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.

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. 

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.

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.

Owner of L.A. Employment Agency Charged with Filing Fraudulent Work Visa Applications

The owner of a Los Angeles employment agency was indicted Thursday, November 1, 2012, on immigration fraud charges for allegedly filing more than 100 bogus work visa petitions on behalf of aliens she falsely claimed had been recruited for positions with prominent hospitals and non-profit organizations.

Lilia Tabafunda, 57, the owner of People's Resources International Services in the Wilshire Center district of Los Angeles, was named in a 10-count indictment returned the afternoon of Thursday, November 1, 2012, by a federal grand jury. The indictment charges Tabafunda with nine counts of visa fraud and one count of perjury. Two of the charges involve alleged fraud and false statements related to Tabafunda's own naturalization application.

"Visa fraud crimes often involve the unwitting and the desperate," said U.S. Attorney André Birotte Jr. "Tabafunda allegedly took this exploitation to new heights, falsely claiming associations with some of America's most trusted organizations, including internationally known cancer centers. Tabafunda exploited the goodwill of these groups for personal gain, shamelessly seeking to compromise the integrity of our naturalization system along the way."

The charges are the result of a probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Department of Labor's Office of the Inspector General. The investigation began in 2007 after HSI received a lead from U.S. Citizenship and Immigration Services' (USCIS) Fraud Detection and National Security Unit that Tabafunda was filing suspicious H-1B non-immigrant visa petitions.

Tabafunda was arrested Oct. 15 by HSI after she attempted to board a Mexico-bound cruise ship, despite prior instructions from special agents not to leave the country. Tabafunda made her initial court appearance the following day and was released on $50,000 bond.

Court documents in the case allege that for nearly a decade Tabafunda used the names of shell companies and non-profit organizations in fraudulent employment-based, non-immigrant visa petitions submitted to USCIS and the U.S. Department of Labor. According to the indictment, Tabafunda falsely claimed that her clients were being sought for positions by prominent organizations, including City of Hope, Barlow Respiratory Hospital in Los Angeles and St. Jude Children's Research Hospital. Among the jobs listed on the fraudulent employment visa petitions were budget analysts, clinical research specialists and "health educators."

Employment-based visas are normally issued when a business in the United States needs someone to fill a specific job and is unable to find a qualified employee in the domestic labor pool. The business can file a petition to allow a particular alien, who is qualified to fill the job, to enter the United States to work for the business.

"It's disturbing that someone would exploit the names of respected hospitals and public service organizations as part of a scheme to defraud the government and the American people," said Claude Arnold, Special Agent in Charge for HSI Los Angeles. "Our message is simple – America's legal immigration system is not for sale and HSI will move aggressively against those who compromise the integrity of that system simply to enrich themselves."

According to court documents, Tabafunda charged her clients anywhere from $2,500 to $10,000 to file visa petitions on their behalf. Most of Tabafunda's clients were Philippine nationals who originally entered the United States on tourist visas.

"Immigration fraud is a serious national problem and this indictment is an outstanding example of all levels of the government working together to fight fraud," said Rosemary Langley Melville, director, USCIS California Service Center. "USCIS officers encountered this scam while processing requests for immigration benefits and worked seamlessly with federal partners to identify and investigate this case. We will continue to identify those who threaten the integrity of our immigration system."

Tabafunda is scheduled to be arraigned on the indictment Nov. 13 in U.S. District Court. If she is convicted of all 10 counts in the indictment, Tabafunda would face a maximum statutory penalty of 95 years in federal prison.

Abel Salinas, special agent in charge of the Los Angeles Regional Office of the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, stated: "Today's indictment reflects our commitment to investigate allegations of fraud involving the Department of Labor Foreign Labor Certification programs. The Office of Inspector General will continue to work with our law enforcement partners to combat these types of crimes."

Michigan Man Convicted in Extreme Human Trafficking Case

A Michigan resident was found guilty Tuesday, October 20, 2012, by a federal jury, after less than a day of deliberation, on charges related to the forced slavery of minors from his native Togo. The verdict was announced by U.S. Attorney Barbara L. McQuade and U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Acting Special Agent in Charge William Hayes.

Evidence introduced during the trial established that Jean-Claude "Kodjo" Toviave, a native of Togo, West Africa, used force, and threats of force, to obtain the domestic labor of four minors from Togo from January 2006 to January 2011. Toviave brought the four minors into the United States by giving them passports with false names and dates of birth. In immigration documents, Toviave represented that the four individuals were his biological children.

Toviave pleaded guilty Feb. 24 to visa fraud, mail fraud and harboring aliens in connection with bringing the four minors to Michigan from Togo.

The four victims testified at trial that Toviave regularly beat them with broomsticks, a toilet plunger, sticks, ice scrappers and phone chargers if they failed to obey his orders to complete household labor. The victims' testimonies during trial detailed the work they were forced to do on a weekly, and occasionally, daily basis, spanning nearly five years. They were required to cook and clean for the household, wash laundry by hand, iron Toviave's suits, shine his shoes, wash and vacuum his car, babysit his friends' children and clean a friend's home. In addition to force and threats of force, Toviave used food and sleep deprivation as punishment for the minors.

"This conviction is a victory not only for the young victims in this particular case, but also for human dignity and the rule of law," said Hayes. "HSI is fully committed to working with our law enforcement partners, both local and international, to combat the crime of human trafficking. Sadly, this crime occurs every day in America. We encourage anyone who suspects that human trafficking or forced labor is occurring in their community to report it to authorities immediately."

