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.
A Tijuana man who allegedly posed as an immigration attorney has been arrested on state charges for defrauding at least two individuals as part of a scam to collect fees for phony immigration-related legal services while working at an office in San Ysidro.
Alberto Rodrigo Garcia, 50, of Tijuana, Mexico, was taken into custody Thursday, November 1, 2012, at the Otay Mesa Port of Entry by special agents from U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). Garcia was expected to be arraigned in state court Monday, November 5, 2012, on felony charges of grand theft and practicing law without a license.
"Our office does not tolerate scammers who take advantage of innocent victims," said San Diego County District Attorney Bonnie Dumanis. "Our Economic Crimes Unit does an outstanding job prosecuting these types of cases and bringing a measure of justice to those who were defrauded."
After receiving a tip, HSI began investigating Garcia in May. So far, the probe has identified two victims who paid more than $5,000 for what they believed were legitimate immigration services rendered by Garcia. Special agents suspect others may have fallen prey to the same scam.
"Protecting the integrity of the nation's immigration system is a top priority for HSI," said Derek Benner, special agent in charge for HSI San Diego. "As part of our ongoing efforts to protect the community from immigration fraudsters, we are seeking the public's assistance to help identify other potential victims."
Anyone with information that may be related to this case is asked to call 619-550-5183.
According to a case affidavit, Garcia met with at least two victims on separate occasions and offered to file paperwork to legally immigrate one man's spouse and another man's fiancée.
As part of his illegitimate immigration-related services, Garcia advertised using business cards that identified his business as a professional attorney service. He also provided receipts with stamps that identified him as the owner of Alberto R. Garcia, Inc. Garcia is also a licensed tax preparer.
During ensuing meetings, the victims reported they gave Garcia personal documents, such as birth and marriage certificates, passport photos, and payments to file the required paperwork.
When one of the victims subsequently went to the San Ysidro office to ask about the status of his case, he was advised that Garcia no longer worked there, but had opened a new office near the U.S. Consulate in Tijuana.
