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Defendant Addendum to Motion to Dismiss — United States v. Tran (Dkt. 33, D. Mass.)

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The defendant's addendum to a motion to dismiss in United States v. Dean Tran (D. Mass., No. 23-cr-10299-FDS), filed April 24, 2024 as Document 33, attaches the agreement between the State of Massachusetts and the U.S. Department of Labor implementing the Relief for Workers Affected by Coronavirus Act (Public Law 116-136). Richard Jeffers, Director, signed for the state on March 28, 2020. The Massachusetts State Workforce Agency agrees to pay benefits, keep records open to federal audit and return to the Treasury money not needed or used for another purpose. Addenda cover Pandemic Unemployment Assistance (Section 2102), payable for weeks of unemployment beginning on January 27, 2020; the additional $600 a week of Federal Pandemic Unemployment Compensation (Section 2104); the first waiting week (Section 2105); and Pandemic Emergency Unemployment Compensation (Section 2107).

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Filed April 24, 2024 in Dean Tran; one of 10 filings from this case.

Record facts

Court	U.S. District Court for the District of Massachusetts
Filed	2024-04-24

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“Defendant Addendum to Motion to Dismiss — United States v. Tran (Dkt. 33, D. Mass.).” U.S. District Court for the District of Massachusetts, No. 1:23-cr-10299, Doc. 33, filed 2024-04-24. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-dean-a-tran/2024-04-24-defendant-addendum-to-motion-to-dismiss-dkt-33/, SHA-256 d3a2489904fbf50d17ed5cff7284f6a8e1c1e8bd4b2598ce15f4801a2287af01.

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Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 1 of 12

United States v. Dean Tran
Docket No. 23-cr-10299-FDS

Defendant Addendum to Motion to Dismiss

Agreement of Commonwealth with Department of Labor for the Administration of the
Pandemic Unemployment Assistance program.

Certificate of Service
I, Michael Walsh, hereby certify that a copy of this Addendum was served upon all
participating parties through the ECF/CM system on this 4/24/24.
/S/ Michael Walsh

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 2 of 12

Agreement Implementing the
Relief for Workers Affected by Coronavirus Act

AGREEMENT BETWEEN
THE STATE OF MASSACHUSETTS
AND

THE SECRETARY OF LABOR, U.S. DEPARTMENT OF LABOR

The Secretary of Labor, U.S. Department of Labor, and the State of Massachusetts , in order
to carry out the provisions of the Relief for Workers Affected by Coronavirus Act
(Public Law 116-136), hereinafter referred to as the "Act," hereby agree as follows:

I. The Massachusetts State Workforce Agency, hereinafter referred to as the
"Agency," will make payments of benefits in accordance with the provisions of the Act
identified in paragraph XIV, and any future amendments thereto (which are incorporated
herein by reference), and will cooperate with the U.S. Department of Labor (Department
of Labor), and with other state agencies in making such payments.

II. The Agency and other state officials concerned will perform all of the
functions and duties undertaken pursuant to the provisions of the Act identified in
paragraph XIV in accordance with the terms of this Agreement, and all guidance or
operating instructions issued by the Department of Labor.

III. This Agreement will immediately terminate with respect to any of the
provisions of the Act identified in paragraph XIV and no further benefits will be payable
under such provision or provisions of the Act identified in paragraph XIV, upon the
Department of Labor's determination that the state did not comply with all of the
requirements of such provision or provisions of the Act identified in paragraph XIV, or any
applicable guidance or operating instructions issued by the Department of Labor.

IV. The Agency will maintain such records pertaining to the administration of
each provision of the Act identified in paragraph XIV as the Department of Labor requires,
and will make all such records available for inspection, examination, and audit by such
federal officials or employees as the Department of Labor may designate or as may be
required by law.

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 3 of 12

V. The Agency will furnish to the Department of Labor such information and reports
as the Department of Labor determines are necessary or appropriate for carrying out the
purposes of the p r o v i s i o n s o f t h e Act identified in paragraph XIV

VI. Payments to States.

A. The Agency will be paid from time to time, in advance, the amount of the
estimated cost of the benefits to be paid or reimbursed the amount of
benefits already paid by the Agency under this Agreement regarding the
provisions of the Act identified in paragraph XIV. This amount may be
reduced or increased by any amount which the Secretary of Labor finds
that the prior estimate for any calendar month was greater or less than the
amount which should have been paid to the State. Such estimates may be
made upon the basis of such statistical, sampling, or other m ethod as may
be agreed upon by the Department of Labor and the Agency.

