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Indictment — United States v. Cynthia Ann Hernandez, Central District of California (Document 1)

Summary

A grand jury Indictment filed September 9, 2022 as Document 1 in United States v. Cynthia Ann Hernandez, aka "Cynthia Roberts," No. 5:22-cr-00217-MCS, in the U.S. District Court for the Central District of California. It alleges that from June 2020 through at least August 2020 the defendant and co-schemers filed unemployment insurance applications with California's Employment Development Department in the names of persons incarcerated in California state prisons, claiming Pandemic Unemployment Assistance under the CARES Act, and had the debit cards mailed to the defendant's address. The indictment states the scheme caused at least approximately 29 fraudulent applications and losses of approximately $515,138. It charges mail fraud under 18 U.S.C. § 1341, access device fraud under 18 U.S.C. § 1029(a)(5) and aggravated identity theft under 18 U.S.C. § 1028A(a)(1).

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Cite this document

“Indictment — United States v. Cynthia Ann Hernandez, Central District of California (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-5-22-cr-00217-dkt-1-c-d-cal-24305a0ff4/, SHA-256 a0d08adad794c5bedcd42efd4b27b20966e801fbd4d7021dacac814ccd84eb9e.

Full text

      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 1 of 12 Page ID #:1



                                                                   9/9/2022
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 8                          UNITED STATES DISTRICT COURT
 9                    FOR THE CENTRAL DISTRICT OF CALIFORNIA
10                               June 2022 Grand Jury
11   UNITED STATES OF AMERICA,               ED CR   5:22-cr-00217-MCS

12             Plaintiff,                    I N D I C T M E N T
13                   v.                      [18 U.S.C. § 1341: Mail Fraud;
                                             18 U.S.C. § 1029(a)(5): Access
14   CYNTHIA ANN HERNANDEZ,                  Device Fraud in Excess of $1,000;
       aka “Cynthia Roberts,”                18 U.S.C. § 1028A(a)(1):
15                                           Aggravated Identity Theft; 18
               Defendant.                    U.S.C. §§ 981, 982 and 1029, and
16                                           28 U.S.C. § 2461(c): Criminal
                                             Forfeiture]
17

18

19        The Grand Jury charges:

20                             COUNTS ONE THROUGH FOUR

21                        [18 U.S.C. §§ 1341, 2(a), 2(b)]

22   A.   INTRODUCTORY ALLEGATIONS
23        At times relevant to this Indictment:
24        1.    California’s Employment Development Department (“EDD”) was

25   the administrator of the unemployment insurance (“UI”) benefits

26   program for the State of California.

27        2.    On March 13, 2020, the President of the United States

28   declared COVID-19 an emergency under the Robert T. Stafford Disaster
      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 2 of 12 Page ID #:2




 1   Relief and Emergency Assistance Act.       As a result, Congress passed

 2   the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”),

 3   which the President signed into law on March 27, 2020.           The CARES Act

 4   provided over $2 trillion in economic relief protections to the

 5   American people from the public health and economic impacts of COVID-

 6   19.

 7         3.     Prior to the enactment of the CARES Act, to be eligible for

 8   UI benefits administered by EDD, a person had to have been employed

 9   and worked in California and received at least a certain amount of

10   wages from an employer in the 18 months preceding his/her UI benefits

11   claim.     Because of this requirement, self-employed workers,

12   independent contractors, and employees with insufficient earnings

13   were not eligible to receive regular UI benefits.

14         4.     The CARES Act established a new program — Pandemic

15   Unemployment Assistance (“PUA”) — to provide UI benefits during the

16   COVID-19 pandemic to people who did not qualify for regular UI

17   benefits, including business owners, self-employed workers,

18   independent contractors, and those with a limited work history, who

19   were out of business or had significantly reduced their services as a

20   direct result of the pandemic.      UI benefits provided under the PUA

21   program were sometimes referred to as PUA benefits.

22         5.     Under the PUA provisions of the CARES Act, a person who was

23   a business owner, self-employed worker, independent contractor, or

24   gig worker could qualify for PUA benefits administered by EDD if

25   he/she previously performed such work in California and was

26   unemployed, partially unemployed, unable to work, or unavailable to

27   work due to a COVID-19-related reason.