"Many people are shocked to learn that slavery and human trafficking still exist in this country, but the victims are often hiding in plain sight," said McQuade. "We are working with victim advocates and law enforcement agencies to expose these crimes. This conviction and the liberation of these victims occurred because of the diligence of school teachers, advocates, investigators and prosecutors."

Toviave's sentencing is scheduled for Feb. 6, 2013, where he faces a statutory maximum penalty of 20 years in prison.

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.

Business Owner Sentenced for Employing Illegal Aliens

A local man and his company were sentenced Thursday, September 13, 2012, in federal court to forfeitures and probation following their visa fraud guilty pleas. The sentences resulted from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), and the U.S. Department of Labor's Office of Inspector General.

Robert Brake, 33, of Byrnes Mill, Mo., along with his company, Brake Landscaping & Lawncare Inc., pleaded guilty in June to misdemeanor charges of employing illegal aliens. Brake Landscaping & Lawncare Inc. is located in the 3500 block of Gratiot Street in St. Louis.

The company pleaded guilty to one felony count of conspiracy to commit visa fraud. Brake and his company were sentenced to two years of probation. The company paid $145,000 in forfeitures.

The H-2B non-immigrant visa program permits employers to hire aliens to enter the United States to perform temporary, non-agricultural services on a one-time, seasonal, peak-load or intermittent basis. The number of H-2B visas available each fiscal year is limited and in high demand.

According to court documents, between March 2007 and February 2010, Robert Brake and his company illegally sub-contracted H-2B workers to an associate on a weekly basis at a profit of more than $2 per hour per alien. To facilitate illegally employing temporary H–2B visa workers throughout the year, Brake Landscaping employees were hired by another company owned by Robert Brake, Brake Snow and Ice Removal, which artificially created a need for temporary or seasonal workers that didn't actually exist.

Assisting in this investigation were the U.S. Department of State's Diplomatic Security Service, and U.S. Citizenship and Immigration Services.

Executive of Two Sunnyvale Universities Arrested for Conspiracy to Commit Visa Fraud

The chief executive officer of two Bay Area universities was arrested Thursday, August 2, 2012, following his indictment on charges stemming from a long-term probe spearheaded by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Jerry Wang, 34, was taken into custody at his Santa Clara home the morning of Thursday, August 2, 2012. Wang is the CEO of two Sunnyvale-based institutions, Herguan University and the University of East-West Medicine. Wang is named in a 15-count indictment handed down July 24 charging him with conspiracy to commit visa fraud; use of false documents; aggravated identity theft; and unauthorized access to government computers. Wang, who made his initial appearance in federal court Thursday, August 2, 2012, is scheduled to be formally arraigned Aug. 20.

The prosecution is the result of an 18-month investigation by the Document and Benefit Fraud Task Force (DBFTF) overseen by HSI. The DBFTF is a multi-agency task force that coordinates investigations related to fraud schemes involving immigration documents and benefits.

The case indictment unsealed Thursday, August 2, 2012, alleges that, beginning in July 2007 and continuing through at least February 2011, Wang and others conspired to commit visa fraud by submitting falsified documents to the U.S. Department of Homeland Security's Student and Exchange Visitor Program (SEVP). In addition to the conspiracy charge, Wang is accused of four counts of visa fraud, seven counts involving false documents, two counts of aggravated identity theft and one count involving unauthorized access to a government computer. If convicted of all the charges, he faces a maximum penalty of up to 85 years in prison.

In light of the allegations uncovered during the ongoing investigation, the two universities face the loss of their authorization to enroll foreign students under SEVP. ICE has issued both schools a Notice of Intent to Withdraw, the first step in revoking the schools' SEVP certification. The schools have 30 days to respond to the notice and request an interview to contest the action. Meanwhile, foreign students who are currently enrolled at these universities may continue to attend classes as long as the schools remain SEVP-certified and the students are able to maintain their lawful immigration status.

The case is being prosecuted by Assistant U.S. Attorney Hartley M. K. West aided by Rania Ghawi.

Visa Fraud Scheme - Pastor Who Owns Religious School Accused In Visa Fraud Scheme

SANTA ANA, CA
December 23, 2009

U.S. Department of Homeland Security
U.S. Immigration and Customs Enforcement

Foreign Nationals Allegedly Paid Defendant Thousands For Aid In Illegally Obtaining Student Visas

A Korea-born pastor who owns and operates a religious school in Fullerton, Calif., is expected to make his initial appearance in federal court Wednesday to answer to charges that he used the school as a front for an elaborate student visa fraud scheme, going so far as to hand out phony diplomas and stage graduation ceremonies.

Samuel Chai Cho Oh, 65, owner of California Union University (CUU), surrendered to U.S. Immigration and Customs Enforcement (ICE) agents Tuesday morning. Oh, who also serves as pastor of the Union Church housed on the CUU campus, is accused in a criminal complaint of conspiracy to commit visa fraud.

According to the affidavit filed in support of the criminal complaint, a confidential source familiar with Oh’s business dealings alleged the pastor collected $40,000 to $50,000 a month in fees from foreign “students” who received Form I-20s from CUU certifying their eligibility for academic study. The Form I-20 enables prospective students to go to a U.S. Embassy or consulate abroad and apply for a student visa. Until October, when its federal certification was revoked, CUU was authorized by the Department of Homeland Security to accept foreign students pursuing an education in religious and biblical studies, English as a Second Language (ESL) and Oriental medicine.

