California Company Fined by ICE for Hiring Illegal Immigrant Employees

As part its enforcement strategy to reduce illegal employment and protect job opportunities for the nation's lawful workforce, U.S. Immigration and Customs Enforcement (ICE) announced Tuesday, February 5, 2013, that 10 employers in San Diego and Imperial counties were fined by ICE during fiscal year 2012 for various employment-related violations.

Collectively, the fines totaled more than $173,800, with the largest fine, $50,000, being lodged against a San Diego-area medical transportation service. The fines were imposed after ICE Homeland Security Investigations (HSI) found the businesses had failed to comply with laws prohibiting the hiring of unauthorized workers.

One of the ways HSI identifies potential hiring violations is by auditing employers' Form I-9s, the document businesses use to verify an employee's eligibility to work. Employers are required to complete and retain a Form I-9 for each individual they hire. In fiscal year 2012, HSI conducted 151 worksite audits in San Diego and Imperial counties, compared to 86 audits the previous year and 63 audits in fiscal year 2010.

"Employers who build their business model upon an illegal workforce will be held accountable," said Derek Benner, special agent in charge for HSI San Diego. "We encourage employers to take the employee verification process seriously. Employers must understand that the integrity of their employment records is just as important to the federal government as the integrity of their tax files or banking records."

Below, in alphabetical order, is a list of the businesses in San Diego and Imperial counties that received final fine notices from ICE in fiscal year 2012:

·                             Aquarius Yacht Services – $13,744 fine

·                             Balboa Ambulance Incorporated – $50,000 fine

·                             El Sol Meat Market – $24,050 fine

·                             Harmony Egg Ranch – $9,000 fine

·                             International Consolidated Cargo – $7,480 fine

·                             Mexicali Chicken and Salad – $21,500 fine

·                             Old Town Buffet – $15,000 fine

·                             Rocha Trucking & Parking Inc. – $8,000 fine

·                             Stanford Sign and Awning Inc. – $9,600 fine

·                             TDG Aerospace – $15,427.50 fine

The $173,800 in civil fines lodged against area San Diego-area companies in fiscal year 2012 represents an 18 percent increase over fiscal year 2011, when HSI imposed $146,577 in civil fines locally against 11 employers.

While HSI continues to pursue criminal cases against unscrupulous employers, it now places increased emphasis on gaining employers' compliance and outreach to the business community. As part of this effort, HSI utilizes all available civil and administrative tools, including Form I-9 inspections, civil fines and debarment. HSI also actively promotes the ICE Mutual Agreement between Government and Employers (IMAGE) outreach program. IMAGE is a voluntary partnership between the government and the private sector where employers receive invaluable training and are provided with additional tools to strengthen the integrity of their workforce and curtail the employment of unauthorized workers. There are currently 11 San Diego-area companies that are certified members of the IMAGE program.

Nationwide, HSI conducted more than 3,000 worksite audits in fiscal year 2012 as compared to 2,496 the previous year. In fiscal year 2012, the worksite audits and related investigations resulted in the issuance of 495 final fine notices totaling more than $12.4 million. That compares to 385 civil fines assessed in fiscal year 2011 totaling $16.3 million. 

Vietnamese Illegal Alien Pleads Guilty to Credit Card Fraud Conspiracy

Tri Tran, aka Tony, 35, a citizen of Vietnam unlawfully in the country and residing in Maryland, pleaded guilty Friday, February 1, 2013, to mail fraud in connection with a scheme to skim credit card account data and re-encode the data onto different credit cards used to buy merchandise at retail stores. As a result of the scheme, more than 50 victims incurred losses totaling more than $70,000.

The guilty plea follows an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Baltimore; U.S. Secret Service, Baltimore Field Office; Harford County Sheriff's Office and the assistance of the Harford County State's Attorney Office.

According to his plea, beginning in 2009 through Feb. 28, 2011, co-conspirator Nghia Nguyen, 35, a Vietnamese citizen residing in Santa Ana, Calif., mailed an electronic skimming device to Tran in Maryland, who used the device at the business where he was employed to access data from customer credit cards. During 2009, Tran mailed Nguyen the skimming device approximately twice a month, typically when the data of five to 15 credit cards were stored on the skimmer. This pace picked up slightly in 2010 and in 2011 there were about four or five exchanges prior to his arrest. Tran would also mail several credit cards bearing his name to Nguyen.

Nguyen would then extract the data from the skimmer and re-encode the magnetic strip of the other cards with the victims' data. Nguyen would then send Tran three or four re-encoded cards in return, and Tran would use these cards, typically for one or two transactions at about $200 per transaction before the accounts were shut down. This process was repeated several times over the course of the scheme.