B. The Agency also will be paid, from funds appropriated for such
purpose, the amounts the Department of Labor determines to be
necessary in the state for the proper and efficient administration of the
provisions of the Act identified in paragraph XIV under this Agreement.

VII. The Agency will use all money paid to the state pursuant to this agreement
for the payment of benefits, and related administrative costs, for the
purpose for which the money was paid to the state, and will return to the
United States Treasury, upon request of the Department of Labor, any
such money (a) if the Department of Labor finds that the money is not
needed for such purpose or that the money has been used for a purpose
other than that for which it was paid, or (b) on termination of this
Agreement. The “Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards at 2 CFR Part 200 apply to
funds distributed under this Agreement. Additionally, the Notice of
Award issued will include other terms and conditions that may be
applicable to these grants.

VIII. Consistent with the requirements of the provisions identified in paragraph
XIV, and the related addenda, the Agency will take such action as reasonably may be
necessary to recover for the account of the United States all benefit amounts erroneously
paid and restore any lost or misapplied funds paid to the state for benefits or the
administration of this Agreement.

IX. To the extent that agencies of the state obtain bonds to protect funds of the
state, the Agency will obtain bonds to protect funds made available to it for the payment
of benefits and the costs of administration of this Agreement. The pro rata cost of such
bonds shall be considered a necessary cost of the administration. If under state law the

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 4 of 12

state acts as a self-insurer of state funds and does not obtain bonds to protect them, the
Agency shall so inform the Department of Labor in writing and in such case the state will
act as a self-insurer with respect to funds which are paid to the state under this
Agreement.

X. The Agency will apply the methods of administration required by section
303(a)(l) of the Social Security Act (42 U.S.C. 503(a)(l)) to the functions undertaken
pursuant to this Agreement.

XI. This Agreement with respect to any of the provisions identified in paragraph
XIV may be terminated by either party on thirty days' written notice. If the Agreement is
terminated with respect to any of the provisions identified in paragraph XIV of this
Agreement, the Agency will process and pay benefits for all weeks of unemployment which
end prior to the date of termination for which such payments are due.

XII. A state may enter into a subsequent Agreement with respect to any additional
provisions identified in paragraph XIV that were not included in a prior Agreement.

XIII.This Agreement shall be effective when both parties have signed it.

XIV. This Agreement applies to the provisions in the Act that the State agrees to
implement by checking the box below. By checking the box, the State agrees to participate
in the provision’s program and abide by the requirements in the statute, operating
instructions and guidance, and program-specific addendum attached to this Agreement:

 Pandemic Unemployment Assistance (Section 2102), Addendum No. 1
 Emergency Unemployment Relief For Governmental Entities And Nonprofit
Organizations (Section 2103)
 Emergency Increase in Unemployment Compensation Benefits - Federal
Pandemic Unemployment Compensation (Section 2104), Addendum No. 2
 Temporary Full Federal Funding Of The First Week Of Compensable Regular
Unemployment For States With No Waiting Week (Section 2105), Addendum
No. 3
 Pandemic Emergency Unemployment Compensation (Section 2107),
Addendum No. 4

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 5 of 12

____________________________________
John P. Pallasch Date
Assistant Secretary for
Employment and Training
U.S. Department of Labor
By Richard Jeffers March 28, 2020
(State Signatory) Date

Director
(Title)

DATE: March 28, 2020

For the State of: Massachusetts

CERTIFICATION OF AUTHORITY

NAME:____________________________________

TITLE:____________________________________

I hereby certify that the above-named person has the authority under the Constitution and
laws of this state to sign this Agreement on behalf of the state.

_______________________________________
Signature
_______________________________________
Title

_______________________________________
Date

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 6 of 12

Addendum No. 1
Pandemic Unemployment Assistance
The state of Massachusetts agrees to follow the requirements of section 2102 of the Relief for
Workers Affected by Coronavirus Act, including the following:
I. For purposes of administering Pandemic Unemployment Assistance, except where
contrary to the statute or operating instructions or guidance, the state will administer
the program in accordance with the Disaster Unemployment Assistance regulations at
20 CFR Part 625, including follow the provisions for fraud and overpayments.

