Immigration Benefits Available for Immigrants Affected by Hurricane Isaac

U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Isaac of certain U.S. immigration benefits that may be available to them.

USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status. Eligible individuals may apply for temporary relief measures, including:

               A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;

               Extension or re-parole of individuals previously granted parole by USCIS;

               Advance parole, and expedited processing of advance parole applications;

               Expedited adjudication of requests for off-campus employment authorization applications for F-1 students experiencing severe economic hardship;

               Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and the spouses and children of lawful permanent residents (LPRs) whose priority dates are current;

               Expedited adjudication of employment authorization applications; and

               Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.

Visitors traveling under the Visa Waiver Program may visit a USCIS local office for assistance. Individuals affected by the hurricane who are at a U.S. airport may contact the nearest U.S. Customs and Border Protection office for assistance.

For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. Hearing-impaired persons can call 1-800-767-1833.

Customs Fraud Charges for Hong-Kong Jewelry Exporter

A Hong Kong-based jewelry exporter pleaded guilty Friday, August 24, 2012, to customs fraud charges and faces nearly $2 million in fines and restitution in a scheme discovered by U.S. Customs and Border Protection's (CBP) Regulatory Audit Unit and investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Fai Po Jewellery (H.K.) Co., LTD, admitted to intentionally submitting false invoices to the government in connection with the importation of merchandise in order to avoid paying more than $1 million in customs duties. The company was also ordered to pay an $800,000 criminal fine and restitution of $1,017,737. Additionally, the company was ordered to pay the cost of the investigation in the amount of $144,324 and was placed on three years' probation.

HSI special agents found that from early 2007 to late 2009, Fai Po enclosed false invoices in their direct shipments to U.S. purchaser ShopNBC while sending the actual full value invoice to the purchaser by email. Fai Po advised the purchaser to ignore the invoice enclosed in the shipment because it was there only to avoid customs clearance issues.

Since Fai Po was acting as both the exporter and importer, the company was responsible for customs duties, not the U.S. purchaser. The purchaser paid the higher amount listed on the true invoice, while Fai Po declared to the government the lower value on the fraudulent invoice. The purchaser was not aware of Fai Po's scheme and didn't receive any benefit from it.

"A few deliberate pen strokes on a customs declaration form amounted to the theft of more than $1 million from the American people," said Brad Bench, special agent in charge of HSI Seattle, who oversees investigations in Alaska. "The defendant apparently believed its actions would go unnoticed, but it didn't count on CBP's ability to detect this anomaly or HSI's commitment to holding those who commit customs fraud accountable."

The fraud was detected by CBP when an audit revealed a discrepancy between the actual value of the gold jewelry shipment and what was stated on the fraudulent invoices.

Under the terms of probation, Fai Po is required to appoint a responsible corporate officer who will be required to prepare and submit quarterly reports to the U.S. Probation Office to ensure that no similar conduct occurs in the future.

RICO Indictment Charges Drug Traffickers for Racketeering, Drug Trafficking, and Murder

A Racketeering Influenced Corrupt Organizations (RICO) indictment was unsealed Tuesday, August 21, 2012, charging individuals with participating in a massive racketeering organization.

These charges stem from an investigation led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), with the assistance of the New York City Police Department (NYPD).

The 40-count RICO indictment charges nine individuals with participating in the "Rodriguez Enterprise," a massive racketeering organization whose members allegedly sold large quantities of marijuana; engaged in murders and other violent acts; transported and laundered millions of dollars; obstructed justice and committed perjury; and engaged in firearms offenses. The RICO indictment was filed in connection with "Operation Green Venom," a coordinated multi-agency investigation that was led by HSI and first announced in October 2010.

"This organization allegedly placed their goal of profiting from the mass distribution of narcotics throughout New York City above all else, most importantly the regard for human life," said James T. Hayes Jr., special agent in charge of HSI New York. "Today's announcement should serve as a reminder that law enforcement collaboration to combat narcotics trafficking and distribution is greater than ever."

"This indictment illustrates the grim nexus between illegal drug sales, money laundering and deadly violence," said Raymond W. Kelly, commissioner of the NYPD. "We remain committed to working with our federal law enforcement partners to continue our efforts to rid the city of these violent criminals."

"As alleged, these nine defendants were part of a sweeping enterprise that has the blood of six people on its hands and that trafficked in tons of marijuana, laundered millions of dollars and obstructed justice," said U.S. Attorney Preet Bharara, Southern District of New York. "Thanks to the continued dedication and commitment of our law enforcement partners, we are now able to bring them to justice."

The following allegations are based on the RICO indictment unsealed Tuesday, August 21, 2012, in Manhattan federal court:

Manuel Geovanny Rodriguez-Perez (Manuel Rodriguez) is the leader of the Rodriguez Enterprise. He is charged with five murders and five attempted murders, including the murders of the following victims:

·                             Oct. 26, 1997: Francisco Perez, aka Francie;

·                             Dec. 13, 1998: Antonio Kasse, aka Toasty;

·                             2000: first and last name unknown, aka Carlos Valentin, aka Campi;

·                             May 3, 2004: Wilfredo Molina, aka Willie; and

·                             Jan. 16, 2006: Richard Cabrera, aka Bori.

Other charges against Manuel Rodriguez include: trafficking in marijuana from 1992 through 2010; laundering money in New York, Florida and the Dominican Republic; perjury; obstruction of justice; and firearms charges. Manuel Rodriguez has been in federal custody since Oct. 15, 2010.

Orlando Rodriguez – Manuel Rodriguez's younger brother – is also charged with the murder of Carlos Valentin; an attempted murder in 1996; as well as racketeering, marijuana trafficking and money laundering. Orlando Rodriguez was arrested in the Dominican Republic Aug. 16, 2012, and is detained pending his extradition.