As part of the investigation, which began 10 months ago, ICE agents arrested and questioned more than 30 foreign nationals who stated they paid Oh fees ranging from $600 to more than $10,000 for documentation enabling them to fraudulently obtain student visas and, in some cases, bogus degrees. The “students” acknowledged they never attended class, nor did they ever see any teachers or students on the CUU campus. In the case affidavit, one witness, who purportedly received his bachelor’s degree in education from CUU, recounted how Oh staged a graduation ceremony at the campus in May, where students clad in caps and gowns, laughed as they received their phony diplomas.

“Student visas are intended to give people from around the world a chance to come to this country to enrich themselves with the remarkable learning opportunities available here,” said Miguel Unzueta, special agent in charge for the ICE Office of Investigations in Los Angeles. “If the allegations uncovered in this case prove true, it appears the defendant was interested in a different kind of enrichment, his own. ICE will aggressively pursue those who seek to exploit and corrupt America’s legal immigration system for personal gain. ”

In October, ICE agents executed a search warrant at the school, seizing computers and more than 300 student files. A review of that evidence showed that while the majority of CUU’s enrollees were Korean, the school’s student body included foreign nationals from more than 20 countries.

“Our fraud detection officers work collaboratively with ICE to investigate fraudulent conduct that jeopardizes the integrity of our immigration system,” said Martha Flores, acting district director for U.S. Citizenship and Immigration Services (USCIS) in Los Angeles. “This case is a great example of the success our collaboration can achieve.”

In March, ICE agents and a compliance team from the Student and Exchange Visitor Program (SEVP) paid an unannounced visit to the CUU campus. At the time, CUU had more than 300 students on its rolls. According to the case affidavit, Oh conceded during that visit that three-quarters of the school’s students did not attend class regularly and he could only produce course schedules for computer and ESL classes, even though the school was certified to accept foreign students in several other disciplines, including religious studies and Oriental medicine.

Oh, a naturalized citizen, faces a statutory maximum sentence of five years in prison based solely on the single conspiracy charge alleged in the complaint. In addition to the criminal charge, ICE has seized more than $400,000 deposited in two separate bank accounts maintained by the defendant and an associate.

ICE officials stress the visa fraud probe is ongoing and agents are continuing to pursue numerous leads. The agency worked closely on the investigation with USCIS and the Department of State’s Diplomatic Security Service. ICE also received assistance with the case from U.S. Customs and Border Protection.

Visa Fraud Scheme in US Embassy in Kiev Ukraine

For Immediate Release
October 29, 2009 FBI Cleveland
Contact: Special Agent Scott Wilson
(216) 622-6611

Members of International Criminal Organization Arrested

C. Frank Figliuzzi, Special Agent in Charge of the Cleveland Division of the Federal Bureau of Investigation (FBI), for the Northern District of Ohio, announces the arrests of Pavlo Mostranskyy, age 45, Ukrainian National from Cleveland, Ohio; Sonya Hilaszek, age 45, of Cleveland, Ohio; and Vitaly Fedorchuk, age 40, of Cleveland, Ohio on October 29, 2009.

Mostranskyy, Hilaszek, and Fedorchuk have been charged with a Federal Conspiracy to Commit Fraud and Related Activity in Connection with Identification Documents and Information. Mostranskyy, Hilaszek, and Fodorchuk were charged and arrested after a lengthy investigation conducted by the Ohio State Highway Patrol, Ohio Department of Public Safety-BMV Investigations Section, Immigration and Customs Enforcement of the United States Department of Homeland Security, Internal Revenue Service – Criminal Investigative Division, Social Security Administration’s Office of the Inspector General, and the Cleveland Office of the FBI.

Also charged in connection with this investigation are Johongir Masudov, age 27, Uzbekistan National from Cincinnati, Ohio; Azamjon Asodov, age 43, Uzbekistan National from Cincinnati, Ohio; Valentina Denisova, age 30, Russian National from Cincinnati, Ohio; Artak Serobyan, age 25, Armenian National from Philadelphia, Pennsylvania; Petro Vytvytskyy, age 45, Russian National from Newark, New Jersey; Galina Dobrova – Volochiy, age 49, Ukrainian National from Newark, New Jersey; Dmytro Karabinovych, age 47, of Newark, New Jersey; Ivan Volochiy, age 40, Ukrainian National from Newark, New Jersey; Roman Matveev, age 32, Russian National from Newark, New Jersey; Vasyl Yatskiv, age 30, Russian or Ukrainian National from Chicago, Illinois; Michael Slepyan, age 41, Israeli National from Chicago, Illinois; Hennadiy Vaskevych, age 43, of Chicago, Illinois; Bohdan Borsuk, age 48, Polish National of Chicago, Illinois; Zdzislaw Kowalczyk, age 52, of Chicago, Illinois; and Martynas Bojarcius, age 29, of Chicago, Illinois.

This investigation started in December of 2007 when information was received that individuals in the Cleveland Ukrainian community were involved in a scheme to bring foreign nationals to Cleveland, Ohio and help them fraudulently obtain real Ohio driver’s licenses for a fee, issued by the Ohio Bureau of Motor Vehicles (BMV) by a Deputy Registrar working for this criminal organization. The investigation focused on Vitaly Fedorchuk who was identified as the leader of the criminal organization; Sonya Hilaszek, a corrupt employee at the Deputy Registrars Office in Parma, Ohio; and Pavlo Mostranskyy, who acted as a middle-man bringing the foreign nationals to Cleveland. Other members of the organization were based in several cities throughout the United States and worked with and for Fedorchuk and Mostranskyy to identify and facilitate customers through the operation.

An undercover FBI agent was able to fraudulently obtain a real Ohio Driver’s License in August of 2008 for $3000 from this criminal organization. The investigation showed that this criminal organization operated for at least four years, charging foreign nationals, most of whom are unlawfully present, between $1,500 and $3,000 for Ohio driver’s licenses, and Ohio state identification cards using either fraudulent documentation or none at all.