On Jan. 14, 2011, the Harford County Sheriff's Office began investigating a complaint related to credit card skimming activity at the retail location where Tran worked. On Feb. 28, 2011, Tran's residence was searched and HSI special agents seized computer equipment and peripheral devices used in the creation of the fraudulent credit cards.

Tran faces a maximum sentence of 20 years in prison and a $250,000 fine for mail fraud at his May 24 sentencing before U.S. District Judge James K. Bredar.

Nguyen previously pleaded guilty to his participation in the scheme and was sentenced Dec. 17, 2012, to six years in prison.

Today's announcement is part of efforts underway by President Obama's Financial Fraud Enforcement Task Force, which was created November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. 

Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,700 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.

HSI Orange County, the Drug Enforcement Administration and U.S. Postal Inspection Service in California, City of Orange Police Department, Costa Mesa Police Department and the U.S. Attorney's Office for the Central District of California assisted in the investigation.

The case is being prosecuted by Judson T. Mihok.

HSI Arrests Identity Illegal Jamaican National for Aggravated Identity Theft

Cory Howard was living in North Carolina in 2011. While reviewing his credit report, he realized that an unknown person in the state of Florida had opened a Wells Fargo bank account using his personal information. After doing some investigating, Howard learned that the bank account was associated with a Tampa, Fla., address, and he contacted the Tampa Police Department for assistance.

A Tampa Police Department detective embarked on an investigation. Using ATM transaction videos and the address associated with the Wells Fargo bank account, she tracked down Howard's impersonator via a traffic stop. The driver, however, did not present a Florida driver's license bearing Howard's information. Instead, he presented a Florida license indicating that his name was Miguel Cruz. When the detective analyzed both licenses, the images on the licenses bearing both Cruz and Howard's name appeared to be the same person. The driver of the vehicle also appeared to be the same person in the ATM videos.

But was this individual really Cruz?

The detective didn't believe so, and that's why she reached out to Tampa's Homeland Security Investigations (HSI) special agents. HSI special agents are highly trained to identify document and benefit fraud.

"Our special agents didn't leave one stone unturned, searching immigration records and working with law enforcement entities in Jamaica and the U.S. Virgin Islands to identify the impersonator," said HSI Tampa Special Agent in Charge Sue McCormick.

After comparing arrest records and fingerprint samples, the HSI special agents determined that the impersonator was actually Lynval Thompson, a Jamaican national who was illegally residing in the United States.

On Friday, January 11, 2013, Thompson was sentenced to two years in federal prison and one year of supervised release for aggravated identity theft. He will be deported to Jamaica after he completes his prison sentence.

How do you protect yourself from identity theft?

·                             Shred paperwork with personal identifying information before discarding.

·                             Be aware of your surroundings at ATMs. Protect your PIN and account numbers.

·                             Do not enter your credit card number on the Internet (unless you are using a secure site).

·                             Monitor your credit report and bank account statements.

·                             Do not provide personal information to people you do not know. 

Foreign Nationals Sentenced for Trafficking Identities of Puerto Rican US Citizens

Five foreign nationals were sentenced to prison for their respective roles in trafficking the identities of Puerto Rican U.S. citizens and corresponding identity documents, announced Assistant Attorney General Lanny A. Breuer of the Justice Department's Criminal Division; U.S. Attorney Rosa E. Rodríguez-Vélez for the District of Puerto Rico; Director John Morton of U.S. Immigration and Customs Enforcement (ICE), which oversees Homeland Security Investigations (HSI); Chief Postal Inspector Guy J. Cottrell of the U.S. Postal Inspection Service (USPIS); Scott P. Bultrowicz, Director of the U.S. State Department's Diplomatic Security Service (DSS); and Internal Revenue Service-Criminal Investigation (IRS-CI) Chief Richard Weber.

Daniel Aparicio-Lara, 29, a Mexican national formerly of Burlington, N.C., was sentenced Tuesday, December 18, 2012, to 66 months in prison by U.S. District Judge Thomas D. Schroeder in the Middle District of North Carolina. In addition to his prison term, Aparicio-Lara was sentenced to serve three years of supervised release and ordered to forfeit $140,800 in proceeds. On Sept. 18, 2012, Aparicio-Lara pleaded guilty in front of Judge Schroeder to one count of conspiracy to commit identification fraud and one count of aggravated identity theft.

Manuel Guzman-Santos, 37, a Dominican national formerly of Worcester, Mass., and Marco Pena, 37, a Dominican national formerly of Dorchester, Mass., were sentenced Monday, December 17, 2012, by U.S. District Judge Joseph L. Tauro in the District of Massachusetts. Both Guzman-Santos and Pena were sentenced to serve 30 months in prison. On Aug. 2, 2012, Guzman-Santos and Pena each pleaded guilty in front of Judge Tauro to one count of conspiracy to commit identification fraud.