II. Pandemic Unemployment Assistance is payable for weeks of unemployment
beginning on January 27, 2020.

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 7 of 12

Addendum No. 2
Emergency Increase in Unemployment Compensation Benefits –
Federal Pandemic Unemployment Compensation
The state of Massachusetts agrees to follow the requirements of section 2104 of the Relief for
Workers Affected by Coronavirus Act, including the following:
I. Federal Pandemic Unemployment Compensation – The state agrees to make payments of
regular compensation to individuals in amounts and to the extent that they would be
determined if the state law were applied, with respect to any week for which the
individual is otherwise entitled under the state law to receive regular compensation, as if
such state law had been modified in a manner such that the amount of regular
compensation (including dependents’ allowances) payable for any week is equal to the
amount determined under state law plus an additional amount of $600.

II. Allowable Methods of Payment – Any Federal Pandemic Unemployment Compensation
shall be payable either—as an amount which is paid at the same time and in the same
manner as any regular compensation otherwise payable for the week involved; or made
separately from, but on the same weekly basis as, any regular compensation otherwise
payable.

III. Non-reduction Rule – The state will not modify its state law, regulations, or policies in a
manner such that the number of weeks (the maximum benefit entitlement), or the average
weekly benefit amount, of regular compensation which will be payable during the period
of the agreement (determined disregarding any Federal Pandemic Unemployment
Compensation) will be less than the number of weeks, or the average weekly benefit
amount, of the average weekly benefit amount of regular compensation which would
otherwise have been payable during such period under the state law, as in effect on
January 1, 2020.

a. For purposes of this provision, maximum benefit entitlement means the amount of
regular unemployment compensation payable to an individual with respect to the
individual’s benefit year.

IV. Fraud and Overpayments – If an individual knowingly has made, or caused to be made by
another, a false statement or representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an amount of
Federal Pandemic Unemployment Compensation to which such individual was not
entitled, such individual—

a. Shall be ineligible for further Federal Pandemic Unemployment Compensation in
accordance with the provisions of the applicable state unemployment
compensation law relating to fraud in connection with a claim for unemployment
compensation; and

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 8 of 12

b. Shall be subject to prosecution under section 1001 of title 18, United States Code.

V. Repayment –In the case of individuals who have received amounts of Federal Pandemic
Unemployment Compensation to which they were not entitled, the state shall require
such individuals to repay the amounts of such Federal Pandemic Unemployment
Compensation to the state agency, except that the state agency may waive such
repayment if it determines that –

a. The payment of such Federal Pandemic Unemployment Compensation was
without fault on the part of any such individual; and

b. Such repayment would be contrary to equity and good conscience.

VI. Recovery by State Agency – The state agency shall recover the amount to be repaid, or
any part thereof, by deductions from any Federal Pandemic Unemployment
Compensation payable to such individual or from any unemployment compensation
payable to such individual under any state or Federal unemployment compensation law
administered by the state agency or under any other state or Federal law administered by
the state agency which provides for the payment of any assistance or allowance with
respect to any week of unemployment, during the 3-year period after the date such
individuals received the payment of the Federal Pandemic Unemployment Compensation
to which they were not entitled, in accordance with the same procedures as apply to the
recovery of overpayments of regular unemployment benefits paid by the state.

VII. Opportunity for Hearing – No repayment shall be required, and no deduction shall be
made, until a determination has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination has become final.

VIII. Review – Any determination by a state agency under this addendum shall be subject to
review in the same manner and to the same extent as determinations under the state
unemployment compensation law, and only in that manner and to that extent.

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 9 of 12

Addendum No. 3
Temporary Full Federal Funding of the First Week of Compensable Regular
Unemployment for States with No Waiting Week
The state of Massachusetts agrees to follow the requirements of section 2105 of the Relief for
Workers Affected by Coronavirus Act, including the following:
I. Fraud and Overpayments – If an individual knowingly has made, or caused to be made by
another, a false statement or representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received payment for the
waiting week to which such individual was not entitled, such individual shall be subject
to prosecution under section 1001 of title 18, United States Code.

II. Repayment –In the case of individuals who have received payment for the waiting week
to which they were not entitled, the state shall require such individuals to repay the
waiting week payment to the state agency, except that the state agency may waive such
repayment if it determines that –
a. The payment of such waiting week amounts was without fault on the part of any
such individual; and
b. Such repayment would be contrary to equity and good conscience.

III. Recovery by State Agency – The state agency shall recover the amount to be repaid, or
any part thereof, by deductions from any unemployment compensation payable to such
individual under any state or Federal unemployment compensation law administered by
the state agency or under any other state or Federal law administered by the state agency
which provides for the payment of any assistance or allowance with respect to any week
of unemployment, during the 3-year period after the date such individuals received the
payment of the waiting week to which they were not entitled, in accordance with the
same procedures as apply to the recovery of overpayments of regular unemployment
benefits paid by the state.

