Monday, September 30, 2019

Tampa, Florida H1-B visa employer to use E-Verify

A Tampa, Florida based Information Technology staffing and solutions firm was recognized by the Department of Homeland Security Investigations (HSI) for their commitment to maintain a legal workforce and curtail the employment of unauthorized workers through education and training.

According to a news release from U.S. Immigration Customs and Enforcement, SRI Tech Solutions, Inc has been recognized by Homeland Security Investigation’s (HSI) employment compliance program called IMAGE at a recent ceremony.



  • The Departments IMAGE certification program, which stands for ICE Mutual Agreement between Government and Employers, requires companies to perform four requirements:
  • Complete the IMAGE Self-Assessment Questionnaire (application)
  • Enroll in the E-Verify program within 60 days
  • Establish a written hiring and employment eligibility verification policy that includes internal Form I-9 audits at least once per year, and
  • Submit for a Form I-9 inspection



The ICE news release noted SRI Tech Solutions, Inc. headquartered in Tampa, Florida, has additional offices in Sterling, Virginia, and Waltair Ward, Visakhapatnam, India.  SRI Tech Solutions, Inc. currently has over 80 employees.
"The Department of Homeland Security (DHS) E-Verify employment eligibility verification program enables employers to 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."


Monday, September 23, 2019

Florida Fish & Wildlife cooperate with ICE, take four illegal aliens into custody

A missing Collier County child found alive and four illegal aliens taken into ICE custody were among two accomplishments of a multi-agency operation in Okaloosa County targeting the illegal harvest of Saw Palmetto Berries, U.S. Immigration and Customs Enforcement reported today.

According to a press release dated September 23 U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Miami, Tallahassee sub-office’s, Mobile Criminal Alien Team (MCAT) supported the Florida Fish and Wildlife Conservation Commission’s (FWC) Operation Na-Palm.
"The purpose of Operation Na-Palm was to target the illegal harvest of Saw Palmetto Berries, specifically on Point Washington Wildlife Management Area, Deer Lake, Grayton, and Topsail Hill State Parks, as well as any private lands where written landowner permission is not granted. Eglin Airforce Base Reservation leases 6,000 acres to legal harvesters for a total cost of $300,000 dollars a year in permit fees. Due to the recent spike in illegal berry harvest activity, a large amount of undocumented immigrants have been encountered in violation of harvesting these state protected berries.
During the operation, FWC partnered with various agencies, including ERO officers, one Department of Agriculture investigator, nine Eglin range patrol officers, and one Okaloosa County K-9 deputy, in the efforts to target the illegal harvest of Saw Palmetto Berries on state and federally-owned land. 
Some of the accomplishments of the Sept. 12-13 operation include: 
  • One missing child from Collier Co. Florida was found and turned over to Florida Department of Children and Families.
  • Nine arrests were made (four of them were illegal immigrants taken into ICE custody, one of which had a criminal history, prior removal and processed for prosecution)."

Read the rest here. 

Document: government investigating Abdul Alani's connection, to terrorist organizations


A document on file with a federal court in Miami reveals the multitude of reasons why a judge in Miami, Florida denied bail and ordered former American Airlines mechanic Abdul-Majeed Marouf Ahmed Alani detained pending trial. 

Court papers reveal American Airlines terminated Alani's employment and that Alani moved out of the shared rental apartment where he lived for the past eight years, facts demonstrative of Alani and his family not only lacking sufficient income but lacking sufficient ties to the Miami area. Through counsel Alani proposed that if let out on bond, he would live with a brother-in-law in Orlando.

Court records validate earlier news reports that Alani was less than candid with Pre Trial Services, failing to disclose to a PTS officer of his travel to Iraq earlier this year. This led the court to doubt whether Alani would faithfully follow the requirements of a bond. 

