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A federal indictment out of New Mexico charges two former partners, Josette V. Martin and Tommy J. Apodaca, with scheming to steal pandemic-era unemployment benefits. Prosecutors say the pair used stolen and made-up identities to file false claims and siphon money from programs meant to help people laid off during the COVID crisis. The U.S. Attorney’s Office in New Mexico announced the charges, and the FBI and DHS‑OIG investigated the case.
The indictment and the allegations
According to the indictment, the scheme ran from May 2020 through October 2021 and targeted Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), and Lost Wages Assistance (LWA). Federal prosecutors say Martin and Apodaca used real and fake personal data to submit bogus claims, made fake driver’s licenses and Social Security cards, opened bank accounts, and collected debit cards loaded with the fraudulently obtained benefits. Both are charged with conspiracy to commit wire and mail fraud — offenses that carry maximum sentences of up to 30 years in prison and up to five years of federal supervision. First Assistant U.S. Attorney Ryan Ellison and FBI Special Agent in Charge Justin A. Garris announced the case; Assistant U.S. Attorneys Jena Ritchey and Tavo Hall are handling the prosecution.
How the fraud allegedly worked
The scheme reads like a bad thriller: stolen identities, forged documents, and quick cash withdrawals. Prosecutors say the defendants used fake tax forms and Social Security cards to trick the state unemployment system and then moved the money into bank accounts they controlled. One defendant remains in federal custody; the other was released to a halfway house under strict conditions. An indictment is only an allegation, of course, but the charges line up with the larger wave of pandemic benefits fraud that federal and state agents have been chasing for years.
Why this still matters — and who picks up the tab
Here’s the ugly truth: when fraud like this happens, honest taxpayers pay. Emergency programs were rushed out the door for a reason — people needed help fast — but that haste also made the system a target for criminal rings and opportunists. Prosecutors deserve credit for pursuing these cases, but we can’t celebrate arrests instead of fixing the holes. If the point of government aid is to protect families, not bankroll fraudsters, then agencies must be held accountable for weak verification systems and sloppy implementation.
What should be done next
Prosecutions help, but prevention matters more. New Mexico and other states need stronger ID verification, better cross-checks with federal databases, and faster data sharing across states. Lawmakers should fund upgrades and demand regular audits so grant money reaches workers, not con artists. Until that happens, we’ll keep seeing headlines about stolen pandemic benefits — and taxpayers will keep footing the bill. The indictment of Martin and Apodaca is one small step toward justice. It would be better if it were also the start of real reform.
