Making Immigration Happen
Chicago Woman Arrested for Selling Fraudulent Identity Documents to Illegal Aliens
A woman was arrested Wednesday, February 13, 2013, on charges she allegedly sold fraudulent identity documents to illegal aliens. These charges resulted from an investigation conducted by U.S. Immigra

Tag Archives: guilty plea

Mexican Drug Smugglers Sentenced for Cocaine Conspiracy

Two Mexican drug traffickers were sentenced Friday, February 8, 2013, for their roles in a cocaine conspiracy. The sentence is the result of an extensive investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Drug Enforcement Administration (DEA).

Genaro Torres, 58, formerly of Laredo,Texas, and Maria E. Garcia, 64, formerly of Houston,Texas, were both sentenced by U.S. District Judge David G. Larimer in Rochester.

Torres, who was convicted of conspiracy to distribute, and possess with intent to distribute, five kilograms or more of cocaine, was sentenced to 10 years in prison. In addition, Torres forfeited $750,000 in U.S. currency, which he admitted constituted or derived from proceeds he obtained as a result of his illegal drug activity.

Garcia, who was convicted of conspiracy to distribute, and possess with intent to distribute cocaine, was sentenced to four years in prison by Judge Larimer.

According to court documents, the defendants were involved with a group of individuals that distributed over 150 kilograms of cocaine from Mexico in the United States between 1991 and 2008. During the course of the conspiracy, cocaine was transported to, and distributed in, Rochester by members of the conspiracy. Cocaine was also provided to Houston,Chicago,New York, Atlanta, and the New England region of the country.

Since the early 1990s, Torres was involved in transporting quantities of cocaine across the Mexican-Texas border in the area of Laredo and thereafter distributing the cocaine. Torres was found by the court to have acted as a manager or supervisor in this extensive drug distribution activity. Between 2000 and 2008, Torres arranged at times for the distribution of multi-kilogram quantities of cocaine to individuals in Houston.

As for Maria Garcia, by early 2000, this defendant was selling cocaine in Houston after being supplied by Torres. Between February and April 2000, Torres arranged the delivery of over 50 kilograms of cocaine in Houston to Garcia or her customers. Torres and Garcia are Mexican citizens and lawful permanent residents of the United States. It is anticipated that both Torres and Garcia will be deported by ICE’s Enforcement and Removal Operations upon the completion of their sentences.

“It’s often said that crime doesn’t pay and in this case that is especially true,” said U.S. Attorney William J. Hochul Jr., Western District of New York. “The hard work of our law enforcement partners and prosecutors has led to the take down of a major drug conspiracy. But in addition, we have literally taken the profit out of this particular crime syndicate. The money being forfeited will now be put to a much more positive use including continued crime fighting efforts.”

HSI and the DEA were assisted in the investigation by the Rochester Police Department and Internal Revenue Service, Criminal Investigation.

Assistant U.S. Attorney Frank H. Sherman, Western District of New York, prosecuted this case on behalf of the U.S. government.

Nigerian National Guilty of Wire Fraud

A Nigerian man pleaded guilty in federal court Tuesday, January 15, 2013, to wire fraud. The guilty plea is the result of an investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Adebowale Ayodeji Owoaje, 31, pleaded guilty to a scheme to defraud individuals who were selling items and applying for jobs on Internet website craigslist. Using various aliases when he was located overseas, Owoaje used email to reach an agreement with the individuals on the sale price of items or terms of employment, including funds for a purported bonus or training materials.

From overseas, Owoaje sent counterfeit cashier’s checks to his co-conspirators in the United States. Based on instructions from Owoaje, a co-conspirator typed amounts on counterfeit cashier’s checks that exceeded the sales price or bonus agreed to by Owaoje and the individuals. The co-conspirator then mailed the counterfeit cashier’s checks to the individuals.

