MAN PLEADS GUILTY TO FALSIFYING EMPLOYMENT CERTIFICATIONS TO ALLOW IMMIGRANTS INTO U.S.

FROM:  U.S.  JUSTICE DEPARTMENT  

Thursday, September 4, 2014

New Jersey Man Pleads Guilty to Operating Fraudulent Visa and Payroll Scheme to Facilitate Illegal Immigration

A New Jersey man pleaded guilty today to orchestrating an eight-year scheme to falsify employment certifications to facilitate the illegal entry of Indian immigrants into the United States and to filing a false tax return.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Paul J. Fishman of the District of New Jersey, Chief Richard Weber of Internal Revenue Service – Criminal Investigation (IRS-CI) and Director Bill A. Miller of the State Department’s Diplomatic Security Service (DSS) made the announcement.

Sandipkumar Patel, 41, of Edison, New Jersey, pleaded guilty before U.S. District Judge William H. Walls of the District of New Jersey to conspiring to defraud the United States and to filing a false federal income tax return.  Sentencing is scheduled for Jan. 6, 2015.

According to court documents filed with the plea agreement, from 2001 until 2009, Patel sponsored the visa applications of Indian nationals by falsely claiming to provide employment for them in the United States.   Patel falsely certified on the visa applications that he would employ the immigrants in various technical fields at several New Jersey companies, thereby facilitating their illegal entry into the United States.   Over the course of the scheme, immigrants paid Patel thousands of dollars for the false certifications to fraudulently secure the visas.   To disguise the scheme, Patel issued payroll checks and other payroll forms.   Patel required the immigrants to return the money from the checks and also to reimburse him for his payroll tax expenses.   Patel used the fraudulent pay stubs and payroll checks to support false applications to extend the visas, and Patel charged the immigrants fees for the visa extensions.

As a result of falsely carrying the immigrant employees on his payrolls, Patel overstated his payroll expenses on his federal income tax returns by more than $1.4 million over four years, under-reporting his tax obligation by over $400,000 for those years.  

This case was investigated by the IRS-CI and DSS.   The case is being prosecuted by Senior Trial Attorneys Hope S. Olds and William H. Kenety of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Danielle M. Corcione of the District of New Jersey, with assistance from the Criminal Division’s Asset Forfeiture and Money Laundering Section.

U.S.-CANADA VISA AND IMMIGRATION INFORMAITON-SHARING AGREEMENT

 

Peggys Point Lighthouse in Peggys Cove, Nova Scotia is a very popular tourist
site operated by the Canadian Coast Guard. The lighthouse, the second one on
this site, was built in 1914 and is 15 m (50 ft) tall.  Credit:  CIA World Factbook.

FROM: U.S. STATE DEPARTMENT

Media Note
Office of the Spokesperson
Washington, DC
December 14, 2012　

U.S. Ambassador to Canada David Jacobson and the Canadian Minister of Citizenship, Immigration and Multiculturalism Jason Kenney signed a U.S.-Canada Visa and Immigration Information-Sharing Agreement on December 13, 2012.

This agreement will enable Canada and the United States to share information from third country nationals who apply for a visa or permit to travel to either country. This will better protect the safety and security of Americans and Canadians and facilitate legitimate travel and business. Increased information sharing will support better decision-making by both countries to confirm applicants’ identities, and identify risks and inadmissible persons at the earliest opportunity. It will increase safety and security, as both countries work to identify terrorists, violent criminals, and others who pose a risk before they reach our borders. All officers working on immigration and refugee protection will be equipped with more information to make decisions. This will better protect the safety and security of Americans and Canadians alike and further facilitate legitimate travel.

The agreement authorizes development of arrangements under which the United States may send an automated request for data to Canada, such as when a third country national applies to the United States for a visa or claims asylum. Such a request would contain limited information, such as name and date of birth in the case of biographic sharing, or an anonymous fingerprint in the case of biometric sharing. If the identity matches that of a previous application, immigration information may be shared, such as whether the person has previously been refused a visa or removed from the other country. The same process would apply in reverse when a third country national applies to Canada for a visa or claims asylum. Biographic immigration information sharing is set to begin in 2013, and biometric sharing in 2014.

Under the agreement, information will not be shared regarding U.S. or Canadian citizens or permanent residents. Any information shared on travellers and asylum seekers will be handled responsibly and, as with other information sharing agreements, exchanged in accordance with relevant U.S. and Canadian laws.