'Lies caught up with him': Ice cream truck never came. Portsmouth company bilked out of nearly $37,000.

Jesse Hernandez of Los Angeles received $36,941 from the unidentified Portsmouth company.
Jesse Hernandez of Los Angeles received $36,941 from the unidentified Portsmouth company.

PORTSMOUTH — After failing to construct an ice cream truck for a Portsmouth-based marketing company when he was hired to do so, a California man has pleaded guilty to wire fraud in federal court.

The Department of Justice announced this week that 58-year-old Jesse Hernandez of Los Angeles received $36,941 from the unidentified Portsmouth company two years ago without ever providing the truck for the company.

In May 2019, the marketing company, identified as “TH,” was retained by a client for the purpose of a marketing campaign introducing a new ice cream product in the San Francisco area. “The events would include a specialty-branded truck that was wrapped in the product’s marketing art and contained multiple specifications for ease of service and proper storage of the ice cream,” the release states.

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TH sought out three companies to help create the truck, one of which was Mobie Experiential Trucks, which Hernandez represented, according to the Department of Justice. Appearing to be “capable and less expensive” than the other businesses, Hernandez spoke with TH officials over the telephone and presented them with a slide presentation detailing his work.

In mid-June 2019, TH selected Hernandez and Mobie Experiential Trucks for the project and gave the business a deadline to deliver the truck by July 9, 2019.

Prior to delivery of the truck, Hernandez “demanded” full payment, leading TH to send a check for $36,941 to him on July 3, 2019.

Five days later, on July 8, 2019, TH personnel traveled to California to retrieve the truck from him, but Hernandez never responded to inquiries from the Port City company and didn’t provide the truck.

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The FBI became involved with the case later that fall. After interviewing Hernandez, the agency found after he received payment from TH, he deposited the funds and used them for purposes that were not related to the construction of the truck, adding he did not intend to provide TH with the truck.

“His lies finally caught up with him and he accepted responsibility for this fraudulent scheme,” said Joseph R. Bonavolonta, special agent in charge of the FBI Boston Division, in a prepared statement.

Hernandez’ sentencing is scheduled March 8.

Part of Hernandez’ plea agreement requires him to pay TH $46,615.29 in restitution. The case is being prosecuted by Assistant U.S. Attorney Charles Rombeau.

This article originally appeared on Portsmouth Herald: California man defrauded Portsmouth, NH company out of $37k