Adelfo Perez-Garcia, 36, a Mexican national formerly of Seymour, Ind., and Alma Yesenia Garcia-Ramirez, 29, a Mexican national formerly of Crystal Lake, Ill., were sentenced yesterday by U.S. District Judge Gustavo A. Gelpí in the District of Puerto Rico. Perez-Garcia was sentenced to serve 24 months and one day in prison and Garcia-Ramirez was sentenced to serve 24 months in prison. Judge Gelpí ordered the removal of both defendants from the United States after the completion of their sentences and ordered that Garcia-Ramirez forfeit $35,900 in proceeds. On Aug. 28, 2012, Perez-Garcia pleaded guilty to one count of conspiracy to commit identification fraud in the District of Puerto Rico in front of U.S. Magistrate Judge Silvia Carreño-Coll. On Sept. 4, 2012, Garcia-Ramirez pleaded guilty to one count of conspiracy to commit alien smuggling for financial gain in the District of Puerto Rico before U.S. Magistrate Judge Bruce J. McGiverin.

The five defendants were charged in a superseding indictment returned by a federal grand jury in Puerto Rico Mar. 22, 2012. To date, a total of 53 individuals have been charged for their roles in the identity trafficking scheme, and 23 defendants have pleaded guilty.

Court documents allege that individuals located in the Savarona area of Caguas, Puerto Rico, obtained Puerto Rican identities and corresponding identity documents. Other conspirators located in various cities throughout the United States (identity brokers) allegedly solicited customers and sold Social Security cards and corresponding Puerto Rico birth certificates for prices ranging from $700 to $2,500 per set. The superseding indictment alleges that identity brokers ordered the identity documents from Savarona suppliers, on behalf of the customers, by making coded telephone calls. The conspirators are charged with using text messages, money transfer services and express, priority or regular U.S. mail to complete their illicit transactions.

Court documents allege that some identity brokers assumed a Puerto Rican identity themselves and used that identity in connection with the trafficking operation. Their customers allegedly generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver's licenses. Some customers allegedly obtained the documents to commit financial fraud and attempted to obtain a U.S. passport.

According to court documents, various identity brokers were operating in Rockford, Ill.; DeKalb, Ill.; Aurora, Ill.; Seymour, Ind.; Columbus, Ind.; Indianapolis; Hartford, Conn.; Clewiston, Fla.; Lilburn, Ga.; Norcross, Ga.; Salisbury, Md.; Columbus, Ohio; Fairfield, Ohio; Dorchester, Mass.; Lawrence, Mass.; Salem, Mass.; Worcester, Mass.; Grand Rapids, Mich.; Nebraska City, Neb.; Elizabeth, N.J.; Burlington, N.C.; Hickory, N.C.; Hazelton, Pa.; Philadelphia; Houston; Abingdon, Va.; Albertville, Ala.; and Providence, R.I.

According to court documents, Aparicio-Lara admitted that he was an identity broker who operated in North Carolina and Missouri; Guzman-Santos and Pena admitted that they were identity brokers who operated in Massachusetts; and Perez-Garcia admitted that he was an identity broker who operated in Indiana. Garcia-Ramirez admitted to assisting an Illinois-based identity broker and transferring money on behalf of the organization. The five defendants used either a real Texan or Puerto Rican identity themselves to commit identification fraud and to facilitate their identity trafficking business.

The charges are the result of Operation Island Express, an ongoing, nationally-coordinated investigation led by HSI Chicago and USPIS, DSS and IRS-CI offices in Chicago, in coordination with HSI San Juan. The Illinois Secretary of State Police (Elgin, Ill.) Police Department; Seymour (Ind.) Police Department; and Indiana State Police provided substantial assistance. HSI Dominican Republic and International Organized Crime Intelligence, and Operations Center as well as various ICE, USPIS, DSS and IRS-CI offices around the country provided invaluable assistance.

The case is being prosecuted by Trial Attorneys James S. Yoon, Hope S. Olds, Courtney B. Schaefer, and Christina Giffin of the Justice Department Criminal Division's Human Rights and Special Prosecutions Section, with the assistance of Acting Deputy Chief Jeannette Gunderson of the Criminal Division's Asset Forfeiture and Money Laundering Section, and the support of the U.S. Attorney's Office for the District of Puerto Rico. The U.S. Attorney's Offices in the Northern District of Illinois, Southern District of Indiana, District of Connecticut, District of Massachusetts, District of Nebraska, Middle District of North Carolina, Southern District of Ohio, District of Rhode Island, Southern District of Texas and Western District of Virginia provided substantial assistance.