During the course of the US-based investigation, the investigators here in Cleveland discovered evidence that the criminal group in Ohio were working with criminal counterparts in Ukraine. Together, they fraudulently obtained United States non-immigrant visas for Ukrainian nationals who then traveled to Ohio and other points in the United States. The visas were obtained from the United States Embassy in Kyiv, Ukraine, allegedly through corrupt Ukrainian national employees of the US Embassy. The investigative team from Cleveland, the FBI’s Legal Attaché’s Office in Kyiv, and Diplomatic Security Service Special Agents assigned to the US Embassy in Ukraine investigated the Ukrainian criminal group jointly with the Ministry of Internal Affairs of Ukraine Organized Crime Department over the course of many months. The criminal group allegedly charged each visa applicant $12,000.00. As a result of the joint international investigation, seven members of the Ukraine-based criminal organization, including two Embassy employees, were officially detained today in Ukraine by investigators of the Ukrainian Ministry of Internal Affairs for violation of Ukrainian laws.

Fedorchuk, Hilaszek, and Mostranskyy will appear today in United States District Court for their initial appearance on these charges.

Alien Smuggling, Visa Fraud are the Federal Charges Against 8 Individuals, Law Firm, and Property Company in Salt Lake City, UT

Eight Individuals, Law Firm, Property Company Face Federal Charges Alleging Alien Smuggling, Visa Fraud


Salt Lake City, UT
July 28, 2009

Indictment Alleges Firm Helped Foreign Nationals, Utah Employers Obtain Visas For Workers Through Fraud

A federal indictment unsealed this morning in Salt Lake City charges a law firm, a property management company, and eight individuals with conspiracy to commit alien smuggling and visa fraud, encouraging and inducing illegal aliens to come to, enter, or remain in the United States, and visa fraud.

Included in the defendants is a Salt Lake City law firm, an individual who worked as a United States border patrol agent with the Immigration and Naturalization Service prior to joining the law firm, and an individual who worked for the United States government as a visa assistant at the U.S. Consulate in Ciudad Juarez, Mexico, before going to work for the law firm.

Charged in the indictment are the Alcala Law Firm, which practices immigration law and is located at 1380 West Indiana Avenue in Salt Lake City; Westside Property Management, a Salt Lake County company; James Hector Alcala, age 41, of Salt Lake City; Carlos Manuel Vorher, age 43, of Salt Lake City; Carlos Enrique Gomez-Alvarez, age 41, formerly of Salt Lake City now living in Houston; Daniel Trigo Villavicencio, age 30, of Orem; Gustavo Ballesteros-Munoz, age 45, of West Jordan; Andres Lorenzo Acosta Parra, age 31, of Salt Lake City; Florentino Jose Ayala Villarreal, age 39, of Mexico; and Olga Adriana Garza Muniz, age 47, of Mexico.

The investigation of the case, which started about 18 months ago, has been conducted by the U.S. Department of State’s Diplomatic Security Service; ICE, the U.S. Department of Labor; the Department of Homeland Security Citizenship and Inspection Services; and the U.S. Attorney’s Office.

“The charges in this indictment allege that attorneys and others who worked at the law firm, who have a position of trust in our community, circumvented the law to obtain visas for employers and the foreign national workers they were employing in Utah,” U.S. Attorney Brett L. Tolman said today. “The laws that govern the issuance of visas are there to make the practice fair for everyone. When fraud is used in an attempt to get a visa, other workers, including foreign nationals and U.S. workers and employers, who have played by the rules, get hurt.”

“The U.S. Department of State’s Diplomatic Security Service is resolutely committed to investigate any and all allegations of passport and visa fraud, and to bring those who commit these crimes to justice,” said Ed Moreno, Assistant Director for Domestic Operations for the Diplomatic Security Service, whose office conducted the joint investigation of the case.

“ICE’s message is simple - America's legal immigration system is not for sale and we will move aggressively against those who compromise the integrity of that system simply to enrich themselves,” said Paul Maldonado, deputy special agent in charge of the ICE Office of Investigations that oversees the agency’s investigative activities in Utah. “Not only did the defendants in this case allegedly use fraudulent information to obtain employment visas for hundreds of people who weren’t authorized to work, regrettably we believe this scheme also led to untold numbers of U.S. citizens and legal workers being refused jobs or discouraged from applying at all.”

Daniel R. Petrole, Acting Inspector General, U. S. Department of Labor, stated, “Today’s indictments serve as a stern warning to those who would fraudulently abuse the foreign labor certification program for their personal gain. Facilitating the entry of workers into this nation under false pretenses corrupts a program designed to ensure the lawful admission of foreign labor under very specific conditions. Our agency remains committed with its law enforcement partners to investigate fraud committed against these Department of Labor programs."

"It is through our due diligence and the great partnerships with law enforcement agencies that we are able to detect and curtail fraud within our immigration system," said Robert Mather, U.S. Citizenship and Immigration Services, Denver District Director.

The 17-count indictment alleges that the object of the conspiracy was to profit financially by assisting Utah employers in obtaining H-2B visas for their foreign-national workers by fraudulently representing to the DOL, USCIS, and DOS that the foreign nationals were eligible for the visas when, in fact, they were not. Investigators believe more than 5,000 visas were issued based on more than 700 petitions filed. Although some of the visas may have not have been obtained fraudulently, investigators believe the majority of them were.