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      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 3 of 12 Page ID #:3




 1        6.    Persons applying for PUA benefits did not need to submit

 2   any supporting documents to EDD with their applications.           Claimants

 3   reported their total income for the 2019 calendar year on the

 4   application.    The stated income was used to calculate the benefits to

 5   be paid, which were at least $167 per week.

 6        7.    A PUA benefits claimant was required to answer various

 7   questions on his/her application to establish his/her eligibility for

 8   the benefits.   The claimant was required to provide his/her name,

 9   Social Security Number, and mailing address.         The claimant was also

10   required to identify a qualifying occupational status and COVID-19

11   related reason for being out of work.

12        8.    After it accepted an application for UI benefits, including

13   an application submitted pursuant to the PUA program, EDD typically

14   deposited UI funds every two weeks to an Electronic Bill Payment

15   (“EBP”) debit card administered by Bank of America (“BofA”), which

16   the claimant could use to pay for his/her expenses.          The EBP debit

17   card was mailed via the United States Postal Service from BofA to the

18   claimant at the address the claimant provided as his/her mailing

19   address on his/her UI benefits application.

20   B.   THE SCHEME TO DEFRAUD

21        9.    Beginning no later than June 2020 and continuing through at

22   least August 2020, in San Bernardino County, within the Central

23   District of California, and elsewhere, defendant CYNTHIA ANN

24   HERNANDEZ, also known as “Cynthia Roberts,” together with others

25   known and unknown to the Grand Jury, knowingly and with the intent to

26   defraud, devised, participated in, and executed a scheme to defraud

27   EDD and the United States Treasury as to material matters, and to

28   obtain money and property from EDD and the United States Treasury,
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      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 4 of 12 Page ID #:4




 1   namely, UI benefits, including PUA benefits, by means of material

 2   false and fraudulent pretenses, representations, and promises, and

 3   the concealment of material facts.

 4        10.   The fraudulent scheme operated, in substance, as follows:

 5              a.    Defendant HERNANDEZ and her co-schemers filed and

 6   caused to be filed with EDD fraudulent applications for UI benefits

 7   in the names of other persons, namely, persons incarcerated in

 8   California state prisons.

 9              b.    Defendant HERNANDEZ and her co-schemers falsely stated

10   and represented, and caused to be falsely stated and represented, on

11   the UI benefits applications that were filed with EDD that the named

12   claimants were individuals whose employment had been negatively

13   affected by the COVID-19 pandemic, thereby triggering eligibility for

14   UI benefits under the PUA provision of the CARES Act.

15              c.    Defendant HERNANDEZ and her co-schemers falsely stated

16   and represented, and caused to be falsely stated and represented, on

17   the UI benefits applications that were filed with EDD that the named

18   claimants resided and had worked in the State of California,

19   including in Los Angeles County and Orange County, within the Central

20   District of California.

21              d.    By falsely stating that the named claimants had worked

22   in the State of California, defendant HERNANDEZ and her co-schemers

23   falsely represented and caused to be falsely represented that the

24   named claimants were eligible for UI benefits administered by EDD

25   when, as defendant HERNANDEZ then knew, they were not eligible for

26   such benefits.

27              e.    As a result of the fraudulent UI benefits applications

28   that defendant HERNANDEZ and her co-schemers filed and caused to be
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      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 5 of 12 Page ID #:5




 1   filed, EDD authorized BofA to issue EBP debit cards in the names of

 2   the named claimants.

 3              f.   To ensure that they received the UI benefits that were

 4   paid as a result of the fraudulent applications, defendant HERNANDEZ

 5   and her co-schemers listed and caused to be listed on the

 6   applications for the UI benefits defendant HERNANDEZ’s mailing

 7   address.   Defendant HERNANDEZ knew that, by doing so, defendant

 8   HERNANDEZ and her co-schemers would cause BofA to mail the EBP debit

 9   cards issued to the named claimants to her address, thereby enabling

10   defendant HERNANDEZ and her co-schemers to take possession of the EBP

11   debit cards.

12              g.   After defendant HERNANDEZ received the EBP debit cards

13   issued as a result of the fraudulent UI benefits applications that

14   she and her co-schemers submitted and caused to be submitted to EDD,

15   defendant HERNANDEZ used the debit cards and caused the debit cards

16   to be used to withdraw the UI benefits loaded onto the debit cards by

17   making cash withdrawals at Automated Teller Machines and at banking

18   centers.