Furthermore, court documents available to the public make known the message and content of a video Alani forwarded to a second individual:

"The government is engaged in an ongoing investigation of the Defendant's connection, if any, to ISIS or other terrorist organizations. Law enforcement inspected defendant's personal phone and learned that he had downloaded and retained a violent propaganda video by the terrorist group ISIS, and then forwarded that video to another person with a message espousing the wish that Allah cause harm to non-Muslims." 

As is often standard procedure for County Examiner, we publish the key portions of public documents so you can draw your own conclusions about the credibility of Alani's initial claims he disrupted airline operations to get overtime as a result of stalled contract negotiations between the airline and the mechanics union. 




 

Wednesday, September 18, 2019

Magistrate Judge imposes pre-trial detention on American Airlines mechanic determined to be flight risk

Earlier today the Associated Press reported the American Airlines mechanic charged with sabotaging an airplane in July 2019 was denied bail and is subject to pre-trial detention on the grounds he is a flight risk and a danger to the community at large.


Although County Examiner cannot independently confirm the AP reports at this time, they also report prosecutors presented evidence that Abdul-Majeed Marouf Ahmed Alani
has a brother in Iraq who may be involved with the Islamic State extremist group and other disconcerting details.
The new evidence presented by prosecutors includes that Alani has a brother in Iraq who may be involved with the Islamic State extremist group as well as statements Alani made about wishing Allah would use “divine powers” to harm non-Muslims.  
Alani, 60, also recently sent a $700 wire transfer to someone in Iraq — where he has extended family — and had videos on his cellphone depicting Islamic State mass murders he shared with others, prosecutors said. In addition, the new evidence shows Alani traveled to Iraq in March but did not disclose that to authorities after his arrest.  
“You may be very sympathetic to terrorists,” Judge McAliley told Alani at the hearing. “That’s very disconcerting.

County Examiner also notes the most recent court filings reveal that at the advice of defense counsel, Alani dropped the use of an Arabic interpreter, although one remains on "standby". 









































On September 9th we reported on the Federal Aviation Administration requirements for a US Citizen who seeks to obtain a mechanics certificate ----which include the ability to read, write, speak and understand English.


Saturday, September 14, 2019

Illegal alien arrested in Collier County hit and run

An illegal alien was arrested for misdemeanor hit and run and felony grand theft auto in Collier County, Florida after receiving notification that a Lee County (Florida) Sheriff Deputy was following a suspect that had reportedly stolen a boat in adjacent Lee County.

Breitel Bejerano Perez, 34, crossed from Lee County into nearby Collier County along State Road 82 at approximately 10:18 a.m. on September 10. According to law enforcement records, the Lee County deputy activated his patrol car emergency lights as if to conduct a traffic stop. The suspect appeared to comply by pulling his vehicle over to the side of the road. However, in an effort to escape the suspect accelerated quickly and with boat in tow, spun out and into the grassy shoulder.

The suspect jumped out of the vehicle and unsuccessfully attempted to disengage the trailer and boat  from the 2005 GMC Yukon he was driving. After climbing back into the Yukon, he pulled onto State Road 82 and later crashed into the Lee County Sheriff Office vehicle near State Road 29. Law enforcement records further note the impact of the crash resulted in the boat/ trailer becoming unhitched from the vehicle.

With the suspect still behind the wheel and upon accelerating to speeds in excess of 90 MPH, both LCSO and CCSO deputies pursued the vehicle. A subsequent tire blow out caused the Yukon to slow, eventually crashing a second time into a civilian vehicle. In an attempt to evade arrest the suspect jumped out of the Yukon and fled on foot into a nearby Wendy's restaurant, where he was eventually captured.

Deputies discovered the suspect was a convicted felon and had a suspended driver license with a habitual traffic offender status. Bejerano-Perez will be arraigned on October 7. 

Law enforcement records reveal there is an ICE detainer on Bejerano-Perez. 

