United States v. James Lomax — U.S. District Court, S.D. W. Va.

Case summary

James Lomax was charged by information on May 29, 2024 in the U.S. District Court for the Southern District of West Virginia, No. 2:25-cr-00057, and pleaded guilty on April 23, 2025 to the single count, theft of public money, property or records under 18 U.S.C. § 641, with the offense ended July 18, 2020. The government's sentencing memorandum states that he was a sales associate at a car dealership, was laid off when the pandemic began in March 2020, applied for unemployment benefits from Workforce West Virginia on March 24, 2020 and was approved for $424 a week. An order of forfeiture of April 28, 2025 records a money judgment of $13,312.00. Sentence was imposed August 14, 2025: thirty-six months' probation and restitution of $13,312.00.

Case at a glance

What did the government ask for?

Its sentencing memorandum requested a guideline sentence of imprisonment, three years of supervised release, $13,312 in restitution and a $100 special assessment, noting that § 641 carries a maximum of ten years' imprisonment, a $250,000 fine, three years of supervised release, a $100 special assessment and an order of restitution, and that the probation office calculated the total offense level as 6.

What do the sentencing filings say about the benefits?

The government's memorandum states that Lomax was laid off from Charleston Suzuki in St. Albans, West Virginia when the pandemic began and properly applied for unemployment benefits on March 24, 2020, approved at $424 a week. The defense memorandum states that he returned to work at the dealership but continued to collect the benefits.

What was forfeited?

A forfeiture money judgment of $13,312.00 in United States currency, sought in the information's forfeiture allegation under 18 U.S.C. §§ 981 and 982 or 28 U.S.C. § 2461 and entered by consent on April 28, 2025.