Drain the Swamp California EDD Fraud · 2020–2023
§ Drain the Swamp / Julie Su & Gavin Newsom

$32.6 billion.
Gone.
Then she got promoted.

California Labor Secretary Julie Su (D), appointed by Governor Gavin Newsom (D), waived the state’s fraud prevention requirements in Spring 2020 — against the Department of Labor’s own guidance. The result: an estimated $32.6 billion in improper unemployment payments, documented by the California State Auditor. California borrowed $20 billion from the federal government to cover the gap. Then President Biden promoted Su to Acting U.S. Labor Secretary — where she oversaw the federal response to the debt her own decisions helped create.

$32.6B
Estimated improper payments
California EDD · State Auditor Report 2022-002
$20B
Borrowed from federal trust fund
Largest state UI loan in U.S. history
0
Fraud controls left in place
Su waived SSN matching, prisoner checks, employer verification
Civic Intelligence Editorial Desk·California · 2020–2023·12 primary and secondary sources
§ 01 / The Scale

$32.6 billion. The largest UI fraud in American history.

$32.6 billion is larger than the annual GDP of more than 80 countries. It is more than the U.S. Navy’s entire annual shipbuilding budget. It is roughly twice the annual budget of the entire state of Nevada. It is the documented estimate — produced by California’s own State Auditor — of improper or fraudulent payments made by California’s Employment Development Department during the COVID-19 pandemic unemployment surge.

This money did not evaporate through negligence or an Act of God. It was paid out because the state’s Labor Secretary — appointed by the governor, confirmed by no one, answerable to no voters — waived the fraud controls that existed precisely to prevent this kind of theft. California had the tools. California chose not to use them. The person who made that choice went on to run the U.S. Department of Labor.

What $32.6 Billion Means — In Context
  • $32.6B — California EDD improper payments (CA State Auditor Report 2022-002)
  • $20B — Amount California borrowed from U.S. federal UI trust fund to cover the gap
  • Larger than the annual budget of 30+ U.S. states
  • Paid to incarcerated individuals, deceased claimants, fraud rings with industrial-scale operations
  • The PRAC (Pandemic Response Accountability Committee) tracked COVID UI fraud nationally: CA accounted for roughly one-third of total U.S. estimated COVID UI fraud
  • California's federal loan is the largest state UI trust fund borrowing in U.S. history
Sources: CA State Auditor 2022-002 · DOL trust fund data · PRAC COVID-19 fraud report
§ 02 / The Decision

DOL told her not to. She waived the controls anyway.

In Spring 2020, as COVID-19 unemployment claims surged to unprecedented levels, the California Employment Development Department (EDD) — under the direction of Labor Secretary Julie Su — waived standard fraud prevention protocols. These included cross-matching Social Security numbers against federal prisoner databases, verifying employer payroll records before approving claims, and applying income verification checks required by DOL guidance.

The U.S. Department of Labor had issued guidance to states specifically warning against eliminating these controls during the surge — noting that high-volume periods are precisely when fraud rings exploit weaknesses. California’s EDD, under Su’s leadership, chose speed over safeguards. The California State Auditor’s 2022 report documented that EDD “had not fully implemented its pandemic-era fraud prevention measures” — the official government finding for what happened.

Fraud Controls That Were Waived — Documented by State Auditor
  • Social Security number cross-matching with federal prisoner databases
    Consequence: Prisoners collected UI benefits they were ineligible for — in volume
  • Employer payroll verification before claim approval
    Consequence: Claims filed by people with no employment relationship to listed employers paid automatically
  • Income verification and identity authentication requirements
    Consequence: Fraud rings filed at industrial scale using stolen identities — with no checks triggering rejections
  • Deceased individual cross-check (SSA Death Master File)
    Consequence: Payments went to deceased claimants whose Social Security numbers were in circulation
Source: California State Auditor Report 2022-002 · DOL OIG 19-21-001-03-315

The EDD had not fully implemented its pandemic-era fraud prevention measures, exposing it to fraudulent claims.

California State Auditor Report 2022-002, April 2022 — primary source document
§ 03 / Who Is Responsible

The fraud had a governor. And a labor secretary. Both Democrats.

Who Is Responsible
CA Labor Secretary (2019–2023)
Julie Su (D)

Appointed by Newsom. As California Labor Secretary, Su oversaw the EDD and the decision to waive fraud prevention requirements in Spring 2020. The California State Auditor documented the resulting $32.6B in improper payments under her watch. Biden subsequently nominated her as Acting U.S. Labor Secretary.

Governor of California (2019–present)
Gavin Newsom (D)

Newsom appointed Su and presided over the entire EDD fraud period. He signed California's operating budget for the EDD. When California needed to borrow $20B from the federal government to cover the gap, it was Newsom's administration that executed that borrowing.