Friday, September 13, 2019

Luxury autos and $360,000 watch: owner of South Florida health care facility gets 20 years for robbing Medicare, Medicaid

The owner of a network of South Florida assisted living and skilled nursing facilities was sentenced Thursday to 20 years in prison after being found guilty in what the U.S. Justice Department described as the largest  health care fraud scheme charged by the DOJ. 
The decades-long scheme of 50 year old Miami Beach resident Philip Esformes  involved kickbacks and money laundering in connection with fraudulent claims to Medicare and Medicaid for services deemed medically unnecessary.
According to the DOJ Office of Public Affairs press release, Esformes bribed an employee of a Florida state regulator thereby concealing the sub-par living conditions of patients.
According to the evidence presented at trial, between January 1998 and July 2016, Esformes led an extensive health care fraud conspiracy involving a network of assisted living facilities and skilled nursing facilities he owned.  Esformes bribed physicians to admit patients into his facilities.  Then, he cycled the patients through his facilities where they often failed to receive appropriate medical services or received medically unnecessary services billed to Medicare and Medicaid.  Several witnesses testified to the poor conditions in the facilities and the inadequate care patients receive. 
Esformes concealed the poor conditions and scheme from authorities by bribing an employee of a Florida state regulator for advance notice of surprise inspections scheduled to take place at his facilities.  The evidence further showed Esformes used his criminal proceeds to make a series of extravagant purchases, including luxury automobiles and a $360,000 watch.  
Esformes also used criminal proceeds to bribe the basketball coach at the University of Pennsylvania in exchange for his assistance in gaining admission for his son into the university. 
Read the rest here. 

Thursday, September 12, 2019

On 9/11 anniversary, Feds announce conviction, apprehension involving smuggling of illegal Chinese nationals

President Trump was right to start the battle against human trafficking almost immediately upon assuming office. He signed an executive order in February 2017 targeting transnational criminal organizations that threaten the safety & sovereignty of the United States and American citizens.

And his administration was right just a month earlier when news broke his administration declared China among the worst human trafficking offenders

Yesterday, on the 18th anniversary of the 9/11 attacks and the 7th anniversary of the Benghazi attacks, the U.S. Attorneys Office, Southern District of Texas and Customs & Border Protection separately announced a conviction and an apprehension involving the smuggling of illegal Chinese nationals into the country.

CORPUS CHRISTI, TexasA federal jury has convicted a 49-year-old legal permanent resident from Donna for knowingly and intentionally conspiring to unlawfully transporting undocumented illegal aliens, announced U.S. Attorney Ryan K. Patrick. The jury deliberated for approximately one hour before convicting Federico Espinosa-Flores following a two-day trial. 
During trial the jury heard that on Dec. 21, 2018, authorities arrested Federico Espinosa-Flores at the Border Patrol Checkpoint in Sarita. 
At approximately 7:40 A.M., Espinosa-Flores drove a white Ford cargo van disguised as an adult daycare business and entered the primary inspection lane. At that time, authorities noticed him exhibiting signs of nervousness, such as avoiding eye contact and having trembling hands. Espinosa-Flores consented to a search of which resulted in the discovery of 10 undocumented aliens in the rear cargo area of the vehicle. Six were Chinese nationals.."
MARFA, Texas - U.S. Border Patrol agents arrest 10 citizens of China illegally present in United States.  
"Big Bend Sector Deputy Chief Patrol Agent Mathew J Roggow said, “The communities in Big Bend Sector are home to some of the finest people I have come to know.  I am extremely proud of our agents commitment to keeping them safe.  Today was a prime example of the unity of effort that we have with our fellow state and local law enforcement agencies.  These arrest would not have been possible without the assistance of the Marfa Police Department, Texas Department of Public Safety, Texas Game Wardens, and the diligent efforts of the Presidio and Brewster County Sheriff’s Office."

Agents apprehend illegal aliens.
Agents apprehend illegal aliens.

