Canadian National and Aspiring Actor Charged with Visa Fraud for Immigration Scam

A Canadian national who operated a Los Angeles-area immigration consulting business that sought visas on behalf of aspiring foreign actors faces multiple criminal charges for allegedly cheating his clients out of thousands of dollars in an immigration scam.

Andrew Boryski, 26, was arrested Wednesday, January 9, 2013, by special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) at Los Angeles International Airport as he prepared to board a flight bound for Canada.

The Saskatchewan native, who now resides in Los Angeles, is charged with 32 misdemeanor counts filed by the Los Angeles City Attorney's Office, including three counts of grand theft, one count of practicing law without a license, and 28 counts of violating provisions of the Immigration Consultant Act. If convicted, Boryski could face up to one year in jail for each count.

"We will hold accountable charlatans who prey upon the career aspirations of others," said City Attorney Carmen Trutanich. "People who come to Los Angeles to work must be aware that it is illegal for immigration consultants to provide legal advice. Before paying them a penny, they should contact the appropriate agency and verify the consultant's credentials."

After receiving several complaints about Boryski, the City Attorney's Office sought HSI's assistance in investigating the case. Coincidentally, HSI had also received a lead about Boryski's possible involvement in immigration fraud from U.S. Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security (FDNS).

"This suspect, who's an aspiring actor himself, has landed a role in a real life crime drama," said Claude Arnold, special agent in charge for HSI Los Angeles. "The fraud perpetrated by unscrupulous consultants who prey on innocent victims undermines the integrity of our nation's legal immigration system and ultimately hurts us all. Homeland Security Investigations will continue to work tirelessly with its federal and local partners to ensure these scam artists don't succeed."

The ensuing joint investigation revealed Boryski advertised over the Internet and presented himself at actors' seminars as an immigration consultant who could help aspiring foreign actors obtain visas to work in the U.S. entertainment industry. Three complaining foreign witnesses, two from Australia and one from Ireland, allege Boryski charged them approximately $5,000 each to assist them in procuring an O-1 visa.

The O-1 visa is intended for established performers with work pending in the United States – not for newcomers to the business without actual employment, as was the case with the victims. HSI special agents determined Boryski never filed any paperwork on the victims' behalf and failed to follow through on repeated promises to refund the victims' money. Investigators found Boryski did not file an immigration consultant bond with the Secretary of State and was not licensed to practice law in California.

SAG-AFTRA National Executive Director David White praised authorities' efforts to pursue this case saying, "We applaud the work to protect actors from unscrupulous business practices that attempt to separate them from their money. Performers from all jurisdictions should be able to pursue their dreams in the entertainment industry without fear of abuse and harm."

SAG-AFTRA General Counsel Duncan Crabtree-Ireland advised performers to be wary and inform themselves saying, "Immigration service scams can have devastating consequences for any performer. All performers should take an active part in their own protection by practicing due diligence and getting educated about the rules and process for work visas."

HSI's probe into Boryski's activities is ongoing. Investigators believe there may be additional unidentified victims.

Deputy City Attorney Mark Lambert is prosecuting the case.

Canadian Alien Smuggling - Heads of Organization Arrested

May 6, 2010

Heads of Canadian alien smuggling organization sentenced

BURLINGTON, Vt. - On May 3, Jose Manuel Galdamez-Serrano, 56, Norvin Gonzalez-Morales, 29, Ruben Damas-Hernandez, 31, and Emmanuel Antonio Galdamez, 27, of Montreal, Quebec, were sentenced in U.S. District Court in Burlington following their guilty pleas to alien smuggling offenses. The defendants were extradited to the United States from Canada to face the charges contained in the indictment.
Chief U.S. District Judge William K. Sessions III sentenced Jose Manual Galdamez-Serrano to 60 months imprisonment and three years of probation following his guilty plea to one count of bringing illegal aliens in the United States for the purpose of commercial advantage and private financial gain. Judge Sessions ordered co-defendants Emmanuel Antonio Galdamez and Ruben Alonzo Damas-Hernandez, each to serve approximately 11 months imprisonment and two years probation following their guilty pleas to conspiracy to smuggle illegal aliens into the United States.
According to court documents, the defendants, collectively known as the Galdamez Organization, conspired to smuggle aliens into the United States from Canada beginning sometime in 2004 until 2007. The Galdamez Organization was primarily consists of family members, with Jose Manuel Galdamez-Serrano as the head, his son Emmanuel Galdamez, and son-in-laws Ruben Damas-Hernandez and Norvin Gonzalez-Morales.
The Galdamez Organization offered aliens smuggling services to other alien smuggling groups and persons who trafficked in human beings and to individuals living in Canada who came from other countries, including but not limited to Central and South America, Pakistan and India, whose destination were the United States. More than 100 aliens were smuggled into the United States by the Galdamez Organization.
The aliens were housed at Galdamez Organization members' homes while awaiting transportation into the United States. They were later driven to areas near the border between Canada and the United States. Galdamez Organization would guide the aliens across the border by foot and at night or directed them where to cross. Other coconspirators involved were from Maryland, Massachusetts, Connecticut, New Jersey and New York.
U.S. Attorney Tristram J. Coffin commended the efforts of special agents from U.S. Immigration and Customs Enforcement (ICE) and the U.S. Border Patrol.
The case was prosecuted by Assistant U.S. Attorney Barbara A. Masterson.