Owoaje informed individuals that a check in the wrong amount was sent to them by “mistake.” He then asked individuals to deposit that check in their bank account and to keep the amount Owoaje owed the individual, plus an additional sum for their trouble. Owoaje instructed individuals to wire the balance of the money via Western Union to a co-conspirator, whom Owoaje falsely represented to individuals as his secretary or shipping agent. Only after wiring this money did individuals learn that the cashier’s checks they received were counterfeit.

“HSI aggressively pursues these scam artists, even when they concoct and perpetrate their schemes from a foreign country with a perceived sense of anonymity and security,” said John P. Kelleghan, special agent in charge of HSI Philadelphia. “This case also serves as a reminder to U.S. citizens that if a business proposition sounds too good to be true, it probably is a scheme. HSI special agents were successful in identifying a manipulative criminal, who is now being held accountable for his crimes.”

Owoaje is scheduled to be sentenced April 15, 2013 and faces up to 80 years in federal prison, a three-year period of supervised release and a fine of up to $1 million.

Pennsylvania Man Pleads Guilty to International Child Predation

A western Pennsylvania man pleaded guilty Tuesday, January 15, 2013, for coercing and enticing a minor and possessing child pornography. The guilty plea is the result of an extensive investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Jeffrey W. Herschell, 54, of Washington, Pa., pleaded guilty before U.S. District Judge David Stewart Cercone in the Western District of Pennsylvania. According to the statement of facts entered into the record by the government, and agreed to by the defendant, Herschell sent money to the Philippines in February 2010 for a live, online sex show that included a 12-year-old minor female engaging in sexual activity. Herschell also admitted to possessing child pornography videos at his Pennsylvania residence. Herschell was previously indicted Sept. 12, 2011.

At sentencing, Herschell faces a minimum sentence of 10 years in prison and a maximum sentence of life in prison on the coercion and enticement charge, and a maximum of 10 years in prison on the child pornography possession charge. Herschell also faces a term of supervised release of five years to life following his prison sentence. He will also be required to register as a sex offender.

Sentencing has been scheduled for May 28, 2013. Judge Cercone deferred acceptance of the plea agreement until Herschell’s sentencing hearing.

This case was investigated by HSI Philadelphia and HSI Manila, Philippines. HSI received significant assistance from the National Bureau of Investigation (Philippines) and the Philippine National Police.

This investigation is part of Operation Predator, a nationwide HSI initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders and child sex traffickers. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-347-2423 or by completing its online tip form. Both are staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-843-5678.

HSI is a founding member and current chair of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse.

New York Native Sentenced for Drug Trafficking Ring, Surrenders Private Jet

A New York man was sentenced Tuesday, January 8, 2013, to 31 months in federal prison on conspiracy charges related to the distribution and possession of marijuana. The sentence is the result of an investigation conducted by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI).

The court also required John Bokun, who was sentenced Tuesday, January 8, 2013, to surrender his Dassault-Breguet Falcon 10 jet aircraft and $7,101. Bokun pleaded guilty May 11, 2012, to the charges.

According to court documents, HSI special agents tracked Bokun traveling on his private jet from California to Republic Airport in East Farmingdale, N.Y. HSI special agents observed the aircraft Dec. 15, 2011, landing on Long Island and taxing towards an area dedicated to servicing private planes.

Once the aircraft arrived, HSI special agents observed Bokun, the plane’s pilot, and another man exit the jet to an awaiting U-Haul truck. HSI special agents, with assistance from the New York State Police, stopped the truck.

After obtaining a search warrant, HSI special agents discovered ten black containers carrying 112.4 kilograms of marijuana. HSI special agents then arrested Bokun and a co-conspirator.

The prosecution of this case was handled by the U.S. Attorney’s Office for the Eastern District of New York.