On September 10, Border Patrol Agents assigned to the Marfa Border Patrol Station and Big Bend Sector responded to a call for assistance from a Presidio County Sheriff’s Office Deputy (PCSO) attempting to conduct a vehicle stop on a white GMC pickup truck.  The vehicle failed to yield to the PCSO deputy.  Border Patrol Agents along with other state and local partners responded to assist in searching for the vehicle.  During a search for the vehicle, agents located a subject near the Marfa cemetery. 

Shortly after locating the subject near the cemetery, agents located foot sign and followed it to an abandoned shack located at the Marfa cemetery.  Agents found ten subjects, all citizens of China illegally present in the United States, hiding in the shack.  The subjects were arrested and taken to the Marfa Border Patrol Station for processing."




Tuesday, September 10, 2019

President Trump Announces XO Protecting The Nation by Modernizing and Expanding Sanctions to Combat Terrorism

Less than one hour ago and in advance of the 18th anniversary of the 9/11 attacks tomorrow the following was released by The White House Press Office. 

Office of the Press Secretary

PRESIDENT DONALD J. TRUMP IS PROTECTING THE NATION BY MODERNIZING AND EXPANDING SANCTIONS TO COMBAT TERRORISM
 

“We must deny the terrorists safe haven, transit, funding, and any form of support for their vile and sinister ideology.” – President Donald J. Trump

 

MODERNIZING SANCTIONS: President Donald J. Trump is taking steps to expand and enhance the ability of the United States to sanction terrorists and those who finance them worldwide.

  • Today, President Trump announced an Executive Order that modernizes our counterterrorism sanctions to better combat terrorists, their finances, and their facilitators.
  • This order significantly improves our ability to sanction supporters of terrorism and deprive them of financial, material, and logistical support.
    • The Departments of State and the Treasury are now able to more swiftly target leaders or officials of terrorist groups and their proxies.
    • Additionally, the Treasury can now sanction correspondent or payable-through accounts of foreign financial institutions who knowingly provide support to terrorists.
  • This is the most significant expansion of our counterterrorism sanctions authorities since the aftermath of 9/11.
  • Alongside the Order, the Trump Administration announced sanctions on 28 terrorist leaders, financiers, and affiliated companies associated with multiple terrorist organizations.
COMBATING TERROR WORLDWIDE: The Trump Administration is bolstering our capabilities and efforts to defend against and combat terrorism worldwide.
  • The Administration has aggressively used counterterrorism sanctions authorities to disrupt terrorist finances by targeting more than 400 individuals and entities worldwide.
    • Since 2017, the Trump Administration sanctioned more than 40 Hizballah and 50 al-Qa’ida and ISIS affiliated individuals and entities.
  • One-hundred percent of ISIS-held territory in Syria and Iraq has been freed from the terror group’s malevolent rule.
  • The Administration has taken the fight to al-Qa’ida, aggressively targeting the group’s leadership and countering their vile activities around the globe.
  • President Trump’s maximum pressure campaign against Iran is greatly reducing the radical regime’s access to funds it uses to spread terror and incite destruction.
    • New sanctions have significantly curtailed funding to Iran’s Islamic Revolutionary Guard Corps, its Qods Force, and its proxies including Hizballah and HAMAS.
PROTECTING THE HOMELAND: The Trump Administration is committed to ensuring that America is secure and its citizens always remain safe from the threat of global terrorism.
  • This latest Executive Order is another example of President Trump’s unwavering commitment to protect the United States from terror.
  • Last October, President Trump released a new National Strategy for Counterterrorism, the first robust and fully articulated strategy on counterterrorism since 2011.
  • At President Trump’s urging, North Atlantic Treaty Organization members agreed to strengthen the alliance’s counterterrorism authorities and capabilities.
  • After years of neglect, President Trump is strengthening our Nation’s defenses by rebuilding our military and strengthening our defensive capabilities.
  • The President is securing our borders to defend against terrorists who seek to enter our country and threaten our communities.