19        11.   Through this scheme, defendant HERNANDEZ and her co-

20   schemers caused at least approximately 29 fraudulent applications for

21   PUA benefits to be filed with EDD resulting in losses to EDD and the

22   United States Treasury of approximately $515,138.

23   C.   USE OF THE MAILS

24        12.   On or about the dates set forth below, within the Central

25   District of California and elsewhere, defendant HERNANDEZ and her co-

26   schemers, aiding and abetting each other, for the purpose of

27   executing the above-described scheme to defraud, willfully caused the

28   following items to be placed in an authorized depository for mail
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      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 6 of 12 Page ID #:6




 1   matter to be sent and delivered by the United States Postal Service,

 2   according to the directions thereon:

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 4     COUNT         DATE       ITEM MAILED

 5    ONE          8/5/2020     EBP debit card for an account in the name of
                                J.V. ending in 5503 sent by U.S. Mail from
 6                              BofA to 15486 Guava Way, Victorville, CA
                                93551
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      TWO          8/5/2020     EBP debit card for an account in the name of
 8                              M.G. ending in 9049 sent by U.S. Mail from
                                BofA to 15486 Guava Way, Victorville, CA
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                                93551
10    THREE       8/10/2020     EBP debit card for an account in the name of
                                E.T. ending in 0301 sent by U.S. Mail from
11                              BofA to 15486 Guava Way, Victorville, CA
12                              93551
      FOUR        8/22/2020     EBP debit card for an account in the name of
13                              R.R. ending in 8942 sent by U.S. Mail from
14                              BofA to 15486 Guava Way, Victorville, CA
                                93551
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      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 7 of 12 Page ID #:7



                                       COUNT FIVE
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                               [18 U.S.C. § 1029(a)(5)]
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          13.   The Grand Jury hereby realleges and incorporates by
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     reference paragraphs 1 through 11 of this Indictment as though fully
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     set forth herein.
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          14.   Beginning on or about August 12, 2020, and continuing
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     through on or about September 23, 2020, in San Bernardino County,
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     within the Central District of California, and elsewhere, defendant
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     CYNTHIA ANN HERNANDEZ, also known as “Cynthia Roberts,” with access
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     devices (as defined in Title 18, United States Code, Sections
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     1029(e)(1)) issued to other people, specifically, the following debit
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     card account numbers issued to the persons identified below, knowing
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     and with intent to defraud, effected transactions in and affecting
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     interstate and foreign commerce, and by such conduct obtained things
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     of value totaling at least $1,000 during a one-year period:
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      UNAUTHORIZED ACCESS DEVICE                       ISSUED TO
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      BofA account number ending in 5503               J.V.
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      BofA account number ending in 0301               E.T.
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      BofA account number ending in 9049               M.G.
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      BofA account number ending in 8942               R.R.
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      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 8 of 12 Page ID #:8



                                   COUNTS SIX AND SEVEN
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                          [18 U.S.C. §§ 1028A(a)(1), 2(a), 2(b)]
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            15.   The Grand Jury hereby realleges and incorporates by
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     reference paragraphs 1 through 11 of this Indictment as though fully
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     set forth herein.
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            16.   On or about the dates set forth below, in San Bernardino
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     County, within the Central District of California, and elsewhere,
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     defendant CYNTHIA ANN HERNANDEZ, also known as “Cynthia Roberts,” and
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     others known and unknown to the Grand Jury, each aiding and abetting
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     the others, knowingly transferred, possessed and used, and willfully
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     caused to be transferred, possessed, and used, without lawful
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     authority, the means of identification set forth below that defendant
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     HERNANDEZ knew belonged to another person, during and in relation to
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     the commission of the following felony offenses:
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       COUNT       DATE            MEANS OF IDENTIFICATION    FELONY VIOLATION
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      SIX          7/20/2020       Name and Social            COUNT ONE, in
17                                 Security Number of J.V.    violation of Title
                                                              18, United States
18                                                            Code, Section 1343
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20    SEVEN        8/12/2020       BofA account numbers       COUNT FIVE, in
                   through         assigned to J.V., E.T.,    violation of Title
21                 9/23/2020       M.G., and R.R.             18, United States
                                                              Code, Section
22                                                            1029(a)(5)
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      Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 9 of 12 Page ID #:9