MS-13 Gang Member Pleads Guilty to Racketeering Scheme that Resulted in Two Murders

Dennis L. Gil-Bernardez, an MS-13 member who also is known as Pando, pled guilty Friday, December 7, 2012, to taking part in a federal racketeering conspiracy that was responsible for numerous crimes, including two murders, in the Washington, D.C., region. The guilty plea was announced by U.S. Immigration and Customs Enforcement (ICE) Director John Morton, U.S. Attorney Ronald C. Machen Jr. of the District of Columbia, Assistant Attorney General Lanny A. Breuer of the Criminal Division, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

Gil-Bernardez, 36, pled guilty in the U.S. District Court for the District of Columbia. Judge Rosemary M. Collyer sentenced him to 76 years in prison. The sentence will run concurrently with an 80-year prison term that Gil-Bernardez already is serving in another gang-related case in Virginia.

The defendant was among a group of MS-13 members indicted in November 2011. As part of his plea, he admitted that he was in MS-13’s Normandie clique, and that, after consulting with an incarcerated member of MS-13 in El Salvador, he ordered the murder of Louis Membreno-Zelaya, which was committed by other MS-13 members. Membreno-Zelaya, 27, was found, stabbed to death, on Nov. 6, 2008, in Northwest Washington.

In his plea, Gil-Bernardez admitted that MS-13 is a transnational criminal street gang with a presence in at least 20 states and the District of Columbia, as well as many Central American countries, including El Salvador and Honduras, which is Gil-Bernardez’s country of origin. According to court documents, members of MS-13 use violence and intimidation to protect the gang and enhance its reputation. The gang is involved in murder, attempted murder, robbery, extortion and obstructing justice through the intimidation and threatening of witnesses.

In addition to ordering the murder of Membreno-Zelaya, Gil-Bernardez also admitted today to shooting a person whom he believed to be a rival gang member in April 2008. The victim was shot five times and hospitalized for a week after undergoing life-saving surgery.

Finally, Gil-Bernardez admitted to murdering Luis Chavez-Ponce, 22, July 29, 2008, in Riverdale Park, Md., believing Chavez-Ponce to be a rival gang member. Gil-Bernardez stopped one of the other MS-13 members from chasing after the victim, who was on a bicycle. Gil-Bernardez chased Chavez-Ponce around the corner of a building and fired several shots, killing him.

The gun which Gil-Bernardez used in the murder of Chavez-Ponce was determined to be the same weapon used in the shooting of three people in Reston, Va., in October 2008, to which Gil-Bernardez also admitted. His 80-year sentence in Virginia is a result of those crimes, which were prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia. This latest plea is one of several by MS-13 members in recent months in U.S. District Court for the District of Columbia.

The prosecution grew out of the efforts of the federal Organized Crime Drug Enforcement Task Force, a multi-agency team that conducts comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the nationwide program is to identify, disrupt and dismantle the most serious drug trafficking and money laundering organizations, and those primarily responsible for the nation’s drug supply.

This case was investigated by ICE, MPD, Prince George’s County Police Department, Montgomery County Police Department and Fairfax County Police Department. It is being prosecuted by Trial Attorney Laura Gwinn, of the Department of Justice’s Organized Crime and Gang Section, Assistant U.S. Attorney Nihar R. Mohanty and Special Assistant U.S. Attorney Bill O’Malley.

Mexican Nationals Plead Guilty to Human Trafficking, Hostage Taking, and Alien Harboring

Two Mexican nationals pleaded guilty Thursday, November 29, 2012, to their roles in an ongoing conspiracy to hold hostage and harbor smuggled aliens for ransom payments, announced U.S. Attorney Kenneth Magidson, Southern District of Texas.

The investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) offices in Houston, Washington, D.C., and Virginia; and Prince William County, Va., and Houston Police Departments.

Virgilio De la Torre-Santana, 27, and Aduato Aguilar-Lara, 34, pleaded guilty Nov. 29 before U.S. District Judge Gray H. Miller. De La Torre-Santana pleaded guilty to conspiracy to commit hostage taking; Aguilar-Lara pleaded guilty to conspiracy to harbor illegal aliens.

