Iowa Code

Iowa Code § 96.16 (2026)

Offenses

✓ current as of July 2026

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1. Penalties. An individual who makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this chapter, either for the individual or for any other individual, is guilty of a fraudulent practice as defined in sections 714.8 through 714.14. The total amount of benefits\n\nTue Dec 09 22:29:19 2025 Iowa Code 2026, Chapter 96 (62, 1) §96.16, EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION 52\n\nor payments involved in the completion of or in the attempt to complete a fraudulent practice shall be used in determining the value involved under section 714.14.

2. False statement. Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from an employing unit under this chapter, or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, is guilty of a fraudulent practice as defined in sections 714.8 through 714.14. The total amount of benefits, contributions, or payments involved in the completion of or in the attempt to complete a fraudulent practice shall be used in determining the value involved under section 714.14.

3. Unlawful acts. Any person who shall willfully violate any provisions of this chapter or any rule thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be guilty of a simple misdemeanor, and each day such violation continues shall be deemed to be a separate offense.

4. Misrepresentation.

a. An individual who, by reason of the nondisclosure or misrepresentation by the individual or by another of a material fact, has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in the individual’s case, or while the individual was disqualified from receiving benefits, shall be liable to repay to the department for the unemployment compensation fund, a sum equal to the amount so received by the individual. If the department seeks to recover the amount of the benefits by having the individual pay to the department a sum equal to that amount, the department may file a lien with the county recorder in favor of the state on the individual’s property and rights to property, whether real or personal. The amount of the lien shall be collected in a manner similar to the provisions for the collection of past-due contributions in section 96.14, subsection 3.

b. The department shall assess a penalty equal to fifteen percent of the amount of a fraudulent overpayment. The penalty shall be collected in the same manner as the overpayment. The penalty shall be added to the amount of any lien filed pursuant to paragraph “a” and shall not be deducted from any future benefits payable to the individual under this chapter. Funds received for overpayment penalties shall be deposited in the unemployment trust fund.

5. Experience and tax rate avoidance.

a. If a person knowingly violates or attempts to violate section 96.7, subsection 2, paragraph “b”, subparagraph (2) or (3), with respect to a transfer of unemployment experience, or if a person knowingly advises another person in a way that results in a violation of such subparagraph, the person shall be subject to the penalties established in this subsection. If the person is an employer, the employer shall be assigned a penalty rate of contribution of two percent of taxable wages in addition to the regular contribution rate assigned for the year during which such violation or attempted violation occurred and for the two rate years immediately following. If the person is not an employer, the person shall be subject to a civil penalty of not more than five thousand dollars for each violation which shall be deposited in the unemployment trust fund, and shall be used for payment of unemployment benefits. In addition to any other penalty imposed in this subsection, violations described in this subsection shall also constitute an aggravated misdemeanor.

b. For purposes of this subsection:

(1) “Knowingly” means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the requirement or prohibition involved.\n\nTue Dec 09 22:29:19 2025 Iowa Code 2026, Chapter 96 (62, 1) 53 EMPLOYMENT SECURITY — UNEMPLOYMENT COMPENSATION, §96.20\n\n (2) “Violates or attempts to violate” includes but is not limited to the intent to evade, misrepresentation, and willful nondisclosure. [C39, §1551.22; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §96.16] 96 Acts, ch 1186, §23; 2005 Acts, ch 98, §2; 2008 Acts, ch 1032, §181; 2013 Acts, ch 3, §2, 4; 2018 Acts, ch 1080, §6; 2019 Acts, ch 59, §40 Referred to in §96.5, 96.11 \n

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1978–2025 · leading case: Galvin v. Iowa Beef Processors, Inc., 261 N.W.2d 701 (Iowa 1978).

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Galvin v. Iowa Beef Processors, Inc., 261 N.W.2d 701 (Iowa 1978). · cites it 20× “The commission claims it is entitled to do so under § 96.16(4) because the payments were erroneously made.”

Franklin v. Iowa Dep't of Job Serv., 277 N.W.2d 877 (Iowa 1979). · cites it 5× “The notice further stated that, under section 96.16, the department could deduct the overpayment from future unemployment benefits, or Franklin could'repay the sum to the department.”

Walker v. Iowa Dep't of Job Serv., 351 N.W.2d 802 (Iowa 1984). · cites it 2× “The notice specified misrepresentation of a material fact under Iowa Code section 96.16(4) as the ground upon which recompense was sought.”

Beardslee v. Iowa Dep't of Job Servs., 276 N.W.2d 373 (Iowa 1979). “Authority for the Department to order such repayment is found in § 96.16(4), The Code. This notice contained the same information as to the time and manner of appeal as was contained in the first notice mailed May 18.”

Berg v. Shearer, 755 F.2d 1343 (8th Cir. 1985). “See Iowa Code § 96.16 (1982); Iowa Code §§ 714.”

State of Iowa v. Dave A. Rutledge (Iowa Ct. App. 2020). · cites it 4× “See Iowa Code §§ 96.16 (1), 714.10 (2017). On March 21, 2019, the court issued its sentencing order, which imposed a suspended five-year term of incarceration, three years of probation, and $14,778.”

Jeun v. Iowa Dep't of Job Serv., 411 N.W.2d 433 (Iowa Ct. App. 1987). · cites it 6× “By contrast, where misrepresentation is alleged, the claimant’s eligibility during the period in question remains a determinative inquiry: the receipt of benefits for which the claimant was not in fact eligible provides the ground stone of misrepresentation as that term is…”

Christopher Thigpen v. Best Home Care LLC, Dep't of Emp. & Econ. Dev., ... (Minn. 2025). “§ 383 - 44(b)); Iowa ( Iowa Code § 96.16 (4)(b)); Kentucky ( Ky.”

— Iowa Code § 96.16(4) — 5 cases

Galvin v. Iowa Beef Processors, Inc., 261 N.W.2d 701 (Iowa 1978). “The commission claims it is entitled to do so under § 96.16(4) because the payments were erroneously made.”

Franklin v. Iowa Dep't of Job Serv., 277 N.W.2d 877 (Iowa 1979). “The notice further stated that, under section 96.16, the department could deduct the overpayment from future unemployment benefits, or Franklin could'repay the sum to the department.”

Walker v. Iowa Dep't of Job Serv., 351 N.W.2d 802 (Iowa 1984). “The notice specified misrepresentation of a material fact under Iowa Code section 96.16(4) as the ground upon which recompense was sought.”

Jeun v. Iowa Dep't of Job Serv., 411 N.W.2d 433 (Iowa Ct. App. 1987). “By contrast, where misrepresentation is alleged, the claimant’s eligibility during the period in question remains a determinative inquiry: the receipt of benefits for which the claimant was not in fact eligible provides the ground stone of misrepresentation as that term is…”

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