fraud

NEWARK, N.J. — Twenty-two individuals were charged and arrests were made in six states Wednesday in connection with an alleged scheme to fraudulently obtain driver's licenses for illegal aliens and other ineligible individuals, New Jersey U.S. Attorney Paul J. Fishman announced.

The investigation was conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), Document and Benefit Task Force; FBI; Department of Homeland Security Office of Inspector General; U.S. Citizenship and Immigration Services (USCIS); New Jersey Motor Vehicle Commission; and Bergen County Prosecutor's Office.

Seventeen arrests were made in New Jersey, New York, California, Nevada, Virginia and Georgia, including a contract employee of USCIS charged with stealing and providing forms used to aid in the scheme. The charged criminal operation allegedly provided a suite of unlawful services to individuals illegally residing in the United States, including fraudulently obtaining driver's licenses, and investor and student visas.

"Today's arrests are a reflection of how ICE Homeland Security Investigations continues to prioritize and work with our law enforcement partners to identify and dismantle those organizations engaged in document and identity fraud," said Andrew McLees, special agent in charge of HSI Newark. "Fraudulent documents give people the appearance of lawful status and provide them with opportunities to which they are not entitled. This investigation prevented masses of additional fraudulent documents from being used, and possibly threatening security at the local, regional and national levels. HSI works closely with federal, state and local agencies to combat immigration fraud, protect the integrity of the immigration system and punish those who profit from promoting fraudulent schemes."

"By gaining access to protected, blank government immigration forms, the subjects in this case were able to utilize sophisticated computer software to create false identity documents and subsequently move to receive legitimate driver's licenses," said FBI Special Agent in Charge Ward. "In doing so, they were able to circumvent established safeguards and proper vetting put into place post 9/11. The exploitation of this vulnerability is significant because identity-type frauds are a gateway crime. Seldom are they the end game. Individuals with falsely obtained identities are more likely to commit financial frauds, walk away from legal obligations, and are more difficult for law enforcement to identify and investigate."

According to the complaints unsealed today:

Young-Kyu Park, formerly a resident of Fort Lee, N.J., and currently a resident of Los Angeles, was the leader of a criminal enterprise ("the Park Criminal Enterprise") operating in Palisades Park and Fort Lee, N.J., as well as in other states. The Park Criminal Enterprise illegally obtained driver's licenses genuinely issued by New Jersey, New York, Virginia, Nevada and elsewhere. To do so, it acquired, created and counterfeited a variety of documents for sale to customers. Members of the Park Criminal Enterprise also escorted customers to various state motor vehicle agencies and coached them through obtaining the licenses. In return, customers each paid the Park Criminal Enterprise a fee of approximately $3,000 to $4,500 for the unlawful services.

In particular, Young-Kyu Park fraudulently obtained, completed and sold genuine I-797 forms for customers to use to get licenses. An I-797 form is used by the federal government – including USCIS – to communicate with others or convey an immigration benefit. State agencies that issue driver's licenses rely on these forms to verify the authenticity of an applicant's foreign passport and to verify the applicant's lawful presence in the United States. One version of this form can be used to show eligibility for in-state college tuition.

The Park Criminal Enterprise also altered and counterfeited other immigration documents, including passports, and created and provided fictitious documents to customers – such as fictitious utility bills and bank statements used to establish residency requirements. In furtherance of the scheme, Young-Kyu Park and his co-conspirators fraudulently extended expired Korean passports of individuals without legal status in the United States so they could obtain driver's licenses. These illegal services were, at times, advertised in Korean newspapers and online with headings such as, "New Jersey Driver's License."

Young-Kyu Park obtained blank I-797 forms from Karine Michmichian and Martin Trejo, a USCIS contract employee, working at the USCIS' Western Forms Center in Montclair, Calif. – the United States' largest warehouse storage facility for these forms. At various times, Young-Kyu Park ordered the forms from Michmichian, who contacted Trejo.

