Welfare-Fraud Convict Receiving Unemployment Former State Worker Collecting $300 A Week, As Awarded By Judge

The only one questioning Barry Som’s ability to work the system is Som himself.

Som, awaiting sentencing after pleading guilty in federal court to welfare fraud perpetuated while he worked for the Department of Social and Health Services, has been awarded $300 a week in unemployment benefits by a state administrative law judge.

The Nov. 1 ruling came after Som, a Cambodian refugee named one of the state’s outstanding workers in 1988, told Judge Rosemary Foster he didn’t understand the cultural and social rules of the United States. He said he was never warned his behavior could get him fired.

Foster’s ruling acknowledged that prosecutors filed state and federal charges against Som and that he pleaded guilty in federal court to a welfare fraud charge.

But she faulted the state for failing to provide “witnesses who could provide direct testimony regarding the allegation of malfeasance, neglect of duty and gross misconduct as well as the violation of the department’s rules and Department of Personnel’s regulations.

“The employer also did not submit a copy of the termination letter or a copy of the pleadings to which the claimant pleaded guilty in the federal court proceeding related to this matter.”

DSHS officials thought Som’s guilty plea would be sufficient proof to ensure his unemployment claim was denied, agency spokesman Gordon Schultz said.

“This decision … is unjust and outrageous,” Shultz said. “It is absolutely incorrect. We intend to appeal the decision.”

Assistant U.S. Attorney Steve Scroeder said he was flabbergasted by the decision.

“If being convicted of a work-connected felony in federal court doesn’t disqualify a person from receiving unemployment, what does?” he asked.

“This guy hasn’t lost his touch,” said Pierce County Prosecutor John Ladenburg, whose office worked for months on the investigation that led to the arrests of Som and several other welfare workers.

“He’s out ripping off the government again.”

Som’s defense attorney, Kenneth Kessler, said his client was not available for comment. He said he was unaware Som had applied for unemployment benefits, but noted federal probation workers had urged Som to seek employment while awaiting sentencing Jan. 5 before U.S. District Judge Frank Burgess.

Som likely will be sentenced to three to four years in prison, federal prosecutors say.

Foster got the unemployment-benefits case when Som appealed an Employment Security Department decision to deny him benefits under a section of the law that disqualifies those fired for dishonesty.

Foster held the hearing on his unemployment benefits by telephone Oct. 30, Schultz said. Som represented himself. The state was represented by Bob Utter, DSHS regional administrator and Travis Akin, DSHS personnel officer.