Information — United States v. Joshua Lambert, Southern District of West Virginia (Document 5)

Summary

An information filed February 29, 2024 in United States of America v. Joshua Lambert, Case 2:24-cr-00039, in the U.S. District Court for the Southern District of West Virginia, as Document 5. It charges conspiracy under 18 U.S.C. § 371 to violate 18 U.S.C. § 641 from on or about September 28, 2020 through May 9, 2021, involving unemployment compensation benefits having a value of approximately $10,616. The information states that Lambert was incarcerated at the United States Penitentiary at Big Sandy and directed Known Person One to falsely certify his eligibility to WorkForce West Virginia for thirty-two consecutive weeks. It alleges that portions of the funds were deposited into Lambert's prison commissary account. The signature block names United States Attorney Williams S. Thompson and Assistant United States Attorney Andrew Tessman.

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Case 2:24-cr-00039 Document5 Filed 02/29/24 Page1of

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UNITED STATES DISTRICT COURT FOR THE a
SOUTHERN DISTRICT OF WEST VIRGINIA |S A
CHARLESTON = —
UNITED STATES OF AMERICA

CRIMINALNO. 02:.9'%+C2e- 00037
18 U.S.C. § 371

JOSHUA LAMBERT

The United States Attorney charges:

From on or about September 28, 2020, and continuing through on or about May 9, 2021,
in St. Albans, Kanawha County, West Virginia and within the Sothern District of West Virginia
and elsewhere, defendant, JOSHUA LAMBERT and a person known to the United States Attorney
(“Known Person One”), knowingly and intentionally conspired to commit a violation of 18 U.S.C.
§ 641, that is, to knowingly and willfully embezzle, steal, purloin, and convert to his own use and
the use of another, on a recurring basis, money belonging to the United States and a department
and en thereof in a total amount greater than $1,000, namely, unemployment compensation

benefits having a value of approximately $10,616.

BACKGROUND

At all relevant times:

1. Defendant JOSHUA LAMBERT was incarcerated at the United States Penitentiary

located at Big Sandy in Inez, Kentucky.

2. Known Person One was a resident of St. Albans, Kanawha County, West Virginia.
Case 2:24-cr-00039 Document5 Filed 02/29/24 Page 2 of 4 PagelD #: 9

3. WorkForce West Virginia was a division of the West Virginia Department of
Commerce that was funded through the United States Department of Labor. WorkForce West
Virginia administered an unemployment compensation program in the state of West Virginia.

4, Once the initial application for unemployment compensation benefits “UC
benefits”) was approved, the claimant was required to certify their continued eligibility for benefits
every week. The claimant was required to answer several questions, including, but not limited to:
(1) whether the UC claimant had worked during the certification period; (2) whether the claimant
was able to work; (3) whether the claimant was available for work; and (4) whether the claimant
was actively looking for work during the certification period.

5. In March of 2020, in response to the COVID-19 pandemic, the federal government
enacted the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act,
among other things, provided additional flexibility and funding for state UC agencies, including
WorkForce West Virginia.

6. The Federal Pandemic Unemployment Compensation (“FPUC”) program was a
temporary UC benefits program created by the CARES Act. FPUC originally provided individuals
that received approved UC benefits with an additional $600 per week in federal funds. In
December of 2020, Congress reauthorized FPUC at a lesser amount of $300 per week and
concluded the program in September 2021.

OVERT ACTS OF THE CONSPIRACY

7. In furtherance of the conspiracy and to achieve its objectives, defendant JOSHUA
LAMBERT and Known Person One committed the following overt acts at various times between
September 28, 2020, and May 9, 2021, at or near St. Albans, Kanawha County, West Virginia, and

within the Southern District of West Virginia and elsewhere:
Case 2:24-cr-00039 Document5- Filed 02/29/24 Page 3 of 4 PagelD #: 10

8. Defendant JOSHUA LAMBERT called Known Person One by telephone and
directed Known Person One to access the Workforce West Virginia website and falsely certify
each week, for thirty-two consecutive weeks, that defendant JOSHUA LAMBERT was entitled to
UC benefits, even though defendant JOSHUA LAMBERT was not able, available, and seeking

full-time work.

9, From her home computer in St. Albans, Kanawha County, West Virginia, Known

Person One falsely certified that defendant JOSH LAMBERT was entitled to UC benefits on each

of the following dates:

September 28, 2020
October 4, 2020
October 11, 2020
October 19, 2020
October 25, 2020
November 1, 2020
November 9, 2020
November 15, 2020
November 23, 2020
November 30, 2020
December 7, 2020
December 21, 2020
December 28, 2020
January 3, 2021
January 11, 2021
January 18, 2021
January 24, 2021
February 1, 2021
February 8, 2021
February 14, 2021
February 22, 2021
March 1, 2021
March 8, 2021
March 14, 2021
March 21, 2021
March 29, 2021
April 4, 2021

April 12, 2021
April 19, 2021
April 25, 2021
Case 2:24-cr-00039 Document5 Filed 02/29/24 Page 4 of 4 PagelD #: 11

May 2, 2021
May 9, 2021

10. Known Person One electronically deposited portions of the funds into defendant
JOSHUA LAMBERT’s prison commissary account.

11. Defendant JOSHUA LAMBERT accessed the stolen funds in his prison commissary
account transmitted by Known Person One to make purchases to benefit himself while

incarcerated.

In violation of Title 18, United States Code, Section 371.

WILLIAMS S. THOMPSON
United States Attorney

ANDREW TESSMAN
Assistant United States Attorney


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