For example, on Feb. 2, 2012, Young-Kyu Park called a cell phone used by Michmichian. Approximately two minutes later she sent a text message to a cell phone used by Trejo, stating, "Need 200 (A) call me asap, please, valentines is coming," – an alleged reference to the purchase of approximately 200 I-797A forms. Young-Kyu Park then used a computer to print customers' information onto the blank, stolen forms.

The Park Criminal Enterprise maintained a network of co-conspirators in New Jersey, Nevada, Georgia and Virginia that met with customers. Young-Kyu Park often communicated with his co-conspirators in various states through email. For example, on Nov. 3, 2011, Young-Kyu Park sent an email to a cooperating witness, stating, "Not sure if [you] have received [the customer's] passport from Director Kim [Ki-Sok Kim]. Must receive the passport and extend it. When extending passport . . . [sic] set the period to 11/3/2011-11/2/2016 . . [sic] issue date should be 11/2/2011." In the same email, Young-Kyu Park directed the cooperating witness to then send the altered passport, via Federal Express, to Ho-man Lee, a co-conspirator in Alexandria, Va., who helped customers to illegally get licenses in that state.

Members of the Park Criminal Enterprise, including Young-Kyu Park's wife, Soong-Young Park, and his daughter, Hanna Park, laundered the proceeds of the illegal operation to distribute the proceeds and conceal the scheme. The criminal complaint charges the following offenses:

Count one charges the named defendants with conspiracy to unlawfully produce identification documents (driver's licenses) and false identification documents (passports). The charge carries a maximum potential penalty of 15 years in prison and a $250,000 fine.

Count two charges the named defendants with conspiracy to steal government property and to transport and receive stolen property in interstate commerce. The charge carries a maximum potential penalty of five years in prison and a $250,000 fine.

Count three charges the named defendants with conspiracy to commit money laundering. The charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine.

The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
  Read more about 22 charged in multi-state scheme to obtain real driver's licenses with fraudulent documents

Seven members of Mexico's Zetas cartel were arrested Tuesday after a U.S. indictment accused a total of 14 cartel members of laundering drug money through the breeding and racing of American quarter horses in the United States, authorities said.

Los Zetas leader Miguel Angel Trevino Morales, 38, and his two brothers were named in the federal indictment, and brother Jose Trevino Morales, 45, and his wife, 38-year-old Zulema Trevino, were among the seven arrested, federal authorities said.

The 14 defendants were charged with a conspiracy using horse racing and breeding to launder the cartel's drug money, authorities said.

"The allegations in this indictment, if proven, would document yet another example of the corrupting influence of Mexican drug cartels within the United States, facilitated by the enormous profits generated by the illicit drug trade," U.S. Attorney Robert Pitman of the Western District of Texas said in a statement.

Since 2008, cartel leader Miguel Angel Trevino Morales and brother Oscar Omar Trevino Morales directed millions of dollars in drug money to brother Jose and his wife for buying, training, breeding and racing quarter horses in New Mexico, Oklahoma, California and Texas, authorities said. Jose Trevino, his wife and others disguised the ownership of the horses through the use of "front" companies, authorities said.

Among the horses that were part of the alleged laundering operations were Tempting Dash, winner of the Dash for Cash at Lone Star Park racetrack in Grand Prairie, Texas, on October 24, 2009, and Mr. Piloto, winner of the $1 million All American Futurity at Ruidoso Downs on Labor Day 2010 in Ruidoso, New Mexico, authorities said.

The indictment alleges the horse racing and breeding conspiracy raised $20 million, and authorities are seeking a monetary judgment in that amount, officials said.

The Los Zetas cartel, headquartered in Nuevo Laredo, Mexico, directly across the border from Laredo, Texas, is Mexico's largest drug cartel in terms of territory and has operations in 11 Mexican states, the indictment said.

The cartel sends thousands of kilograms of cocaine and other drugs annually to the United States, generating many millions of dollars, the indictment said.

