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New York Accompaniment Comptroller Thomas DiNapoli speaks at the NYS Economic Development’s anniversary appointment at the Albany Capital Center on Thursday, Feb. 1, 2018, in Albany, N.Y. (Paul Buckowski/Times Union)



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New York Accompaniment Comptroller Thomas DiNapoli speaks at the NYS Economic Development’s anniversary appointment at the Albany Capital Center on Thursday, Feb. 1, 2018, in Albany, N.Y. (Paul Buckowski/Times Union)

New York Accompaniment Comptroller Thomas DiNapoli speaks at the NYS Economic Development’s anniversary appointment at the Albany Capital Center on Thursday, Feb. 1, 2018, in Albany, N.Y. (Paul Buckowski/Times Union)

New York Accompaniment Comptroller Thomas DiNapoli speaks at the NYS Economic Development’s anniversary appointment at the Albany Capital Center on Thursday, Feb. 1, 2018, in Albany, N.Y. (Paul Buckowski/Times Union)



Unemployment allowance cheaters got off lightly, analysis claims

ALBANY — Hundreds of bodies who cheated the accompaniment out of unemployment allowance checks got off accessible because of an investigations excess at the accompaniment Activity Department, according to a Comptroller’s analysis of the affairs appear Thursday.

The analysis begin that the bureau in 2013 implemented an “unwritten policy” — one that abandoned both accompaniment and federal law — not to amerce some bodies who had aria to get unemployment benefits.

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Implemented at the Activity Administration in 2013, the action to abandon penalties stemmed from “a backlog” of such cases, according to the analysis by accompaniment Comptroller Tom DiNapoli’s office. The analysis did not announce how ample this case excess was, how far aback it went, or whether it has back been addressed.

Four years in the making, the analysis begin the accompaniment bootless to aggregate added than $311,000 in penalties from about 1,700 abeyant cheats amid October 2013 and September 2016.

“DOL did not acknowledge how the action came about. It was not implemented consistently amid staff,” according to a account from DiNapoli’s office.

“This is an affair from four years ago that has been continued back been rectified,” said accompaniment Activity Administration backer Jill Aurora. She said the case backlogs stemmed from the after-effects of the 2008 recession and were ” bound about absolutely by January 2014.”

The Times Union asked the activity administration for capacity on the admeasurement of the backlog, but Aurora’s acknowledgment did not acknowledge on that topic.

Aurora said the administration absitively not to amerce bodies who during the excess had submitted advice “in a adapted fashion. … This is not an ‘unwritten action adverse to law,’ but rather an adapted use of our ascendancy to adequately adapt and apparatus the law,” she added.

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Federal activity admiral at the Employment and Training Administration will analysis DiNapoli’s analysis and its assertions that the action was not legal, according to a agent for the federal agency.

According to a “frequently asked questions” folio on the accompaniment Activity Department’s website, penalties for accepting disproportionate unemployment allowances are not alternative and “must be adjourned unless it is overruled by an Administrative Law Judge, the Appeal Board, or a court.”

The bulk of the amends is based on the bulk of abnormal benefits. If $666.66 or beneath is collected, the amends is $100, according to the accompaniment website.

For amounts greater than that, the amends is 15 percent of the absolute allowances fraudulently obtained.

In an Aug. 17 letter, accompaniment Activity Abettor Roberta Reardon responded to DiNapoli’s appointment that the analysis and “concerns aloft by your Bureau has resulted in two years of actual absolute reports.”

Reardon’s letter additionally asserted that the analysis independent bearding “inaccuracies” in 39 percent of its findings.

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However, the commissioner’s letter did not address, affirm or abjure the agency’s declared “unwritten policy” to not affair accurately appropriate penalties.

In 2013, Peter Rivera was activity commissioner, accepting been appointed a year beforehand by Gov. Andrew M. Cuomo. In backward 2014, Rivera abhorrent dozens of layoffs in the agency — including in the unemployment allowance and appropriate investigations units — on federal allotment cuts.

Rivera accommodated as abettor in January 2015, about bristles months afterwards the alpha of DiNapoli’s audit. Back January 2016, Rivera has been a accomplice at Gotham Government Relations & Communications, a Garden City-based lobbying firm.

DiNapoli’s allegation at the Activity Administration were based on a sample of about 5 percent of almost 168,500 such “willful misrepresentation” allowance cases amid 2013 and 2016, in which bodies “knowingly misrepresent(ed) information” to get unemployment benefits.

Unidentified activity admiral had “implemented an accepted action not to appoint penalties” in cases area the accompaniment had affirmation above-mentioned to October 2013  that a being offered apocryphal advice to get benefits, but had not yet acted to appoint a amends as appropriate beneath law, according to the Comptroller’s audit.

Each year, the federal government provides aid to abutment the accompaniment unemployment allowance program, with that amount estimated at about $317 actor this year.

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DiNapoli’s analysis recommended that Reardon analysis the actual 160,000 “willful bribery cases” still unexamined for abeyant forgone penalties. In her August response, Reardon wrote that the administration would “allocate assets adequate to the issue.”

This year, the accompaniment has allocated about $2.85 billion to run its unemployment allowance program, according to the accompaniment budget. In New York,  unemployment allowance pays a best account of $430 a anniversary for 26 weeks.

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