Director of the Division ordered Janecek to refund $5,600 in benefits for the ten weeks he received benefits when he was working. As the Division found Janecek had obtained benefits through false or fraudulent misrepresentations, the Division also found he was ineligible for benefits for one year. The Division also assessed a fine of $1,400. Janecek appealed the Director’s determinations to the Appeal Tribunal which, following a hearing, affirmed the Director’s determinations. During the hearing, Janecek did not deny he represented to the Division he was unemployed when he was in fact working. Janecek’s explanation for his actions was that he did not understand how “unemployment work[ed].”

The Board of Review affirmed the Appeal Tribunal’s decision. Janecek appeals from the final decision of the Board that ordered him to refund the sum of $5,600 in unemployment benefits and pay a fine of $1,400, and determined he was ineligible to receive unemployment benefits for one year. Janecek contends he did not intentionally misrepresent he was employed while receiving benefits and, as he asserted during the hearing before the Appeal Tribunal, claims he misunderstood the employment process. The appellate panel affirms finding the Board’s decision was not arbitrary, capricious, or unreasonable and had adequate support in the record.