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Risk Advisory: COVID-19 Related Fraud Alert: Unemployment Benefits (New Mexico Office of the State Auditor)

Summary

A joint risk advisory from the New Mexico Office of the State Auditor, under State Auditor Brian S. Colón, and the New Mexico Department of Workforce Solutions (DWS) warning New Mexicans about COVID-19 related unemployment insurance scams. It describes identity theft in which fraudsters file Pandemic Unemployment Assistance (PUA) applications using stolen personal identification, and fake social media accounts and websites impersonating DWS, with tips for spotting them. It notes that PUA participants have 15 days to appeal an overpayment notice and that recovery is not enforced until the determination is final, per 20 C.F.R. § 625.14(f). Suspected victims are urged to report to the DWS UI Fraud Complaints Unit, file a complaint with the FTC at IdentityTheft.gov, and freeze their credit reports with Equifax, Experian and TransUnion at zero cost.

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RISK ADVISORY
                                    Office of the State Auditor | Brian S. Colón, Esq., CFE, State Auditor




COVID-19 Related Fraud Alert: Unemployment Benefits




The Office of the State Auditor (OSA) together with the New Mexico Department of Workforce Solutions (DWS) issue this joint
risk advisory alerting New Mexicans of COVID-19 related unemployment insurance (UI) scams. Both agencies are calling for
increased awareness for New Mexicans seeking UI benefits. In light of the continuing COVID-19 public health emergency, State
Auditor Colón and Secretary McCamley are reminding New Mexicans to be aware as fraudsters continue to perpetuate numerous
schemes related to the pandemic.

                     Identity Theft                                                Social Media Scams
Scammers are taking advantage of pandemic                       Individuals should also protect their Personal Identifiable
unemployment programs through identity theft.                   Information when using social media. There have been
Fraudsters are submitting applications for Pandemic             fraudulent social media accounts and websites
Unemployment Assistance (PUA) using stolen personal             impersonating DWS. These accounts and websites are
identification to enable an account takeover.1 Gig              not managed by DWS. Do not click on any links or
workers, contractors, and self-employed individuals are         provide any personal information to these accounts.
most at risk, but all New Mexicans should take steps to         DWS will ALWAYS have the blue check mark on
ensure their identities have not been compromised and           Facebook and Instagram. Make sure that you are only
used by fraudsters to received unemployment benefits            using https://www.jobs.state.nm.us when accessing the
in their names.                                                 New Mexico Unemployment Insurance Tax & Claims
DWS is actively working on methods to prevent this              System.
level of fraud, however, scammers are utilizing more
sophisticated approaches. If you believe your identity          How to check if the social media account is not a scam:
may have been stolen and used to collect
unemployment benefits immediately report your                   •   Check the name of the account for any spelling
concerns to DWS.                                                    errors or letters replaced by numbers (0 instead of
                                                                    O)
      Unemployment Overpayment Notices                          •   Check that the handle is correct (@NMDWS for
New Mexicans who have received PUA overpayment                      Instagram and @NewMexicoDWS for Facebook)
notices will receive an initial notice and determination,       •   Check that the Instagram and/or Facebook account
along with information on appeal rights. If you believe             has a verified blue checkmark
the unemployment overpayment notification is                    •   Check how old the page is, scam pages are usually
inaccurate or improper, contact the DWS Appeals                     created within a few days or less
Tribunal to exercise your right to appeal.
PUA participants have 15 days to appeal and receive             It is a federal crime to impersonate a government
information about why an overpayment was determined.            agency and is subject to a fine and/or up to three years
Recovery of any overpayment of PUA shall not be                 of imprisonment.
enforced by the State agency until the determination
establishing the overpayment has become final, or if
appeal is taken from the determination, until the               ______
decision after opportunity for a fair hearing has become        1: FinCEN Advisory, FIN-2020-A005, July 30, 2020
final, per 20 C.F.R. § 625.14(f).
RISK ADVISORY
                                     Office of the State Auditor | Brian S. Colón, Esq., CFE, State Auditor




COVID-19 Related Fraud Alert: Unemployment Benefits
 Red Flags and How to Protect Yourself from Unemployment Related Fraud
 The OSA and DWS strongly advise its stakeholders to be aware of the potential risks associated with
 unemployment benefit related scams and provides the following as guidance on what to do if you believe you are
 a victim of unemployment related benefit scam.

                  Report Fraud to DWS                                            Contact the Credit Bureaus
 New Mexicans who believe they may be a victim of                 If you believe you may be a victim of unemployment related
 unemployment related benefits are urged to contact the           benefits fraud it is possible that your social security number
 DWS UI Fraud Complaints Unit. Contact email or by                may have also been compromised or stolen. To mitigate
 phone:                                                           risks the OSA urges New Mexicans to contact the credit
 Email: id.verify@state.nm.us                                     bureaus to freeze credit reports. Credit reporting bureaus
 Phone: 505-243-7283                                              are legally required to freeze and unfreeze credit reports at
                                                                  zero cost.2 Contact each of the nationwide credit
  Report Fraud to Federal Trade Commission (FTC)                  bureaus:
 Additional steps should be taken to file a complaint with the    Equifax: Equifax.com/personal/credit-report-services
 FTC. The FTC can assist New Mexicans who believe they            1-800-685-1111
 may be a victim of unemployment related benefits fraud by        Experian: Experian.com/help
 placing a fraud alert on their credit and closing fraudulent     1-888-397-3742
 accounts that may have been opened in their name.                TransUnion: TransUnion.com/credit-help
 Contact online or by phone:                                      1-888-909-8872
 Online: IdentityTheft.gov
 Toll Free: 1-877-ID-THEFT
                                                                  _______
                                                                  2: Credit Freeze FAQs | FTC Consumer Information



                       Report Unemployment Related Waste, Fraud, or Abuse to DWS
The OSA recommends New Mexicans who may believe they are a victim of identity theft and/or
unemployment benefit fraud to report their concerns to DWS at: id.verify@state.nm.us or by calling: 1-877
-664-6984 or 505-243-7283.

                                           DWS Appeals Process Tribunal

If you would like to appeal an overpayment, follow the instructions provided in the Overpayment Notice
sent from DWS. Additional information on filing an appeal can be found at https://www.dws.state.nm.us/
COVID-19-Info or you may call the Unemployment Insurance Operation Center at 1-877-664-6984,
Monday-Friday, 7:00am-5:00pm.




     To report waste, fraud, or abuse in any public entity in New Mexico:
         Report online: www.saonm.org | Hotline: 1-866-OSA-Fraud


        For further information or questions, on this or any Risk Alert issued by the GAO, please contact GAO Director,
                          Stephanie W. Telles, at Stephanie.Telles@osa.state.nm.us or 505-476-3800


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