REPRINT OF APPLICABLE SECTIONS OF THE LAW
ILLINOIS UNEMPLOYMENT INSURANCE ACT. 820 ILCS 405 et seq.:
Section 900 (par. 490) Recoupment.
A. Whenever an individual has received any sum as benefits for which he is found to have been ineligible, the amount thereof
may be recovered by suit in the name of the People of the State of Illinois, or, from benefits payable to him, may be recouped:
1. At any time, if, to receive such sum, he knowingly made false statement or knowingly failed to disclose a material
fact.
2. [O]r within 5 years from any date ... on which he has been found to have been ineligible for any other reason...
E. The amount recouped pursuant to paragraph 2 of subsection A from benefits payable to an individual for any week shall not
exceed 25% of the individual’s weekly benefit amount.
Section 901 (par. 491) Fraud - Repayment - Ineligibility.
An individual who, for the purpose of obtaining benefits, knowingly makes a false statement or knowingly fails to disclose a
material fact, and thereby obtains any sum of benefits for which he is not eligible:
A. Shall be required to repay such sum in cash, or the amount thereof may be recovered or recouped pursuant to the
provisions of Section 900.
B. Shall be ineligible for benefits for the week in which he has been notified of the determination of the claims
adjudicator referred to in Section 702 that he is ineligible for benefits by reason of the offense described in the first
paragraph and, thereafter, for 6 weeks (with respect to each of which he would be eligible for benefits but for the
provisions of this paragraph) for the first offense, and for 2 additional weeks (with respect to each of which he would
be eligible for benefits but for the provisions of this paragraph) for each subsequent offense. For the purposes of this
paragraph, a separate offense shall be deemed to have been committed in each week for which an individual has
received a sum as benefits for which he was not eligible. No ineligibility under the provisions of this paragraph shall
accrue with respect to any week beginning after which ever of the following occurs first: (1) 26 weeks with respect to
each of which the individual would be eligible for benefits but for the provisions of this paragraph have elapsed since
the date his ineligibility began pursuant to this paragraph, or (2) 2 years have elapsed since the date his ineligibility
began pursuant to this paragraph.
STATE BENEFITS FRAUD – PERJURY
720 ILCS 5/17-6. State benefits fraud.
_17-6. (a) Any person who obtains or attempts to obtain money or benefits from the State of Illinois, from any political
subdivision thereof, or from any program funded or administered in whole or in part by the State of Illinois or any
political subdivision thereof through the knowing use of false identification documents or through the knowing
misrepresentation of his age, place of residence, number of dependants, marital or family status, employment status,
... or any other material fact upon which his eligibility for or degree of participation in any benefit program might be
based, is guilty of State benefits fraud.
(c) State benefits fraud is a Class 4 felony except when more than $300 is obtained, in which case State benefits
fraud is a Class 3 felony.
720 ILCS 5/32-2. Perjury
32-2. (a) A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by
law such oath or affirmation is required, he makes a false statement, material to the issue or point in question, which
he does not believe to be true.
(c) Perjury is a Class 3 felony.
ILLINOIS COMPTROLLER ACT, 15 ILCS 405/10.05:
Whenever any person shall be entitled to a warrant or other payment from the treasury or other funds held by the State
Treasurer, on any account, against whom there shall be any account or claim in favor of the State, ... the Comptroller ... may
deduct the entire amount due and payable to the State ... in accordance with request from the notifying agency ...
Refer to the Acts for the complete applicable section of the law.