On or about Aug. 17, family members and friends of two aliens who had been smuggled into the United States contacted local law enforcement in Prince William County, Va., to report receiving extortion calls demanding money for the aliens’ release. Family members wired money, which was received and picked up at various locations in Harris County, Texas. The two aliens were subsequently released and transported to Virginia.

After arriving in Virginia, the aliens contacted law enforcement to report being held hostage against their will at a location that was later identified as a residence located on Amblewood Drive in Houston. A few weeks later, special agents executed a search warrant at that location and encountered 26 illegal aliens, at least two of whom were juveniles held hostage inside the residence. Special agents also encountered and arrested De La Torre-Santana, Aguilar-Lara and a third defendant, Job Solis-Benito, 23, also a Mexican national.

According to the aliens, upon arrival in Houston, they were forced to undress and were informed they had been “sold” and would not be released until family members made payments to the men holding them hostage. While held hostage at the residence, victims reported they were held in their underwear, in locked rooms with boarded up windows and in deplorable conditions. The victims also indicated they were guarded by men constantly armed with a handgun. Victims reported they were not allowed to leave the residence until payment was sent for their release. Some victims said they were threatened with harm or death if payment was not received.

At the hearing on Thursday, November 29, 2012, De La Torre-Santana admitted he participated in the conspiracy to hold smuggled aliens hostage by making phone calls to relatives and friends of smuggled aliens, instructing them to send money via Western Union and/or Money Gram in exchange for the safe release of the aliens. He further admitted he recruited and paid other unindicted conspirators to pick up the money transfers at various locations within Harris County on his behalf.

Aguilar-Lara admitted to conspiring to harbor and conceal smuggled aliens inside the residence by providing the aliens with food, and by acting as a guard to ensure the aliens did not leave the residence until full payment for their release was received.

Sentencing for both De La Torre-Santana and Aguilar-Lara is scheduled for May 10. De La Torre-Santana faces up to life in prison; Aguilar-Lara faces up to 10 years imprisonment. Both also face a possible $250,000 fine.

The case against Solis-Benito is pending. He is charged with conspiring to commit hostage taking, hostage taking, conspiring to harbor illegal aliens, and harboring illegal aliens.

Assistant U.S. Attorney Casey N. MacDonald, Southern District of Texas, is prosecuting the case.

Former Lawyer Sentenced for Visa Fraud, Money Laundering, and Obstruction of Justice

The onetime head of a now defunct Los Angeles law firm was sentenced Thursday, November 15, 2012, to 10 months in prison for his role in orchestrating a lengthy employment visa fraud scheme where the illicit profits were used to purchase several hundred thousand dollars’ worth of vacant cemetery plots and grave monuments.

Joseph Wai-Man Wu, 53, former president of the East West Law Group, pleaded guilty in August 2011 to one count of conspiracy to commit visa fraud, one count of money laundering and one count of obstruction of justice. As part of a plea agreement reached in February, Wu surrendered a portion of his profits derived from the visa fraud scheme, forfeiting to the government 30 vacant cemetery plots and 20 grave monuments, all of which were purchased with proceeds from the scam. Wu used the cemetery plot purchasing scheme to launder some of the money he unlawfully obtained through the visa fraud scheme. The grave plots will now be sold at public auction and the proceeds given to the U.S. Treasury.

Wu’s sentencing is the latest development in a 2 ½-year investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) that also involved the U.S. Department of Labor’s Office of the Inspector General, and U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security Unit.

In pleading guilty, Wu admitted that, from approximately 1996 to 2009, he and other members of the law practice set up nearly a dozen shell companies in order to file at least 137 fraudulent employment-based visa petitions for nearly 100 alien clients. In return for filing those fraudulent petitions, the clients paid Wu and his co-conspirators anywhere from $6,000 to $50,000. Many of the petitions were for H-1B visas, which the government reserves for foreign workers with specialized skills, such as accountants and information technology professionals. Authorities say the aliens named in those visa applications never worked for the defendants or the fictitious companies.