The H-2B visa program allows United States companies to hire foreign nationals to fill employee vacancies that the company, for one reason or another, cannot fill with U.S. citizens. The visa program is not intended for permanent work. It is designed to help U.S. businesses that have temporary, seasonal, peak load or intermittent needs. Several federal agencies are involved in what is a fairly complicated application process. The number of H-2B visas that are issued each year is capped at 66,000, according to the indictment.

For a foreign-national worker to be eligible for the visa, employers must demonstrate that there are not enough United States citizens who are able, willing, qualified, and available to fill the employment vacancies. If the foreign-national worker is in the United States at the time the petition is filed, the employer must include the date the foreign-national worker originally arrived in the United States and must demonstrate that the worker is in the United States legally. If the employer does not document that the worker is in the United States, the worker is presumed to be outside the United States. Those who are not present in the United States at the time the petition is filed are required to have resided and been physically outside of the United States for six months immediately prior to receiving the H-2B visa.

The indictment alleges the defendants charged in this case would meet with the employers and the foreign national workers to discuss methods the law firm could utilize to help the workers obtain lawful status using the H-2B visa program. During these discussions, employers would inform the defendants that their employees were not in the country legally. Notwithstanding this fact, the defendants would instruct the employers and foreign-national workers about how to use the H-2B visa program, including encouraging the employers to petition for more H-2B visas than the employer actually needed so conspirators would be able to unlawfully “swap” foreign-national workers from one employer to the next based on who ultimately obtained visas. Although the employers often had already filled the positions, the defendants prepared and submitted newspaper advertisements making it appear like the employers were looking to hire new workers. Additionally, according to the indictment, the advertisements often would advertise the pay at a much lower rate than the foreign-national workers were actually receiving.

The indictment also alleges that as a part of the conspiracy, the defendants prepared forms and submitted them indicating that employers were looking for “new” employees who were not in the United States when, in truth, the employers were hoping to obtain visas for their current workforce. Once visas were approved, conspirators would, at times, “pool” the visas it obtained on behalf of all of its clients.

According to the indictment, defendants held meetings in the United States to provide instructions to foreign-national workers. As a part of these meetings, conspirators told the foreign national workers that they had to return to Mexico and not tell the consular officer during the interview that they had just come from the United States.

Employee clients of the Alcala Law Firm, according to the indictment included two landscaping companies and a steel company in Utah County and a construction company, landscaping company, a painting company, a roofing and general construction company, a roofing company, and a property maintenance company, all based in Salt Lake County.

The indictment alleges several overt acts were committed by defendants in furtherance of the conspiracy. For example, in October 2006, a company met with Alcala at the law firm and told the law firm his employees were illegally in the country and he wanted to make them legal. Alcala explained the H-2B visa program and said the foreign-national workers had to return to Mexico to obtain the visa but could then come back and continue to work for the company. The firm advised that if the company needed more workers than those requested in the petition they could be moved from another company. Employees were instructed to travel to Monterrey, Mexico, to meet with the “Mexican Division of the Alcala Law Firm,” prior to the interview at the consulate. One of the employees purchased a plane ticket to Mexico but was instructed not to fly to Mexico because it would create a record of his presence in the United States. The indictment also alleges Ayala used “white-out” to change a document showing one of the workers had previously been caught crossing the border and told them they had to lie and tell the interviewers that they had never been in the United States. In April 2007, three of the employees obtained H-2B visas, however, these visas were given on behalf of a different company.

Westside Property Management, also named in the indictment, was a Salt Lake County company that owned, leased, developed and managed property. Janet Alcala, James Alcala’s wife, was listed as the managing member of this business. The company is charged with visa fraud in a count alleging the company petitioned for visas and falsely indicated in its petition that the workers would be employed at Westside Property Management when they knew that the foreign-national employees were going to work for a different Utah company.

The potential penalty for conspiracy to commit alien smuggling and visa fraud is up to five years in prison. Encouraging and inducing illegal aliens to come to, enter or remain in the United States and visa fraud carry maximum potential penalties of up to 10 years in prison per count. The potential maximum fine for each count of the indictment is $250,000.

Defendants charged in indictments are presumed innocent unless or until proven guilty in court.

Contact:
Brian Leventhal
Diplomatic Security Public Affairs
202-997-5747

Diplomatic Security probe leads to conviction for ex-Foreign Service Officer

Diplomatic Security probe leads to conviction for ex-Foreign Service Officer


The Informer Former Foreign Service Officer sentenced in visa fraud conspiracy On March 1, 2007, Judge John W. Darrah, Northern District of Illinois, sentenced Matthew Christ to 24 months incarceration, three years supervised release and imposed a $5,000 fine. The court ordered Christ to surrender to the Bureau of Prisons on April 23, 2007. A federal jury in the Northern District of Illinois found Matthew Christ guilty of conspiracy (to commit visa fraud), 18 USC 371, on November 1,2006. Christ was a Foreign Service Officer, stationed at U.S. Embassy Vilnius, Lithuania, from August, 1999 to July, 2001. Christ was assigned as a political-economics officer at the U.S. Embassy in Vilnius where he conspired to fraudulently provide non-immigrant visas. The trial began on October 23, 2006. Nine others also have been convicted in the case, the U.S. Attorney's office said. The co-conspirators obtained visas from Christ without the applicants’ having to appear in person at the American Embassy in Vilnius. The recipients then used the visas they fraudulently obtained to enter the United States, with most arriving at O’Hare International Airport in Chicago. The sentencing and conviction is the result of a 22-month investigation led by the Bureau of Diplomatic Security and the U.S. Attorney’s Office in Chicago with cooperation from Lithuanian law enforcement authorities. DS has investigated other cases of passport and visa fraud that have been connected to drug trafficking, international organized crime, Money laundering, peadophilia, and murder. If you are a law enforcement agency and require assistance in the US, in particular with matters on US passport and visa fraud, we can assist. DS is a primary liaison agency with police and security services overseas in an effort to obtain support for US law enforcement initiatives and investigations. The Bureau receives more than 5,000 requests for overseas investigative assistance from US law enforcement each year, and has achieved noteworthy success in locating and apprehending wanted.