"This case is a prime example of the ability of Mexican drug cartels to establish footholds in legitimate U.S. industries and highlights the serious threat money laundering causes to our financial system," Richard Weber, chief of IRS Criminal Investigation, said in a statement.

The five other people arrested Tuesday are Fernando Solis Garcia, 29, in Ruidoso; 26-year-old Carlos Miguel Nayen Borbolla, 32-year-old Adan Farias and 28-year-old Felipe Alejandro Quintero in Los Angeles; and Eusevio Maldonado Huitron, 48, in Austin, Texas, authorities said.

Cartel leader Miguel Angel Trevino Morales and brother Oscar Omar Trevino Morales, 36, are believed to be in Mexico, authorities said.

The five others indicted who haven't been arrested as of Tuesday are Raul Ramirez, 20, of El Paso, Texas; Francisco Antonio Colorado Cessa, 51, of Veracruz, Mexico; Victor Manuel Lopez, 31, of Nuevo Laredo; and Sergio Rogelio Guerrero Rincon, 40, and Luis Gerardo Aguirre, 35, both of Mexico, authorities said. Read more about Seven arrested in alleged Mexican cartel scheme to launder money in horse racing

Authorities in New Mexico said they busted a fraud ring that allegedly forged false documents for undocumented immigrants who wanted to obtain a driver's license.

Rental agreements, bank statements, vehicle titles, and insurance paperwork were among the fake documents provided by the ring. In at least 54 cases, these documents were used to obtain licenses, police said.

The probe is continuing, and authorities said during a news conference that investigators believe hundreds of licenses have been fraudulently obtained through the ring over the past couple of years for undocumented immigrants living outside of New Mexico.

"We know without a shadow of a doubt there are several other rings operating right now in the state, and the only reason they continue to operate is because it's a profitable business they're in," said Demesia Padilla, secretary of the state Taxation and Revenue Department, which oversees New Mexico's Motor Vehicle Division.

Padilla said her concern is that the stories about vanloads of undocumented immigrants being brought to New Mexico from as far as Florida and Illinois for driver's licenses will continue until the state Legislature takes action.

New Mexico and Washington are the only states that allow undocumented immigrants to obtain the same driver's license as a U.S. citizen.

Padilla charged that the Legislature has created a "mess" by not repealing the law.

"We need to end the issuance of driver's licenses to illegal immigrants, and until we do that, we're going to leave ourselves open to this type of fraud and this type of crime," she said.

Republican Gov. Susana Martinez has repeatedly pressed state lawmakers to repeal New Mexico's law over fraud concerns. During this year's session, the state Senate passed a bill that would have made it harder for undocumented immigrants to obtain state driver's licenses. Yet, the bill did not get a vote in the House.

"This fraud ring only confirms what New Mexicans already know - the only way to put an end to this criminal activity is to repeal the law that gives driver's licenses to illegal immigrants," the governor said in a statement issued Wednesday.

A criminal complaint details the ring that authorities say was operating in the eastern New Mexico communities of Clovis and Portales. Those named in the complaint face dozens of charges ranging from forgery to conspiracy to commit altered, forged or fictitious licenses.

Of the nine warrants issued, two people have been arrested and two others have agreed to turn themselves in.

The alleged ring leader, Luis Raul Collazo-Medrano, his wife, Olivia Esther Campos, their daughter Viridiana Campos and two others have yet to be located.

The investigation began eight months ago after several foreign nationals were found to be using the same phone numbers in Roosevelt County to make appointments at the Motor Vehicle Division office. Several applicants also were using the same addresses in Clovis and Portales as their places of residence, even though they did not live there.

It was a phone call from a Brazilian woman living in Georgia inquiring about her license that unearthed the scam, Ninth Judicial District Attorney Matt Chandler said.

The woman told authorities she agreed to pay Collazo-Medrano $4,000 for a driver's license. The scam involved her flying to Amarillo, Texas, and being driven to Portales, where her paperwork was prepared.

A hold was put on the license due to fraud suspicions. The woman demanded her money back, and Collazo-Medrano allegedly told her that he didn't need her money since he was making $30,000 a month getting fraudulent licenses for others.

