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E-MAIL Correspondence between Gary Lomax and the United States of America… — United States of America v. Lomax (Dkt. 27)

Record facts

CourtU.S. District Court for the Southern District of West Virginia
Filed2024-12-06

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00114 · Doc. 27 · 2024-12-06 · Docket on CourtListener

Summary

E-mail correspondence filed December 6, 2024 as Document 27 in United States of America v. Gary Lomax, No. 2:24-cr-00114, in the U.S. District Court for the Southern District of West Virginia. The one-page filing reproduces a December 5, 2024 e-mail from Assistant United States Attorney Andrew Tessman on the loss to Workforce West Virginia. It states that the federal portion consists of weekly $600 payments under the Federal Pandemic Unemployment Compensation (FPUC) program, and the state portion of $276 payments from the state unemployment compensation fund. For Gary Lomax, it lists a federal portion of $6,000, a state portion of $2,760 and a total UC loss of $8,760. Under 18 USC § 3664(i), it says, initial restitution should go to Workforce West Virginia for the state portion, then be split with the Small Business Administration.

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Full text

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Case 2:24-cr-00114 Document 27 Filed 12/06/24 Page1of1PagelD #: 71

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Mary Anne Williams .

From: Tessman, Andrew (USADC) <Andrew.Tessman@usdoj.gov>
Sent: Thursday, December 05, 2024 4:56 PM

To: Mary Anne Williams; gtitus_spilmanlaw.com

Subject: RE: USA v. Gary Lomax 2:24-cr-00114

CAUTION - EXTERNAL:

Good afternoon,

The loss due to Wokforce West Virginia is comprised of both state and federal funds. The portion of federal funds consist
of the weekly $600 payments Issued as part of the Federal Pandemic Unemployment Compensation (FPUC) program
created by the CARES Act. Workforce West Virginig will return the federal portion to the FPUC program, which is
administered by the Department of Labor (US-DOL). The portion of state funds consist of the $276 payments that were
issued from the standard state unemployment compensation fund. In the case of Gary Lomax, the totals are as follows:

Federal portion: $6,000 ($600 x 10 weeks)
State portion: $2,760 ($276 x 10 weeks)
Total UC Loss: $8,760

Thus, under 18 USC § 3664(i), the initial restitution received from the defendant should be forwarded to Workforce
West Virginia to satisfy the state portion of the loss. Once the state portion is satisfied, the restitution payments should

be split between the Small Business Administration and Workforce West Virginia (federal portion) until the full
restitution amount is satisfied.

Apologies for the delay in responding.

Thanks,

Andrew J, Tessman
Assistant United States Allorney

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