U.S. Employee Pleads Guilty in Prague Visa Fraud Case

02/07/2003
U.S. Employee Pleads Guilty in Prague Visa Fraud Case

Boucher says State Department has "zero tolerance" for such activity


The State Department has "zero tolerance" for any employee who commits visa fraud and will continue to investigate such cases vigorously, Spokesman Richard Boucher said February 6.

Boucher's statement was made on the day that career foreign service officer Alexander Meerovich pleaded guilty to charges that he issued visas illegally while serving at the U.S. Embassy in Prague from August 1999 to July 2002.

Following is the statement:

(begin text)

U.S. Department of State
Office of the Spokesman
February 6, 2003

Statement by Richard Boucher, Spokesman

FOREIGN SERVICE OFFICER PLEADS GUILTY TO VISA FRAUD

Alexander Meerovich, a career foreign service officer, pled guilty to one count of visa fraud in U.S. Federal District Court in the District of Columbia today. His plea is the result of an investigation conducted by the Diplomatic Security Service, which received valuable assistance and support from the Bureau of Consular Affairs, the U.S. Embassy in Prague, the Department of Justice, and the Czech police.

Mr. Meerovich was charged and pled guilty to issuing visas illegally while serving as a Consular Officer at the U.S. Embassy in Prague from August 1999 to July 2002. The investigation into the full extent of his criminal activity is still ongoing.

We deeply regret the criminal actions of Mr. Meerovich. We entrusted him with maintaining the integrity of the visa process, a critical component in the protection of U.S. borders, during his assignment to Prague. We will continue to work closely with the Department of Justice to ensure that Mr. Meerovich is appropriately punished for his crimes.

Mr. Meerovich faces a maximum sentence of 10 years in prison and a fine of $250,000.

The State Department has zero tolerance for employees who commit visa fraud. We will continue to investigate all allegations of visa fraud vigorously and seek to prosecute and punish those people engaged in visa fraud to the fullest extent of the law.

Seventeen San Francisco Bay Area Residents Charged With False Passport Or Entry Visa Offenses

Seventeen San Francisco Bay Area Residents Charged With False Passport Or Entry Visa Offenses


San Francisco, CA
October 29, 2009

U.S. Department of Justice,
Joseph P. Russoniello, United States Attorney
Northern District of California

Seventeen San Francisco Bay Area residents were charged with federal passport or entry visa offenses between April and September, United States Attorney Joseph P. Russoniello and Diplomatic Security Service Special Agent in Charge Patrick Durkin announced.

According to court records and proceedings, the following defendants made misrepresentations of their identity on applications for United States passports, altered their own authentic passports, or submitted counterfeit documents when they applied for an entry visa:

* Jose Aguilar, Jr. of San Jose, Calif., is alleged to have applied for a passport belonging to another person. Aguilar was arrested by DSS Special Agents on April 10. His case is in progress.
* Wandell Santana of San Bruno, Calif., is alleged to have applied for a passport using another person’s birth certificate. Santana was arrested by DSS Special Agents on April 23. He has since been placed in fugitive status.
* Randall Fletcher formerly of Castro Valley, Calif., is alleged to have applied for a passport using another person’s birth certificate. Fletcher was arrested by DSS Special Agents on April 23. His case is in progress.
* Antonio Ferreira formerly of Albany, Calif., was convicted of possessing another person’s birth certificate when he applied for a passport. Ferreira was arrested by DSS Special Agents in Miami. He was sentenced to two years probation on May 1.
* Christina Chavez of Walnut Creek, Calif., is alleged to have applied for a passport using another person’s birth certificate. Chavez self-surrendered to DSS Special Agents and entered a pre-trial diversion program with the federal courts on Aug. 20.
* James Allen Jordan of Santa Clara County, Calif., is alleged to have applied for a passport using another person’s birth certificate. Jordan was charged on May 28, and is in the process of being transferred from the Santa Clara County Sheriff to federal court, where his case is in progress.
* Amir Rashidifar of San Jose, Calif., is alleged to have applied for a passport using a counterfeit birth certificate. Rashidifar was arrested by the Royal Canadian Mounted Police in Toronto on July 10, and was returned to San Jose federal court. The defendant entered a guilty plea on Oct. 27 to one count of false statement under 18 USC § 1001. He is currently detained awaiting sentencing, which is scheduled for Nov. 23.
* Luis Angon of Eureka, Calif., is alleged to have applied for a passport using another person’s birth certificate. Angon eluded arrest on June 14 and remains a DSS fugitive.
* Bruce Lee Marshall, formerly of the Bay Area, was convicted of altering his authentic United States passport to reflect a different name. Marshall was arrested by DSS Special Agents on March 13. He was sentenced to nine months imprisonment and a $5,000 fine on August 27.
* Sudheer Kassireddy of Fremont, Calif., was convicted of possessing a high technology worker visa he obtained through fraud. Kassireddy was arrested by DSS Special Agents on June 29 and was sentenced to two years probation on May 1.
* Jason William Dickerson, last known address of Iowa, is alleged to have applied for a passport using another person’s birth certificate. Dickerson eluded arrest and remains a DSS fugitive.
* Luis Montero of Hollister, Calif., was convicted of possessing a false birth certificate when he applied for a passport. Montero self-surrendered to DSS Special Agents on July 16. He was sentenced to one year of probation on July 28.
* Yolanda Nieto Magana of Gilroy, Calif., was convicted of possessing another person’s birth certificate when she applied for a passport. Magana self-surrendered to DSS Special Agents on July 16. She was sentenced to one year of probation on July 30.
* Claudia Baron-Lopez of Watsonville, Calif., was convicted of possessing another person’s birth certificate when she applied for a passport. Baron-Lopez self-surrendered to DSS Special Agents on July 30 and was sentenced to one year of probation on Aug. 10.
* Javier Miron Marquez of San Jose, Calif., was convicted of possessing another person’s birth certificate when he applied for a passport. Marquez self-surrendered to DSS Special Agents on July 16 and was sentenced to one year of probation on Sept. 2.
* Maria Trujillo-Guillen of Salinas, Calif., was convicted of possessing another person’s birth certificate when she applied for a passport. Trujillo-Guillen self-surrendered to DSS Special Agents on July 16 and was sentenced to one year of probation on Sept. 3.
* Francisco Ruiz of Milpitas, Calif., was convicted of possessing another person’s birth certificate when he applied for a passport. Ruiz self-surrendered to DSS Special Agents on July 30 and was sentenced to one year of probation on Sept. 24.