Felipe Cantres-Sanjurjo (Felipe Cantres) is charged with the murders of Wilfredo Molina and Richard Cabrera, as well as racketeering, marijuana trafficking and two attempted murders. Felipe Cantres was transferred from local to federal custody in Puerto Rico Aug. 22, 2012.

Miguel Cantres-Sanjurjo (Miguel Cantres), Felipe Cantres' cousin, is charged with the murder of Jose Caba July 14, 2003, and the murder of Wilfredo Molina, as well as racketeering conspiracy, marijuana trafficking and an attempted murder. Miguel Cantres is currently in federal custody in connection with a robbery conviction.

Jose Manuel Espinal is charged in the indictment with racketeering, money laundering conspiracy and two instances of obstruction of justice. Espinal was previously arrested in connection with money laundering charges in December 2011.

Jesus Sanchez is charged with racketeering, marijuana trafficking, money laundering conspiracy and firearms offenses. Sanchez has been in federal custody since Oct. 15, 2010.

Jose A. Rodriguez, the older brother of Manuel Rodriguez and Orlando Rodriguez, is charged with racketeering, marijuana trafficking, money laundering conspiracy and firearms offenses. Jose A. Rodriguez has been in federal custody since Oct. 15, 2010.

Oscar Rodriguez, a cousin of the Rodriguez brothers, is charged with racketeering conspiracy and marijuana trafficking offenses. Oscar Rodriguez was previously arrested in connection with marijuana trafficking charges Oct. 14, 2010.

Theodore Jones is charged with racketeering conspiracy and marijuana trafficking. Jones is currently serving a sentence for an unrelated narcotics conviction.

Defendants Manuel Rodriguez, Jose A. Rodriguez, Oscar Rodriguez and Jesus Sanchez were arrested during an October 2010 takedown of more than 50 members of a massive marijuana trafficking ring that transported ton-quantities of marijuana from Florida and California for distribution in the greater New York area from the early 1990s to 2010. In addition to the defendants charged in the racketeering indictment, the defendants arrested during that takedown included Roc-A-Fella Records founder Kareem Burke, who was sentenced to five years in prison June 4, 2012.

The racketeering indictment seeks the forfeiture of $25 million, which is the approximate amount of gross proceeds received by the defendants in connection with their activities; at least nine separate properties in New York and in Florida; and over $500,000 in cash and nearly 40 pieces of jewelry that were previously seized from the defendants.

All nine defendants are currently in custody or are out on bail in connection with a previous arrest.
HSI encourages the public to report any information regarding these crimes. Any information may be provided anonymously to HSI by calling 1-866-DHS-22ICE or by completing its online tip form. Both are staffed around the clock by investigators.

U.S. Attorney Bharara praised the outstanding investigative work of HSI and the NYPD. He also thanked the U.S. Drug Enforcement Administration; U.S. Marshals Service; Bergen County (N.J.) Prosecutor's Office; Englewood (N.J.) Police Department; U.S. Department of Housing and Urban Development; and the City of New York Department of Investigation for their assistance.

ICE Graduation Honors Mexican Border Guards of MEXCIT Program

A group of 23 Mexican customs officers completed a rigorous 10-week training program modeled on the U.S. Immigration and Customs Enforcement (ICE) Special Agent Training Program to prepare them to more effectively fight crime along the southern border and within Mexico.

Students of the ICE-sponsored Mexican Customs Investigator Training (MEXCIT), their instructors, and Mexican and U.S. dignitaries attended a graduation ceremony at the Federal Law Enforcement Training Center in Charleston Aug. 23, 2012.

 The event underlined ICE's continuing commitment to partner with Mexico in confronting drug cartels and other criminal organizations whose actions undermine public safety, erode the rule of law and threaten the national security of the United States, Mexico and the world at large.

ICE Director John Morton commended the students for completing the challenging and physically demanding course work that included getting a dousing of pepper spray. Morton said MEXCIT is the first of its kind and "stands as a shining example of the strength of the U.S. and Mexico's commitment to bilateral cooperation."

"In the last several years, we have seen a greater level of security cooperation between our two countries than at any point in our histories," said Morton. "Fighting the criminal organizations that threaten our safety and security demands a response that is transnational and that is coordinated."

Also addressing the crowd was Director Alfredo Gutierrez from the Mexican Tax Administration Service, who said, "We all know that our actions transcend borders. The governments of Mexico and the United States are committed to using our resources to significantly improve the security and the environment in which our commercial activities take place."

James S. Thomas, unit chief of international training at the ICE Academy said, "A large block of curriculum was dedicated to officer safety, internal controls and anti-corruption. It energized the instructors teaching the classes because the students were so enthusiastic and raised so many questions."

A total of 47 Mexican customs officers have now completed this training program.

ICE Holds Symposium to Combat American Brand Theft and Merchandise Counterfeit

Brand holders and intellectual property rights experts with U.S. Immigration and Customs Enforcement (ICE) led an all-day symposium Thursday, August 23, 2012, aimed at combating brand theft and merchandise counterfeiting.

The one-day event hosted by ICE's National Intellectual Property Rights Coordination Center (IPR Center) was held at the Ohio Bureau of Criminal Investigation's police academy in Richfield.

"Events like these are a key element in the overall strategy to protect American brands and jobs," said Brian M. Moskowitz, special agent in charge of ICE's Homeland Security Investigations (HSI) Michigan and Ohio. "Educating the public and industry is an important force multiplier in the effort to fight intellectual property rights theft."

The event included presentations from Amber Lilly, Deere and Company, maker of John Deere-branded products; Underwriter Laboratories; and other brand holders.

