Sentencing Memorandum of the United States — U.S. v. Lomax

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U.S. District Court, Southern District of West Virginia · No. 2:25-cr-00057 · Doc. 25 · 2025-07-24 · Docket on CourtListener

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UNITED STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
             CRIMINAL NO. 2:25-cr-00057 
 
 
JAMES LOMAX 
 
  
SENTENCING MEMORANDUM OF THE UNITED STATES 
The government requests that this Court sentence defendant James Lomax to a guideline 
sentence of imprisonment, 3 years of supervised release, $13,312 in restitution, and a $100 special 
assessment.  
I. 
Offense of Conviction and Statutory Penalties. 
 
On April 23, 2025, defendant James Lomax pleaded guilty to 18 U.S.C. § 641 
(embezzlement, theft or conversion of public money or property). As indicated in the PSR, Section 
641 carries a maximum sentence of ten years of imprisonment, a $250,000 fine, three years of 
supervised release, $100 special assessment, and an order of restitution. 
II. 
The United States Sentencing Guidelines. 
The U.S. Probation Office properly calculated the total offense level as 6, see PSR ¶ 33, 
and the Criminal History Category as II. See PSR ¶ 40. Based on these calculations, Lomax’s 
advisory guideline range of imprisonment is 1-7 months. See PSR ¶ 62. 
 
 
 
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III. 
The Statutory Sentencing Factors. 
A. 
The nature and circumstances of the offense.  
 
 
As detailed in the PSR, Lomax was a sales associate with Charleston Suzuki in St. Albans, 
West Virginia, prior to the COVID-19 pandemic. When the COVID-19 pandemic began in March 
2020, Lomax was laid off, and he properly applied for unemployment benefits from Workforce 
West Virginia on March 24, 2020. Following his initial approval for $424 in weekly 
unemployment benefits, Lomax was required to log on to the Workforce West Virginia website 
and re-certify his eligibility for continued unemployment benefits, including certifying that he was 
not employed and was actively searching for work, among other certifications. 
 
Lomax returned to work at Charleston Suzuki on April 18, 2020. By this time, Lomax was 
receiving an additional $600 per week authorized under the Federal Pandemic Unemployment 
Compensation (FPUC) program, which was part of the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act. This raised Lomax’s weekly unemployment benefits to $1,024 per week. 
After returning to work, Lomax continued to log on to the Workforce West Virginia website for 
thirteen consecutive weeks to fraudulently recertify his eligibility for unemployment benefits. 
Lomax’s fraudulent certifications resulted in a loss of $13,312 to Workforce West Virginia and 
FPUC. 
 
Lomax’s sentence should reflect the nature and circumstances of his serious offense 
conduct. This was not a one-time lapse of judgment or “spur of the moment” type offense. Rather, 
the offense conduct was pervasive, spanning thirteen straight weeks of false certifications, which 
were designed to deceive WorkForce West Virginia into paying out unemployment funds that 
Lomax was not entitled to following his return to employment at Charleston Suzuki. 
 
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B. 
History and characteristics of the defendant. 
 
 
In 2010, Lomax was convicted in Putnam County, West Virgini of sexual abuse in the third 
degree after being indicted for having sexual intercourse with a 12-year-old when he was 18 years 
old. PSR ¶ 35. He was originally sentenced to 90 days’ suspended sentence and two years’ 
probation, but his probation was revoked shortly thereafter for failing to register as a sex offender. 
PSR ¶¶ 35-36. Lomax also has pending charges for failing to register as a sex offender and driving 
on a suspended/revoked license. PSR ¶¶ 44-45. 
C. 
Specific deterrence. 
 
The need for the sentence to provide specific deterrence to this particular defendant also 
weighs heavily in favor of a term of incarceration. Lomax’s conduct in this case, as well as his 
unrelated past involvements with the law, demonstrate a troubling pattern of flaunting rules that 
apply equally to others and an intentional disregard of court ordered consequences flowing from 
his own conduct. Because it appears he lacks respect for the law, a sentence of incarceration is 
needed to specifically deter Lomax from the commission of further crimes. 
D. 
General deterrence. 
 
In imposing a sentence in this case, this Court’s sentence should also send a message to 
others throughout West Virginia (and the United States) engaged in or considering engaging in 
unemployment compensation fraud. Lomax took advantage of a system that was designed to help 
vulnerable people during a pandemic to personally benefit himself. The type of fraud that Lomax 
engaged in puts stress on the entire unemployment compensation system and made it more difficult 
for legitimate claimants to receive funds during a time of need.  
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A guideline sentence of imprisonment will dissuade others from such criminal conduct. 
Even a small period of confinement sends a warning message to others that there are consequences 
for fraudulently taking government money that they are not entitled to receive. 
E. 
The need to provide restitution to victims. 
 
 
Restitution is applicable for this offense. See 18 U.S.C. § 3663A. The amount of restitution 
is $13,312 and is owed to Workforce West Virginia. See PSR ¶¶ 18-20, 118-19. The address is: 
Workforce West Virginia, Integrity Section – 9737, Attn: Andy Osborne, PO Box 2393, 
Charleston, WV 25301.  
IV. 
Conclusion 
A sentence of imprisonment within the sentencing guideline range is sufficient, but not 
greater than necessary, to meet the goals of sentencing. The United States does not anticipate 
calling witnesses at the hearing. It estimates that the hearing will take 30 minutes. 
 
Respectfully submitted, 
 
LISA G. JOHNSTON 
Acting United States Attorney 
 
 
 
 
 
 
 
By: 
/s/Andrew J. Tessman              
ANDREW J. TESSMAN 
Assistant United States Attorney 
WV State Bar No. 13734 
300 Virginia Street, East, Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
 
 
Fax: 304-347-5104 
E-mail: andrew.tessman@usdoj.gov 
 
 
 
 
 
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CERTIFICATE OF SERVICE 
 
It is hereby certified that the foregoing “SENTENCING MEMORANDUM OF THE 
UNITED STATES” has been electronically filed and service has been made on opposing counsel 
by virtue of such electronic filing this 24th day of July, 2025. 
 
 
 
 
/s/Andrew J. Tessman              
Assistant United States Attorney 
     
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