A judge asked a Social Security thief Friday to look at everyone else in the room to understand who he stole from before he sentenced him to 37 months in federal prison.
The 37-month term was given to Andres Avelino Anduaga, 66, formerly of Chula Vista, by U.S. District Court Judge John Houston, who ordered him to pay $360,908.85 to three government agencies.
Anduaga, wearing a tan prison uniform, looked at U.S. marshals, attorneys, and other court staff in the room after Houston directed him to look at everyone he “drained Social Security benefits from.”
“Theft from government programs is a serious offense,” said Houston. “This is identity theft. This is brazen, sir. You lived off government coffers.”
The judge ordered Anduaga to repay $244,441.75 to the Social Security administration, $112,981.10 to the state of California, and to $3,486 to the County of San Diego for food stamps.
Assistant U.S. Attorney Jeffrey Hill said Anduaga will be deported to Mexico after he finishes his term and it is unlikely any of the government agencies will be re-paid. He is a Mexican national and not a U.S. citizen.
Hill said Anduaga committed obstruction of justice since collecting Supplemental Security Income in 1989 by using the name of a Florida man he did not know. “It was more than merely giving a false name. He cost the government money,” said Hill.
His began using a false name in 1980 and used 40 aliases. Hill acknowledged that the government is not sure Anduaga is his real name. He also collected Medi-Cal benefits and also claimed he lived in San Ysidro.
In 2014, the Social Security administration received a potential fraud referral in Chula Vista regarding Anduaga, according to court records. Ironically, it was Anduaga’s move to Tijuana that apparently triggered the inquiry as he was still collecting government benefits.
He met with Social Security officials in 2015 in Chula Vista and gave his landlord’s name as a rental reference. The landlord told officials over the phone that Anduaga lived in Chula Vista, but when they met him in person, he said Anduaga had moved to Tijuana.
He pleaded guilty in March to stealing government benefits and being a removed alien who was deported earlier. He could have received 12 years in prison.
His attorney, Ellis Johnston III, told the judge that Anduaga fell from a second story balcony in 1988. He applied for government assistance after that, he said. He was employed previously as “a seasonal agricultural worker,” said Johnston.
“He remains permanently disabled to this day,” said Johnston, who said he was “not the worst of criminals.”
Johnston said there was no lavish spending as Anduaga only bought food, shelter and clothing as he collected disability payments. He recommended a 1-year term.
“I am very remorseful for what I’ve done,” said Anduaga. “I am ready to go back to Mexico.”
Anduaga was convicted of four felonies and 17 misdemeanors from 1974 to 2003 including several drunk driving convictions, according to Hill’s sentencing memorandum. He was placed on probation and parole at least a dozen times.
The benefits were stopped in 2016 and Anduaga will receive credit for seven months he has been in jail since his arrest.
Just build the wall already.