“Our agents encounter a lot of unusual money laundering schemes, but this is the first time we’ve come across a case where the suspects sought to bury their profits by buying cemetery plots,” said Claude Arnold, special agent in charge for HSI Los Angeles. “As this case makes clear, HSI will go where ever the evidence takes us to ensure that those who compromise the integrity of the visa process are held accountable for their crimes.”

The other two defendants charged in the case were Kelly Einstein Darwin Giles, 49, the only attorney at the former East West Law Group, and Wu’s wife, May Yim-man Wu, 46. Giles, who pleaded guilty Sept. 19 to conspiracy to commit visa fraud and obstruction of justice, is scheduled to be sentenced Jan. 17, 2013. May Wu, who played a minor role in the conspiracy, is participating in a pretrial diversion program.

Prosecutors say the case represents the first time in the Central District of California where federal investigators uncovered a scheme involving the purchase and sale of cemetery plots as a means to launder criminal proceeds. While the situation is highly unusual, funeral professionals claim grave sites appreciate at a rate of up to 10 percent a year and are less susceptible to economic downturns than other types of real estate.

Construction Business, Owner Plead Guilty to Harboring and Employing Illegal Aliens, Money Laundering

A Louisiana construction business and its owner pleaded guilty in federal court Thursday, November 8, 2012, to charges of conspiring to hide more than $280,000 gained by harboring and employing illegal aliens at multiple company work sites. The guilty plea follows an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Ramon Santos, 43, of Kenner, La., owner of Rendon Construction LLC, and the company itself each pleaded guilty to one count of conspiracy to commit money laundering. Santos faces up to 20 years in federal prison and a $250,000 fine. Rendon Construction LLC faces five years probation and a $500,000 fine.

According to court documents, Rendon Construction and Santos knowingly employed illegal alien workers and encouraged existing workers to recruit other illegal aliens by word of mouth. The company then paid workers in cash by funneling money through a shell company to conceal the nature of these cash payments between April and July 2011.

“Companies that violate federal law by paying workers illegally ‘under the table’ seek to gain an unfair advantage over legitimate businesses that play by the rules,” said Raymond R. Parmer, special agent in charge of HSI New Orleans. “This practice denies job opportunities to law-abiding citizens and deprives federal, state and local governments the tax revenue needed to provide the essential services we all rely upon.”

Financial records show Santos authorized twelve checks from a Rendon Construction account made payable to Diablo Construction, which was a shell corporation without any assets or employees. Santos then cashed the checks through a check-cashing service and used the proceeds to pay his illegal alien workers at company job sites.

Sentencing is scheduled for February 15 in U.S. District Court. The Internal Revenue Service (IRS), Louisiana State Police and the Jefferson Parish Sheriff’s Office assisted with the investigation.

Man Pleads Guilty to Transporting Prostitutes to Massage Parlor

An Annandale, Va., man pleaded guilty Wednesday, October 31, 2012, to operating an unlicensed taxi business that brought women from other states to perform sexual services for patrons at an Annandale-based massage parlor.

The case was investigated by the Washington, D.C. offices of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service’s Criminal Investigation, and the Naval Criminal Investigative Service, with assistance by the Fairfax County Police Department.

Jin Seob Oh, 41, originally from South Korea, pleaded guilty to conspiracy to transport women to engage in prostitution, which carries a penalty of up to five years in prison, and conspiracy to commit money laundering, which carries a penalty of up to 20 years. His sentencing is scheduled for Feb. 15, 2013.

In a statement of facts filed with his plea agreement, Oh admitted that from 2010 to June 2012, he owned and operated an unlicensed taxi business known as “Royal Taxi.” From February 2011 to April 2012, Oh served as the primary taxi driver for women who worked at “Peach Therapy,” a massage parlor located in Annandale that provided sexual services to customers.

