Thursday, January 31, 2013

Woman Indicted for Visa Fraud, Tax Fraud, and Identity Theft


A federal grand jury indicted Karen Kimble, aka Karen Kimble-Mamah and Karen Mamah, 38, of Owings Mills, Md., on charges of wire fraud, subscribing to a false tax return, aiding in the filing of a false tax return, aggravated identity theft and visa fraud.

The indictment was returned Jan. 24 and Kimble had her initial appearance Jan. 28 in U.S. District Court in Baltimore before U.S. Magistrate Judge Susan K. Gauvey.

The 21-count indictment alleges that from February 2008 through at least April 2012, Kimble, who falsely held herself out to others as a "certified tax preparer," conducted a tax fraud scheme by submitting fraudulent tax returns for clients. Specifically, the indictment alleges that Kimble falsely inflated credits and deductions and clients' tax returns, as well as on her own tax returns, in order to fraudulently increase the tax refund. Kimble provided her clients with a tax return that did not reflect the false deductions and credits, nor did she inform them of the fraudulent deductions and credits. Kimble filed the fraudulent returns without her clients' knowledge or permission, using their personal identifiable information.

Kimble directed that the tax refunds be mailed or directly deposited with all of the refund sent to Kimble, or with some of the refund sent to the taxpayer and some to Kimble. The indictment alleges that Kimble received a total of more than $221,000 in fraudulent federal tax refunds, none of which she reported as income on her own tax returns. The indictment seeks forfeiture in the amount of $221,698, alleged to be the proceeds of the scheme.

The indictment also alleges that on Feb. 14, 2008, Kimble married a Ghanian citizen, knowing that the marriage was not valid because the Ghanian was not legally divorced from his first wife.

Kimball faces a maximum sentence of 30 years in prison for each of six counts of wire fraud, three years in prison for each of five counts of subscribing to a false tax return and for each of five counts of aiding in the filing of a false tax return, a mandatory two years in prison consecutive to any other sentence for each of four counts of aggravated identity theft and 10 years in prison for visa fraud.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

The investigation was conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Baltimore; The Internal Revenue Service, Criminal Investigation, Washington, D.C. Field Office and U.S. Citizenship and Immigration Services Baltimore District Office.

The case is being prosecuted by Assistant U.S. Attorney Peter M. Nothstein.

Wednesday, January 30, 2013

Connecticut Teacher Sentenced to Prison for Child Sexual Exploitation


A former Connecticut teacher was sentenced Monday, January 28, 2013, by Senior U.S. District Judge Ellen Breen Burns to 121 months in federal prison, followed by five years of supervised release, for child sexual exploitation offenses. The sentence is the result of an extensive investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Richard D. Hendricks, 32, of Ashford, Conn., was formerly employed as a computer teacher at the East Hampton Middle School in East Hampton, Conn.

"This solemn but important prosecution revealed that the defendant, a middle school teacher, paid for and viewed live webcasts showing the sexual abuse of children overseas, and voyeuristically photographed and videotaped female students in his classroom," said U.S. Attorney David B. Fein, District of Connecticut. "His criminal behavior represents an extreme violation of trust, which we at the U.S. Attorney's Office, along with our law enforcement investigative partners, are committed to combating."

"The receipt and of possession of child pornography by a teacher is one of the most heartbreaking violations of trust imaginable," said Bruce M. Foucart, special agent in charge of HSI Boston. Foucart oversees HSI throughout New England. "We have an obligation to ensure that individuals who hold positions of trust in our community are held accountable for their actions. Today's sentence is a stern reminder about the consequences awaiting those who use the Internet to sexually exploit innocent children."

According to court documents and statements made in court, a national HSI investigation revealed that Hendricks purchased Internet access to live sex shows involving minors from approximately October 2009 to April 2010. The abusive shows originated in the Philippines.

HSI special agents seized two laptop computers, one desktop computer and two external hard drives from Hendricks's residence June 6, 2011. Subsequent forensic evaluation revealed that Hendricks used his computer to receive numerous images and video files of child pornography – including images of children under the age of 12 – and images portraying sadistic or masochistic conduct or other depictions of violence.

Investigators also discovered numerous images and videos of Hendricks' students at East Hampton Middle School. While many of the pictures were related to Hendricks' duties as yearbook advisor, investigators discovered that Hendricks secretly took voyeuristic photos and videos of female students in his classroom. He also manipulated some of these images to enhance their visibility, and used a software program to attempt to visualize the private areas of clothed girls.

During the course of the investigation, parental notification was made when investigators identified children who Hendricks secretly photographed or video recorded. With parental consent, agents conducted dozens of forensic interviews of the children.

Hendricks has been detained since his arrest June 9, 2011. On Jan. 19, 2012, he pleaded guilty to one count of receipt of child pornography.

HSI received assistance in investigating this case from the Connecticut State Police and the East Hampton Police Department.

This investigation was part of Operation Predator, a nationwide HSI initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders and child sex traffickers. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-347-2423 or by completing its online tip form. Both are staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-843-5678.

HSI is a founding member and current chair of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse.

Assistant U.S. Attorneys Ray Miller and Deborah Slater, District of Connecticut, prosecuted this case on behalf of the U.S. government.

Tuesday, January 29, 2013

US Citizen Sentenced for Connection to Terror Plots in India and Denmark


A U.S. citizen, partly of Pakistani descent, was sentenced Thursday, January 24, 2013, to 35 years in prison for a dozen federal terrorism crimes relating to his role in planning the November 2008 terrorist attacks in Mumbai, India, and a subsequent proposed attack on a newspaper in Denmark.

