CBP Officer Arrested for Bribery Charges

Federal authorities arrested a U.S. Customs and Border Protection (CBP) supervisory officer the morning of Thursday, October 25, 2012, on charges of accepting bribes to allow others, including his ex-wife, to smuggle goods into the United States so they could avoid paying duties and taxes.

Sam Herbert Allen, 51, of Diamond Bar, was arrested after being indicted Wednesday, October 24, 2012, by a federal grand jury on charges of conspiracy, bribery and making false statements to investigating agents with the Department of Homeland Security.

The probe was conducted by U.S. Immigration and Customs Enforcement's (ICE) Office of Professional Responsibility, ICE's Homeland Security Investigations (HSI), and the U.S. Customs and Border Protection Office of Internal Affairs.

According to the five-count indictment, Allen served as a supervisory officer assigned to oversee the examination and release of cargo entering the United States. After he was transferred to other duties within CBP, Allen convinced his ex-wife to operate an import business that would avoid paying duties on shipments coming from the People's Republic of China.

The import business – technically a "foreign trade zone" – would falsely claim that the shipments from China were not imported, but were instead immediately sent to Mexico. The indictment alleges that Allen promised to make the shipments appear to CBP as if they had been exported to Mexico, this in exchange for bribe payments of $2,000 per shipment.

During the course the scheme, which operated from at least September 2009 until March 2010, Allen allegedly received more than $100,000 in bribe payments. The indictment alleges that the scheme caused the United States to suffer a loss of at least $781,000 in unpaid customs duties and taxes.

"When public servants break the law, it leaves behind an indelible stain," said United States Attorney André Birotte Jr. "The indictment alleges that Officer Allen violated the public trust by using his position in a government agency to line his pockets and deprive the United States of legitimate taxes owed in the normal course of business. The criminal charges reflect our commitment to rooting out and punishing corrupt officials."

The indictment goes on to allege that Allen encouraged his ex-wife to lie – and that Allen himself lied – to federal law enforcement personnel investigating and prosecuting this scheme. Allen is also charged with lying to investigators when he denied discussing a separate scheme to smuggle cocaine into the United States from Mexico.

An indictment contains allegations that a defendant has committed crimes. Every defendant is presumed innocent until and unless proven guilty.

Allen is expected to be arraigned on the indictment the afternoon of Thursday, October 25, 2012, in U.S. District Court in Los Angeles.

If he is convicted of the five counts in the indictment, Allen would face a statutory maximum penalty of 35 years in federal prison.

Allen's ex-wife, Wei Lai, was charged with crimes related to her role in the smuggling scheme in July 2011. She has pleaded not guilty to the charges and is scheduled to go to trial with another defendant Feb. 19, 2013.

Russian National Pleads Guilty for Immigration Bribe Attempts

A Russian national pleaded guilty to bribery following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Office of Professional Responsibility (OPR).

Klara Rayymkulova, 51, a Russian national, knowingly and intentionally offered $5,000 to a U.S. Customs and Border Protection (CBP) officer to commit and aid in the committing of immigration fraud.

On May 1, 2011, Rayymkulova arrived at John F. Kennedy International Airport, in Queens, N.Y., aboard Turkish Airlines from Istanbul, Turkey. Rayymkulova was traveling with her adult daughter and an adult male, and possessed a B1-B2 non-immigrant visa. Upon arrival for inspection, Rayymkulova presented to CBP inspectors a fraudulent business invitation letter. The date on the letter was altered, it referred to Rayymkulova as a male, and the phone number listed for the business was disconnected.

According to court documents, after questioning by a Russian speaking CBP inspector, Rayymkulova admitted the letter was fraudulent and that she had paid for the letter. During the processing, Rayymkulova offered the Russian speaking CBP inspector an unspecified amount of money so that she might remain in the United States. The CBP inspector terminated the interview and advised supervisors of Rayymkulova's offer.

During an interview with a ICE OPR special agent, Rayymkulova again reiterated an offer of money to remain in the United States and offered $5,000 for her release, and offered another $5,000 for her daughter's release that she would send from Russia.

Rayymkulova will be sentenced December 21, 2012. She faces a statutory maximum sentence of 15 years in prison.

This case is being prosecuted by the U.S Attorney's Office for the Eastern District of New York.

Three Men Indicted for Bribing Immigration Officials

Three men, two from Atlanta and one from New York, appeared in federal court Thursday, September 6, 2012, on charges that they conspired to bribe a federal immigration official in return for assistance with their immigration status, following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Office of Professional Responsibility (OPR).

A federal grand jury indicted Hakeem Omar, 30, Ibrahim Barrie, 31, and Samuel Bolay, 24, Aug. 21 for conspiracy and bribery, and OPR special agents arrested all three men Sept. 5.

"These defendants are charged with attempting to circumvent the immigration process by offering bribes to a federal agent," said United States Attorney Sally Quillian Yates. "The integrity of our immigration process has important implications for the security of our communities, and this case shows that we will take efforts to subvert this process seriously."

"The ICE Office of Professional Responsibility considers bribery of our employees an extremely serious offense, as these actions can potentially undermine the security of our nation. We swiftly investigate all bribery attempts and take appropriate enforcement action when warranted," said David P. D'Amato, special agent in charge of OPR for the Southeast Region.

According to information presented in court: Beginning in September 2010, and continuing until at least July, Omar, Barrie and Bolay paid bribes to an OPR special agent who was working in an undercover capacity, in exchange for immigration and other benefits.

Over a two-year period, the defendants paid thousands of dollars to the undercover special agent for what they believed was assistance with their immigration status in the United States, including naturalization assistance and obtaining a permanent resident card, commonly known as a green card.

The indictment charges Omar, Barrie and Bolay with conspiracy to commit bribery, which carries a maximum term of imprisonment of five years and a maximum fine of $250,000. In addition, each defendant is charged with separate bribery counts related to each bribe paid by him, which carries a maximum term of imprisonment of 15 years and a maximum fine of $250,000, or three times the equivalent of their bribes, whichever is greater.

Lastly, defendant Omar, a naturalized citizen, also faces a charge of naturalization fraud, for which he faces 10 years in prison and a maximum fine of $250,000. If convicted, all defendants likely face removal from the United States. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt.