San Bernardino County prosecutors reject fraud complaint against Victorville Councilwoman Blanca Gomez

County prosecutors have turned down a complaint made by the city of Victorville alleging unemployment fraud against one of its council members, Blanca Gomez.

In a statement earlier this week, the San Bernardino County District Attorney’s Office said the complaint was investigated “and based on the information available, there is insufficient evidence of a criminal law violation to justify further action.”

The announcement comes despite a state administrative law judge finding earlier this year that Gomez falsely claimed she was eligible for unemployment benefits despite continuing to receive her monthly pay as a council member from the city.

Even if Gomez had experienced a break in her pay, Judge Tyler said, she was “ineligible for UI benefits based on the fact that she is an elected official.”

Tyler added that the state’s Employment Development Department “may consider investigating the claim of the claimant as being fraudulent as a result of her representation that she has ceased to receive remuneration.”

Previous coverage: Gomez alleges conspiracy in suit

Last year, Gomez told the EDD — under penalty of perjury — she hadn’t worked or earned any money during a period lasting from May 17 through June 27, according to claim documents provided by the city.

Victorville staff refuted this and later wrote the department that Gomez had continued to receive “her monthly stipend of $943 and fringe benefits” from the city since being elected to her seat in 2016 “without any break in pay.”

The councilwoman received $4,952 in benefits, with the city being billed for close to $1,400.

Gomez did not respond to a request for comment but has suggested in past meetings that the allegation of fraud was politically motivated.

“It’s a big game that you guys are shaping, and you think you have the upper hand, but you’re gonna laugh at the very end, but you’re going to laugh at yourself because you have nothing,” Gomez said during a meeting in September 2020. “And you never have, and you never ever will.”

Councilwoman still faces unrelated charges

The DA’s office did not further detail why they didn’t believe there was enough evidence to warrant prosecution.

A DA spokesperson said Thursday that, unlike a typical complaint that suggests charges, the office’s Public Integrity Unit “first looks into any and all evidence that could prove a violation of law.”

“Since the evidence was insufficient to justify any criminal law violation, I’m not able to answer further,” the public affairs officer, Jacquelyn Rodriguez, said.

The unit is responsible for “investigating and prosecuting elected and appointed public officials who criminally benefit from their position of public trust or who violate criminal law in connection with their public position,” according to the DA’s website.

Offenses can include misuse or misappropriation of funds, Brown Act violations and conflicts of interest.

The city’s complaint is not the first time Gomez has been accused of lying to receive benefits.

Court records show she pleaded guilty to welfare fraud in 1999 and was sentenced to 36 months probation.

In 2000, a judge granted her motion to dismiss the case and enter a plea of not guilty — an expungement — after she was found to comply with terms and conditions of probation.

Although the DA’s Office decided not to pursue the fraud allegation, Gomez still faces several misdemeanors, including resisting arrest and disturbing a public meeting stemming from two incidents this year.

At a council meeting on July 20, the councilwoman and a man were arrested at City Hall after a fracas broke out toward the end.

Both Gomez and the same man, Robert Rodriguez, were booted from a local Panera Bread a month earlier, which she captured on camera.

The DA’s Office charged Gomez with battery on a person who — according to a LinkedIn profile — works at the eatery.

She faces six charges in total, court records show, including conspiracy to commit a crime from the July meeting.

Prosecutors plan to arraign Gomez and Rodriguez on Jan. 4.

Daily Press reporter Martin Estacio may be reached at 760-955-5358 or MEstacio@VVDailyPress.com. Follow him on Twitter @DP_mestacio.

This article originally appeared on Victorville Daily Press: Prosecutors reject fraud complaint against Victorville Councilwoman