David Coleman Headley, 52, pleaded guilty in March 2010 to all 12 counts that were brought against him following his arrest in October 2009 as he was about to leave the country. 

Immediately after his arrest, Headley began cooperating with authorities.

This prison sentence resulted from an investigation conducted by the Chicago Joint Terrorism Task Force, led by the Chicago Office of the FBI, with assistance from FBI offices in Los Angeles, Philadelphia and Washington, D.C. U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) also provided assistance.

Headley was ordered to serve 35 years, followed by five years of supervised release, by U.S. District Judge Harry Leinenweber. There is no federal parole, and defendants must serve at least 85 percent of their sentence.

"Mr. Headley is a terrorist," Judge Leinenweber said in imposing the sentence. "There is little question that life imprisonment would be an appropriate punishment for Headley's incredibly serious crimes but for the significant value provided by his immediate and extensive cooperation," the government argued in seeking a sentence of 30 to 35 years.

In pleading guilty and later testifying for the government at the trial of a co-defendant, Headley admitted that he attended training camps in Pakistan operated by Lashkar e Tayyiba, a terrorist organization operating in that country, on five separate occasions between 2002 and 2005. In late 2005, Headley received instructions from three members of Lashkar to travel to India to conduct surveillance, which he did five times leading up to the Mumbai attacks in 2008 that killed more than 160 people, including six Americans, and wounded hundreds more.

Headley's plea agreement in March 2010 stated that he "has provided substantial assistance to the criminal investigation, and also has provided information of significant intelligence value." 

In consideration of Headley's past cooperation and anticipated future cooperation, including debriefings for gathering intelligence and national security information, the Attorney General of the United States authorized the U.S. Attorney's Office not to seek the death penalty. Headley's cooperation also includes testifying in any foreign judicial proceedings by way of deposition, via video-conferencing or letters.

"Today's sentence is an important milestone in our continuing efforts to hold accountable those responsible for the Mumbai terrorist attacks and to achieve justice for the victims. Our investigations into Mumbai attacks and the Denmark terror plot are ongoing and active. I thank the many agents, analysts and prosecutors responsible for this investigation and prosecution," said Lisa Monaco, Assistant Attorney General for National Security.

Headley was convicted of the following crimes:

·                             conspiracy to bomb public places in India;
·                             conspiracy to murder and maim persons in India;
·                             six counts of aiding and abetting the murder of U.S. citizens in India;
·                             conspiracy to provide material support to terrorism in India;
·                             conspiracy to murder and maim persons in Denmark;
·                             conspiracy to provide material support to terrorism in Denmark; and
·                             conspiracy to provide material support to Lashkar.

According to Headley's guilty plea and testimony, he attended the following training camps operated by Lashkar:

·                             a three-week course starting in February 2002 that provided indoctrination on the merits of waging jihad;
·                             a three-week course starting in August 2002 that provided training in the use of weapons and grenades;
·                             a three-month course starting in April 2003 that taught close combat tactics, the use of weapons and grenades, and survival skills;
·                             a three-week course starting in August 2003 that taught counter-surveillance skills; and
·                             a three-month course starting in December 2003 that provided combat and tactical training.

Mumbai Terror Attacks

After receiving instructions in late 2005 to conduct surveillance in India, Headley changed his given name from Daood Gilani in February 2006 in Philadelphia to facilitate his activities on behalf of Lashkar by portraying himself in India as an American who was neither Muslim nor Pakistani. In the early summer of 2006, Headley and two Lashkar members discussed opening an immigration office in Mumbai as a cover for his surveillance activities.

Headley eventually made five extended trips to Mumbai - in September 2006, February and September 2007, and April and July 2008 - each time making videotapes of various potential targets, including those attacked in November 2008. Before each trip, Lashkar members and associates instructed Headley regarding specific locations where he was to conduct surveillance. After each trip, Headley traveled to Pakistan to meet with Lashkar members and associates, report on the results of his surveillance, and provide the surveillance videos. Before the April 2008 surveillance trip, Headley and co-conspirators in Pakistan discussed potential landing sites in Mumbai for a team of attackers who would arrive by sea. Headley returned to Mumbai with a global positioning system device and took boat trips around the Mumbai harbor, and entered various locations into the device.

Between Nov. 26 and 28, 2008, 10 attackers trained by Lashkar carried out multiple assaults with firearms, grenades and improvised explosive devices against multiple targets in Mumbai, including the Taj Mahal and Oberoi hotels, the Leopold Café, the Chabad House and the Chhatrapati Shivaji Terminus train station. Headley had scouted each site in advance, which the resulting terrorist attacks killed 164 victims and wounded hundreds more.

The six Americans killed during the siege were Ben Zion Chroman, Gavriel Holtzberg, Sandeep Jeswani, Alan Scherr, his daughter Naomi Scherr, and Aryeh Leibish Teitelbaum. In March 2009, Headley made a sixth trip to India to conduct additional surveillance, including of the National Defense College in Delhi, and of Chabad Houses in several cities.