Current, former federal employees indicted: used private email, failed to disclose conflicts of interest

There's news out of the Justice Department, U.S. Attorney's Office about two federal employees; one current and one former alleged to have communicated in the line of their government duties using private email and personal cell phones. It's further alleged the former federal employee failed to disclose a personal conflict of interest while applying for employment with a government contractor.

The Justice Department announced their arrest and indictment on 15 federal charges today (emphasis mine):

San Juan, Puerto Rico:
Ahsha Nateef Tribble, a FEMA Region II, Deputy Regional Administrator; Donald Keith Ellison, former President of Cobra Acquisitions, LLC; and Jovanda R. Patterson, a.k.a. “Jo/Jojo,” former FEMA Deputy Chief of Staff, have been indicted and arrested on charges of: conspiracy to commit bribery of public officials; acts affecting a personal financial interest; false statements; disaster fraud; honest services wire fraud, Travel Act violations, and wire fraud, announced U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico. The Department of Homeland Security (DHS), Office of Inspector General (OIG), conducted the investigation with support from the Federal Bureau of Investigation."
The indictment alleges that the defendants used Tribble’s positions in FEMA to benefit and enrich themselves and defraud the United States. Following the passage of Hurricane María over Puerto Rico on September 20, 2017, Ahsha Nateef Tribble, Donald Keith Ellison, and Jovanda R. Patterson came to Puerto Rico as part of the recovery and restoration of Puerto Rico’s electric power grid. In Tribble’s position as Sector Lead and Deputy Director, she reported directly to the Federal Coordinating Officer and was FEMA’s primary leader as to the restoration of electric power on the island. "
Count 1 of the Indictment charges Tribble and Ellison with a conspiracy to commit bribery in violation of 18 U.S.C. § 371 based on soliciting and giving things of value to Tribble in order to influence Tribble’s performance of official acts as a FEMA employee. To further the conspiracy, Tribble and Ellison communicated using private email accounts, private cellular telephones, including a disposable prepaid cellular number, Apple iMessage, and SMS texts rather than FEMA issued email accounts or cellular telephones."

Read the rest here

Monday, September 9, 2019

Controversy emerging over Abdul-Majeed Marouf Ahmed Alani's proficiency with English

A controversy is emerging about the English proficiency of the American Airlines mechanic charged in federal court Friday with willfully damaging or disabling a plane. 

Court documents reviewed by County Examiner and a report by the Associated Press reveal Chief Magistrate Judge John J. O'Sullivan allowed Alani to speak in court through an Arabic interpreter, however in the same AP news account, according to American Airlines, Alani is proficient in English and became a U.S. citizen in 1992.

Miami (AP) (emphasis mine)
"Alani, who was born in Iraq and became a U.S. citizen in 1992,  
In Miami on Friday, Alani wore shackles and tan jail clothes as he spoke to Magistrate Judge John O’Sullivan through an Arabic interpreter. Mostly, he answered basic questions about his assets and whether he could afford a lawyer. The judge appointed a public defender and scheduled a bond hearing for next Wednesday and an arraignment hearing on Sept. 20.

According to American, Alani is proficient in English."
According to the Federal Aviation Administration, the requirements a US Citizen must meet to obtain a mechanics certificate include the ability to read, write, speak and understand English:


















Here's a copy of the minute order on file with the Southern District of Florida reflecting the 
use of an Arabic interpreter at Friday's hearing:

























Let me be clear. This blog post should in no way be interpreted as an assertion of wrong doing on anyone's part. The issue of Alani's English language proficiency is a serious and significant question involving airport, aircraft security which must be asked and answered. 




Friday, September 6, 2019

Mexican men claiming to be children caught by Customs and Border Protection

A pregnant woman and two men falsely claiming to be children were among the 13 foreign nationals caught and detained by U.S. Customs and Border Protection in separate incidents this past week, announced CBP.