The symposium centered on actions taken by both the U.S. government and those in the IP industry to combat counterfeit merchandise and intellectual property rights violations. Break-out sessions discussed current trends in counterfeiting, emerging threats, as well as detection methods and best practices in enforcement.

HSI special agents also cited case examples that linked IP theft with other criminal activity. Brand protection officers from several corporations provided information on threat detection and other investigative techniques.

A key message stressed at the event was that counterfeiting and brand theft can result in significant criminal and civil penalties.

Conspiracy to traffic counterfeit goods carries a maximum penalty of five years in prison and a $250,000 fine, or twice the gain or loss resulting from the conspiracy. The maximum penalty for each count of trafficking in counterfeit goods is punishable by up to 10 years in prison and a $2 million fine. Counterfeit goods are also subject to seizure and destruction and proceeds derived from such criminal activity are subject to forfeiture.

The IPR Center is a major player in the fight against criminal counterfeiting (piracy). In May, the center rolled out a new anti-piracy warning that will be featured in forthcoming DVDs and Blue Ray releases, replacing the former warning.

As a task force, the IPR Center uses the expertise of its 21 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety, the U.S. economy and American warfighters.

ICE is the federal government's lead agency investigating intellectual property theft. The International Anti-Counterfeiting Coalition estimates that counterfeiting costs U.S. businesses between $200 and $500 billion each year and more than 750,000 American jobs.

Massachusetts Town Partners with ICE IMAGE Program

The Town of Milford has set the gold standard in its hiring practices by becoming the first municipality in New England to partner with U.S. Immigration and Customs Enforcement's (ICE) employment compliance program, IMAGE, or "ICE Mutual Agreement between Government and Employers."

The Town of Milford, with more than 1,500 employees, has partnered with ICE to protect the integrity of their workforce, becoming the first municipality in New England with this distinction. This partnership was marked Monday evening during the Milford Board of Selectmen meeting.

"It is my pleasure to welcome Milford to our IMAGE family," said Bruce M. Foucart, special agent in charge of ICE's Homeland Security Investigations (HSI) Boston. "The newly formed partnership with ICE and the Town of Milford underscores this town's commitment to protecting the integrity of their workforce and to foster best hiring practices. ICE actively pursues partnership with those employers that want to comply with the employment eligibility verification requirements, including local governments throughout New England. By partnering with ICE, employers receive invaluable training and the tools necessary to ensure a lawful workforce. I am hopeful that other municipalities and companies will follow the actions that Milford has taken. Milford has truly won the gold medal in this endeavor."

The Town of Milford is a thriving Massachusetts community of over 27,000 residents. Milford offers many advantages to residents and visitors alike – an education system with modern facilities and excellent curriculum offerings; newly constructed and upgraded municipal buildings; playing fields and parks for active and passive recreation; a multi-use trail (Milford Upper Charles Trail); major shopping plazas; a revitalized downtown; an active cultural center; a first class regional hospital; and a wide variety of restaurants and hotels.

"Milford is certainly pleased to be a leader in the commonwealth by partnering with ICE through the IMAGE program," said Brian W. Murray, chairman of the Milford Board of Selectman. "We are optimistic that other communities as well as private businesses will follow."

IMAGE program

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits, and stealing identities of legal United States workers. To combat this, ICE initiated the IMAGE program in 2006. As part of the IMAGE program, ICE provides employers with education and training on proper hiring procedures, including use of employment screening tools such as E-Verify. IMAGE certified employers also undergo an audit of their I-9 forms to ensure current employees are eligible to work in the United States.

Employers that are certified with ICE through the IMAGE program pledge to maintain a secure and stable workforce and curtail the employment of unauthorized workers through outreach and education. ICE recently revamped IMAGE, simplifying program requirements.

E-Verify

All IMAGE members must participate in the U.S. Department of Homeland Security (DHS) E-Verify employment eligibility verification program. Through this program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.

HSI worksite investigations

Effective worksite enforcement plays an important role in the fight against illegal immigration. HSI has developed a comprehensive worksite enforcement strategy that promotes national security, protects critical infrastructure and targets employers who violate employment laws or engage in abuse or exploitation of workers.

An effective worksite enforcement strategy must address both employers who knowingly hire illegal workers, as well as the workers themselves. In worksite cases, HSI investigators adhere to high investigative standards, including the following:

• HSI will look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering and other such criminal conduct; and

• HSI will obtain indictments, criminal arrests or search warrants, or a commitment from a U.S. attorney's office to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite.

HSI also works with the private sector to educate employers about their responsibilities to hire only authorized workers and how to accurately verify employment eligibility, through such tools as the IMAGE program.

I-9 audits

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work, on the Form I-9.

"HSI will continue to hold employers accountable for hiring and maintaining a legal workforce," added Foucart. "We encourage employers to take the employment verification process seriously, as we expand the number of audits we are conducting throughout New England each year. HSI will continue to focus its attention on employers that are knowingly employing illegal workers."

Employers – both companies and municipalities – in the New England area that are interested in the IMAGE program can call HSI Boston at 617-565-6286, or visit www.ICE.gov/IMAGE.

California Man Pleads Guilty to Forging Driver's Licenses

A Fresno man pleaded guilty Monday, August 20, 2012, in federal court to conspiring to unlawfully produce California driver's licenses, following a probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the California Department of Motor Vehicles (DMV) Investigations Division, Office of Internal Affairs.

According to court documents, Yadwinder Singh, 50, recruited recipients in a scheme to sell fraudulently obtained commercial driver's licenses. Singh would pass on information he obtained from potential recipients to former DMV technician Alfonso Casarez, who then proceeded to alter the electronic DMV records to make it appear as though the recipients had passed the required written and behind-the-wheel tests, causing the DMV to automatically issue a genuine license.

