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Cynthia Hernandez of Victorville was sentenced to two and a half years in federal prison and $500,000 in restitution after pleading guilty to two counts of fraud.

Hernandez, also known as Cynthia Roberts, filed 29 fraudulent applications to the California Employment Development Department’s COVID-19 unemployment program, prosecutors claimed.

She used information from prisoners at Corcoran State Prison to file the applications, and would send some of the benefits to the inmates or inmates’ family members.

“(Hernandez) orchestrated a sophisticated scheme that deprived the state of over ($500,000) meant to provide relief for vulnerable taxpayers who were unable to work due to the COVID-19 pandemic,” prosecutors wrote in a sentencing memorandum.

She pleaded guilty to one count of mail fraud and one count of access device fraud Jan. 23.

Federal prosecutors had originally also charged Hernandez with two counts of aggravated identity theft in their Sept. 9 indictment.

California processed 19.5 million claims from March 2020, to Jan.16, 2021, paying more than $500 billion, according to the EDD. 

The department said they confirmed, as of January 2021, that 10% of their payments were fraudulent, and claimed they prevented $60 billion in fraudulent claims from being paid out.

Hernandez’ sentencing memorandum claims that her incarcerated husband, Manuel, was the leader of the fraud.

Manuel would gather personal identifying information from inmates, and pass them on to Hernandez to file for unemployment relief, she argued.

“She deeply regrets her actions and decision she made and she is particularly sorry that her actions have caused so much grief for everyone including her 17 year old son, her parents and siblings. Her actions and their impact on those people she loves will weigh on her throughout the remainder of her life,” her attorney’s sentencing memorandum reads.

Twenty-five character references said Hernandez was a reliable mother who volunteered in her son’s sporting association.

Case information

Case No. 5:22-cr-00217

California Central District Judge Mark Scarsi presided.

Haoxiaohan Cai and Solomon Kim prosecuted.

Ralph Rios of El Monte Law Group represented Hernandez.

Read the indictment here.

Read the plea agreement here.

Read our prior coverage: Victorville woman pleads to COVID-19 relief fraud

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