According to a news release found here on Tuesday September 3, one of two subjects apprehended in Yuma, AZ initially claimed to be a 17-year-old Guatemalan national, but agents discovered he was actually a 24-year-old Mexican national.
The second subject initially claimed to be a 17-year-old Guatemalan national, but agents discovered he was actually a 24-year-old Mexican national.
The man reported to agents a human smuggler told him to make the fraudulent claim. He was advised representing himself as an unaccompanied child from Guatemala would ensure his release into the United Stated by law enforcement. Both subjects were processed for immigration violations."
On Wednesday September 4 CBP agents located two illegal aliens, one of whom claimed to be 17 years old but later revealed to be 24 years old. 
"Yuma Station agents located two subjects west of Avenue B and near County 24th Street. One subject was unconscious and apparently suffering from heat exhaustion. The second subject, also suffering from heat exhaustion, initially claimed to be a 17-year-old juvenile, but through an investigation was determined to be a 24-year-old Mexican national. They were transported to Yuma Regional Medical Center by ambulance and treated before released to agents. Both subjects were processed for immigration violations."
Here's the kicker:

"The two 24-year-old men from Mexico in the above incidents were later found to be brothers who were traveling separately.  

Criminal complaint against Miami man arrested for sabotage of American Airlines plane


Today, Friday September 6th County Examiner awakened to news of the arrest of an American Airlines employee at Miami International Airport for the willful damaging, destroying, disabling or wrecking of an aircraft. 

Unlike the media who simply refuse to publish or link to court documents, County Examiner uploaded a copy of the criminal complaint here so you can read it yourself.

My hubby was on duty as an air traffic controller on 9/11 and with thousands of ATC's and FAA employees across the United States and Canada facilitated the landing of all domestic and inbound international aircraft without incident on that fateful day.

We take ANY news of aircraft, airport sabotage seriously.


Analysis to follow.

Update:

1. As you read the complaint, one of the first things you'll notice is the use of airport surveillance video to identify American Airlines mechanic Abdul-Majeed Marouf Ahmed Alani

2. Alani claimed he tampered with the aircraft hoping to cause a delay or flight cancellation so he could get overtime work and pay, as he was upset about a financial impact on him due to stalled union negotiations.

4x deported illegal alien found in West Virginia jail, faces prison time, deportation

The United States Attorney's Office in the Southern District of West Virginia announced Wednesday that an illegal alien from Mexico plead guilty to the felony offense of Reentry of a Removed Alien.

According to the press release announced by United States Attorney Mike Stuart, the Mexican national found not lawfully present in the United States was deported from the U.S. on four prior occasions; in 2008, 2009, 2010, and 2012. 

"On June 17, 2019, Camarena-Jacinto was found in the South Central Regional Jail  located in Charleston, West Virginia by members of ICE after he was arrested by Ripley police officers for the state offense of obstruction.  ICE agents traveled to the jail to confirm his legal status.  The defendant admitted to agents that he was in the United States illegally.  Camarena-Jacinto  was arrested and ICE agents matched his fingerprints to previous removals from the United States.  ICE agents further spoke to the defendant to confirm his identity. Camarena-Jacinto again admitted being in the United States illegally.  Camarena-Jacinto had no identification documents permitting him legal status in the United States."
News of securing the guilty plea comes on the heels of a controversy in nearby Huntington, West Virginia and a grant deal where some community members do not want local law enforcement officers working with Immigration and Customs Enforcement.

From the Herald-Dispatch:
HUNTINGTON — What is normally a routine request for federal grant money has turned into a point of controversy for Huntington City Council.
For at least the past decade, the city has applied and received money for the Huntington Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The program is used to pay for officers performing drug interdiction patrols and for community education programs.
However, new language added to the grant application this year has some people questioning whether accepting it will open the city up to illegal immigration raids conducted by the U.S. Immigration and Customs Enforcement (ICE) Agency.
City officials said the grant's wording is merely a promise to comply with all federal laws, and the grant itself has nothing to do with immigration or ICE.
Still, a group of people are asking the city not to follow through with the grant application and to take measures to prevent local officers from working with ICE agents.