Singh found his clients by waiting outside the Fresno DMV offices and approaching DMV visitors with an offer to assist them in obtaining commercial licenses without the need to pass the required tests. Another of his recruiting methods involved having clients complete a DMV application and receiving rudimentary instruction from Singh in operating a commercial truck. Upon giving Singh a substantial "tuition" payment, participants would be informed they had passed. A portion of that payment would go to Casarez, who would facilitate the unlawful issuance of the license.

Singh is schedule to be sentenced by U.S. District Judge Lawrence J. O'Neill Oct. 29. He faces a maximum statutory penalty of five years in prison. The case is being prosecuted by Assistant U.S. Attorneys Henry Z. Carbajal, III and Grant B. Rabenn.

Mexican National Wanted for Murder Deported

A Mexican national, murder suspect captured in northern California July 2012 was turned over to Mexican law enforcement personnel Friday, August 17, 2012, at the San Ysidro border crossing by officers from U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations.

Alvaro Hernandez-Fuentes, 38, was transferred to the custody of representatives from the Mexican Attorney General's Office. Hernandez-Fuentes is wanted in his native country for fatally shooting an acquaintance in the Mexican state of Colima Dec. 1, 1993.

According to the Mexican arrest warrant issued in January 1994, Hernandez-Fuentes' girlfriend lured the victim, Alejandro Gomez Garcia, to a location with the promise that marijuana would soon be available. When Gomez Garcia arrived, Hernandez-Fuentes was waiting, and proceeded to fire three shots with a .380 caliber pistol.

When Hernandez-Fuentes realized the victim was still alive, he fired three additional shots. Hernandez-Fuentes's girlfriend eventually surrendered to police, telling them that Hernandez-Fuentes was attempting to force her to burglarize a store to fund his escape to the United States.

Hernandez-Fuentes' repatriation to Mexico follows his arrest July 12, at a residence in Watsonville, Calif., by the U.S. Marshals Service (USMS), ICE Homeland Security Investigations (HSI) and the Santa Cruz Anti-Crime Team (SCCACT). The multi-agency law enforcement team was able to locate Hernandez-Fuentes after receiving a lead from the Mexican Attorney General's Office that the fugitive might be living in the Watsonville area.

On August 9, 2012, an immigration judge cleared the way for the fugitive's repatriation to Mexico after Hernandez-Fuentes admitted he was, in fact, the same person wanted for the homicide in Colima.

"Criminals who seek to escape responsibility for their actions by fleeing to the United States will find no sanctuary in our communities" said Joseph Vincent, assistant special agent in charge for HSI San Jose. "As this case makes clear, U.S. law enforcement agencies are working closely together to promote public safety and hold criminals accountable – no matter where they commit their crimes."

Since Oct. 1, 2009, ERO has removed more than 450 foreign fugitives from the United States who were being sought in their native countries for serious crimes, including kidnapping, rape and murder. ERO works with ICE's Office of International Affairs, foreign consular offices in the United States, and Interpol to identify foreign fugitives illegally present in the country.

5 Members of Mexican Drug Trafficking Ring Sentenced to Over 20 Years

The leader of a local drug trafficking organization, who distributed hundreds of kilograms of cocaine and transported millions of dollars in drug proceeds to Mexican drug traffickers, was sentenced Wednesday, August 15, 2012, to nearly 22 years in prison, announced U.S. Attorney Kenneth Magidson, Southern District of Texas.

This Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed "Operation GoodRum" was conducted jointly by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), and the Internal Revenue Service's Criminal Investigation Division (IRS-CID).

Isaias Gallegos, aka "Mickey," 32, of Sugar Land, Texas, had pleaded guilty to conspiracy to possess with intent to distribute cocaine, and aiding and abetting money laundering. U.S. District Judge David Hittner sentenced Gallegos Aug. 15 to 262 months in federal prison on the conspiracy count and 240 months on the money laundering count; the sentences are to be served concurrently. Gallegos was also sentenced to a five-year term of supervised release.

The 18-month investigation identified Gallegos as the leader of the family operated conspiracy.

The following accomplices were also charged with receiving and selling cocaine from Mexican drug sources to distributors in Houston and throughout the United States:

·                             Suleyka Gallegos, 32, wife, also of Sugar Land;

·                             Wendy Perez Gallegos, 35, sister, from Laredo, Texas;

·                             Julio C. Villanueva-Barbosa, 40, brother-in-law, also from Laredo;

·                             Fernando Gallegos-Saucedo, 23, cousin, from Houston; and

·                             Francisco Paniagua Romero, 38, uncle, from Houston.

Alvaro Dalberto Palma, 33, and Keith Jamail Sonia, 36, both of Houston, were identified as cocaine distributors for the organization. Jorge Alberto Briones, 40, and Mario Garza Mora, 37, both of Laredo, and J. Jesus Santos, 40, of Houston, were identified as transporters of drug proceeds between Houston and Mexican drug traffickers.

From November 2009 through April 2010, HSI special agents seized $1,844,760 in drug proceeds from couriers transporting the funds from the Gallegos organization in Houston to drug traffickers in Mexico. The investigation culminated April 28, 2010 after search warrants were conducted at locations used by the organization, resulting in the seizure of 147 kilograms of cocaine, an additional $160,704 in drug proceeds, and 11 assault rifles.

A residence purchased with drug proceeds in the name of Suleyka Gallegos on the 5200 block of Ireland in Houston revealed a drug manufacturing operation used by the organization. At the residence, a substance was added to the cocaine and then repackaged to appear as if it were in its originally shipped purity. This process allowed the organization to command higher prices for lower quality cocaine.

Suleyka Gallegos, Palma, Sonia and Villanueva-Barbosa all pleaded guilty to conspiracy to possess with intent to distribute cocaine, and were sentenced to 87, 120, 135 and 87 months in federal prison, respectively.

