• JOSÉ LUIS VILLEGAS/jvillegas@sacbee.com

    Rachael Rivas Dumbrique, accused of unlawfully accessing confidential state data, appears in Sacramento Superior Court on Tuesday. She was arrested last week and faces five felony counts of stealing personnel data and illegally downloading documents from state agencies.

Capitol and California - State Politics
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Ex-state worker had California prison gang files at home

Published: Wednesday, Nov. 19, 2008 | Page 1A

An ex-state worker sentenced on Tuesday to a year in jail for stealing confidential employee information this summer also had hidden in her closet confidential Department of Corrections and Rehabilitation reports about the gang affiliations of state prison inmates.

New details about documents that investigators found when they raided Rachael Rivas Dumbrique's Sacramento home in June – she was then married to a gang member in prison for murder – emerged in a probation report.

Rivas Dumbrique had worked at Corrections before she illegally downloaded a personnel roster last June containing 5,500 names and Social Security numbers of Department of Consumer Affairs employees. She sent them to her private e-mail account, which included the word "dumbriqueluv."

She was sentenced Tuesday to a year in county jail and given five years' probation for that crime.

Sacramento County Superior Court Judge Steve White also ordered Rivas Dumbrique, 33, to pay restitution of up to $122,000 to the state to cover the cost of credit monitoring and identity theft services Consumer Affairs has paid to protect its workers.

"This is a serious matter with a number of significant consequences," White told Rivas Dumbrique in court. "Your crime compromised the ID and security of 5,500 state employees."

A year ago, Rivas Dumbrique married Mexican Mafia member Edward Dumbrique in a ceremony at Corcoran State Prison, where he is serving a life sentence. The two apparently met when Rivas Dumbrique served as an alternate on a jury that acquitted Dumbrique in 2005 of assaulting a correctional officer.

Rivas Dumbrique had been hired as a typist by Corrections in March 2006. She stayed at the department for only six months before moving to another state job.

The Bee reported this summer that when Consumer Affairs investigators raided the state worker's home looking for the personnel roster, they also found a manila envelope that contained four confidential Corrections documents in her master bedroom closet.

Neither Corrections nor Consumer Affairs would say what the confidential Corrections documents were or if security had been breached.

But, in the Sacramento County probation report given to Judge White before Tuesday's hearing, officials described the documents.

"Many of the items in the defendant's possession were stamped confidential," the probation report stated.

"In particular, the reports from the California Department of Corrections and Rehabilitation contained information regarding inmates who were members of the Northern Structure Gang, the Aryan Brotherhood, the Mexican Mafia, and debriefing reports concerning gang activity within the prison system."

Late Tuesday, Corrections spokeswoman Terry Thornton said she could not comment on the report.

In pre-sentencing remarks, defense attorney Jeremiah Van Etten said Rivas Dumbrique "may have been a pawn and preyed upon by another individual" and that some documents found during a raid "may have been placed there by another person." Prosecutors have not said whether Dumbrique ever received, or used, any of the information Rivas Dumbrique stole. The two recently filed for divorce.

The judge ignored a plea from Van Etten to sentence her to between six and nine months because she had no prior criminal record, there was no evidence the data were misused and she was the mother of three children.

Prosecutor Roxanne Ball said the information wasn't misused only because Consumer Affairs investigators moved quickly to stop the breach and recover the information.

Rivas Dumbrique appeared at the hearing in a wheelchair, sporting a temporary brace on her lower right leg. Medical reports said she had twisted her ankle last week, but X-rays revealed no broken bones. White agreed to Rivas Dumbrique's request to delay her jail term until Dec. 9 so she can get additional medical care.

Department of Consumer Affairs Director Carrie Lopez said the ex-worker's sentence sends a clear message to others who violate the trust of their fellow employees.


Call The Bee's Andrew McIntosh, (916) 321-1215.

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