Thursday, September 5, 2019

Feds announce guilty verdict for Katy resident, secure guilty plea from Sugar Land resident for illegal opioid prescriptions

The United States Department of Justice, Office of Public Affairs announced on Wednesday a federal jury found a Katy, Texas man guilty of posing as a physician at an unregistered pain clinic who conspired with others to illegally prescribe hundreds of thousands of doses of opioids and other controlled substances.

According to a press release Muhammad Arif, 61, of Katy, Texas, was found guilty of one count of conspiracy to unlawfully distribute and dispense controlled substances and three counts of unlawfully distributing and dispensing controlled substances.  Arif is expected to be sentenced on a date not yet determined by U.S. District Judge Alfred H. Bennett of the Southern District of Texas, who presided over the trial.
According to the evidence presented at trial, from September 2015 through February 2016, Arif conspired with a doctor and with the owner of Aster Medical Clinic of Rosenberg, Texas, which operated as an illegal pill mill, to unlawfully prescribe controlled substances to patients.  The evidence showed that Arif was not licensed to practice medicine in the United States, but posed as a physician at Aster Medical Clinic, saw patients as if he were a physician and wrote prescriptions for patients on prescription pads that had been pre-signed by the doctor, Arif’s co-conspirator.  
To date, two co-conspirators have pleaded guilty based on their roles in the unlawful prescription scheme at Aster Medical Clinic.  Baker Niazi, 48, of Sugar Land, Texas, and Waleed Khan, 47, of Parker, Texas, are currently awaiting sentencing before U.S. District Judge Alfred H. Bennett of the Southern District of Texas.
The announcement comes only a few days after Immigration and Customs Enforcement / Homeland Security Investigations awarded a $3 million + contract to Marshall University to combat the opioid crisis in the US.



Houston businessman sentenced in H2-B foreign worker visa scam

The United States Attorney's office in the Southern District of Texas announced on Wednesday that a Houston businessman was sentenced in federal court on six counts of making false statements and false representations made on government forms to procure foreign workers under the H2-B visa program they did not need.
According to the press release a 45 -year old Houston man named Marco Pesquera pleaded guilty to conspiracy to commit visa fraud Jan. 3, 2019 and on September 4 was sentenced  to 38 months in prison to be immediately followed by three years of supervised release. He was further ordered to forfeit $5 million in a money judgment and his Houston residence.
Three other individuals; Norma Linda Vega, 46 of Houston, Saul Atkinson, 47, of Brownsville, and Gwendolyn Saldivar, 41, of Snellville, Georgia were also charged and have pleaded guilty.
At the time of plea, Pesquera admitted that from approximately 2011 to January of 2018, he and his co-conspirators utilized legitimate and fictitious companies to petition for H-2B visas. Pesquera recruited and paid individuals to petition for visa workers they did not need and then utilized the foreign workers to fulfill labor contracts. 
“Pesquera and his co-conspirators defrauded the DOL’s H-2B program by filing false documentation to obtain visas for more than 1000 foreign workers to work in the U.S illegally,” said Grell. “We will continue to work with our law enforcement partners to vigorously pursue those who defraud worker visa programs for their own personal gain.”
Pesquera’s business, Pangea Enterprises Inc., contracted with large industries to provide labor and profited by paying foreign workers an hourly wage well below the contract rate.
Pesquera and his co-defendants utilized false documents that included contracts, tax forms, web sites and fictitious phone numbers and business addresses to facilitate the fraud. 
Pesquera also admitted to obstructing the investigation by creating false documents in response to a federal subpoena.