Garza Mora, Perez-Gallegos, Gallegos-Saucedo, Romero, Briones and Santos pleaded guilty to aiding and abetting the conspiracy to money launder and were sentenced to 41, 87, 151, 210, 97 and 97 months, respectively.

In addition to the seized drug proceeds, multiple automobiles and the residence located on Ireland in Houston used by the organization for their drug trafficking activities were also seized by officers during the course of the investigation.

Assistant U.S. Attorney Rick Hanes, Southern District of Texas, prosecuted this case.

Two Illinois Women Sentenced for Counterfeit Luxury Ring

Two women were sentenced in federal court Monday, August 13, 2012, for conspiring to traffic counterfeit merchandise in the Rockford, Ill., area. The sentences resulted from a joint investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Bloomington Police Department, and the U.S. Postal Inspection Service.

Jannette Grant, 51, of Bloomington, Ill., and Kimberly Nein, 50, of Argenta, Ill., who did business as "The Purse Lady," were sentenced Aug. 13 for trafficking in counterfeit goods. U.S. District Judge Joe Billy McDade, Central District of Illinois, sentenced Grant to 36 months in federal prison; and sentenced Nein to serve 24 months in federal prison. Both women were ordered to pay $3,879 restitution. They will report to the Bureau of Prisons Oct. 9 to begin serving their respective prison terms.

On April 25, Grant and Nein each waived indictment and pleaded guilty to operating a business known as "The Purse Lady" that sold counterfeit items bearing various trademarks, including: Coach, Kate Spade, Dolce & Gabbana, Chanel, Dooney & Bourke, Prada, Tiffany & Co., and others. Goods were sold throughout central Illinois, including at various businesses, home parties, also known as "purse parties," through the mail, and at an Argenta warehouse owned by Nein.

Grant and Nein admitted they regularly traveled to Chicago and New York to purchase inventory. According to court documents, Grant and Nein advertised their items for sale as "replica/knockoff," and stated that all references to brands were for "entertainment and novelty purposes only," and "these companies are not affiliated with us in any way."

During search warrants executed by law enforcement officers May 12 at Grant's home and at Nein's Argenta warehouse, officers recovered more than 15,000 counterfeit items with a total estimated manufacturer's suggested retail price of about $1.6 million. The seized luxury goods included 2,000 purses, 900 wallets, 400 sunglasses, 10,900 emblems and medallions, and other items.

Officers recovered various items that Grant surrendered, including a 2008 Dodge Caravan, a 2003 BMW, and $18,052 in currency at her home. Officers also recovered $4,487 from the business's bank account and $80,000 held in a safe deposit box. Grant previously agreed to forfeit $47,522, the amount Grant had paid on two homes in Bloomington, Ill., in lieu of forfeiting real estate.

Assistant U.S. Attorney Darilynn J. Knauss, Central District of Illinois, prosecuted this case.

Polish National Deported for Assaulting a Minor

A man from Poland, convicted of aggravated assault of a child, was deported August 9, 2012, and turned over to Polish officials by officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Rafal Pietrzak, 44, was encountered by officers assigned to ERO's Criminal Alien Program (CAP) at the Texas Department of Criminal Justice following his 1998 conviction for assaulting a child. He was transferred to ERO May 31, 2012 after serving 14 years in prison.

"This removal is an example of how ICE helps protect public safety by thoroughly screening jails and prisons throughout the nation to identify dangerous criminal aliens," said David W. Jennings, field office director for ERO Houston. "This case is representative of the hard work and service by our ERO officers and our law enforcement partners to accomplish this essential public-safety goal."

ERO is focused on smart, effective immigration enforcement that targets serious criminal aliens who present the greatest risk to the security of our communities, such as those charged with or convicted of homicide, rape, robbery, kidnapping, major drug offenses and threats to national security.

ERO also prioritizes the arrest and removal of those who game the immigration system including immigration fugitives or those criminal aliens who have been previously deported and illegally re-entered the country.

Through CAP, ERO seeks to identify potentially deportable aliens incarcerated in jails and prisons throughout the United States. This is accomplished through interviews and reviews of inmates' biographical information. Although ERO initiates removal proceedings against criminal aliens through CAP, these individuals may remain in prison or jail to complete criminal hearings or sentences. Under CAP, ERO uses a risk-based approach to make determinations about the detention and arrest of criminal aliens, with priority given to cases involving individuals deemed to be a security or public-safety threat.

USCIS Makes Forms Available for Deferred Action, Filing Starts Wednesday, August 15, 2012

During a Stakeholder Conference Call today, August 14, 2012, the USCIS announced final updates to the Deferred Action for Childhood Arrivals ('DREAM Act') filing process. Forms are now available for Deferred Action Requests, and the filing process will begin Wednesday, August 15, 2012.

Please note that although the forms and filing instructions are available today, August 14, 2012, requests will NOT be accepted before Wednesday, August 15, 2012. Any requests made BEFORE Wednesday, August 15, 2012, will be DENIED.

For updated information on the filing process and qualifications for the Deferred Action for Childhood Arrivals -- including information on what constitutes being "currently in school," and how previous false claims and/or juvenile delinquency affect a request -- follow the link below to the official USCIS website for Deferred Action for Childhood Arrivals. You may also download the form and form instructions through that link. In addition, you may call the USCIS's toll-free hotline at (800) 375-5283 for any remaining questions you may have concerning the process.  

USCIS Deferred Action for Childhood Arrivals

Puerto Rican Man Faces Ten Year Sentence for Distribution of Counterfeit Pharmaceuticals

A Puerto Rican man faces up to 10 years in prison after being found guilty by a jury the week ending in August 10, 2012, on federal charges stemming from his role as a key operative for a drug ring that distributed large quantities of Chinese-made counterfeit pharmaceuticals throughout the United States and worldwide.

