What is the test for making a false statement or representation under section 2101 of the Unemployment Insurance Code?

California, United States of America


The following excerpt is from People v. Louie, 158 Cal.App.3d Supp. 28, 205 Cal.Rptr. 247 (Cal. Super. 1984):

Section 2101 of the Unemployment Insurance Code declares that willfully making a false statement or representation, or knowingly failing to disclose a material fact, to obtain any benefit or payment constitutes a misdemeanor. (See fn. 1.) Under section 2101 the prosecution must prove two elements beyond a reasonable doubt: (1) An intent to defraud and (2) the willful making of a false statement or representation. (People v. Lustman (1970) 13 Cal.App.3d 278, 286, 91 Cal.Rptr. 548 [overruled on another ground by People v. Ruster (1976) 16 Cal.3d 690, 697, 129 Cal.Rptr. 153, 548 P.2d 353].) It is, of course, a defense to an allegation of intent to defraud that the accused acted without such intent but in the good faith belief that his conduct was justified.

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