These sentences come a few weeks after the U.S. Department of Labor announced a California -based employer and their H-2B visa agent in Texas paid back wages stemming from violations of the H2-B visa program and the Fair Labor Standards Act (FLSA)


Wednesday, September 4, 2019

Background check failed to prevent deaths of three Chinese migrants

On September 3rd the U.S. Department of Justice announced the arraignment in federal court of a U.S. citizen from El Paso, Texas, now residing in Tijuana, Mexico in connection with the deaths of three Chinese migrants, including a mother and her 15-year-old son, who were found in the trunk of Valera’s BMW two days after he crossed into the United States through the San Ysidro Port of Entry in the same car.

As you read the press release and news summary, consider the requirements necessary for Valera's approval for entry through the SENTRI program: a rigorous background check and in-person interview before enrollment.

From the U.S. Attorney's Office, Southern District of California:

SAN DIEGONeil Edwin Valera, a U.S. citizen who resides in Tijuana, was arraigned in federal court today in connection with the deaths of three Chinese migrants, including a mother and her 15-year-old son, who were found in the trunk of Valera’s BMW two days after he crossed into the United States through the San Ysidro Port of Entry in the same car.
Valera, a truck driver from El Paso, Texas, was taken into custody at the downtown bus station on Saturday. He was charged via complaint with Encouraging Aliens to Enter Resulting in Death and Bringing in Aliens without Presentation for Financial Gain.
On August 11, 2019, at 4:54 p.m., San Diego police received an emergency 911 call from a person reporting a foul odor and blood dripping from a suspicious vehicle with Texas license plates parked near the 2100 block of Jaime Avenue in San Diego.
San Diego police officers discovered a 1999 silver BMW with a Texas license plate. The officers lifted the trunk and found what initially appeared to be two deceased Asian females. Homicide detectives found an additional victim, an Asian male, pressed up against the rear wall of the trunk. A witness said the car was first noticed two days earlier and no one was seen coming or going.
Video recordings show the same car crossing into the United States from Mexico on August 9, 2019, at the San Ysidro port of entry at 3:14 p.m. According to the complaint, the driver was Valera, the registered owner of the vehicle. Valera used his Sentri card to enter into the U.S. After that day, Valera only crossed into the United States on foot, through pedestrian lanes at the San Ysidro Port of Entry...
NOTE: You may not be eligible for participation in the SENTRI program if you:

  • Provide false or incomplete information on the application;
  • Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants (to include driving under the influence);
  • Have been found in violation of any customs, immigration or agriculture regulations or laws in any country;
  • Are the subject of an ongoing investigation by any federal, state or local law enforcement agency;
  • Are inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation; or
  • Cannot satisfy CBP of your low risk status.

Read the rest here.

Customs and Border Protection and their busy Labor Day weekend supporting the sovereignty of the United States

U.S. Customs and Border Protection had a busy Labor Day weekend supporting the sovereignty of the United States, including the arrest and detention of individuals alleged to have smuggled illegal aliens, a suspect in a felony kidnapping case, attempted to enter under false pretenses or had outstanding arrest warrants.

  • On September 3rd in Carrizo Springs, Texas U.S. Border Patrol agents announced the arrest of a US citizen and a legally admitted permanent resident for attempting to smuggle two illegal aliens in the truck of their vehicle on August 29. The driver and passenger were arrested under 8 USC 1324 alien smuggling which carries a maximum sentence of up to 10 years in prison.
  • On September 3rd in Presido, Texas U.S. U.S. Customs and Border Protection agents announced the apprehension of a woman who was sought in Harlingen on three counts of felony kidnapping after Child Protective Services filed a kidnapping report. CBP officers took her into custody without incident and turned her over to Presidio Police Department officers. CPS officials took custody of the children.
  • And on August 30th in Laredo, Texas CBP announced their collaboration with Mexican authorities in the detection and apprehension of an individual with outstanding warrants for homicide, assault, and DUI out of the Dallas Police Department and the Dallas County Sheriffs Office.