 1                            FORFEITURE ALLEGATION ONE

 2             [18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)]

 3        1.    Pursuant to Rule 32.2 of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States of America

 5   will seek forfeiture as part of any sentence, pursuant to Title 18,

 6   United States Code, Sections 981(a)(1)(C) and 924 and Title 28,

 7   United States Code, Section 2461(c), in the event of the defendant’s

 8   conviction of the offenses set forth in any of Counts One through

 9   Four and Six of this Indictment.

10        2.    The defendant, if so convicted, shall forfeit to the United

11   States of America the following property:

12              (a)   All right, title and interest in any and all property,

13   real or personal, constituting, or derived from, any proceeds

14   traceable to any such offense;

15              (b)   All right, title, and interest in any firearm or

16   ammunition involved in or used in or used in any such offense; and

17              (c)   To the extent such property is not available for

18   forfeiture, a sum of money equal to the total value of the property

19   described in subparagraphs (a) and (b).

20        3.   Pursuant to Title 21, United States Code, Section 853(p), as

21   incorporated by Title 28, United States Code, Section 2461(c), the

22   defendant, if so convicted, shall forfeit substitute property, up to

23   the total value of the property described in the preceding paragraph

24   if, as the result of any act or omission of the defendant, the

25   property described in the preceding paragraph, or any portion

26   thereof: (a) cannot be located upon the exercise of due diligence;

27   (b) has been transferred, sold to or deposited with a third party;

28   (c) has been placed beyond the jurisdiction of the court; (d) has
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 1   been substantially diminished in value; or (e) has been commingled

 2   with other property that cannot be divided without difficulty.

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     Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 11 of 12 Page ID #:11




 1                            FORFEITURE ALLEGATION TWO

 2                           [18 U.S.C. §§ 982 and 1029]

 3        1.    Pursuant to Rule 32.2(a) of the Federal Rules of Criminal

 4   Procedure, notice is hereby given that the United States will seek

 5   forfeiture as part of any sentence, pursuant to Title 18, United

 6   States Code, Sections 982(a)(2) and 1029, in the event of the

 7   defendant’s conviction of the offenses set forth in either of Counts

 8   Five or Seven of this Indictment.

 9        2.    The defendant, if so convicted, shall forfeit to the United

10   States of America the following:

11              (a)   All right, title, and interest in any and all

12   property, real or personal, constituting, or derived from, any

13   proceeds obtained, directly or indirectly, as a result of the

14   offense;

15              (b)   Any personal property used or intended to be used to

16   commit the offense; and

17              (c)   To the extent such property is not available for

18   forfeiture, a sum of money equal to the total value of the property

19   described in subparagraphs (a) and (b).

20        3.    Pursuant to Title 21, United States Code, Section 853(p),

21   as incorporated by Title 18, United States Code, Sections 982(b)(1)

22   and 1029(c)(2), the defendant, if so convicted, shall forfeit

23   substitute property, up to the total value of the property described

24   in the preceding paragraph if, as the result of any act or omission

25   of the defendant, the property described in the preceding paragraph,

26   or any portion thereof: (a) cannot be located upon the exercise of

27   due diligence; (b) has been transferred, sold to or deposited with a

28   third party; (c) has been placed beyond the jurisdiction of the
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     Case 5:22-cr-00217-MCS Document 1 Filed 09/09/22 Page 12 of 12 Page ID #:12




 1   court; (d) has been substantially diminished in value; or (e) has

 2   been commingled with other property that cannot be divided without

 3   difficulty.
                                          A TRUE BILL
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 5                                             /S/
                                          Foreperson
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     STEPHANIE S. CHRISTENSEN
 7   Acting United States Attorney
 8

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     SCOTT M. GARRINGER
10   Assistant United States Attorney
     Chief, Criminal Division
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     DAVID T. RYAN
12   Assistant United States Attorney
     Deputy Chief, General Crimes Section
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     SOLOMON KIM
14   Assistant United States Attorney
     Terrorism and Export Crimes Section
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