Denmark Terror Plot

Regarding the Denmark terror plot, Headley admitted and testified that in early November 2008, he was instructed by a Lashkar member in Pakistan, to conduct surveillance of the Copenhagen and Aarhus offices of the Danish newspaper Morgenavisen Jyllands-Posten in preparation for an attack in retaliation for the newspaper's publication of cartoons depicting the Prophet Mohammed. After this meeting, Headley informed co-defendant Abdur Rehman Hashim Syed (Abdur Rehman), also known as "Pasha," of his assignment. Abdur Rehman told Headley words to the effect that if Lashkar did not go through with the attack, Abdur Rehman knew someone who would. Although not identified by name at the time, Headley later learned this individual was co-defendant Ilyas Kashmiri. Abdur Rehman previously told Headley that he was working with Kashmiri and that Kashmiri was in direct contact with a senior leader of Al Qaeda.

While in Chicago in late December 2008 and early January 2009, Headley exchanged emails with Abdur Rehman to continue planning for the attack and to coordinate his travel to Denmark to conduct surveillance. In January 2009, at Lashkar's direction, Headley traveled from Chicago to Copenhagen to conduct surveillance of the Jyllands-Posten newspaper offices in Copenhagen and Aarhus and scouted and videotaped the surrounding areas.

In late January 2009, Headley met separately with Abdur Rehman and a Lashkar member in Pakistan, discussed the planned attack on the newspaper, and provided them with videos of his surveillance. About the same time, Abdur Rehman provided Headley a video produced by the media wing of Al Qaeda in about August 2008, which claimed credit for the June 2008 attack on the Danish embassy in Islamabad, Pakistan, and called for further attacks against Danish interests to avenge the publication of the offending cartoons.

In February 2009, Headley and Abdur Rehman met with Kashmiri in the Waziristan region of Pakistan, where they discussed the video surveillance and ways to carry out the attack. Kashmiri told Headley that he could provide manpower for the operation and that Lashkar's participation was not necessary. In March 2009, a Lashkar member advised Headley that Lashkar put the newspaper attack on hold because of pressure resulting from the Mumbai attacks. In May 2009, Headley and Abdur Rehman again met with Kashmiri in Waziristan

Kashmiri told Headley to meet with a European contact who could provide Headley with money, weapons and manpower for the Denmark attack, and relate Kashmiri's instructions that this should be a suicide attack and the attackers should prepare martyrdom videos beforehand. Kashmiri also stated that the attackers should behead captives and throw their heads on to the street in Copenhagen to heighten the response from Danish authorities, and added that the "elders," whom Headley understood to be Al Qaeda leadership, wanted the attack to happen as soon as possible.

In late July and early August 2009, Headley traveled from Chicago to various places in Europe, and met with and attempted to obtain assistance from Kashmiri's contacts and, while in Copenhagen, he made about 13 additional surveillance videos. When he returned to the United States Aug. 5, 2009, Headley falsely told a U.S. Customs and Border Protection (CBP) inspector in Atlanta that he had visited Europe for business reasons. On Oct. 3, 2009, Headley was arrested at O'Hare International Airport in Chicago, intending ultimately to travel to Pakistan to deliver about 13 surveillance videos to Abdur Rehman and Kashmiri.

One of Headley's co-defendants, Tahawwur Rana, 52, of Chicago, was sentenced last week to 14 years in prison for conspiracy to provide material support to the Denmark terror plot and providing material support to Lashkar. Headley testified for the government at Rana's trial in June 2011.

The government is being represented by Assistant U.S. Attorneys Daniel Collins and Sarah E. Streicker, Northern District of Illinois, with assistance from the Counterterrorism Section of the Justice Department's National Security Division. Federal prosecutors in Los Angeles have worked on a broader investigation of the Mumbai attacks. 

Monday, January 28, 2013

Dominican Republic National and Murder Suspect Deported by ICE


A Dominican Republic man, who resided unlawfully in the Inwood section of Manhattan, was deported early Thursday January 24, 2013, and turned over to Dominican Republic authorities by officers with U.S. Immigration and Custom's Enforcement's (ICE) Enforcement and Removal Operations (ERO). The man, who was wanted in connection with four murders, was previously removed from the United States after a felony criminal conviction for selling narcotics. After his prior deportation, he illegally re-entered the country.

Hector Vargas-Valero, 39, a Dominican Republic national, was deported from the United States via an ICE charter flight. ERO officers turned him over to Dominican Republic authorities early Thursday, January 24, 2013. His removal follows his Jan. 7, 2013, arrest by ERO officers assigned to the agency's Criminal Alien Program.

On Aug. 26, 2011, Vargas-Valerio and co-conspirators allegedly kidnapped four individuals in which all were murdered in Santiago, Dominican Republic. On Sept. 22, 2011, a judge in Santiago issued a warrant for Vargas-Valerio's arrest in relation to this alleged crime.

On July 12, 2012, Interpol issued a "diffusion notice" for Vargas-Valerio. This notice requests the arrest or location of an individual - or additional information - in relation to a police investigation.

"Vargas-Valerio is an international fugitive who allegedly kidnapped and ended four lives in the Dominican Republic," said Raymond A. Simonse, acting field office director for ERO New York. "He illegally entered the United States in an attempt to evade justice and start a new life. We discovered who he really is, and now we have returned him to his homeland to face prosecution for his alleged crimes."

Vargas-Valerio was admitted into the United States as a lawful permanent resident July 18, 1984. New York Superior Court convicted him Oct. 6, 1993, for selling a controlled substance. He was subsequently sentenced to 54 months in prison.

Due to the criminal conviction, his legal status was revoked. On Nov. 18, 1998, the legacy Immigration and Nationality Service removed Vargas-Valerio from the United States to the Dominican Republic.

After his deportation, Vargas-Valerio returned to the United States unlawfully. The agency reinstated his final order of removal from 1998.

