U.S. Department of Justice
United States Attorney
Eastern District of Pennsylvania
615 Chestnut Street
Suite 1250
Philadelphia, Pennsylvania 19106-4476
(215) 861-8200
For Immediate Release
July 29, 2008
BUCKS COUNTY MAN AND FIVE OTHERS CHARGED IN ASYLUM SCAM
Phony lawyer raked in $3 million in fees from fraudulent applicants
PHILADELPHIA - Acting United States Attorney Laurie Magid today announced the filing of an indictment charging David Lynn, Yevgeny Zemlyansky, Ilya Zherelyev, Anatoly Zagrinichny, Akbar Kadirov, and Nelly Katsman with operating a fraudulent business that filed at least 380 bogus asylum applications for clients between January 2003 and March 2007.
Joining Magid in today’s announcement were John Kelleghan, special agent-in-charge for the United States Department of Homeland Security, Immigration and Customs Enforcement, Department of Labor Special Agent-in-Charge Bill Turpin, Federal Bureau of Investigation Special Agent-in-Charge Janice Fedarcyk, and Cary Rubenstein, special agent-in-charge for the Office of Inspector General for Housing and Urban Development.
Federal immigration law permits individuals who have suffered persecution or will be persecuted upon return to their homeland because of race, religion, political opinion, nationality, or membership in a particular social group to apply for asylum in the United States. According to the indictment, the defendants assisted clients in making false claims of persecution to immigration authorities in order to get asylum. Lynn’s business prepared and filed these fraudulent applications. He guaranteed his clients that he could lawfully obtain permanent residency status for them. For this service, Lynn charged a fee of up to $8,000 for an individual, and up to $12,000 for a family, receiving at least $3 million in proceeds from the fraudulent asylum business. Lynn disguised his phony asylum business, calling it a translation service and falsely claiming he was a lawyer.
The other defendants played various roles in Lynn’s business, completing bogus applications for asylum to submit to immigration authorities, driving clients to immigration interviews and proceedings, collecting and laundering the proceeds of the scheme, and coaching clients on how to falsely claim persecution. As the indictment alleges, the defendants simply made up claims of persecution for clients, falsely stating that clients had been persecuted for practicing the Baptist and Jehovah’s Witness religions, for being homosexual, and for being a Gypsy.
Because the business was so lucrative for the defendants, they went to great lengths to conceal the proceeds of the scheme, depositing the money in Lynn’s Swiss bank accounts, keeping it in safety deposit boxes, purchasing real estate, cashing checks at check cashing agencies, and insisting that clients pay the defendants in cash. Defendant Lynn even stored more than $500,000 in cash proceeds in a safe hidden under the floor in his basement, which federal agents recovered during the execution of a search warrant.
“The asylum system is designed to permit those subject to real persecution, violence, and oppression in their homeland an opportunity to reside peacefully in the United States. These defendants exploited the asylum system out of pure greed, amassing millions of dollars by clogging the system with fraudulent applications,” Magid said. “Such conduct undermines the system and hampers the timely consideration of legitimate applications.”
“Defrauding our country’s immigration system by filing bogus applications for benefits will not be tolerated,” said Kelleghan. “America opens it doors to those who have suffered persecution, and actions like these simply tie up the system for those truly in need. ICE will aggressively investigate anyone seeking to exploit and compromise the integrity of our nation’s immigration system for profit.”
INFORMATION REGARDING THE DEFENDANTS
NAME
ADDRESS
AGE OR DATE OF BIRTH
David Lynn
Holland, PA
33
Yevgeny Zemlyansky
Feasterville, PA
61
Ilya Zherelyev
Philadelphia, PA
46
Anatoly Zagrinichny
Philadelphia, PA
62
Akbar Kadirov
Philadelphia, PA
54
Nelly Katsman
Holland, PA
41
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July 29, 2008
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INFORMATION REGARDING THE CHARGES
NAME
CHARGES
David Lynn
Conspiracy - 1 count
Visa/Asylum fraud - 1 count
Money Laundering - 1 count
Conspiracy to commit money laundering - 1 count
Yevgeny Zemlyansky
Conspiracy - 1 count
Visa/Asylum fraud - 3 counts
Money Laundering - 2 counts
Conspiracy to commit money laundering - 1 count
False statement to a government agency - 3 counts
Ilya Zherelyev
Conspiracy - 1 count
Visa/Asylum fraud - 1 count
Money Laundering - 1 count
Conspiracy to commit money laundering - 1 count
Failure to appear for a court hearing - 1 count
Anatoly Zagrinichny
Conspiracy - 1 count
Visa/Asylum fraud - 1 count
False statement to a government agency - 1 count
Akbar Kadirov
Conspiracy - 1 count
Visa/Asylum fraud - 1 count
Conspiracy to commit money laundering - 1 count
Nelly Katsman
Conspiracy - 1 count
Visa/Asylum fraud - 1 count
If convicted of all charges, the individual defendants face maximum possible sentences as
follows:
David Lynn – 65 years imprisonment; $1.5 million fine;
Yevgeny Zemlyansky – 100 years imprisonment; $2.75 million fine;
Ilya Zherelyev – 75 years imprisonment; $1.75 million fine;
Anatoly Zagrinichny – 30 years imprisonment; $750,000 fine;
Akbar Kadirov – 45 years imprisonment; $1 million fine; and
Nelly Katsman – 25 years imprisonment; $500,000 fine.
The case was investigated by the Department of Homeland Security Immigration and Customs Enforcement, the United States Department of Labor Office of Inspector General’s Office of Labor Racketeering and Fraud, the Federal Bureau of Investigation, the Office of Inspector General for Housing and Urban Development; with support from the Citizenship and Immigration Services Office of Fraud Detection and National Security, Department of State Diplomatic Security Services, the Northampton Township Police Department, and the Upper Southampton Township police.
It is being prosecuted by Assistant United States Attorney Terri A. Marinari.
UNITED STATES ATTORNEY'S OFFICE Contact: PATTY HARTMAN
EASTERN DISTRICT, PENNSYLVANIA
Media Contact
Suite 1250, 615 Chestnut Street
215-861-8525
Philadelphia, PA 19106
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