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Asked 5/11/2010

Is it a crime to lie in taking out 401k hardship withdrawal

For instance my 401k states that I can take out a 401k hardship withdrawal for death, education and medical expenses. I need my money so it states that only an invoice needs to be sent to take out for a funeral expense. This is easy to make up, can they do anything if they found out I lie. Do they research my request?

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Answers

Answer 1/2 - Submitted 5/12/2010

Although the odds are against the IRS finding out, if you were ever audited you could be criminally prosecuted. Not worth the risk of Federal prison, damage to reputation, career, and long-term impact to your family.

 
 

Answer 2/2 - Submitted 5/12/2010

You can't just offer to pay for the homeless guy on the street's funeral. Which family member are you going to claim died that has not?

That level of fraud may get you jailed, as it's obviously not simply an oversight but intentional. Just pay your 10% penalty and be done with it.

 
 
 
 
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