Potential victims and the public may obtain information about the case at: www.justice.gov/criminal/vns/caseup/beltrerj.html. Anyone who believes their identity may have been compromised in relation to this investigation may contact the ICE toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) and its online tip form at www.ice.gov/tipline. Anyone who may have information about particular crimes in this case should also report it to the ICE tip line or website.

Anyone who believes that they have been a victim of identity theft, or wants information about preventing identity theft, may obtain helpful information and complaint forms on various government websites including the Federal Trade Commission ID Theft Website, www.ftc.gov/idtheft. 

Business Owner Sentenced for Illegal Alien Employment Ring

An Arkansas business owner was sentenced to 30 months in federal prison Monday, September 24, 2012, for providing counterfeit immigration documents and Social Security cards to illegal aliens and then employing them at various locations across three states. The sentence follows an investigation led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Valentin Gutierrez, 53, owner of Action Staffing and Action Labor Contractors in Arkansas, Mississippi and Alabama, was sentenced as a result of his May 10 guilty plea to one count of harboring and shielding illegal aliens for financial gain. In addition to the sentence Gutierrez was ordered to pay $10,000 in fines and to serve two years supervised release upon his release from prison.

HSI special agents received information in November 2008 that Gutierrez was employing illegal aliens and providing them with counterfeit work authorization documents. HSI subsequently arrested 13 foreign nationals associated with the scheme. Investigators also determined from financial records that Gutierrez made at least $6.4 million from May to December 2008 as a result of selling illegal alien labor to various companies. HSI seized Gutierrez's bank accounts and recovered approximately $117,000 in forfeited funds traced to harboring and shielding illegal aliens.

The FBI along with task force officers from the Rogers Police Department, the Washington County Sheriff's Office and the Springdale Police Department assisted with the case.

Scott Crawford, resident agent in charge of the HSI Fayetteville field office said this successful prosecution resulted from a coordinated effort of federal, state and local law enforcement agencies and this case illustrates the serious consequences of harboring and shielding illegal aliens.

"This case shows that individuals who violate immigration laws face significant penalties along with the forfeiture of proceeds gained as a result of their criminal activity," said Crawford. "This sentence serves as a stark reminder that employing illegal aliens or assisting others in doing so is a serious crime that carries serious penalties. Federal, state and local law enforcement partners work vigilantly each day and will continue to identify these criminals and ensure they face justice."

Illegal Mexican National and Other Sentenced for Straw-Purchasing Firearms

The leader of a large straw-purchasing ring who was responsible for the purchase of more than 200 firearms is now headed to prison, 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) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Yahir Ricardo Garcia-Matias, 29, a Mexican national in the United States illegally, was sentenced Wednesday, September 19, 2012, along with nine others responsible for making false statements on ATF Forms 4473 in the acquisition of firearms from federal firearms licensees (FFLs).

According to court documents, Garcia-Matias pleaded guilty to one count of straw purchasing in one case and to being an illegal alien in possession of firearms in another. On Sept. 19, U.S. District Judge Randy Crane sentenced him to 120 months for the firearms possession and another 60 months for straw purchasing. The sentences will run consecutively for a total of 180 months in prison.

Also sentenced Wednesday, September 19, 2012 was Jose Duran-Loera, 26, of Mercedes, Texas, who pleaded guilty to possession of a firearm by a felon and straw purchasing. He was sentenced to 120 and 60 months, respectively, which will also run consecutively for a total of 180 months in federal prison.

Judge Crane sentenced seven others in this case. The defendants are: Humberto Galvan, 22, and Juan Angel Nunez Jr., 25, both of Mercedes; Jose Espinoza, 24, of Weslaco; Angelo Rosa, 23, and Antonio Espinoza, 22, both of Edinburg; Ashley Trevino, 22, of San Juan; and Maria Isela Morales, 22, of Donna. All have pleaded guilty to one count of straw purchasing at varying times.

Galvan, Antonio Espinoza, Jose Espinoza, Rosa, Trevino and Morales were all sentenced to 46-month-terms of imprisonment. Nunez, who pleaded guilty to two different violations of straw purchasing, will serve a total of 108 months in prison.

Court documents indicate that beginning in September 2010, ATF agents began investigating several individuals who had made large numbers of purchases of highly trafficked firearms from The Armory, an FFL in McAllen. Agents interviewed several individuals involved in the case and discovered they had straw-purchased firearms for Loera or Nunez. Loera and Nunez would recruit individuals to make the purchases, give them money to make to purchase, then direct the buyers as to which store to use and what firearms to purchase. After the buyer had acquired the firearms they then transferred them to Nunez or Loera and were paid for making the purchase.