Since Oct. 1, 2009, ERO has removed more than 566 foreign fugitives from the United States who were being sought in their native countries for serious crimes, including kidnapping, rape and murder. ERO works with ICE's Office of International Affairs, foreign consular offices in the United States, and Interpol to identify foreign fugitives illegally present in the country.

Friday, January 25, 2013

Brazilian Couple Plead Guilty to Human Trafficking


Two Brazilian nationals pleaded guilty Wednesday, January 16, 2013, to smuggling illegal aliens into the United States for profit. The guilty plea follows an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Juliana Rose Tome-Froes, 36, and her husband, Fabio Rodrigues Froes, 49, pleaded guilty to six counts of bringing and attempting to bring aliens to the United States for commercial advantage and two counts of bringing and attempting to bring aliens to the United States for private financial gain.

According to plea documents, from at least October 2008 until approximately September 2010, the defendants organized, operated and managed a human smuggling network that operated in Brazil, France, England, the Bahamas and the United States. The defendants met with illegal aliens and negotiated forms of payment to be smuggled into the United States

Before the illegal aliens departed Brazil, the defendants instructed them to act like tourists and explained that the itinerary through Europe would support a tourist cover story. In exchange for approximately $16,000, Tome-Froes, with assistance from Froes, arranged air transportation from Brazil to Paris, then London and Nassau, Bahamas. Tome-Froes arranged the illegal aliens' lodging in Paris and Nassau, and then instructed them to fly to Freeport, Bahamas, where they waited for a boat to transport them to the United States. For the final leg into the United States, Tome-Froes coordinated with various individuals in South Florida to pilot a small boat to Freeport, which picked up the illegal aliens and transported them to the United States.

At sentencing, scheduled for March 21, Tome-Froes faces a maximum penalty of 15 years in prison and a $250,000 fine, and Froes faces a maximum penalty of 10 years in prison and a $250,000 fine.

Thursday, January 24, 2013

Religious Leader and Indian National Sentenced for Visa Fraud


A religious leader from India, who founded a local Hindu temple, was sentenced Tuesday, January 22, 2013, to more than three years in prison in connection with a religious visa fraud scheme that operated in India and Wisconsin.

This sentence resulted from an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Sagarsen Haldar, aka Gopal Hari Das, 33, was sentenced Jan. 22 in the Eastern District of Wisconsin to 37 months in federal prison for conspiring to commit immigration fraud. He was found guilty by a federal jury Nov. 10, 2011 of fraudulently obtaining religious worker visas – known as "R-1" visas – for Indian nationals in exchange for substantial cash payments. After he completes his prison sentence, Haldar will be turned over to ICE and placed into removal proceedings.

Haldar identifies himself as the founder, president, CEO and spiritual leader of Gaudiya Vaisnava Society (GVS), a religious temple located at 2425 W. Ramsey Ave. in Milwaukee.

According to evidence at trial, Haldar conspired to sponsor more than two dozen Indian nationals to enter the country under R-1 visas. Typically, the R-1 applications falsely stated that the individuals were religious workers from India who planned to be priests and perform religious work at the GVS temple in Milwaukee. In fact, the Indian nationals had no religious training or experience, and they had no intention of being priests or performing religious work once they arrived in the United States.

Haldar was charged in June 2010 after HSI special agents arrested him at O'Hare International Airport in Chicago as he arrived in the United States from India. A search of Haldar's luggage revealed that he was transporting identification documents – including passports and other Indian identification documents – bearing the names and photographs of other Indian nationals. 

His arrest was the culmination of a lengthy HSI investigation into Haldar and GVS.

The investigation into Haldar was initiated in June 2008 after HSI received information from U.S. Citizenship and Immigration Service's (USCIS) Benefit Fraud Unit that GVS had filed numerous petitions for R-1 religious workers from India. Subsequent investigation by HSI revealed that Haldar used the GVS temple as a front for an elaborate religious visa fraud scheme.

In the scheme, Haldar charged Indian nationals as much as $30,000 each in exchange for his assistance to fraudulently obtain R-1 visas. The fraudulent priests typically made substantial cash payments to Haldar and his associates in India, and were indebted to Haldar for the balance once they arrived in the United States. They worked at convenience stores and other Milwaukee-area locations, drove taxi cabs, and paid Haldar from what they earned.

"This country's immigration system is not for sale, and those who think they can exploit the system for personal gain will pay the price for their crimes," said Gary Hartwig, special agent in charge for HSI Chicago. "Visa fraud not only undermines the integrity of our legal immigration process, it also poses a significant security vulnerability."

HSI was assisted in the investigation by USCIS and the U.S. Department of State's Diplomatic Security Service. First Assistant U.S. Attorney Gregory J. Haanstad, Eastern District of Wisconsin, successfully prosecuted the case. 

Wednesday, January 23, 2013

ICE's Operation Dark Night Busts Sex Trafficking Ring, Rescues 11 Victims


On Thursday, January 17, 2013, U.S. Immigration and Customs Enforcement (ICE) announced the results of a lengthy investigation, called Operation Dark Night, into a sex trafficking ring operating in Florida, Georgia and the Carolinas. The investigation, which was led by ICE's Homeland Security Investigations (HSI), led to a takedown Wednesday, January 16, 2013, in which authorities made 13 criminal arrests and 44 administrative arrests tied to the investigation, as well as the rescue of as many as 11 victims.

"ICE investigates a wide array of crimes, but the trafficking of women and girls for prostitution is among the most sinister," said ICE Director John Morton. "Few crimes so damage their victims and undermine basic human decency. Our fight against this evil must be relentless, both here and abroad."

