Showing posts with label d asylum fraud. Show all posts
Showing posts with label d asylum fraud. Show all posts

Sunday, November 22, 2009

Immigration Attorney Fraud - Georgia attorney pleads guilty to filing fraudulent immigration documents

November 18, 2009
Georgia attorney pleads guilty to filing fraudulent immigration documents

Lawyer helped clients obtain legal immigration status through fraud


ATLANTA - A 63-year-old of Duluth, Ga., pleaded guilty today in federal district court to one count of filing a false document with the U.S. Department of Labor (DOL) in a fraudulent effort to assist a client in obtaining legal immigration status in the United States following a U.S. Immigration and Customs Enforcement's (ICE) Document and Benefit Fraud Task Force investigation.

According to the charges and other information presented in court, Sai Hyun Lee, a licensed attorney in Georgia, charged an alien seeking lawful status in the United States $25,000 to substitute the client on an approved labor certificate that had been issued to an employer but for a different foreign worker.

Lee then assisted her client in using the labor certificate to apply for lawful resident status in the United States based upon employment, with knowledge that the client did not work for the employer and did not intend to work for the employer to which the labor certificate was issued, as is required by federal law.

Based upon the application which fraudulently represented that Lee's client was working in compliance with the approved labor certificate, the client obtained legal status as a lawful resident alien. Lee's client never worked for the employer and the employer was not aware that Lee used the labor certificate to assist her client in obtaining legal status.

Further investigation revealed that Lee assisted at least 16 other aliens in the same way. In some instances, aliens who hired Lee to help them obtain legal status did not know they were supposed to be working for a particular employer when they became legal resident aliens. In many instances, the employers did not know that Lee used labor certificates issued to them to assist her clients in obtaining lawful status through fraud.

"Immigration fraud poses a severe threat to national security and public safety because it creates a vulnerability that may enable terrorists, criminals, and illegal aliens to gain entry to and remain in the United States," said Kenneth Smith, special agent in charge of ICE's Office of Investigations in Atlanta. "ICE will continue using its Document and Benefit Fraud Task Forces to target unscrupulous attorneys who knowingly circumvent our immigration laws and procedures for financial reasons."

Daniel R. Petrole, acting inspector general, Department of Labor, stated: "Today's guilty plea is the result of a successful collaboration between the Office of the U. S. Attorney, ICE and the Department of Labor, Office of Inspector General. This investigation uncovered an immigration lawyer who sought to personally profit by defrauding the foreign labor certification process. My office is committed to working with the Document and Benefit Fraud Task Force to bring to justice individuals who perpetrate these crimes."

U. S. employers who can demonstrate a particular need for a foreign worker may apply to the Department of Labor for a labor certification for the foreign worker. Once the employer obtains a labor certification, the employer may apply for an immigrant visa and adjustment of status for the foreign worker. After the approval of the visa application and change of status, the foreign worker is afforded the benefit of lawful permanent residence in the United States and is expected to begin working for the employer who petitioned to bring him to the United States.

Lee faces a maximum sentence of up to 10 years in prison and a fine of up to $250,000. She also agreed to forfeit to the United States $100,000 which represents the fees that she charged the 17 aliens to assist them in submitting fraudulent applications for legal status.

Sentencing is scheduled for Feb. 18, 2010, before U. S. District Judge Thomas W. Thrash, Jr.

Assistant U. S. Attorneys William L. McKinnon, Jr., Susan Coppedge and Mary Kruger are prosecuting the case.

Thursday, November 12, 2009

Second Major Boss in Visa Fraud Conspiracy Sentenced to 78 Months

For Immediate Release
September 10, 2009 United States Attorney's Office
Eastern District of Virginia
Contact: (757) 441-6331

Second Major Boss in Visa Fraud Conspiracy Sentenced to 78 Months

NORFOLK, VA—Federal and local authorities announced today that Vahe Harutyunyan, age 35, of Armenia, was sentenced in Norfolk federal court to 78 months in prison for his role in a wide-spread visa fraud conspiracy in Hampton Roads. Harutyunyan is the second major boss sentenced for his role in this conspiracy, Dana J. Boente, United States Attorney for the Eastern District of Virginia announced after Harutyunyan was sentenced by United States District Judge Mark S. Davis. Viktor Krus was previously sentenced to 87 months in prison on July 17, 2009. Since 2001, Harutyunyan fraudulently obtained foreign labor visas and defrauded the government of $6.8 million in payroll taxes. He previously pled guilty to committing visa fraud, tax fraud, and money laundering on March 31, 2009.

Additional law enforcement authorities making the announcement today include James Dinkins, Special Agent in Charge for U.S. Immigration and Customs Enforcement (ICE)’s Office of Investigations in Washington, D.C.; C. Andre Martin, Special Agent in Charge of the Internal Revenue Service Criminal Investigation’s Washington, D.C., Field Office; John W. Schilling, Special Agent in Charge, U.S. State Department’s Diplomatic Security Service, Washington, D.C. Field Office; Robert L. Panella, Special Agent in Charge of the Washington Regional Office, U.S. Department of Labor; James H. Freis, Jr., Director, U.S. Department of the Treasury’s Financial Crimes Enforcement Network; Keith Fixel, Inspector in Charge, U.S. Postal Inspection Service’s Charlotte Division; Alex J. Turner, Special Agent in Charge, FBI’s Norfolk Field Office; Samuel G. Worth, Special Agent in Charge, Naval Criminal Investigative Service’s Norfolk Field Office; and A.M. Jacocks, Chief of Police, Virginia Beach Police Department.

According to court documents, since March 2001, Harutyunyan and his co-conspirators carried out a conspiracy involving visa and asylum fraud, marriage fraud, making fraudulent statements under oath, and filing fraudulent documents to obtain foreign labor visas for hundreds of alien employees. Some visa petitions were submitted seeking to bring in substantially more alien workers than what client hotels or businesses had contracted for or needed, and that most of the alien workers brought in through the fraudulent scheme were contracted out to hotels or businesses other than those listed on their visa and were working in states other than Virginia. As cited in the indictment, the aliens were encouraged or induced to enter or reside in the United States and transported and shielded from detection for commercial advantage and private financial gain.

After years of investigation, the U.S. Attorney approved a dedicated task force in August 2007 with the mission of dismantling this criminal organization. The task force investigating this case included ICE; the Internal Revenue Service; the U.S. State Department’s Bureau of Diplomatic Security; the U.S. Department of Labor; U.S. Department of the Treasury’s Financial Crimes Enforcement Network; the U.S. Postal Inspection Service; the FBI’s Norfolk Field Office; the Naval Criminal Investigative Service; and the Virginia Beach Police Department. Assistant United States Attorneys Joseph DePadilla and Stephen Haynie prosecuted the case for the United States.