ATF agents identified Garcia-Matias and Nunez as senior members of the straw-purchasing organization. On May 23, ATF agents received information that Nunez was attempting to straw-purchase 10 AK-style rifles. After observing the purchase and once the firearms were loaded into Nunez's vehicle, agents approached and interviewed Nunez. He admitted at that time to straw-purchasing in cooperation with Garcia-Matias, who had provided the money to him. Nunez was followed back to the Rio Grande Valley where he was observed meeting with Garcia-Matias and another defendant, Juan Carlos Solis-Venegas, 39, a Mexican national living illegally in the United States, when Solis-Venegas turned the firearms over to them. After agents observed the firearms being transferred from Nunez's vehicle to the vehicle occupied by Garcia-Matias and Solis-Venegas, all were taken into custody. Solis-Vengas was identified by the parties as the person who brought the money to Garcia-Matias.

In total, Garcia-Matias was held to be responsible for well over 200 firearms.

Solis-Venegas was also charged in this case and subsequently pleaded guilty. He will be sentenced Oct. 4, and will remain in custody pending that hearing.

This prosecution was responsible for sending more than 25 leaders, recruiters and straw-purchasers to prison. Most of the firearms in the case were already in Mexico by the time agents were able to begin their investigation of the offenses. The majority of the prosecution was historical and based upon completed ATF Forms 4473 that were examined. No firearms were allowed into Mexico as a part of this investigation.

Garcia-Matias and Nunez have been in custody, as are Loera and Juan Espinoza. They will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The remaining six sentenced Sept. 19 had been on bond but were remanded to custody following the hearing Wednesday, September 19, 2012.

Assistant U.S. Attorney Steven Schammel, Southern District of Texas, prosecuted the case.

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.

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.

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.

Operation Community Shield Arrests 14 Foreign Gang Members

Special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) – in close partnership with the Wisconsin police departments of Milwaukee, Greendale and Greenfield – arrested 14 men during an enforcement operation Monday, July 30, 2012. This is the latest local effort in an ongoing national HSI initiative to target foreign-born gang members.

The operation was conducted July 30 in Milwaukee and resulted in the arrests of 13 Mexican nationals and one national of the Dominican Republic, all male.

The Mexican nationals arrested are proven members or associates of the "Mexican Posse" street gang. They are currently in ICE custody pending deportation proceedings. One gang member also faces possible federal prosecution as an illegal alien possession of a firearm.
Also arrested was a previously deported alien from the Dominican Republic. He has been charged in federal court with illegally re-entering the United States after having been deported, a felony punishable by up to 20 years in prison.

All 14 of those arrested have criminal histories that include arrests and convictions for a wide range of crimes committed in the United States. Some of their convictions include narcotics trafficking, criminal damage to property and theft.

"Violent street gangs account for a burgeoning amount of crime in our communities in the Midwest and across the country," said Gary Hartwig, special agent in charge of HSI Chicago. "ICE works in tandem with our local law enforcement partners to identify these gang members and remove them from the streets in the name of public safety."

This investigation was part of HSI's Operation Community Shield initiative. Under Operation Community Shield, HSI partners with existing federal, state and local anti-gang efforts to identify violent street gangs and develop intelligence on gang members and associates, gang criminal activities, and international movements to arrest, prosecute, imprison and/or deport transnational gang members. HSI's National Gang Unit's goal is to deter, disrupt and dismantle gang operations by tracing and seizing cash, weapons and other assets derived from criminal activities.

Since inception in 2005 to date, HSI special agents working in conjunction with federal, state and local law enforcement agencies nationwide have arrested more than 26,726 street gang members and associates. Almost 40 percent of those arrested had a violent criminal history. More than 340 of those arrested were gang leaders and more than 4,000 were MS-13 gang members or associates. Through this initiative nationally, HSI has seized 3,429 firearms. To date, of those arrested, more than 14,200 have been charged criminally, and nearly 12,500 have been charged with immigration violations and processed for removal.

MS-13 Gang Member Pleads Guilty to Illegal Reentry

A citizen and national of El Salvador and a member of the

MS-13 street

gang who was previously convicted of sexually assaulting a child in Fairfax County, Va., pleaded guilty Thursday, July 26, 2012, to illegally reentering the United States after having been previously deported.

The case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

According to court documents, Salvador Portillo, 30, illegally entered the United States and was removed by ICE Oct. 8, 2003. Thereafter, Portillo again illegally reentered the United States.

On Dec. 26, 2010, Portillo sexually assaulted an 8-year-old girl in Fairfax County. He was subsequently convicted of rape and sodomy in the Fairfax County Circuit Court and sentenced to 25 years in prison.

Portillo was indicted for illegal reentry Feb. 23 and transferred from state to federal custody July 12. He faces a maximum penalty of two years in federal prison when he is sentenced Aug. 31, which would follow the sentence term imposed by Fairfax County.

Virginia Assistant Attorney General and Special Assistant U.S. Attorney for the Eastern District of Virginia Marc Birnbaum are prosecuting the case on behalf of the United States.