U.S. Attorney for the Southern District of Georgia Edward Tarver said, "In what essentially amounts to slavery in the year 2013, the conduct described in the indictment against these defendants is reprehensible. This case is a prime example of the United States Attorney's Office and HSI recognizing that human trafficking is a cancer facing our society and taking a stand to stop the victimization of women involved in sex trafficking."

According to the indictment, Joaquin Mendez-Hernandez, aka El Flaco, conspired with each of the other defendants to transport people across interstate boundaries to engage in prostitution. In addition, Mendez-Hernandez allegedly conspired with at least three others to entice women from Mexico, Nicaragua and elsewhere to travel to the United States with false promises of the American dream. Once inside the United States, these women were allegedly threatened and forced to commit acts of prostitution at numerous locations in Savannah and throughout the Southeast. In one such instance identified in the indictment, Mendez-Hernandez is alleged to have told a Mexican woman that she would be sent back to her home country unless she serviced 25 clients a day.

HSI provides relief to victims of human trafficking by allowing for their continued presence in the United States during criminal proceedings. Victims may also qualify for a T visa, which is issued to victims of human trafficking who have complied with reasonable requests for assistance in investigations and prosecutions. Anyone who suspects instances of human trafficking is encouraged to call the HSI tip line at 1-866-DHS-2-ICE (866-347-2423) or the Human Trafficking Hotline at 1-888-373-7888. Anonymous calls are welcome.

Operation Dark Night was led by HSI, with assistance from the FBI; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Customs and Border Protection (CBP); CBP Air and Marine Operations; the Internal Revenue Service's Criminal Investigations; the Savannah-Chatham Metropolitan Police Department; the Chatham County Sheriff's Office; the Garden City Police Department; and, the Chatham-Savannah Counter Narcotics Team. Assistant U.S. Attorney Tania D. Groover and E. Greg Gilluly Jr. are prosecuting the case on behalf of the United States.

Tuesday, January 22, 2013

New York Man Convicted for Sex Trafficking



A New York man was convicted after a jury trial before U.S. District Judge Richard J. Arcara of sex trafficking by force, sex trafficking of a minor by force and sex trafficking of a minor. When sentenced, he faces up to life in prison and a $250,000 fine. The conviction is the result of an extensive investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and local law enforcement agencies.

Between winter 2010 and August 2012, Kenneth Graham, 25, of Amherst, N.Y., recruited, promoted and profited from the prostitution activities of two minor girls knowing that the girls were under the age of 18. Graham also recruited, promoted and profited from a third victim, a woman in her 20s.

Graham placed advertisements on the website "backpage." One ad read, "Amazingly Sexy Sweet Petite Companion 20 working out of the airport area." The acts took place in various hotels in the towns of Amherst and Cheektowaga, N.Y., and customers were charged between $100 and $200.
According to evidence presented by the government, two of the victims were assaulted and threatened by the defendant. One victim testified that Graham told her "I'll kill you" and a second victim testified that Graham brandished a weapon at her. Under cross examination, the defendant admitted to pushing one of the victims into a wall and over a piece of furniture.

"This is the first sex trafficking conviction at trial in the Western District of New York," said U.S. Attorney William J. Hochul Jr., Western District of New York. "Based on charges recently filed by our office, the problem of human trafficking appears to be growing but so too is our ability to investigate and prosecute these crimes. In the past year, we have filed charges against seven defendants who are accused of victimizing a total of 12 victims. Freedom is a basic human right and individuals should not be forced into actions or behaviors that are both illegal and can cause long term physical, psychological and emotional damage."

"Today's guilty verdict is the result of the great partnership HSI has with law enforcement in Western New York in our unyielding resolve to bring human traffickers to justice," said James C. Spero, special agent in charge of HSI Buffalo. "Trafficking children for sex is one the most deplorable crimes our HSI special agents investigate. My agency is committed to protecting those who cannot protect themselves. These cases are extremely difficult to investigate - and prosecute - and would not be possible without the hard work and dedication of our special agents and attorneys."

The conviction is the result of an investigation on the part of HSI, Amherst Police Department, Cheektowaga Police Department. and Buffalo Police Department. Additional support was provided by the Western District of New York Human Trafficking Task Force and Alliance. Anyone who has knowledge of any form of trafficking is encouraged to contact the task force or the National Human Trafficking Resource Center Hotline at 888-373-7888.

Sentencing has been scheduled for May 8, 2013, at 12:30 p.m. before Judge Arcara.

Assistant U.S. Attorneys Robert C. Moscati and Kathleen A. Lynch, Western District of New York, are prosecuting this case on behalf of the U.S. government.

Monday, January 21, 2013

Pakistani Native Sentenced for Supporting Terrorists



A Pakistani native, who operated a Chicago-based immigration business, was sentenced Thursday, January 17, 2013, to 14 years in prison for conspiring to provide material support to a terrorist plot in Denmark and providing material support to Lashkar e Tayyiba, a terrorist organization operating in Pakistan, that was responsible for the November 2008 attacks in Mumbai, India.

The defendant, Tahawwur Rana, was convicted of the charges June 9, 2011 following a three-week trial in U.S. District Court in Chicago.

This prison sentence resulted from an investigation conducted by the Chicago Joint Terrorism Task Force, led by the Chicago Office of the FBI, with assistance from FBI offices in Los Angeles, New York and Washington, D.C. U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) also provided assistance.