Francis Ortiz Gonzalez, 36, was convicted following a six-day trial on one count of conspiracy and seven counts of trafficking in counterfeit pharmaceuticals. His sentencing is set for Nov. 8 before U.S. District Judge George Wu. Ortiz-Gonzalez. His wife, Ideliz Aleman-Valentin, and two other defendants were named in a 30-count indictment handed down by a grand jury in Los Angeles in June 2009. The jury that convicted Ortiz acquitted Aleman-Valentin.

In 2009, special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) executed a federal search warrant at Ortiz-Gonzalez's residence in Trujillo Alto, Puerto Rico, a suburb of San Juan. Inside the home, investigators found more than 100,000 pills made to resemble a variety of popular prescription medications, including Viagra, Cialis, Valium, Xanax and Lipitor.

The ensuing investigation revealed that Ortiz-Gonzalez had packaged and shipped more than 160,000 counterfeit tablets during a six-month period in 2009 while working for the organization. Many of those shipments were mailed to Southern California, which is why the case was brought to Los Angeles.

The burgeoning popularity of e-commerce has led to an explosion in the number of websites offering prescription drugs online," said Claude Arnold, special agent in charge for HSI Los Angeles. "But consumers who are considering purchasing pharmaceutical products over the Internet should heed that old expression 'buyer beware.' Part of what you're paying for when you buy established brands, regardless of the product, is quality control. Imposter drugs like these pose a serious threat to users who mistakenly assume these substances are safe."

The indictment allege that Ortiz-Gonzalez acted as U.S.-based distributor for a criminal enterprise, allegedly headed by Bo Jiang, 34, a Chinese national whose last known residence is New Zealand. In January 2011, Jiang was taken into custody on a provisional arrest warrant by authorities in New Zealand, but fled shortly after being released on bond. He remains a fugitive.

According to the indictment, Jiang advertised the counterfeit medications over the Internet. As part of the scheme, he allegedly recruited individuals from around the world to act as distributors for the products. The U.S.-based distributors, including Ortiz-Gonzalez, were responsible for receiving the parcels of counterfeit pharmaceuticals from China, then repacking and shipping them to fill individual customer's orders throughout the United States.

The probe, which commenced in 2008, involved HIS Los Angeles, the Food and Drug Administration, Office of Criminal Investigations and the U.S. Postal Inspection Service.

The Department of Homeland Security and the Department of Justice are working together to combat intellectual property crimes. In fiscal year 2011, HSI and U.S. Customs and Border Protection made nearly 25,000 seizures involving counterfeited and pirated products, a 24 percent increase compared to fiscal year 2010.

As the largest investigative arm of the Department of Homeland Security, HSI plays a leading role in targeting criminal organizations responsible for producing, smuggling and distributing counterfeit products. HSI focuses not only on keeping counterfeit products off our streets, but also on dismantling the criminal organizations behind such illicit activity.

Texas Lawyer Sentenced for Wire Fraud and Corporate Identity Theft Scheme

A Houston lawyer was sentenced to 18 months in federal prison and 36 months of home confinement Thursday, Aug. 9. This case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Tampa and the U.S. Secret Service's Tampa and Newark, N.J., field offices.

According to testimony and evidence presented at trial, from February 2005 through July 2006, Roger Shoss, 67, of Houston, and codefendant Nicolette Loisel, also a Houston lawyer, conspired to steal the identities of dormant, publicly-traded companies. They then used the corporate identities they had stolen to create fraudulent, empty-shell companies that had the appearance of being publicly traded. They subsequently sold the fraudulent empty-shell companies for a profit. 

The four companies featured in the indictment were Mobilestream Inc., Regaltech Inc., Nanoforce Inc. and Rocky Mountain Gold Mining Inc., which emanated from 3E International Inc., Pacific Chemical Inc., Webgalaxy Inc. and Greensmart Corporation, respectively.

The administrative and money laundering functions of this scheme were headquartered in Pinellas County, Fla. Multiple wire transfers, totaling at least $800,000, were initiated from the Middle District of Florida to Shoss, in payment for the companies. Shoss, in turn, paid Loisel more than $450,000 for her role in the scheme.

"These individuals – both attorneys – conspired to make a profit through a sophisticated investment fraud and money laundering scheme," said Sue McCormick, special agent in charge of HSI Tampa. "HSI works closely with our law enforcement partners to identify and prosecute con-artists like Shoss and Loisel."

In addition to his prison sentence, Shoss is required to pay a final forfeiture money judgment, in the amount of $800,000. This amount represents proceeds obtained by Shoss and Loisel as a result of their criminal activities. A final order of forfeiture was also entered for Shoss' residence in Houston, which was purchased with proceeds traceable to the wire fraud conspiracy. 

"The U.S. Secret Service and HSI continually strive to enhance our law enforcement partnership by leveraging our respective capabilities, expertise and manpower in support of our distinct law enforcement missions," said John Joyce, U.S. Secret Service's Tampa special agent in charge. "The U.S. Secret Service and HSI will continue to effectively investigate, deter and diminish the threat posed by various types of criminals to our nation's financial infrastructure."

A federal jury found Shoss and Loisel guilty of conspiracy to commit wire fraud on May 22. Loisel's sentencing is scheduled for Sept. 4.

Seven Year Sentence for El Salvador National Previously Deported Four Times

A convicted felon from El Salvador was sentenced Tuesday, August 7, 2012, to seven years and eight months in federal prison for illegally re-entering the United States after having been previously deported four times. This sentence resulted from an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Jose Eligio Pineda-Parada, 47, was sentenced July 31 to 92 months in prison for illegally re-entering the United States as a previously deported felon. He was convicted of the charge after a one-day trial in May.