Each of the individuals was charged with violating 18 U.S.C. § 1542, False Statement in Application for a Passport or 18 U.S.C. § 1028, Fraud in Connection with Identification Documents. The maximum statutory penalties for these offenses ranges from one to 10 years of imprisonment, although any sentence following conviction was or would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The charges are part of the zero-tolerance policy towards imposters who try to obtain or use authentic American passports and entry visas. More than 175 Bay Area residents have been similarly prosecuted since 2007.

Wendy Thomas, Eumi Choi, Wade Rhyne, Grant Fondo, Kevin Barry, Jeffrey Schenk, and Acadia Senese are the Assistant U.S. Attorneys who are prosecuting the cases; with the assistance of Legal Assistants Jeanne Carstensen, Rawaty Yim, Marina Ponomarchuk and Alfonso Martinez. The prosecutions are the result of ongoing investigations by the United States State Department’s Diplomatic Security Service.

TWO ATTORNEYS AT IMMIGRATION LAW FIRM SENTENCED FOR ROLES IN VISA FRAUD SCHEME

United States Attorney's Office
Central District of California

Thom Mrozek
Public Affairs Officer

(213) 894-6947
thom.mrozek@usdoj.gov

Return to the 2008 Press Release Index
Release No. 08-024

March 10 , 2008

TWO ATTORNEYS AT IMMIGRATION LAW FIRM
SENTENCED FOR ROLES IN VISA FRAUD SCHEME

A name partner and an attorney at one of the West Coast’s largest immigration law firms were sentenced today for filing fraudulent employment visa applications on behalf of foreign nationals, including more than a dozen of the law firm’s own workers.
Daniel E. Korenberg, 58, of Encino, a name partner and founder of the law firm formerly known as Korenberg, Abramowitz & Feldun (KAF), was sentenced to 24 months in federal prison to be followed by three years of supervised release with a condition that Korenberg serve an additional six months on home detention with electronic monitoring. Korenberg was also ordered to pay a fine of $750,000. Korenberg pleaded guilty last fall to two counts of visa fraud and one count of conspiracy to commit visa fraud.
A second attorney, Steven James Rodriguez, 41, of Thousand Oaks, a senior associate at KAF, was sentenced to three years probation with the condition that he serve six months of home detention with electronic monitoring and perform 200 hours of community service. Rodriguez pleaded guilty last fall to one count of making false statements to the United States, namely, the Immigration and Naturalization Service.
Both men were sentenced by United States District Judge Percy Anderson.
Korenberg and Rodriguez were charged in a 33-count indictment handed down in February 2007 following an investigation by U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of Labor - Office of Inspector General, and the California Employment Development Department. According to the indictment, beginning in 2000 and continuing through at least February 2003, the defendants filed fraudulent employment-based visa petitions on behalf of foreign nationals seeking temporary work authorization or permanent residency in the United States. At least 19 of the aliens who benefitted from the visa fraud scheme were KAF employees.
“These sentences are stern reminders about the consequences awaiting those who conspire to compromise the integrity of our nation’s legal immigration system,” said Jennifer Silliman, Deputy Special Agent in Charge for the ICE Office of Investigations in Los Angeles. “Disturbingly, the defendants in this case used their expertise in immigration law not for the greater good, but to undermine the system and enrich themselves.
KAF, which is now known as ASK Law Group, is based in the San Fernando Valley community of Sherman Oaks, and the firm maintains offices in Los Angeles, San Francisco, San Diego and Las Vegas.
“These sentences successfully conclude the investigation and prosecution of two attorneys who filed false documentation for personal gain, facilitating the illegal entry of foreign nationals into the United States,” said Gordon Heddell, Inspector General, U.S. Department of Labor (DOL). “We will continue to work with U.S. Immigration and Customs Enforcement and the U.S. Attorney’s Office to protect the integrity of the DOL’s foreign labor certification program.”
Another name partner at KAF, Phillip Abramowitz, 54, of Agoura Hills, pleaded guilty to two counts of visa fraud and one count of conspiracy to commit visa fraud. He is scheduled to be sentenced on March 24.
Court papers filed in the case detail how KAF hired foreign nationals without work authorization for a variety of support positions, including paralegal jobs. The defendants then allegedly applied for fraudulent work visas for those employees and paid them “off the books” in cash until the visas were approved. To support the visa petitions, Korenberg and others created documents making false claims about the aliens’ work experience and offers of employment. Korenberg and others made false statements to the U.S. government in connection with immigration and labor petitions filed on behalf of KAF employees. Rodriguez and others made false statements to the U.S. government in connection with immigration petitions filed on behalf of KAF clients.
In addition to the law firm, the probe targeted two Los Angeles-area employment agencies, Job Seekers International and Employmasters International. The investigation revealed that the employment agencies identified employers, both real and fictitious, to attest that the aliens seeking the work visas were being recruited for highly skilled jobs that, in most instances, did not exist. In 2005, the three owners of those employment agencies and one of their employees pleaded guilty to visa fraud and conspiracy charges. Those four defendants are awaiting sentencing.
The other defendants charged in the case are:
● Heidi Poepping, 45, of Moorpark, a paralegal at KAF, pleaded guilty last year to conspiracy to commit visa fraud and is scheduled to be sentenced on April 21;
● Arturo Valencia, 56, of Walnut, the owner of Job Seekers International, pleaded guilty two years ago to one count of visa fraud and one count of conspiracy and is scheduled to be sentenced on May 12;
● Maria Theresa Resurreccion, 40, of Anaheim, an employee of Job Seekers International, pleaded guilty to one count of visa fraud and one count of conspiracy and is scheduled to be sentenced on May 5;
● Arnel Dizon, 36, of Corona, a co-owner of Employmasters International, pleaded guilty to one count of visa fraud and one count of conspiracy and is scheduled to be sentenced on April 28; and
● Marlyn Rodriguez Dizon (Arnel’s wife), 44, of Los Angeles, a co-owner of Employmasters International, pleaded guilty in May 2005 to one count of visa fraud and one count of conspiracy and is scheduled to be sentenced on April 14.

