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Home Source documents Government’s Sentencing Memorandum — United States v. Semaje Reffigee, No. 22-cr-20355 (Dkt. 25, E.D. Mich.)

Government’s Sentencing Memorandum — United States v. Semaje Reffigee, No. 22-cr-20355 (Dkt. 25, E.D. Mich.)

Summary

Federal prosecutors in the Eastern District of Michigan recommend 27 months in prison for Semaje Reffigee, a contractor for the Michigan Unemployment Insurance Agency who pleaded guilty to conspiracy to commit wire fraud. The memorandum says that Reffigee, hired in October 2020 to handle the influx of claims, removed fraud stops on Pandemic Unemployment Assistance claims and extended and increased payments on others in exchange for kickback payments, while also collecting benefits in Reffigee's own name. The memorandum puts the loss to Michigan at approximately $313,497.00 and lists $125,000 on claims with payment stops removed, $150,000 on claims extended or increased and $9,000 on Reffigee's own claims. The government notes that Reffigee accepted responsibility early and that this is a first conviction. The memorandum was filed July 10, 2023, before Hon. Matthew F. Leitman.

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Full text

Case 2:22-cr-20355-MFL-EAS ECF No. 25, PageID.123 Filed 07/10/23 Page 1 of 8




                        United States District Court
                        Eastern District of Michigan
                             Southern Division

United States of America

          Plaintiff,

                                               No. 22-cr-20355

v.                                             Hon. Matthew F. Leitman

Semaje Reffigee,

          Defendant,


                  Government’s Sentencing Memorandum


     I.      Introduction

          At the height of the Covid-19 pandemic, Defendant Semaje Reffigee

abused her position of authority as an employee of the Michigan

Unemployment Insurance Agency (MUIA) to (a) resume payments on

claims that the state system had marked as fraudulent, (b) extend the

payment period on claims, and (c) increase the amount to be paid on

claims in exchange for kickback payments. In the midst of her

employment for the very agency responsible for unemployment insurance

benefits, Reffigee herself collected unemployment benefits. Reffigee’s


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actions resulted in a loss of $313,497.00 to the State of Michigan. Reffigee

pled guilty to conspiracy to commit wire fraud, in violation of 18 U.S.C.

§§ 1343; 1349. For the reasons stated in this memorandum, the

government recommends that a sentence at the bottom of the guidelines

is “sufficient, but not greater that necessary, to comply with the purpose

of sentencing set forth in 18 U.S.C. § 3553(a).” United States v. Vowell,

516 F.3d 503, 512 (6th Cir. 2008).

  II.     Facts and Procedural History

        In October 2020, Reffigee began working for the state of Michigan’s

Unemployment Insurance Agency (MUIA) as a contractor in a telework

capacity to address the influx of Pandemic Unemployment Assistance

(PUA) claims filed during the pandemic. (PSR at ¶ 14.) Reffigee took

advantage of her position within MUIA to access claims outside her work

stream that had been flagged as fraudulent, and remove fraud stops that

had been placed on the claims and/or extend the benefit period and

increase the amount paid out on the claims. (PSR at ¶¶ 13, 15.) Reffigee

received kickback payments in exchange for modifying these claims.

(PSR at ¶¶ 17, 72.) Reffigee had no legitimate reason to access or approve

these claims. (PSR at ¶ 15.)


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     Reffigee also applied for and collected unemployment insurance

benefits in her own name during the period that she was gainfully

employed with MUIA – the very agency responsible for properly

outlaying PUA funds. (PSR at ¶ 16.)

     Reffigee’s actions resulted in a loss to the State of Michigan of

approximately $313,497.00.


   $125,000 on claims Reffigee altered by removing payment stops on

     claims that that MUIA system had detected as fraudulent;

   $150,000 on claims that Reffigee manipulated to extend the benefit

     period and increase the amount due to be paid; and

   $9,000 on claims that Reffigee filed in her own name while gainfully

     employed at MUIA.

(PSR at ¶¶ 15-18.)

  III. Section 3553(a) factors warrant a guideline sentence.

     The Supreme Court has noted that, in formulating the Sentencing

Guidelines, the U.S. Sentencing Commission’s goal is to carry out the

objectives set out in 18 U.S.C § 3553(a). United States v. Rita, 511 U.S.