Acting U.S. Labor Secretary (2023–2024)
Julie Su (D)

Biden nominated Su as Acting U.S. Labor Secretary in 2023. In that role, she had oversight over DOL policies regarding state UI trust fund debt — including California's $20B federal loan, created in large part by her own prior decisions as CA Labor Secretary. The Senate Finance Committee raised this conflict in 2023. The Senate never confirmed her.

Julie Su grilled on California's $30+ billion EDD fraud during Senate confirmation hearing
§ 04 / How It Happened — Step by Step

From fraud controls waived to Acting Labor Secretary.

Sources: CA State Auditor 2022-002 · DOL OIG · DOL trust fund data · Senate Finance Committee
2019
Julie Su becomes California Labor Secretary
Governor Gavin Newsom (D) appoints Julie Su as California Labor Secretary, putting her in charge of the Employment Development Department (EDD) and the state's unemployment insurance system.
Spring 2020
Su waives EDD fraud prevention requirements
As COVID-19 unemployment claims surge, Su's EDD waives the state's standard fraud prevention protocols — cross-matching Social Security numbers, verifying employer records, checking federal prisoner databases — against DOL's own guidance. The goal: speed up payments. The result: the system is effectively wide open.
2020–2021
$32.6 billion in improper payments flood out
With fraud controls removed, California's EDD pays out an estimated $32.6 billion in fraudulent or improper unemployment claims — including to state and federal prisoners, deceased individuals, and organized fraud rings. The California State Auditor later documents the full scale.
April 2022
California State Auditor documents the failure
The California State Auditor releases Report 2022-002, documenting that EDD had not implemented its fraud prevention measures and quantifying the damage. The report finds EDD failed to implement safeguards against over $32.6 billion in potentially fraudulent claims.
2022–2023
California borrows $20B from federal government
California is forced to borrow approximately $20 billion from the U.S. federal unemployment trust fund to cover the shortfall created by the fraud. This is the largest state UI trust fund loan in U.S. history.
January 2023
Biden nominates Su as Acting U.S. Labor Secretary
President Biden nominates Julie Su to succeed Marty Walsh as U.S. Secretary of Labor. She serves in an acting capacity starting in March 2023. The Senate never confirms her — bipartisan opposition exists — but she serves as Acting Secretary for over a year.
2023–2024
Senate Finance Committee raises conflict-of-interest concerns
Senate Finance Committee members note that Su, as Acting U.S. Labor Secretary, now has oversight authority over DOL's handling of state UI trust fund debt — including California's $20B loan. She helped create the debt as CA Labor Secretary; now she oversees the federal response to it.
§ 05 / The Self-Dealing

She created the debt. Then she was put in charge of it.

When Julie Su served as California Labor Secretary (2019–2023), her decisions — specifically the waiving of EDD fraud controls — contributed directly to California needing to borrow $20 billion from the U.S. federal unemployment trust fund. That federal loan is real money, owed by California to the federal government, financed by taxpayer contributions to the federal UI system.

When Biden nominated Su as Acting U.S. Labor Secretary in 2023, she acquired oversight of the Department of Labor — including DOL’s policies on state UI trust fund debt, loan repayment schedules, and interest assessments. The person whose decisions helped generate California’s $20 billion federal debt was now in a position to influence how the federal government managed that debt.

The Senate Finance Committee raised this concern formally in a 2023 letter to the Department of Labor. Su was never confirmed by the Senate — bipartisan opposition existed, including from senators who had reviewed the EDD record. She served in an acting capacity for over a year without a Senate confirmation vote, utilizing a legal pathway that allowed indefinite service without Senate approval.

The Accountability Gap — By the Numbers
  • $32.6B — improper payments from CA EDD under Su's oversight (CA State Auditor)
  • $20B — California borrowed from federal UI trust fund, largest state UI loan in U.S. history
  • 0 — Senate confirmation votes for Su as U.S. Labor Secretary (never confirmed)
  • 1+ year — Su served as Acting U.S. Labor Secretary without Senate confirmation
  • 0 — publicly disclosed accountability measures taken against Su for EDD failures
  • 1 — Senate Finance Committee letter raising conflict-of-interest concerns (2023)
The Bottom Line
California Labor Secretary Julie Su (D), appointed by Governor Gavin Newsom (D), waived California’s fraud prevention controls in Spring 2020 against Department of Labor guidance. The result: an estimated $32.6 billion in improper unemployment payments — the largest state UI fraud in American history, documented by California’s own State Auditor. California borrowed $20 billion from the federal government to cover the gap. President Biden then nominated Su as Acting U.S. Labor Secretary, where she gained oversight of the very federal debt her own decisions helped create. The Senate never confirmed her. She served for over a year anyway. The $32.6 billion is gone. California taxpayers are paying the interest. No criminal charges have been filed. No public accountability was taken. And the person in charge of the fraud is on a government resume.
Sources & Primary Documents