The former owner of Peach Therapy, Susan Lee Gross, also known as “Ju Mee Lee Gross,” 46, originally from South Korea but now of Trinidad, Colo., encouraged or instructed the women to only obtain transportation from Oh to minimize the number of people who knew the details about the women working at Peach Therapy, the sexual nature of the business, and how they were transported to the massage parlor. The women paid him $40 per trip.

At the direction of Lee Gross, Oh also deposited thousands of dollars of proceeds from commercial sexual activity into Bank of America accounts that belonged to Lee Gross and those opened in the name of a family member. He admitted that he understood that these bank accounts were used to conceal the unlawful source of the money and to ensure that activity could continue.

This case was investigated by HSI, which participates in the Northern Virginia Human Trafficking Task Force, as does IRS-CI and NCIS.

The Northern Virginia Human Trafficking Task Force is a collaboration of federal, state and local law enforcement agencies – along with nongovernmental organizations – dedicated to combating human trafficking and related crimes. From 2011 to the present, 44 defendants have been prosecuted in 25 cases in the Eastern District of Virginia for human trafficking and trafficking-related conduct involving at least 32 victims.

Assistant U.S. Attorney Michael J. Frank is prosecuting the case on behalf of the United States.

Montana Woman Sentenced for Methamphetamine Distribution

A Billings, Mont., woman was sentenced to 70 months in federal prison August 30, 2012, following her guilty plea on methamphetamine distribution charges, announced U.S. Attorney Michael W. Cotter, District of Montana.

This case was jointly investigated by the following agencies: U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the U.S. Secret Service, the FBI, Billings High Intensity Drug Trafficking Area (HIDTA) Task Force, and Billings Big Sky Safe Streets Task Force.

Chief U.S. District Judge Richard F. Cebull also sentenced Jeri Lynn Milheim, 32, to four years of supervised release, $1,934 in restitution, and a $200 special assessment fee. Milheim was sentenced in connection with her guilty plea to conspiracy to possess methamphetamine with intent to distribute, and uttering counterfeit obligations.

In an Offer of Proof filed by Assistant U.S. Attorney Jessica T. Fehr, the government stated it would have proved at trial the following:

  • Between February 12 and May 16, 2011, a total of $2,637 in counterfeit Federal Reserve Notes were passed and/or seized ($1,590 passed, $1,047 seized) in and around Billings, Mont., involving 18 different serial numbers in denominations of $1, $5, $20 and $100 bills.
  •  During its investigation, law enforcement learned that two individuals linked to Milheim were responsible for manufacturing the counterfeit money that was passed inBillings. Additionally, law enforcement learned that Milheim was present when counterfeit Federal Reserve Notes were manufactured by others during a stay at a Billings motel in mid-February 2011. The cleaning staff at the motel confirmed for law enforcement that a printer/scanner was found in a room in February, along with a page of uncut counterfeit Federal Reserve Notes.
  •  On Feb. 22, 2011, Milheim wired money from Billings, Mont., to Las Vegas, Nev.She presented $340 in counterfeit $20 bills to Western Union to pay for the wire. Each of the $20 bills presented to Western Union were counterfeit Federal Reserve Notes. Four of the counterfeit Federal Reserve Notes presented to Western Union were marked with Serial No. II08725279A. Milheim knew the bills she presented were counterfeit.
  •  During the same period of time Milheim was involved with counterfeiting, summer 2009 to spring 2011, she was also obtaining methamphetamine from a source of supply in Las Vegas. The investigation discovered that Milheim personally transported quantities of methamphetamine for redistribution in Yellowstone County from Las Vegas, Nev., in vehicles and on her person. Once the methamphetamine was transported to Billings, Mont., Milheim conspired with others in Yellowstone County to redistribute the methamphetamine. The investigation uncovered that from summer 2009 to spring 2011, Milheim conspired with others to redistribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine.

 Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that Milheim will likely serve all of the time imposed by the court. In the federal system, Milheim has the opportunity to earn a sentence reduction for “good behavior.” However, this reduction cannot exceed 15 percent of the overall sentence.