People v. Nelson CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act, 42 U.S.C. § 801(a)(2)(B)) to provide additional unemployment insurance benefits to persons affected by the COVID-19 pandemic. The law provided unemployment benefits to persons who were not otherwise eligible, such as those who were self-employed, worked as independent contractors, or worked part time, and who lost work due to the pandemic. The law also provided additional cash benefits and extended the maximum time a person could receive unemployment benefits from 26 weeks to 86 weeks. The Employment Development Department (Department), the state agency that processes claims for unemployment benefits, requires claimants to provide identification, income amounts, and employment status as part of their claim. The Department also requires benefit recipients, as a condition to receive the next benefit payment, to certify every two weeks that they remain unemployed but are able to begin work. Prior to the pandemic, the Department would verify a claimant’s income based on what was reported in the claimant’s W-2 form. The Department did this to establish…