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.

SIXTEEN CHARGED IN VISA FRAUD SCHEME

FOR IMMEDIATE RELEASE
MEDIA INQUIRIES: KATHY COLVIN

TUESDAY, MAY 13, 2008
WWW.USDOJ.GOV/USAO/TXN

PHONE: (214)659-8600
FAX: (214) 767-2898



SIXTEEN CHARGED IN VISA FRAUD SCHEME

DALLAS — Twelve of 16 defendants charged in a federal indictment, returned by a grand jury in Dallas last week, with conspiracy to commit fraud in connection with immigration documents, were arrested this morning without incident in the Dallas - Fort Worth, Texas, area and in Corpus Christi, Texas, announced U.S. Attorney Richard B. Roper of the Northern District of Texas. The indictment stems from an extensive investigation by the U.S. Citizenship and Immigration Services (CIS), U.S. Immigration and Customs Enforcement (ICE), Social Security Administration’ Office of Inspector General, Health and Human Services Commission’s Office of Inspector General and the Department of Homeland Security’s Office of Inspector General.

U.S. Attorney Roper said, “I compliment the agencies who worked together to unravel this alleged conspiracy. My office will continue to work to prosecute those who use fraud to undermine our nation’s immigration system.”

Charged in the indictment are:

• Maria Refugia Camarillo, a/k/a “Cuca," 70
• Diana De Leon, a/k/a “Yvette Barrera,” 34
• Laura De Leon, 33
• Olga Hernandez, a/k/a “Anita Marie Borja,” 52
• Mary Lou Hernandez, a/k/a “Rachel Lucio Trejo,” 51
• Oscar Hernandez, 44 (arrested in Corpus Christi, Texas)
• Carmela Valdez, 48
• Andres Valdez, 49
• Delia Valdez, 47
• San Juanita Valdez, 51
• Maria Rosario Nunez, 33
• Antonio Anchondo, 28
• Arnoldo Anchondo, 25
• Alfredo De Leon, Jr., 29
• Josephine Hinojosa, 28
• Diana Hernandez, a/k/a “Olga Jean Flores,” 48

Defendants Carmela, Andres and Delia Valdez, and Maria Rosario Nunez remain at large.

The arrested defendants made their initial appearance today before a U.S. Magistrate Judge who released them on bond. All are set for arraignment on May 19, 2008.

According to the 29-count indictment, since 2003, all of the defendants were allegedly involved in a large-scale conspiracy in which foreign nationals paid as much as $12,000 each to marry U.S. citizens so that once married, they could apply for U.S. permanent residence, and later U.S. citizenship. All of the defendants are also charged with at least one substantive count including fraud and misuse of visas, permits, and other documents; Social Security number fraud, or aggravated identity theft. The indictment also includes a forfeiture allegation which will require the defendants to forfeit to the U.S., upon conviction, a home located in Fort Worth, Texas.

The indictment involved an organized deception by the defendants to make the fraudulent marriages appear legitimate. Couples filed their applications for permanent residence with CIS using fraudulently obtained legitimate documents which showed their marriages were valid. To further evade detection, some defendants also used fraudulent identities, including false names, dates of birth and Social Security numbers.

An indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the conspiracy count, as well as the fraud and Social Security number counts, carry a maximum statutory sentence each of five years in prison and a $250,000 fine. The fraud and misuse of visas, permits, and other documents carry a maximum statutory sentence of 10 years in prison and a $250,000 fine and the aggravated identity theft count carries a statutory sentence of two years in prison which must run consecutively with any other term of imprisonment for the underlying felony.

The case is being prosecuted by Assistant U.S. Attorney Charles Brown and Special Assistant U.S. Attorney Amy Mitchell.