Today, the Honorable Judge Ronn Couillard sentenced Daniel Hernandez, age 26, to three years suspended state prison for In-Home Supportive Services (IHSS) fraud and welfare fraud. His two co-defendants, Cindy Munoz (mother of Hernandez), age 45, and Diana Valenzuela (sister of Hernandez), age 27, were sentenced June 3, 2010 by the Honorable Judge James James Hollman to 120 days and 90 days in county jail, respectively.

Munoz previously pleaded to one felony count of IHSS fraud and one felony count of food stamps fraud. Valenzuela pleaded to one felony count of IHSS fraud and Hernandez pleaded to one count of IHSS fraud, one count of welfare fraud and one count of perjury, all felonies. In total, the three were ordered to pay back restitution to the Tulare County Health and Human Services Agency in excess of $6,000.00.

Munoz, Valenzuela and Hernandez, all from Earlimart, were accused of committing fraud to receive compensation for In-Home Supportive Services care. Investigation revealed that Valenzuela and Hernandez submitted time sheets stating they were providers on the case during time in which the recipient of the care was hospitalized. It was also uncovered that Hernandez allowed Munoz to use his EBT card (food stamps) while he was incarcerated. Munoz forged Hernandez' signature on quarterly reports to keep the food stamps coming while he was in custody.

This is the second such felony IHSS fraud case prosecuted in Tulare County. Individuals who act as providers for disabled or elderly individuals receive money for their time and services provided in caring for those who cannot care for themselves. In-Home Supportive Services fraud can occur when the care provider knowingly submits time sheets for hours in which the recipient is not eligible for care, such as: when the recipient is out of the home (hospitalized or incarcerated), the provider is not performing the service hours, or when the recipient is deceased.

This case was investigated by Josh Rowlett of the Tulare County District Attorney’s Office Bureau of Investigations, and prosecuted by Deputy District Attorney Marisa Maclennan.

Contact Person: Assistant District Attorney, Shani D. Jenkins, (559) 733-6411.