Two Illegal Aliens Sentenced for Extensive Immigration and Document Fraud Operation

Two Mexican nationals residing in Baltimore were sentenced to prison for conspiring to operate a document mill in Baltimore and selling thousands of fraudulent government identification documents manufactured as part of the conspiracy.

"Document fraud poses a severe threat to national security and puts the security of our communities at risk because it creates a vulnerability that may enable terrorists, criminals and illegal aliens to gain entry to and remain in the United States," said U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Baltimore Special Agent in Charge William Winter. "This investigation resulted in the dismantlement of a document fraud criminal organization based out of Maryland and the arrest of its leaders. Homeland Security Investigations will move aggressively to investigate and bring to justice those who potentially compromise the integrity of America's legal immigration system."

Miguel Reyes-Ontiveros, 41, was sentenced by U.S. District Judge William D. Quarles Jr., July 19 to 57 months in prison followed by three years of supervised release. Adrian Badillo-Carrasco, aka "Rana," 36, was also sentenced by Judge Quarles July 17, to 33 months in prison followed by three years of supervised release. Both defendants are in the United States illegally and face deportation upon completing their sentence.

According to the plea agreements and other court documents, responsibility for manufacturing identity documents – including permanent resident cards and Social Security cards – rotated among various individuals. From June 2008 through May 2010, Ivan Altamirano-Perez, aka "Elmer," 32, and his brother, Roberto Morales-Perez, aka "Piza," 26, received the income from manufacturing the identity documents. Beginning in May 2010 and continuing until their arrests, the Perez brothers shared the territory and income with Miguel Reyes-Ontiveros (collectively, the operators). The location of the manufacturing operation changed frequently to avoid detection.

In addition to manufacturing the documents, the operators sold the documents themselves or helped collect orders from salesmen. The defendants used a group of at least 10 individuals, including Badillo-Carrasco, to sell and distribute the fake identity documents. The documents were offered for sale and distributed in and around the 200 block of South Broadway in Baltimore.

According to their plea agreements, Badillo-Carrasco and the other salesmen solicited individuals in the Broadway territory to purchase the fake identification documents, either in person or by distributing business cards. The salesman would negotiate a price with the buyer, usually between $130 and $160, and obtain a picture and the information which the buyer wanted on the identification card. The salesman would then call in the order to the operator who was working that week. The completed identity document would subsequently be provided to the salesman to be sold to the buyer.

The defendants manufactured and sold thousands of fraudulent identification documents for which they are alleged to have received approximately $1.68 million.

On Feb 15, a defendant in a related case, Victor Lopez Escamilla, was convicted by a jury of manufacturing and trafficking in counterfeit identity documents, Social Security cards, and immigration identity documents, and was sentenced to 97 months in prison.

All of the nine defendants involved in the conspiracy have pleaded guilty in this case, and the remaining seven defendants are awaiting sentencing. Each faces a maximum sentence of 15 years in prison for conspiracy to commit fraud and a maximum of 10 years in prison for fraud and misuse of immigration documents. In addition, the Perez brothers each face a maximum of five years in prison for Social Security fraud and Altamirano-Perez faces a maximum of 15 years in prison for identification document fraud. The defendants, all of whom are in the U.S. illegally, face deportation upon the completion of their sentences.

Anyone who has information on this type of fraud may contact ICE via its toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423).

The investigation was conducted by HSI Baltimore and the Social Security Administration, Office of Inspector General with the assistance of the U.S. State Department Diplomatic Security Service, Washington Field Office; the Maryland Motor Vehicle Administration, Investigation and Security Services Division and the Baltimore County Police Department.
The case is being prosecuted by Assistant U.S. Attorneys Tamera L. Fine and Judson T. Mihok.

Previously Removed Felon Deported Again to Honduras

A 30-year-old Honduran national, who recently served federal prison time for felony re-entry after deportation, was removed to his native country Wednesday, June 27, 2012, by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) officers.

Marcos Mejia-Rosales was repatriated to Honduras aboard a removal flight chartered by ICE's Air Operations Unit. Mejia-Rosales was discovered in the King County Jail in November 2010 by Seattle ERO officers assigned to the Criminal Alien Program (CAP). At that time, Mejia-Rosales was being held for solicitation to commit delivery of cocaine. He was later convicted of those charges and sentenced to nine months in jail. In addition to the drug offense, records checks revealed Mejia-Rosales had been previously deported four times and had a lengthy felony criminal record.

ERO presented his case to the U.S. Attorney's Office, which filed charges against Mejia-Rosales for felony re-entry after deportation. He pleaded guilty and was sentenced in November 2011 to 13 months in prison.

