Lincoln County woman charged with felony theft

by Bob Henline Western News
| April 1, 2016 8:32 AM

A Lincoln County woman has been charged in Montana’s 19th Judicial District Court with one felony count of theft in a common scheme for allegedly reporting false information to the Montana Department of Labor and Industry’s Unemployment Insurance Division for the purpose of obtaining unemployment benefits from the state agency.

The charges were filed against Jessica Diller March 9, 2016, by Special Assistant Attorney General and Special Deputy Lincoln County Attorney Joseph Nevin. In the affidavit submitted to the court, Nevin wrote Diller under-reported her earnings between Jan. 12, 2013, and July 20, 2013.

“Between Jan. 12, 2013, and July 20, 2013, Diller reported working a total of 324 hours and receiving a total of $5,469 in wages,” Nevin wrote. “However, Diller’s employer, Project Resource Inc., reported that between Jan. 12, 2013, and July 20, 2013, Diller worked 1,067 hours and received $22,890 wages. As a result of filing these unemployment insurance claims, Jessica Diller received $9,086 in unemployment insurance benefits, of which she was entitled to receive only $1,232. Thus, Diller received $7,854 in benefits to which she was not entitled. A penalty of 33 percent of the overpayment, equaling $2,591.82, attached to the unemployment insurance benefits pursuant to Section 35-51-3201(1)(a)(ii), MCA and ARM 24.11.1209(2) , for a total debt of $10,445.82.”

After investigating the alleged overpayments, the Department of Labor and Industry determined Diller had submitted false reports. According to the affidavit, Diller was given the opportunity to appeal the department’s administrative ruling regarding the overpayment in September 2013, but failed to do so.

“The Department made an administrative determination that Jessica Diller had submitted false Unemployment Insurance claims and that, as a result, she was overpaid UI benefits,” Nevin wrote. “A Fraud Determination letter was sent to Diller on Sept. 9, 2013, assessing her overpayment debt to the Department and advising her of her appeal rights. Jessica Diller did not appeal the Department’s determination.”

If convicted, Diller could be sentenced to up to 10 years in the Montana state prison and assessed a fine of up to $50,000.

Diller appeared in district court Monday, March 28, 2016, and pleaded not guilty to the charges. She was ordered free on her own recognizance and is scheduled to appear in Judge James Wheelis’ courtroom again April 25 for an omnibus hearing.