IV. Opportunity for Hearing – No repayment shall be required, and no deduction shall be
made, until a determination has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination has become final.

V. Review – Any determination by a state agency under this addendum shall be subject to
review in the same manner and to the same extent as determinations under the state
unemployment compensation law, and only in that manner and to that extent.

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 10 of 12

Addendum No. 4
Pandemic Emergency Unemployment Compensation
The state of Massachusetts agrees to follow the requirements of section 2107 of the Relief for
Workers Affected by Coronavirus Act, including the following:
I. The state will make payments of Pandemic Emergency Unemployment
Compensation to individuals who –

a. Have exhausted all rights to regular compensation under the state law or under
Federal law with respect to a benefit year (excluding any benefit year that ended
before July 1, 2019);

b. Have no rights to regular compensation with respect to a week under such law or
any other state unemployment compensation law or to compensation under any
other Federal law;

c. Are not receiving compensation with respect to such week under the
unemployment compensation law of Canada; and

d. Are able to work, available to work, and actively seeking work.

II. For purposes of I.a., an individual has exhausted all rights to regular compensation
under a state law when –

a. No payments of regular compensation can be made under such law because such
individual has received all regular compensation available to such individual
based on employment or wages during such individual’s base period; or

b. Such individual’s rights to such compensation have been terminated by reason of
the expiration of the benefit year with respect to which such rights existed.

III. For purposes of section I.d., the term actively seeking work means that an individual
–

a. Is registered for employment services in such a manner and to such extent as
prescribed by the state agency;

b. Has engaged in an active search for employment that is appropriate in light of the
employment available in the labor market, the individual’s skills and capabilities,
and includes a number of employer contacts that is consistent with the standards
communicated to the individual by the state;

c. Has maintained a record of such work search, including employers contacted,
method of contact, and date contacted; and

d. When requested, has provided such work search record to the state agency.

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 11 of 12

IV. Flexibility – The state will provide flexibility in meeting the requirement in III. if an
individual is unable to search for work because of COVID-19, including because of
illness, quarantine, or movement restriction.

V. Non-reduction Rule – The state will not modify its state law, regulations, or policies
in a manner such that the number of weeks (the maximum benefit entitlement), or the
average weekly benefit amount, of regular compensation which will be payable
during the period of the agreement will be less than the number of weeks, or the
average weekly benefit amount, of the average weekly benefit amount of regular
compensation which would otherwise have been payable during such period under
the state law, as in effect on January 1, 2020.

a. For purposes of this provision, maximum benefit entitlement means the amount of
regular unemployment compensation payable to an individual with respect to the
individual’s benefit year.

VI. Fraud and Overpayments – If an individual knowingly has made, or caused to be made by
another, a false statement or representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an amount of
Pandemic Emergency Unemployment Compensation to which such individual was not
entitled, such individual—

a. Shall be ineligible for further Pandemic Emergency Unemployment
Compensation in accordance with the provisions of the applicable state
unemployment compensation law relating to fraud in connection with a claim for
unemployment compensation; and

b. Shall be subject to prosecution under section 1001 of title 18, United States Code.

VII. Repayment –In the case of individuals who have received amounts of Pandemic
Emergency Unemployment Compensation to which they were not entitled, the state shall
require such individuals to repay the amounts of Pandemic Emergency Unemployment
Compensation to the state agency, except that the state agency may waive such
repayment if it determines that –

a. The payment of such Pandemic Emergency Unemployment Compensation was
without fault on the part of any such individual; and

b. Such repayment would be contrary to equity and good conscience.

VIII. Recovery by State Agency – The state agency shall recover the amount to be repaid, or
any part thereof, by deductions from any Pandemic Emergency Unemployment
Compensation payable to such individual or from any unemployment compensation
payable to such individual under any state or Federal unemployment compensation law
administered by the state agency or under any other state or Federal law administered by
the state agency which provides for the payment of any assistance or allowance with

Case 1:23-cr-10299-FDS Document 33 Filed 04/24/24 Page 12 of 12

respect to any week of unemployment, during the 3-year period after the date such
individuals received the payment of the Federal Pandemic Unemployment Compensation
to which they were not entitled, in accordance with the same procedures as apply to the
recovery of overpayments of regular unemployment benefits paid by the state.

IX. Opportunity for Hearing – No repayment shall be required, and no deduction shall be
made, until a determination has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination has become final.

X. Review – Any determination by a state agency under this addendum shall be subject to
review in the same manner and to the same extent as determinations under the state
unemployment compensation law, and only in that manner and to that extent.

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