Court records showed that Pineda-Parada legally entered the United States in 1987. Evidence presented at the trial proved that in 1991, Pineda-Parada was convicted in Texas of a felony assault. He was sentenced to two years in prison and was deported in April 1992.

He illegally re-entered the United States and was again deported in October 1999, and deported a third time in December 2000. A federal judge in Texas sentenced him to 46 months in 2002 for illegally re-entering the United States for a third time. He was last deported to El Salvador in 2004.

Most recently, Lexington authorities arrested Pineda-Parada in December 2011 for driving drunk and other related traffic offenses. While at the Fayette County Detention Center, jail officials identified Pineda-Parada as an illegal alien who had been previously deported. ERO was notified and took Pineda-Parada into custody.

Under federal law, Pineda-Parada will have to serve at least 85 percent of his prison sentence. He will be deported to El Salvador for a fifth time after he completes his prison sentence.

Assistant U.S. Attorney David Marye, Eastern District of Kentucky, prosecuted the case.

New York Jeweler Arrested for Forging Government Seal

A jewelry wholesaler was arrested Sunday, August 5, 2012, for allegedly committing wire fraud and forging the seal of U.S. Customs and Border Protection (CBP). The arrest is a result of an investigation by U.S. Immigration and Customs Enforcement's (ICE) Office of Professional Responsibility and the Internal Revenue Service, Criminal Investigation.

Tejas Mehta, 36, the owner of Saritijediam Inc., doing business as Design Trends, is a jeweler who conducts business in Manhattan's diamond district. He is accused of allegedly forging the seal of CBP, a component of the U.S. Department of Homeland Security. Mehta used the fraudulent CBP seal to allegedly steal approximately $1 million from his business associates and other diamond and precious stones wholesalers.

Mehta received diamonds, jewelry and precious stones from other wholesalers under consignment. Once in his possession, Mehta would sell the jewels. Instead of giving the proceeds to the owner of the merchandise as he had agreed to, Mehta allegedly falsely claimed that he could not return or sell the merchandise because it had been seized by U.S. authorities.

"The production and use of fictitious government documents and seals is a serious crime," said Terence S. Opiola, special agent in charge of the ICE Office of Professional Responsibility in the Northeast. "ICE OPR is committed to aggressively investigating these crimes and takes great pride in protecting the integrity of all ICE and CBP employees."

"IRS-Criminal Investigation is always eager to work with our federal law enforcement partners and share our financial investigative expertise," said Toni Weirauch, acting special agent in charge for IRS-CI in New York. "We are proud to work with ICE on this important investigation, especially because of its governmental integrity aspect."

According to court documents, one victim consigned $650,000 in diamonds to Mehta, who then allegedly made excuses and did not return the stones or any funds from the sale of the diamonds. Mehta told the victim's attorney that the stones had been seized by U.S. authorities. Mehta allegedly used the fraudulent seal to falsely state that the diamonds, precious stones and jewelry - which were consigned to him - had been seized by CBP.

This case is being prosecuted by the U.S Attorney's Office for the Southern District of New York.

Three Men Sentenced for Food-Stamp Fraud and Selling Counterfeit Goods

Three local men were sentenced in federal court Thursday, August 2, 2012, for selling counterfeit clothes, shoes and merchandise in the Rockford area. These sentences resulted from a joint investigation into food-stamp fraud and counterfeit merchandise sales conducted by the following agencies: U.S. Department of Agriculture's Office of Inspector General, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the FBI, the Internal Revenue Service's Criminal Investigation Division, and the Rockford Police Department.

Two brothers, Abdul Hariz, 23, and Mohammad Hariz, 21, of Rockford, each pleaded guilty Feb. 8 to conspiring to sell counterfeit shoes and apparel. According to their plea agreements, they sold counterfeit merchandise at the Fashion Show store in Rockford between Aug. 19 and Dec. 14, 2010.

Mohammad Hamad, 44, was charged in a separate indictment and pleaded guilty March 8 to selling counterfeit goods at the Westside Groceries store in Rockford Oct. 21, 2010. In his plea agreement, Hamad admitted that he was part owner of Westside Groceries. He also admitted that his store employees improperly allowed an individual cooperating with law enforcement officers to use a LINK card (food stamp benefits) to purchase counterfeit shoes.

All three defendants were sentenced Aug. 2 by U.S. District Judge Frederick J. Kapala to five months in federal prison followed by three years of supervised release. During the first five months of their supervised release, each defendant will be placed on home confinement with electronic monitoring. After they complete their home confinement, each defendant must then serve the remaining 31 months of supervised release. All three defendants were ordered to pay full restitution to the victims of their crimes, and to repay the government for the costs incurred in the undercover investigation. Hamad was also sentenced to pay a $5,000 fine.

As a result of the investigation, five other Rockford men were charged in federal court with offenses relating to food stamp fraud (LINK cards). Those five men have pleaded guilty and have already been sentenced.

Assistant U.S. Attorney John G. McKenzie, Northern District of Illinois, prosecuted the case.

ERO Arrests Over 4,000 Criminal Aliens in June and July

July 2012, in Dallas, Texas, U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) arrested a man from El Salvador who had a criminal conviction for aggravated sexual assault on a 6-year-old child.

The 57-year-old citizen and native of El Salvador arrested by ERO's special operations team in Dallas is just one example of the more than 4,400 convicted criminals arrested in June and July across the United States, and one of more than 1,900 considered a Level 1 offender - top priority for the federal ICE officers who enforce immigration law. Level 1 offenders have been criminally convicted of major violent offenses, including murder, rape and the sexual abuse of children.