Rana, 52, a Canadian citizen, was ordered to serve 14 years, followed by five years of supervised release, by U.S. District Judge Harry Leinenweber, Northern District of Illinois. "This certainly was a dastardly plot," Judge Leinenweber said in imposing the sentence.

Rana was convicted of conspiring to provide material support to a plot from October 2008 to October 2009 to commit murder in Denmark, including a horrific plan to behead employees of Morgenavisen Jyllands-Posten, a Danish newspaper, and throw their heads onto a Copenhagen street. Rana was also convicted of providing material support, from late 2005 to October 2009, to Lashkar, a militant jihadist organization operating in Pakistan. Lashkar planned and carried out the November 2008 attacks in Mumbai that killed more than 160 people, including six Americans, before initially planning the terrorist attack in Denmark in retaliation for the newspaper's publication of cartoons depicting the Prophet Mohammed. Rana was acquitted of conspiring to provide material support to the Mumbai attacks.

"This serious prison sentence should go a long way towards convincing would-be terrorists that they can't hide behind the scenes, lend support to the violent aims of terrorist organizations, and escape detection and punishment," said Gary S. Shapiro, acting U.S. Attorney for the Northern District of Illinois.

"Today's sentence demonstrates that, just as vigorously as we pursue terrorists and their organizations, we will also pursue those who facilitate their violent plots from a safe distance. As established at trial, Tahawwur Rana provided critical support to David Headley and other terrorists from his base in the United States, knowing they were plotting attacks overseas. I thank the many agents, analysts and prosecutors who helped bring about today's result," said Lisa Monaco, Assistant Attorney General for National Security.

"It is my hope that the judge's decision today sends a message to those who plot attacks and those who provide the support to make the plots possible, both here and abroad, that you will be held accountable for your actions. Our mission, detecting and preventing terrorist acts and eliminating the enabling support provided by terrorist sympathizers, remains our top priority," said Cory B. Nelson, special agent in charge of the Chicago FBI office.

Rana is one of two defendants to be convicted among a total of eight defendants who have been indicted in this case since late 2009. Co-defendant David Coleman Headley, 52, pleaded guilty in March 2010 to 12 terrorism charges, including aiding and abetting the murders of the six Americans in Mumbai. Headley, who is scheduled to be sentenced next Thursday, January 24, 2013, has cooperated with the government since his arrest in October 2009, and testified as a government witness at Rana's trial. He is facing a maximum of life in prison.

The evidence at Rana's trial showed that he knew he was assisting a terrorist organization and murderers, knew their violent goals, and readily agreed to play an essential role in achieving their aims. The government contended that Rana knew the objective of his co-conspirators was to retaliate against and influence the Danish government for its perceived role in the publication of the Prophet Mohammed cartoons. In addition, Rana knew that the goal of Lashkar was to retaliate against and influence the Indian and Danish governments; he intended that the support he provided - enabling Headley's activities - would be used toward that purpose.

In a post-arrest statement in October 2009, Rana admitted knowing that Lashkar was a terrorist organization and that Headley had attended training camps that Lashkar operated in Pakistan. Headley testified that he attended the training camps on five separate occasions between 2002 and 2005. In late 2005, Headley received instructions from members of Lashkar to travel to India to conduct surveillance, which he did five times leading up to the Mumbai attacks three years later that killed more than 160 people and wounded hundreds more.

In the early summer of 2006, Headley and two Lashkar members discussed opening an immigration office in Mumbai as a cover for his surveillance activities. Headley testified that he traveled to Chicago and advised Rana, his long-time friend since the time they attended high school together in Pakistan, of his assignment to scout potential targets in India. Headley obtained approval from Rana, who owned First World Immigration Services in Chicago and elsewhere, to open a First World office in Mumbai as cover for his activities. Rana directed an individual associated with First World to prepare documents supporting Headley's cover story, and advised Headley how to obtain a visa for travel to India, according to Headley's testimony, as well as emails and other documents that corroborated his account.

Between Nov. 26 and 28, 2008, 10 attackers, trained by Lashkar, carried out multiple assaults with firearms, grenades and improvised explosive devices against multiple targets in Mumbai, some of which Headley had scouted in advance.

Regarding the Denmark terror plot, Headley testified that in the fall of 2008, he met with a Lashkar member in Karachi, Pakistan, and was instructed to conduct surveillance of the Jyllands-Posten newspaper offices in Copenhagen and Aarhus.

In late 2008 and early 2009, after reviewing with Rana how he had performed surveillance of the targets attacked in Mumbai, Headley testified that he advised Rana of the planned attack in Denmark and his intended travel there to conduct surveillance of the newspaper's facilities. Headley obtained Rana's approval and assistance to identify himself as a representative of First World and gain access to the newspaper's offices by falsely expressing interest in placing advertising for First World in the newspaper. Headley and Rana caused business cards to be made that identified Headley as a representative of the Immigration Law Center, the business name of First World, according to the evidence at trial.

The trial evidence also included transcripts of recorded conversations, including those in September 2009, when Headley and Rana spoke about reports that a co-defendant, Ilyas Kashmiri, an alleged Pakistani terrorist leader, had been killed and the implications of his possible death for the plan to attack the newspaper. In other conversations, Rana told Headley that the attackers involved in the Mumbai attacks should receive Pakistan's highest posthumous military honors. In the late summer of 2009, Rana and Headley agreed that funds that had been provided to Rana could be used to fund Headley's work in Denmark. The evidence showed that Rana pretended to be Headley in sending an email to the Danish newspaper.

