Indictment — United States v. Donal Lesesne (Northern District of Florida)

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A sealed one-count indictment, Document 1 in United States v. Donal Lesesne, Case 1:24-cr-00018-AW-MAL, filed 07/23/24, in the U.S. District Court for the Northern District of Florida, Gainesville Division, running 6 pages. The introduction explains unemployment insurance, the California Employment Development Department and the federal COVID-19 relief laws, including the CARES Act's Pandemic Unemployment Assistance program. Count One charges wire fraud under Title 18, United States Code, Sections 1343 and 2 for a scheme between about August 2, 2021 and August 25, 2021, in which Lesesne allegedly falsely claimed to have lived and worked in California and obtained approximately $18,604 in California EDD benefits. It adds a criminal forfeiture allegation and ends with a true bill.

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Case 1:24-cr-00018-AW-MAL Document1 Filed 07/23/24 Page1of6

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

UNITED STATES OF AMERICA
SEALED
V. INDICTMENT

DONAL LESESNE | SUCRIS AiO)

THE GRAND JURY CHARGES:

COUNT ONE
A. INTRODUCTION
At all times material to this Indictment:

Unemployment Insurance

1. Unemployment Insurance (“UI”) was a state-federal program that
provided monetary benefits to eligible lawful workers. Although state workforce
agencies (“SWAs”) administered their respective UI programs, they did so in
accordance with federal laws and regulations. UI payments (benefits) were
intended to provide temporary financial assistance to lawful workers who were
unemployed through no fault of their own. Each state set its own additional
requirements for eligibility, benefit amounts, and length of time that benefits were
paid. Generally, UI weekly benefit amounts were based on a percentage of one's

earnings over a base period.
Case 1:24-cr-00018-AW-MAL Document1 Filed 07/23/24 Page2of6

2. UI benefits were generally funded by state employer taxes with
administrative costs funded by the federal government. The UI program required
states to make weekly benefit payments while ensuring claimants met eligibility
requirements.

Bs In the State of California, the Employment Development Department
(“EDD”), based in Sacramento, California, was the SWA that administered the UI
program. Those seeking UI benefits submitted online applications. Applicants had
to answer specific questions to establish eligibility to receive UI benefits, including
their name, SSN, and mailing address, among other things. Applicants also had to
self-certify that they met a COVID-19-related reason for being unemployed,
partially employed, or unable to work. The EDD relied upon the information in
the application to determine UI benefits eligibility. Once an application was
approved, the EDD typically distributed state and federal UI benefits electronically
to a debit card, which was in turn linked to an account opened with Bank of
America, which claimants could use to withdraw funds and/or make purchases.
These debit cards were sent via the U.S. Postal Service to the address the claimant
provided. Claimants could activate their debit card via telephone or online.

Federally-Enacted COVID-19 Pandemic Relief

4, In March 2020, the President signed the Families First Coronavirus

Response Act (“FFCRA”) into law. The FFCRA provided additional flexibility for
2
Case 1:24-cr-00018-AW-MAL Document1 Filed 07/23/24 Page3of6

state UI agencies and additional administrative funding to respond to the COVID-
19 pandemic.

<" The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act
was also signed into law in March 2020. It expanded states’ ability to provide UI
for many workers impacted by COVID-19, including for workers who were not
ordinarily eligible for UI benefits. The CARES Act provided for three new UI
programs: Pandemic Unemployment Assistance (“PUA”); Federal Pandemic
Unemployment Compensation (“FPUC”); and Pandemic Emergency
Unemployment Compensation (“PEUC’”).

6. To further offset the pandemic impact on American workers, on
August 8, 2020, the President authorized the Federal Emergency Management
Agency (“FEMA”) to expend up to $44 billion dollars from the Disaster Relief
Funds for lost wage payments. The President authorized the FEMA Administrator
to provide grants to participating states, territories, and the District of Columbia to
administer delivery of Lost Wages Assistance (“LWA”) to those receiving
unemployment insurance.

7. Thus, extensions and expansions of UI coverage and benefits, such as
those provided by the CARES Act and subsequent legislation, such as FFCRA,

were normally funded by the federal government.
Case 1:24-cr-00018-AW-MAL Document1 Filed 07/23/24 Page4of6

B. THE CHARGE

Between on or about August 2, 2021, and on or about August 25, 2021, in

the Northern District of Florida and elsewhere, the defendant,
DONAL LESESNE,

did knowingly and willfully devise, and intend to devise, a scheme to defraud and
for obtaining money and property by means of material false and fraudulent
pretenses, representations, and promises, and for the purpose of executing such
scheme, did cause wire communications to be transmitted in interstate commerce,
to wit, the electronic submission of a California EDD UI benefits application on
August 2, 2021.

C. SCHEME TO DEFRAUD

It was part of the scheme to defraud that:

l. The Defendant, DONAL LESESNE (“LESESNE”), made and
caused to be made false and fraudulent representations in California EDD UI
benefits applications and in supporting documents submitted to the California EDD
in order to falsely qualify for California EDD UI benefits.

2. Based upon statements which falsely represented that LESESNE had
resided and worked in the State of California and had become unemployed there
due to the COVID-19 pandemic, LESESNE caused the California EDD to issue

UI benefits to him.
Case 1:24-cr-00018-AW-MAL Document1 Filed 07/23/24 Page5of6

3, By this conduct, LESESNE fraudulently obtained approximately
$18,604 from the California EDD to which he was not entitled.
In violation of Title 18, United States Code, Sections 1343 and 2.

CRIMINAL FORFEITURE

The allegations in Count One of this Indictment are hereby realleged and
incorporated by reference for the purpose of alleging forfeiture. From the
defendant’s engagement in the violations alleged in Count One of this Indictment,
the defendant,

DONAL LESESNE,
shall forfeit to the United States of America, pursuant to Title 18, United States
Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c),
upon conviction of an offense in violation of Title 18, United States Code, Sections
1343, any and all of the defendant’s right, title, and interest in any property, real
and personal, constituting and derived from proceeds traceable to such offenses.

If any of the property described above as being subject to forfeiture, as a
result of any act or omission of the defendant:

Is cannot be located upon the exercise of due diligence;

ll. has been transferred or sold to, or deposited with, a third person;

ili. has been placed beyond the jurisdiction of this Court;

iv. has been substantially diminished in value; or

5
Case 1:24-cr-00018-AW-MAL Document1 Filed 07/23/24 Page6of6

V. has been commingled with other property that cannot be divided
without difficulty,
it is the intent of the United States, pursuant to Title 21, United States Code,
Section 853(p), as incorporated by reference in Title 18, United States Code,
Section 982(b)(1), and Title 28, United States Code, Section 2461(c), to seek
forfeiture of any other property of said defendant up to the value of the forfeitable
property.

A TRUE BILL:

JASON R/COODY
United States Attorney

y

DAVID. P. BYRON
Assistant United States Attorney

6


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