Other examples of individuals arrested in June and July throughout the country include:

·                             A citizen of the United Kingdom arrested in Kansas City, Mo., convicted of a lewd and lascivious act with a child under 14 and sentenced to six years' confinement;

·                             A citizen of Jamaica arrested in Miami, convicted for aggravated battery with a deadly weapon, burglary and carrying a concealed firearm;

·                             A citizen of Honduras arrested in New York, convicted of sexual abuse of a child;

·                             A citizen of Mexico arrested in Phoenix, Ariz., convicted of burglary, assault on a federal officer with a deadly weapon, escape from federal custody and possession of marijuana;

·                             A citizen of Mexico arrested in Salt Lake City, Utah, convicted for rape of a child and sentenced to a term of no less than six years in Utah State Prison;

·                             A citizen of Laos arrested in St. Paul, Minn., convicted of manslaughter and criminal sexual conduct on an 11-year-old; and

·                             A citizen of Guatemala arrested in Ashburn, Va.,convicted of sexual battery.

"Our officers are out every day looking for the worst of the worst at-large criminal aliens who are hiding within our communities, potentially committing more crimes," said Gary Mead, ICE's Executive Associate Director for ERO. "The more successful we can be at using our immigration authorities to remove individuals like this from our country, the safer our communities will be."

ICE's enforcement priorities dictate that the agency's resources are focused on the identification and removal of convicted criminals and public safety threats, recent illegal border crossers, repeat immigration violators and immigration fugitives. This strategy is intended to ensure that immigration laws are enforced in a way that best enhances public safety, border security and the integrity of the legal immigration system.

Last fiscal year, ICE removed 396,906 individuals of which nearly 217,000 were convicted criminals. Overall, more than 90 percent of the total removals fell into one of ICE's enforcement priorities.

ERO's national fugitive operations program maintains a public list of the top 10 most wanted ERO fugitives at www.ice.gov/most-wanted/ero.htm. ICE encourages the public to report any tips that could lead to the capture of these individuals by calling the national hotline at 1-866-DHS-2-ICE.

USCIS Posts NEW Updates to Deferred Action for Childhood Arrivals Filing Process

            During a Stakeholder's conference call today, August 3, 2012, the USCIS announced a link to an updated website regarding Requests for Deferred Action for Childhood Arrivals. The updated website has extensive information on the filing process including:

·         Fees and fee exemptions

·         Filing dates

·         Forms

·         Evidence requirements

           

Follow the link below to read this newly released information:

www.uscis.gov/childhoodarrivals

Former Airline Agent Pleads Guilty to Drug Trafficking

A former Delta Airlines ramp agent at Atlanta Hartsfield-Jackson International Airport, who attempted to obtain a suitcase containing more than $614,000 worth of illegal drugs off of a flight from Mexico City, pleaded guilty Tuesday, July 31, 2012, in federal district court to conspiracy to possess with the intent to distribute controlled substances, following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Luis Marroquin, 35, of Atlanta, had previously been indicted by a federal grand jury May 1 on charges of conspiracy to possess with the intent to distribute controlled substances and attempting to import methamphetamine and heroin into the United States from Mexico. Kelvin Rondon, 27, of Atlanta, a former Delta Airlines ramp agent who was indicted with Marroquin, pleaded guilty July 19 to the same charge.

United States Attorney Sally Quillian Yates said of the case: "These guilty pleas demonstrate a continued strong commitment by the U.S. Attorney's Office, ICE, our other law enforcement partners and airline security teams to uncover, arrest and successfully prosecute those individuals who traffic illegal drugs through our airport."

"Keeping dangerous drugs out of our communities is a team effort," said Brock D. Nicholson, special agent in charge of HSI Atlanta. "Thanks to the excellent work done by Delta Airlines security and U.S. Customs and Border Protection, HSI special agents were able to unravel this scheme and ensure the defendants will be held accountable for their criminal actions." Nicholson oversees HSI activities in Georgia and the Carolinas.

According to information presented in court, on Jan. 13 at approximately 11:57 a.m. Delta Airlines flight number 364 arrived at the Atlanta Hartsfield-Jackson International Airport from Mexico City, Mexico. Shortly thereafter, a Delta Airlines agent found an unclaimed piece of luggage on a baggage carousel with a tag corresponding to Flight 364. U.S. Customs and Border Protection (CBP) agents inspected the luggage, and determined that it contained multiple packages of methamphetamine and heroin.

Later that same day, HSI special agents interviewed Carlos R. Springer, 41, of Hampton, Ga., who was the performance leader for the shift of ramp employees who off-loaded the baggage on Flight 364. During a search of Springer's cellular telephone, special agents found coded incriminating text messages between Springer and Marroquin around the time of the arrival of the flight which concerned a missing bag. The investigation revealed that Marroquin recruited Rondon to locate the suitcase of drugs from the aircraft and showed Rondon a picture of the bag from Marroquin's cellular telephone in advance of the arrival of the flight.

Marroquin, Rondon and Springer were charged in the same indictment May 1 with conspiracy to possess with the intent to distribute methamphetamine and heroin, and attempting to import methamphetamine and heroin into the United States from Mexico.

A federal grand jury returned a superseding indictment June 6 which also charged Stephanie Baxter, 26, of Atlanta, with concealing and harboring Marroquin while he remained a fugitive in this case. Baxter was in the process of selling Marroquin's assets so that Marroquin could supposedly flee to his native Guatemala. HSI special agents foiled the plan and arrested Marroquin at a residence in Coral Springs, Fla., May 8.

The sentencings for Marroquin and Rondon have not yet been scheduled. Marroquin and Rondon could receive maximum sentences of life in prison and fines of up to $10,000,000. In determining the actual sentences, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Springer's and Baxter's cases remain pending in federal court.