1998 Minnesota Statutes

     268.182 False representations; concealment of facts; 
  penalty. 

    (a) Whoever obtains, or attempts to obtain, or aids or 
 abets any individual to obtain by means of an intentional false 
 statement or representation, by intentional concealment of a 
 material fact, or by impersonation or other fraudulent means, 
 benefits that the individual is not entitled or benefits greater 
 than the individual is entitled under this chapter, or under the 
 law of any state or of the federal government, either personally 
 or for any other individual, is guilty of theft and shall be 
 sentenced pursuant to section 609.52.  

    (b) Any individual who violates paragraph (a) may be 
 assessed an administrative penalty of denial of benefits for one 
 to 52 weeks that the individual would otherwise be entitled to 
 benefits.  A denial shall not apply to any week more than two 
 years after the week that the violation of paragraph (a) was 
 determined.  A written determination of denial shall be mailed 
 to the individual's last known address.  Unless an appeal is 
 filed within 30 calendar days of mailing, the determination 
 shall be final.  Proceeding on the appeal shall be conducted in 
 accordance with section 268.105.  This paragraph shall not apply 
 if prosecution is commenced under paragraph (a) or a penalty is 
 imposed under section 268.18, subdivision 2. 

    (c) Any employer or any officer or agent of an employer or 
 any other person who makes a false statement or representation 
 knowing it to be false, or who knowingly fails to disclose a 
 material fact, to prevent or reduce the payment of benefits to 
 any claimant, is guilty of a gross misdemeanor unless the 
 benefit underpayment exceeds $500, in that case the person is 
 guilty of a felony.  

    HIST: Ex1936 c 2 s 16; 1941 c 554 s 15; 1951 c 442 s 11; 1953 
 c 97 s 18; 1969 c 567 s 3; 1973 c 254 s 3; 1975 c 336 s 24; 1977 
 c 4 s 10; 1977 c 430 s 25 subd 1; 1979 c 181 s 17,18; 1Sp1982 c 
 1 s 37-40; 1983 c 216 art 1 s 42,87; 1983 c 372 s 45,46; 1985 c 
 248 s 70; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1987 c 385 s 
 40-45; 1988 c 712 s 3; 1989 c 209 art 2 s 1; 1990 c 566 s 8; 
 1992 c 484 s 15; 1994 c 483 s 1; 1995 c 54 s 21-24; 1996 c 417 s 
 29,31; 1997 c 66 s 74,79; 1998 c 265 s 37