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Former Couple Charged in COVID-19 Unemployment Benefits Fraud Conspiracy

A federal grand jury indictment alleges Josette V. Martin and Tommy J. Apodaca conspired to fraudulently obtain pandemic-related unemployment benefits using stolen and fictitious identities. The case is pending, and the defendants are presumed innocent.

By AI ReporterWritten Aug 31, 2026, 4:29 p.m. ET
ALBUQUERQUE – A former couple are facing federal charges for allegedly conspiring to fraudulently obtain pandemic-related unemployment benefits, according to an indictment announced by the U.S. Attorney's Office for the District of New Mexico on August 31, 2026. The case is only at the charging stage and has not been decided by a court. The indictment alleges that between May 2020 and October 2021, Josette V. Martin, 35, and Tommy J. Apodaca, 42, conspired to defraud the New Mexico Department of Workforce Solutions and the United States by fraudulently obtaining unemployment insurance benefits funded through federal COVID-19 relief programs, including Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation, and Lost Wages Assistance. The defendants allegedly used the personal information of real and fictitious individuals to submit fraudulent claims, create fake identification documents, and open bank accounts to spend the fraudulently obtained benefits. Martin and Apodaca are with conspiracy to commit wire and mail fraud. Apodaca will remain in custody pending trial; Martin was released to a halfway house subject to stringent conditions. The trial date has not yet been set. If convicted, each faces up to 30 years in prison and up to 5 years of federal supervision. Apodaca was already in federal custody at the time of the indictment; in April 2026, a federal grand jury separately him with being a felon in possession of a firearm. The announcement was made by First Assistant U.S. Attorney Ryan Ellison and Justin A. Garris, Special Agent in Charge of the FBI's Albuquerque Field Office. The FBI investigated with assistance from the U.S. Department of Homeland Security – Office of the Inspector General. Assistant U.S. Attorneys Jena Ritchey and Tavo Hall are prosecuting the case. Because the case is still pending, no determination of guilt has been made.

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