"As this case shows, there will be serious consequences for those who show no respect for our laws or our borders," said Bryan Wilcox, acting field office director for ERO Seattle. "By embedding ERO officers in local jails and using tools like Secure Communities, ICE is locating and deporting more criminal aliens than ever before and our communities are safer as a result."

Mejia-Rosales served his sentence for felony re-entry at the Federal Correctional Institution in Sheridan, Ore. ERO Portland officers took him into custody June 7 and transported him to the Northwest Detention Center in Tacoma, where he was detained until his deportation this week.

Through the 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 the CAP, these individuals may remain in prison or jail to complete criminal hearings or sentences. Under the 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.

El Salvadoran Authorities Take National Convicted of Homicide Back Into Custodt

An El Salvadoran national, who is wanted in his home country for aggravated homicide, was deported and turned over to El Salvadoran law enforcement officials Wednesday, May 30, 2012, by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Francisco Piche-Aguilar, 23, was deported via government charter flight May 30. An Interpol arrest warrant was issued for Piche-Aguilar Dec. 9, 2010, in connection with the stabbing death of a 37-year-old victim in February 2010.

Piche-Aguilar entered the United States July 17, 2010 on a temporary visitor's visa. He remained in the United States illegally after his visa expired. On July 18, 2011, Piche-Aguilar was encountered by Hoffman Estates (Ill.) police after they received a tip regarding a person wanted for murder. Local authorities contacted ICE Homeland Security Investigations (HSI) and Piche-Aguila was taken into ICE custody.

On Feb. 2, a federal immigration judge in Chicago ordered Piche-Aguilar deported. A subsequent appeal of the judge's decision was withdrawn by Piche-Aguilar April 17, and the removal order became final.

"This individual attempted to escape justice in El Salvador by seeking safe haven in the United States," said Ricardo Wong, ERO Chicago field office director. "On a daily basis, ICE protects public safety by arresting and removing international fugitives who pose a threat to our communities."

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.

As a result of these types of initiatives, for three years in a row, ICE has removed more aliens than were removed in fiscal year (FY) 2008. Overall, in FY 2011 ICE removed 396,906 individuals nationwide - the largest number in the agency's history. Of these, nearly 55 percent or 216,698 were convicted criminals - an 89 percent increase since FY 2008. This figure includes 1,119 aliens convicted of homicide, 5,849 aliens convicted of sexual offenses, 44,653 aliens convicted of drug-related crimes, and 35,927 aliens convicted of driving under the influence.

Sentencing for El Salvador National Convicted of Illegal Reentry and Violent Crime

A native of El Salvador was sentenced Friday, May 25, 2012, to 84 months in prison for illegally reentering the United States, following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Enforcement of Removal Operations (ERO).

Melvin Eraldo Ramirez, 30, pleaded guilty Feb. 23. He had been previously deported four times.

According to court records, Ramirez was convicted Sept. 13, 2001, for attempting to distribute cocaine. He was deported in 2003, and he illegally reentered the United States and was deported in 2005, 2007, and 2008. Ramirez has a lengthy and violent criminal history in the United States, including convictions for theft, abduction, malicious wounding, and assault and battery of a law enforcement official.

"In addition to his extensive criminal history, Mr. Ramirez repeatedly returned to the United States after being deported," said M. Yvonne Evans, acting field office director for ERO Washington, D.C. "This lengthy prison sentence helps send the message that reentering the United States after being formally deported is a serious crime, particularly when that person is a convicted felon."

Upon completion of his prison sentence, Ramirez will be deported to El Salvador, where he will be surrendered to authorities pursuant to an active arrest warrant in El Salvador accusing him of extortion.

Special Assistant U.S. Attorneys C. Alexandria Bogle and Brian D. Harrison are prosecuting this case on behalf of the United States.

Sentencing for Six Involved in Human Trafficking Ring

Six people were sentenced Thursday, May 24, for their roles in a conspiracy to harbor and transport illegal aliens, announced U.S. Attorney Kenneth Magidson, Southern District of Texas, and Robert Rutt, special agent in charge of U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Houston.

On May 24, the following co-conspirators were sentenced by Senior U.S. District Judge Janis Graham Jack: Petronilo Sanchez-Jimenez, 42, Norma Leticia Silva-Garcia, aka Norma Sanchez and Norma Rocha, 38, and Sandro Alvarez-Maldonado, 35, all from Edinburg, Texas; Oscar Garza-Perales, 28, from Wharton, Texas; and Tracy Howard, 47, and Christian Russo, 39, both from Houston.