338 (2007). While advisory in nature, the Guidelines remain an


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important factor in fashioning a just and right sentence. This is because

“it is fair to assume that the Guidelines, insofar as practicable, reflect a

rough approximation of sentences that might achieve sections 3553(a)’s

objectives.” Id. at 350. Moreover, the guidelines “should be the starting

point and the initial benchmark” for choosing a defendant’s sentence.

Gall v. United States, 553 U.S. 38, 49 (2007).

        a. The nature and Circumstances of the offense.

     Reffigee’s actions frustrated the federal government and State of

Michigan’s attempts to support unemployed Americans who lost their

jobs during the Covid-19 pandemic. Reffigee took advantage a unique

historical moment that required the government to take rapid action

during an unprecedented crisis. There was a finite pool of money

available to struggling individuals and small businesses. Fraudulent

claims like those filed and modified by Reffigee (a) decreased the amount

of money available to those who were legitimately entitled to benefits, (b)

bogged down state unemployment systems generally – causing delays in

payment processing for those legitimately entitled to benefits, and (c)

undermined public trust in the necessity and efficacy of crucial




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government programs intended to help unemployed Americans at their

most vulnerable.

      Reffigee’s conduct is particularly notable given that she abused her

position of authority with the State of Michigan to further these

fraudulent claims in exchange for kickback payments. Reffigee’s conduct

and self-enrichment did not stop there. While employed with MUIA, she

collected $9,000 in unemployment insurance funds that she was not

entitled to receive.

         b. The history and characteristics of the defendant.

      To her credit, Reffigee accepted responsibility for this offense early

on in this case. She also demonstrated understanding of her misconduct

and remorse in her statements to Probation. (PSR at ¶ 40.) This is also

her first conviction.

         c. Seriousness of the offense, promotion of respect for
            the law, and just punishment for the offense.

      This is a very serious offense. Fraudulent claims for Covid-19

benefits took money away from vulnerable citizens legitimately entitled

to those funds after losing employment as a result of the pandemic. Filing

fraudulent claims undermined faith in the government’s ability to help


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those who genuinely needed assistance. Reffigee’s conduct is even more

serious given that she took the additional steps of filing her own claims

while employed with the MUIA and abused her employment to cause

additional claims on over 35 fraudulent claims. A sentence at the bottom

of the guidelines would reflect the seriousness of this offense.

     A sentence at the bottom of the guidelines would also promote

respect for the law and provide just punishment for Reffigee. According

to JSIN, over the last five years, 90% of the 707 defendants with a

primary guideline under section 2B1.1, final offense level of 18, and

criminal history category of I received a sentence of imprisonment. (PSR

¶ 80.) Per JSIN, the average length of imprisonment for these 633

defendants was 19 months, while the median length of imprisonment was

20 months. (Id.) This data from JSIN does not delineate defendants

sentenced for pandemic related fraud, which may be viewed as a

particularly exploitative offense.

        d. Adequate deterrence and protection of the public.

     A bottom of the guidelines sentence is appropriate to deter Reffigee

from committing additional crimes. The public also deserves to be free




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from fraud in public assistance programs, and bad actors in state

government.

  IV.   Conclusion

  Pursuant to the reason stated above, the government recommends a

sentence of 27 months imprisonment.

                                                   Respectfully submitted,
                                                            Dawn N. Ison
                                                   United States Attorney

                                                    s/ Sarah Youngblood
                                         Assistant United States Attorney
                                           211 W. Fort Street, Suite 2001
                                                        Detroit, MI 48226
                                             Sarah.Youngblood@usdoj.gov
                                                           (313) 226-9581
                                                      Bar No. IL 6324888
  Dated: July 10, 2023




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                      CERTIFICATE OF SERVICE

     I hereby certify that on July 10, 2023, I electronically filed the

  foregoing document with the Clerk of the Court using the ECF

  system which will send notification of such filing all counsel of record

  via electronic mail.

                                                    s/ Sarah Youngblood
                                                    Sarah Youngblood
                                                    Assistant United
                                                    States Attorney




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