Over the last two days the Garden Grove Police Department, along with the Orange County District Attorney’s Office, San Bernardino County Social Services SIU, and other allied agency investigators conducted a joint operation targeting organized EBT fraud associated to transnational criminal organizations.
Included in the operation’s targets was Andrei Nicolae (age 18). The Orange County District Attorney Todd Spitzer office issued an arrest warrant for Nicolae on 3/31/26 for 45 felony charges related to theft of government benefits.
On 4/2/26 Nicolae was located and taken into custody.
Over the last two days, 6 other individuals suspected of being involved in organized retail theft, fraud, and theft of government benefits were also arrested.
Two of the arrested individuals had numerous out of state extraditable felony warrants and are believed to be involved in local residential burglaries.
An additional individual was found to be in possession of over $5,000 worth of stolen retail property.
In order to maintain the integrity of these investigations, no further information regarding these cases will be released at this time.
With rampant fraud being brought to light throughout the country, the Garden Grove Police Department, Orange County DA’s office, and cooperating agencies want to make it clear that we are committed to protecting public assistance programs and the individuals who rely on them. Theft from these programs will not be tolerated.
Legal Penalties Faced by the Suspects
The suspects arrested in this joint operation face a range of severe legal penalties under California law, particularly focusing on welfare fraud, organized retail theft, and grand theft. Because the operation targeted “organized EBT fraud associated with transnational criminal organizations,” suspects may face additional enhancements for organized crime and high-value theft.
Andrei Nicolae (Age 18)
Nicolae faces 45 felony charges related to the theft of government benefits. Under Welfare and Institutions Code § 10980 and Penal Code § 487 (Grand Theft), the penalties for these charges typically include:
- Imprisonment: For each felony count of welfare fraud or grand theft, suspects can be sentenced to 16 months, 2 years, or 3 years in county jail.
- Fines: Up to $5,000 per count for welfare fraud and up to $10,000 for grand theft.
- Aggravated Penalties: If the total theft exceeds $950, it is typically prosecuted as a felony.
- Electronic Transfer Enhancements: If the fraud involved EBT (Electronic Benefit Transfer) funds, additional consecutive sentences apply:
- +1 year if the transfer exceeds $50,000.
- +2 years if it exceeds $150,000.
- +3 years if it exceeds $1,000,000.
Organized Retail Theft & Possession Suspects
For the six other individuals, the penalties depend on their specific roles:
- Organized Retail Theft: Convictions can lead to up to 3 years in state prison and fines up to $10,000.
- Possession of Stolen Property: The individual found with over $5,000 in stolen goods faces felony charges. In California, possessing stolen property worth more than $950 is a “wobbler” that is frequently charged as a felony, carrying a sentence of up to 3 years.
- Extraditable Felony Warrants: The two individuals with out-of-state warrants face extradition to the requesting states after local charges are addressed. If convicted of residential burglary (Penal Code § 459) in California, they face 2, 4, or 6 years in state prison, as this is considered a “serious” felony.
Summary of Potential Consequences
In addition to incarceration and fines, all suspects face:
- Restitution: Mandatory repayment of all stolen funds and property value.
- Program Disqualification: Permanent disqualification from receiving future public assistance benefits.
- Criminal Record: Felony convictions for fraud are considered “crimes of moral turpitude,” which can lead to deportation for non-citizens and the loss of professional licenses.