Man challenges charges over jobless benefits

A Kalispell man has pleaded not guilty to a pair of charges for allegedly receiving nearly $20,000 in unemployment benefits to which he was not entitled.

Jose Francisco Bernabe, 41, entered his pleas to the charges of felony theft and misdemeanor unsworn falsification to authorities on Thursday in Flathead District Court.

A court document alleges Bernabe filed paperwork indicating he received no income and was eligible for the benefits from February 2009 through March 2011. It further alleges that Bernabe’s employer, Swank Enterprises, said Bernabe was being paid during the entire 70-week period.

Bernabe also allegedly told an unemployment insurance investigator that he had not filed for the benefits, suggesting his ex-girlfriend may have used his personal information to make the filings. Bernabe was then told to go to local law enforcement to pursue charges against the woman.

In his subsequent written statement to police, Bernabe denied receiving the benefits, said he was told by an unemployment office employee that the money was being direct deposited into a Nevada bank, and provided contact information for his ex-girlfriend, against whom the Flathead County Sheriff’s Office opened a criminal investigation.

The unemployment office employee later said she never told Bernabe about a Nevada bank and department records showed the money was being deposited into a First Montana Bank account to which only Bernabe and his wife had access.

Along with the illegal benefits received by Bernabe, a 33 percent penalty brings the entire amount he owes to the unemployment insurance division to just short of $25,700.

If convicted of both charges, Bernabe faces up to 10 1/2 years of incarceration and a fine of up to $50,500. His next hearing is set for Oct. 30.

Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.