A Houston lawyer was sentenced Friday, December 14, 2012, to 12 months and one day in federal prison, followed by 36 months of supervised release, for conspiracy to commit wire fraud. This case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Tampa and the U.S. Secret Service's Tampa and Newark, N.J., field offices.
Nicolette Loisel, 56, is the second lawyer to be sentenced in the scheme. On Aug. 9, Roger Shoss, 67, also a Houston lawyer, was sentenced to 18 months in prison, followed by 36 months of home confinement.
According to testimony and evidence presented at trial, from February 2005 through July 2006, Loisel and Shoss conspired to steal the identities of dormant, publicly-traded companies. They then used the corporate identities they had stolen to create fraudulent, empty-shell companies that had the appearance of being publicly traded.
They subsequently sold the fraudulent empty-shell companies for a profit. The four companies featured in the indictment were Mobilestream Inc., Regaltech Inc., Nanoforce Inc. and Rocky Mountain Gold Mining Inc., which emanated from 3E International Inc., Pacific Chemical Inc., Webgalaxy Inc. and Greensmart Corporation, respectively.
The administrative and money laundering functions of this scheme were headquartered in Pinellas County, Fla. Multiple wire transfers, totaling at least $800,000, were initiated from the Middle District of Florida to Shoss, in payment for the companies. Shoss, in turn, paid Loisel more than $450,000 for her role in the scheme.
"These individuals – both lawyers – conspired to make a profit through a sophisticated investment fraud and money laundering scheme," said Sue McCormick, special agent in charge of HSI Tampa. "HSI works closely with our law enforcement partners to identify and prosecute con-artists like Loisel and Shoss."
In addition to their prison sentences, Loisel and Shoss are required to pay a final forfeiture money judgment, in the amount of $800,000. This amount represents proceeds obtained by Loisel and Shoss as a result of their criminal activities.
"The U.S. Secret Service and HSI continually strive to enhance our law enforcement partnership by leveraging our respective capabilities, expertise and manpower in support of our distinct law enforcement missions," said John Joyce, U.S. Secret Service's Tampa special agent in charge. "The U.S. Secret Service and HSI will continue to effectively investigate, deter and diminish the threat posed by various types of criminals to our nation's financial infrastructure."
Following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), a Pennsylvania woman pleaded guilty Thursday December 6, 2012, to conspiracy to commit mail fraud.
Eleni Nguyen, 29, of Phoenixville, Pa., pleaded guilty in federal court to the charge in connection with filing false documents with the Pennsylvania Unemployment Compensation program. Nguyen is the third person charged in a scheme involving a temporary employment agency hiring illegal alien employees. Nguyen is the owner of the employment agency.
Andri Gunawan, a representative for the company, previously entered guilty pleas to various crimes, including conspiracy to transport illegal aliens, harboring illegal aliens and mail fraud.
Both Gunawan and Nguyen are awaiting sentencing.
As part of the scheme, members of the employment agency contracted with various third party businesses to provide temporary employees. The conspirators would fulfill these contracts by hiring illegal aliens and paying them in cash "under the table," failing to pay various federal, state and local taxes, fees or compensation insurance. Using this scheme, the temporary employment agency was able to maximize its profits.
At sentencing, Nguyen faces a maximum of five years in prison and a fine of $250,000.
The U.S. Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations, the Pennsylvania State Police and U.S. Department of Health and Human Services assisted in the investigation.
Three Chinese nationals from the Katy, Texas, area were taken into custody Thursday, October 25, 2012, following the return of an indictment alleging a conspiracy to harbor and induce illegal aliens to reside in the U.S, and unlawful employment.
These arrests were announced by U.S. Attorney Kenneth Magidson, Southern District of Texas. The investigation is being conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
The indictment indicates Song Yu, 32, Hue Chen, 36, and Cheng Jie Chen, 40, hired illegal aliens from Guatemala to work at the Bamboo Village, aka New Bamboo Village restaurant. In addition, some of these aliens were allegedly directed to obtain fraudulent work authorization documents. They never presented identification documents and never completed I-9 forms, as required by law, according to the indictment. The indictment further alleges illegal aliens and other workers were provided housing, and were transported to and from the restaurant.
Bamboo Village restaurant is a Chinese restaurant located on the 5100 block of Avenue H, in Rosenberg, Texas. Cheng Jie Chen was its original director and president. On April 5, 2010, the restaurant changed the corporation name to New Bamboo Village Inc., at which time Yu, Cheng Jie Chen's nephew, was named as the director and president.
Federal law requires employers to hire only U.S. citizens and aliens who are authorized to work in the United States. Further, employers must verify employment eligibility using the Employment Eligibility Verification Form (I-9). The employer is required to examine, at the time of hire, the documentation provided by the individual that establishes his identity and employment eligibility to ensure the documents presented appear to be genuine and relate to the individual. The employer must retain the I-9 forms for three years after the date of the hire or one year after the date the individual's employment is terminated, whichever is later.
On March 24, 2009, HSI special agents encountered and arrested illegal aliens at a residence on the 4900 block of Timber Lane in Rosenberg. These individuals, who did not have the proper I-9 documentation, allegedly worked at Bamboo Village and resided at the Timber Lane location. According to the indictment, they were transported daily to work at the restaurant.
HSI issued a warning notice to the restaurant on or about July 1, 2010, advising then owner Chen Jie Chen of the penalties associated with knowingly hiring and employing illegal aliens, and the lack of the I-9 forms.
On Aug. 22, 2012, HSI personnel again encountered more illegal aliens who were arrested at the same Timber Lane residence. At the time, all were allegedly being housed by the defendants at this location while working at New Bamboo Village.
The three were expected to make their initial appearances before U.S. Magistrate Judge Nancy Johnson Oct. 26. If convicted of the conspiracy charge, they face up to 10 years in prison, as well as a maximum $250,000 fine. Unlawfully employing illegal aliens carries an additional six-month prison term, and a $3,000 fine.
Assistant U.S. Attorney Suzanne Elmilady, Southern District of Texas, is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.
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.