"By all means, this is not a case of overcharging or overreaching by law enforcement," Chandler said. "In reality, what we were able to determine is there were hundreds and hundreds" of applicants that went through the system as a result of the scam.

Chandler said the investigation is focused on those running the rings, not the individuals applying for licenses.

State officials said they are working to revoke the 54 licenses that were connected to the busted ring.

About 92,000 foreign national licenses have been issued in New Mexico since 2003. Out of those, only 16,000 license holders filed a return this tax season, Padilla said.

"Where are the rest of them? It appears they're not in New Mexico, as is evident by this ring," she said.

Each time the state has tried to prevent fraud through administrative measures like requiring in-person appointments or tracking addresses and phone numbers of applicants, Padilla said the rings have become more creative in finding ways around the system.

"Absolutely it's given us a bad name," she said. "We're known as the place where they can come to shop for a driver's license. There are advertisements in Chicago, New York, New Jersey and North Carolina where they basically say there's a commodity for sale in New Mexico, and that commodity is a New Mexico driver's license."

  Read more about BUSTED: New Mexico Fraud Ring Made Fake Docs for the Undocumented

The US today said that the deportation of Indian orphan Kairi Abha Shepherd was consistent with its immigration priorities, indicating it would go ahead with the proceedings, despite an appeal by New Delhi that her case be treated with "sensitivity and compassion".

India had said that the humanitarian dimension of the case should be considered before removing Shepherd, who was adopted by an Utah woman from Kolkata when she was just three months old and has lived in the US ever since.

In 2004, Shepherd, was convicted of attempted forgery and third-degree forgery. After she served her time, the government initiated removal proceedings against her, and the 30 year old is facing deportation as a "criminal alien".

Reacting to the Indian request, the US Immigration and Customs Enforcement (ICE) said the deportation proceedings were in line with immigration enforcement priorities.

"ICE has reviewed Ms Shepherd's case at length and believes seeking her removal is consistent with the agency's immigration enforcement priorities, which include focusing on identification and deportation of aliens with felony criminal convictions," spokesperson Virginia Kice said.

The statement came in response to the Indian Embassy spokesman, Virander Paul's plea in this regard that her case "deserves to be treated with the utmost sensitivity and compassion, keeping in mind the humanitarian dimension and tenets of universally accepted human rights".

"The Embassy has seen reports concerning Kairi Shepherd, and has requested the US authorities for facts on this matter," the spokesman said. "All the information available to us on this case indicates that it has a clearly humanitarian dimension that cannot be ignored. As reports indicate, Kairi Shepherd was brought to the United States after adoption, as a baby, and has known no other home," Paul said.

Explaining the case of Shepherd, the ICE spokesperson said she was originally encountered by Enforcement and Removal Operations (ERO) officers at the Salt Lake County Adult Detention Complex in October 2007 following her incarceration on unknown local charges.

"ERO officers processed Ms Shepherd and placed her in immigration removal proceedings after determining she was potentially deportable based upon her criminal history," Kice said.

She said an immigration judge had ordered Shepherd's deportation in February 2010, and a Court of Appeals had recently declined to set aside that order.

"Background checks indicate Ms Shepherd's criminal history includes two prior convictions in Utah in 2004 for attempted forgery and forgery, the latter of which constitutes an aggravated felony," Kice said, defending ICE's decision to move ahead with the deportation proceedings.

Shepherd has said deportation was akin to 'death sentence' for her.

Shepherd was adopted by an Utah woman in 1982. As luck would have it, her mother died of cancer when she was eight. "Ms Shepherd was an orphaned baby in India when she was brought to this country for adoption in 1982 by a US citizen. Her adoptive mother died when she was eight years of age, and she was thereafter cared for by guardians. There is no record of any effort by Ms Shepherd or her guardians to petition for her citizenship," court documents say.

