San Antonio Express-News

California OK’D aid in names of Peterson, other criminals

- By Adam Beam

SACRAMENTO, Calif. — This state’s system for paying unemployme­nt benefits is so dysfunctio­nal that it approved more than $140 million for at least 20,000 prisoners, local and federal prosecutor­s said in detailing a scheme that resulted in claims filed in the names of well-known convicted murderers like Scott Peterson and Cary Stayner.

From March to August, more than 35,000 inmates were named in claims filed with the California Employment Developmen­t Department, with more than 20,000 being paid, according to Sacramento County District Attorney Anne Marie Schubert. At least 158 claims were filed for 133 death-row inmates, resulting in more than $420,000 in benefits paid

“It involves rapists and child molesters, human trafficker­s and other violent criminals in our state prisons,” Schubert said.

The list includes Peterson, who was sentenced to death after being convicted of killing his pregnant wife following a trial that riveted the nation.

The California Supreme Court recently overturned Peterson’s death sentence and has ordered a lower court to review his murder conviction.

Schubert confirmed there was a claim made in the name of Scott Peterson but declined to provide further details.

Peterson’s attorney, Pat Harris, said while Peterson’s name surfaced during the investigat­ion, there is no evidence Peterson received unemployme­nt aid from the state.

“This investigat­ion, when it’s completed, will show that he had not a thing to do with any kind of scheme to get fraudulent benefits,” Harris said.

Schubert listed a number of inmates there who had claims filed in their names, including Stayner, convicted of killing four people in or near Yosemite National Park in 1999; Susan Eubanks, a San Diego

woman convicted of shooting her four sons to death in 1997; Isauro Aguirre, who was sentenced to death for the 2013 murder of 8year-old Gabriel Fernandez in Los Angeles; and Wesley Shermantin­e, part of the duo dubbed the “Speed Freak Killers” for their meth-induced killing rampage in the 1980s and ’90s.

Prosecutor­s said they learned of the scheme from listening in on recorded prison phone calls, where inmates would talk about how easy it was for everyone to get paid. They said the scheme always involved someone on the outside — usually friends or family members of the inmates, who then would receive the benefits.

In Kern County, home to five state prisons, one address was used to receive benefits for 16 inmates.

“In my nearly four decades as a prosecutor in this state, I have never seen fraud of this magnitude,” Kern County District Attorney Cynthia Zimmer said.

In some cases, inmates used their real names. In others, they used fake names and even fake Social Security numbers. In one instance, an inmate used the name: “poopy britches,“Schubert said.

“Quite frankly, the inmates are mocking us,” Schubert said.

So far, 22 people have been charged in San Mateo County, including six people who were not in prison. Prosecutor­s said doz

ens of other investigat­ions across the state are continuing.

Prosecutor­s blamed the Employment Developmen­t Department, which has been overwhelme­d by more than 16.4 million benefit claims since the pandemic began in March, resulting in a backlog that at one time totaled more than 1.6 million people.

But prosecutor­s said that in its haste to approve benefits, the department did not check unemployme­nt claims against a list of prisoners, as many other states do

an Mateo District Attorney Stephen Wagstaffe said that when he notified the department about inmates fraudulent­ly receiving benefits, it told him it could not cut off the payments until they were formally charged with a crime.

The problem was so bad that Monday, nine county district attorneys sent a letter to Gov. Gavin Newsom asking for him to intervene.

“We face a manifest problem that requires action, not talk,” said Mcgregor Scott, U.S. Attorney for the Eastern District of California.

Employment Developmen­t Department spokeswoma­n Loree Levy said the agency has been working with the Department of Labor’s Office of Inspector General on cross-checking claims with inmates.

 ?? Jim Wilson / New York Times ?? A resident holds mail that arrived at her home in apparent attempts to defraud the California unemployme­nt system.
Jim Wilson / New York Times A resident holds mail that arrived at her home in apparent attempts to defraud the California unemployme­nt system.

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