Sanchez-Jimenez, who smuggled illegal aliens across the border and harbored them in stash houses located in the Rio Grande Valley, was sentenced to 87 months in prison. Silva-Garcia and Alvarez-Maldonado assisted Sanchez-Jimenez in harboring illegal aliens. Both received 67 and 51 months in prison, respectively. Howard and Russo, who began the smuggling operation by transporting aliens themselves, later recruited drivers for the organization. They were sentenced to respective sentences of 87 and 78 months in prison. Garza-Perales also recruited drivers and was sentenced to 71 months. The remaining 23 co-conspirators identified in this investigation are scheduled to be sentenced later this year.

The leader of the conspiracy — Armando Olmedo-Trevino, 47, of Wharton, Texas — is scheduled to be sentenced Nov. 16. According to his guilty plea, he and others engaged in a conspiracy to harbor and transport illegal aliens from Aug. 9, 2002, until his arrest Jan. 27. He began transporting aliens himself. He was caught transporting aliens on at least two occasions. Afterward, he became the leader, running the operation from his Wharton home.

With the exception of aliens smuggled across ranches in the Falfurrias, Texas, area, illegal aliens were picked up in the Edinburg area and transported north through a border patrol checkpoint in Falfurrias or Sarita, Texas. In most cases, no more than five illegal aliens were transported, hidden under blankets or luggage in between the seats of an SUV or minivan. However, in a few instances, illegal aliens were transported in other ways, such as in the trunk of a car. In June 2011, Olmedo and others modified a trailer with a false compartment that was intended to conceal up to 15 illegal aliens.

Over the course of the 10-year conspiracy, HSI special agents seized about 400 aliens being transported by the organization. The organization transported an estimated 40 aliens per month.

Assistant U.S. Attorneys Chad W. Cowan and Jeffrey D. Preston, Southern District of Texas, are prosecuting this case.

California Local Law Enforcement Removes Criminal Aliens

It was mid-afternoon when Mario Vidrio, an immigration enforcement agent assigned to the Escondido Police Department's Gang Task Force, responded to a call involving an unsafe lane change on one of Escondido, Calif.'s major thoroughfares. He didn't know that this traffic stop was going to help him take a dangerous criminal off the streets of southern California.

When Vidrio arrived at the scene, the subject did not have any identification, and when questioned, stated that he was a citizen of Mexico who was illegally in the United States. Vidrio immediately began conducting record checks, but several of them returned negative results. It wasn't until Vidrio transported the individual to back to the Escondido Police Department and ran his fingerprints against a series of databases that he received a positive result. The San Diego County Sheriff's Department had issued a $600,000 felony warrant for the arrest of this individual. He was charged with child molestation and had previously been deported.

This scenario is not unique. ICE's partnerships with local law enforcement agencies in northern San Diego Country have resulted in the arrest of more than 1,000 criminal aliens and immigration violators over the last two years.

The majority of these arrests occurred in Escondido, where nearly 800 individuals have been taken into custody since ICE and the Escondido Police Department launched Operation Joint Effort in May 2010. Operation Joint Effort helps the two agencies leverage resources to identify and arrest criminal aliens, fugitive aliens and aliens who have illegally returned to the United States after having been removed.

Robin Baker, field office director for the Enforcement and Removal Operations office in San Diego, is proud of the 1,000 arrests, but knows there is more work to do.

"This milestone clearly shows that our collaborative efforts with local law enforcement to improve public safety are having an impact," he said. "These partnerships have increased the number of potentially dangerous deportable criminals being removed from our communities and ultimately from our country."

Fresno Illegal Alien and Gang Member Pleads Guilty to Firearm Possession

A Fresno man with ties to a local street gang has pleaded guilty to charges of being an illegal alien in possession of a firearm.

Hector Gonzalez, 19, appeared in court to answer to the charge stemming from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Fresno Police Department.

According to court documents, on Dec. 10, 2011, Gonzalez was a passenger in a car that was the subject of a traffic stop by the Fresno Police Department. An officer discovered a .22-caliber gun on Gonzalez during a pat-down search. Gonzalez admitted that he was born in Guadalajara, Mexico, and had not pursued citizenship in the United States. Gonzalez also admitted he has been affiliated with the East Side Bulldogs since he was 15 years old.

"For criminal street gangs, weapons are the tools of the trade. Taking gang members and their guns off the street makes our community safer," said Clark Settles, the special agent in charge who oversees HSI Fresno. "Homeland Security Investigations will continue to work closely with its federal, state and local law enforcement partners to disarm and dismantle these organizations that are spreading crime and violence through our neighborhoods."

"ATF is committed to preventing violent crime and pursuing criminals who unlawfully possess firearms and are members of a gang," said Stephen C. Herkins, special agent in charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives. "Too often, guns and gangs are a deadly combination."

Gonzalez is scheduled to be sentenced by U.S. District Judge Lawrence J. O'Neill July 9. He faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. Assistant U.S. Attorney Kimberly Sanchez is prosecuting the case.