The government is being represented by Assistant U.S. Attorneys Daniel Collins and Sarah E. Streicker, Northern District of Illinois, with assistance from the Counterterrorism Section of the Justice Department's National Security Division. Federal prosecutors in Los Angeles have worked on a broader investigation of the Mumbai attacks.

Friday, January 18, 2013

Guatemalan Alien Smugglers Sentenced



Two Guatemalan men were sentenced by a federal judge Monday, January 14, 2013, to lengthy prison terms for their roles in a hostage-taking conspiracy that resulted in the violent treatment of smuggled aliens held captive in a Mesa drop house.

Domingo Agustin-Simon, 31, was sentenced by U.S. District Judge David G. Campbell to 42 years in federal prison for conspiracy, hostage taking and brandishing a shotgun in connection with hostage taking. Leonardo Rabanales-Casia, 30, was sentenced at the same hearing to 25 years in prison for conspiracy and hostage taking.

The sentences follow the pair's October conviction by a federal jury on charges stemming from a probe led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

"These lengthy sentences serve not only to punish and deter such cruel and inhumane activity but also to protect the public from dangerous individuals that prey upon the vulnerabilities of their victims," said U.S. Attorney John S. Leonardo.

"This case illustrates the ruthlessness and brutality of the human smuggling trade," said Matt Allen, special agent in charge of HSI Arizona. "The smugglers treated the people in the drop house as a mere business commodity, with no qualms about jeopardizing their lives in order to extort personal profit. Investigating these cases is a top priority for HSI, and we will continue to work with our law enforcement partners to bring those who would choose to exploit people in this despicable way to justice."

Evidence presented at trial showed the defendants were part of an alien that smuggled aliens into the U.S. to a drop house in Mesa. In August 2011, HSI special agents and officers from the Arizona Department of Public Safety and the Phoenix Police Department went to the drop house and found more than 40 illegal aliens being held inside. Trial testimony revealed the smugglers used a shotgun to keep order in the house and threatened the aliens with physical harm and death in an effort to extort monetary payments from the aliens' families. One hostage was beaten by the smugglers and women in the drop house were sexually assaulted.

Four other co-defendants previously pleaded guilty in connection with their roles in the drop house and were sentenced to prison terms ranging from 24 months to eight years.

The case was prosecuted by Assistant U.S. Attorneys Christine D. Keller and Sean K. Lokey of the U.S. Attorney's Office-District of Arizona.

Thursday, January 17, 2013

Romanian Couple's US Citizenship Revoked for Marriage and Immigration Fraud


An Idaho couple, both from Romania, were sentenced Monday, January 14, 2013, to two years' probation, a $1,000 fine and revocation of their U.S. citizenship status for unlawful procurement of U.S. citizenship, following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Ramona Alina Fenesan, 32, and Florin Fleisher, 34, formerly of Ketchum, pleaded guilty last fall to the charges. According to their plea agreements, Fenesan and Fleisher admitted to entering into fraudulent marriages in 2003 with U.S. citizens for the sole purpose of obtaining immigration benefits - namely U.S. citizenship.

Prosecutors say that once married, the defendants filed applications with U.S. Citizenship and Immigration Services to obtain lawful permanent resident status and later naturalized based upon their marriages. Shortly after obtaining citizenship, Fenesan and Fleischer divorced their U.S. citizen spouses and married each other. At sentencing, defense counsel informed the court that as a result of the fraud and resulting convictions, the couple had lost their home and their jobs.

The two will now be taken into ICE custody and placed in removal proceedings. The case was prosecuted by the U.S. Attorney's Office for the District of Idaho.

Wednesday, January 16, 2013

ICE Target Operation Arrests 39 Criminal Aliens and Immigration Fugitives


As part of U.S. Immigration and Customs Enforcement's (ICE) ongoing commitment to prioritizing the removal of criminal aliens and egregious immigration law violators, 39 convicted criminal aliens, immigration fugitives and immigration violators were arrested during a two-day operation in Lexington.

This operation concluded Sunday, January 13, 2013, and was conducted by ICE's Enforcement and Removal Operations teams from Louisville, Ky.

Of the 39 arrested, 36 had convictions for crimes such as: assault, possessing a concealed deadly weapon, hit and run, drunken driving, aggravated assault on a law enforcement officer, domestic violence, and drug possession. One of the convicted criminals was also an immigration fugitive who had been previously ordered to leave the country but failed to depart.

The three individuals arrested who did not have any criminal convictions had been previously removed and illegally re-entered the United States, making them an enforcement priority for ICE. Anyone who re-enters the United States after having been previously deported commits a felony punishable by up to 20 years in federal prison.

Of the 39 men arrested in Lexington, 38 are from Mexico, and one is from Honduras.

Following are summaries of two individuals arrested during this operation:

·                             A 38-year-old Mexican national has prior criminal convictions for possessing a controlled substance and assault causing bodily injury of a family member. He was deported in 2005 and illegally re-entered the United States. He was arrested Jan. 12 and remains in ICE custody pending removal.
·                             A 33-year-old Mexican national has prior criminal convictions for aggravated assault on a police officer, first-degree indecent exposure, and endangering the welfare of a child. He was arrested Jan. 13 and remains in ICE custody pending removal.

"Our focus on priority targets significantly improves the safety and security of communities in Lexington and throughout the state," said Ricardo Wong, field office director for ERO Chicago. "By targeting criminal aliens and egregious immigration violators, we ensure the best use of agency resources with a continued focus on public safety."

This enforcement action was spearheaded by ICE's National Fugitive Operations Program, which is responsible for investigating, locating, arresting and removing at-large criminal aliens and immigration fugitives.

ICE is focused on smart, effective immigration enforcement that targets serious criminal aliens who present the greatest risk to the security of our communities, such as those charged with or convicted of homicide, rape, robbery, kidnapping, major drug offenses and threats to national security. ICE also prioritizes the arrest and removal of those who game the immigration system, including immigration fugitives or criminal aliens who have been previously deported and illegally re-entered the country.

Tuesday, January 15, 2013

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.

Monday, January 14, 2013

ICE Director John Morton Attends Opening of European Cyber Crimes Centre


U.S. Immigration and Customs Enforcement (ICE) Director John Morton attended the Friday, January 11, 2013, opening of the new European Cybercrime Centre (EC3), based at Europol's headquarters in The Hague. EC3 will be the focal point in the European Unions' fight against cybercrime, protecting citizens and businesses against cybercrime threats.

"The establishment of the European Cybercrime Centre (EC3) is a step in the right direction and will have a significant impact on our shared law enforcement efforts to fight child exploitation and other computer-related crimes," said Director Morton. "As our recently announced operations targeting child predators have demonstrated, the need for international police cooperation is increasingly necessary to effectively identify, arrest and prosecute these criminals."

EC3 will serve as a European information hub on cybercrime, developing and deploying digital forensic capabilities to support investigations in the EU, building capacity to combat cybercrime through training and awareness-raising, as well as delivering best practice on cybercrime investigations.

During the opening ceremony of the center, Director Morton and Europol Director Rob Wainwright signed a letter of intent between ICE and Europol, in which the two agencies committed to developing ongoing, cooperative efforts through support, training, and information sharing on cybercrime, cyber fraud and online child sexual exploitation.

Europol cybercrime experts also took part in a Europol Expo, to inform event participants about the techniques behind tackling such issues as online fraud, cybercrime which causes serious harm to the victim – such as online child sexual exploitation – as well as cybercrime that affects critical infrastructure and information systems.

ICE and Europol are members of the www.virtualglobaltaskforce.com, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse. 

Friday, January 11, 2013

18-Month TPS Extension Announced for Sudan and South Sudan


On Wednesday, January 9, 2013, Secretary of Homeland Security Janet Napolitano redesignated Sudan and South Sudan for Temporary Protected Status (TPS) and extended the existing TPS designations for the two countries from May 3, 2013, through Nov. 2, 2014. This allows eligible nationals of the two countries to register or re-register for TPS in accordance with notices for Sudan and South Sudan published Wednesday, January 9, 2013, in the Federal Register. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register or re-register as soon as possible. 

Who’s Eligible
Current TPS Status
When to File
Sudanese and South Sudanese nationals (and persons without nationality who last habitually resided in Sudan or South Sudan)
Have TPS
Must re-register during 60-day re-registration period that runs from Jan. 9, 2013, through March 11, 2013.
Do Not Have TPS
May apply for TPS during a six-month registration period that runs from Jan. 9, 2013, through July 8, 2013.









The extensions and redesignations of Sudan and South Sudan for TPS are based on ongoing armed conflict in that region and the continuation of extraordinary and temporary conditions that led to the TPS designations of Sudan in 2004 and South Sudan in 2011. Secretary Napolitano determined that extending the existing TPS designations, as well as redesignating the two countries for TPS, is warranted based on Department of Homeland Security (DHS) and Department of State reviews of country conditions conducted during the past year.
The Secretary has further determined that it is appropriate to designate Jan. 9, 2013, as the date by which Sudan and South Sudan TPS applicants must show they have continuously resided in the United States (i.e., the "continuous residence date").
DHS anticipates that approximately 300 individuals will be eligible to re-register for TPS under the existing designations of Sudan and South Sudan, and fewer than 4,000 additional individuals will be eligible for TPS under the redesignations.
Individuals applying for TPS for the first time must submit:
*               Form I-821, Application for Temporary Protected Status;
*               The Form I-821 application fee;
*               Form I-765, Application for Employment Authorization, regardless of whether they want an Employment Authorization Document (EAD);
*               The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old. Those under age 14 or age 66 and older do not need to pay the I-765 fee with their initial TPS application; and
*               The biometrics services fee if they are age 14 or older.
Individuals re-registering for TPS must submit:
*               Form I-821;
*               Form I-765, regardless of whether they want an EAD;
*               The Form I-765 application fee, but only if they want an EAD. All individuals re-registering for TPS who want an EAD must pay the I-765 fee, regardless of their age; and
*               The biometric services fee if they are age 14 or older.
Individuals who still have a pending initial TPS application under Sudan or South Sudan do not need to submit a new Form I-821. However, if such individuals currently have a TPS-related EAD and want a new EAD, they should submit:
*               Form I-765;
*               The Form I-765 application fee, regardless of their age; and
*               A copy of the receipt notice for the initial Form I-821 that is still pending.
Applicants may request that USCIS waive any or all fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. Failure to submit the required filing fees or a properly documented fee-waiver request will result in the rejection of the TPS application.
More information on TPS for Sudan and South Sudan - including guidance on eligibility, the application process and where to file - is available online at www.uscis.gov/tps. Further details on the extensions and redesignations of Sudan and South Sudan for TPS, including application requirements and procedures, are available in the Federal Register notices published Wednesday, January 9, 2013, for Sudan and South Sudan, respectively.