At an initial hearing before the Immigration Judge (IJ), government counsel noted that Shepherd's history suggested she might be able to prove she became a US citizen through adoption under the CCA's automatic citizenship provision.

This provision directs that "a child born outside of the United States automatically becomes a citizen of the United States" when three conditions are fulfilled: "(1) At least one parent of the child is a citizen of the United States"; "(2) The child is under the age of eighteen years"; and "(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence".

And citizenship constitutes the "'denial of an essential jurisdictional fact' in a deportation proceeding".

Her deportation proceedings would be carried out by the US Immigration and Customs Enforcement (ICE) after it receives the necessary travel documents from the Indian Government.

"Before carrying out a deportation, ICE (US Immigration and Customs Enforcement) must first obtain a travel document to ensure the receiving country will admit the alien who is being returned," ICE spokesperson, Lori K Haley.

  Read more about Deportation consistent with immigration rules: US

Read below a statement from the Department of Homeland Security outlining the documents a foreign national must have to enter the United States legally. In essence a non-citizen must have either a passport or a valid visa issued by a U.S. Consular official. There is one exception to the rule.

A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier issued by the U.S.Department of State. Mexican citizens using the card may only travel 25 miles into the U.S.

A Mexican matricula consular card is not valid as proof that a person is legally in the U.S. In fact, if a Mexican matricula card is the best or only identification a person can present, that is tacit admission that the person is illegally in the U.S.

Governor Kitzhaber is attempting to preempt federal law by promoting acceptance of the matricula consular as identification for drivers. That policy amounts to aiding and abetting illegal immigration. Furthermore it puts the Oregon State Police in a difficult legal position and citizens in danger.

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U.S. Customs & Border Protection

Entering the U.S. - Documents required for Foreign Nationals (International Travelers)

What travel documents and identification are required for a foreign national to enter the U.S.?

Updated 02/06/2012 11:22 AM

A foreign national or alien entering the U.S. is generally required to present a passport and valid visa issued by a U.S. Consular Official, unless they are a citizen of a country eligible for the Visa Waiver Program, or are a lawful permanent resident of the U.S. or a citizen of Canada. The Visa Waiver Program allows foreign nationals from certain countries to be admitted to the U.S. under limited conditions and for a limited time without obtaining a visa. The foreign national must arrive on an approved carrier (if coming by air or sea), staying no more than 90 days, for pleasure/medical purposes/business, and be able to prove they are not inadmissible. The foreign national is still required to have a passport. To obtain a list of countries eligible for the VisaWaiver Program, please reference the Department of State Web site. Canadians coming as a Treaty Trader, classification E are required to have a visa to enter the U.S. as are Canadians coming to marry a U.S. citizen and reside in the U.S. (K1)

A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier, issued by the Department of State and is applying for admission as a temporary visitor for business or pleasure from contiguous territory by land or sea. Mexican citizens using the Border Crossing Card may only travel 25 miles into the U.S. - except in the Nogales/Tucson area, where travel to Tucson is authorized.

Continuing students who are going to travel outside of the United States must see their foreign student advisor and obtain an endorsement from the DSO or RO. The endorsement will be made on page 3 of the SEVIS Form I-20 or page 1 of the DS-2019. When returning to the United States, a continuing student/exchange visitor must present a valid SEVIS Form I-20 or DS-2019 with the DSO or RO signature showing that the student is active and in good standing with the school or program.

Visitors traveling to the U.S. are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the U.S. For a list of countries exempt from the six month rule, see Six Month Club. (Six Month Club validity on your passport does not apply to U.S. Citizens returning to the United States.) Read more about Governor Kitzhaber attempts to preempt federal law

NEWARK, N.J. - An illegal immigrant worked undetected at Newark Liberty International Airport for 20 years, and used a dead man's identity to acquire a top position in airport security, officials said.

The man was known to co-workers as Jerry Thomas, and for nearly 20 years he has guarded some of the most secure areas of one of the nation's busiest airports.

He was arrested Monday after authorities discovered he is really an illegal Nigerian immigrant by the name of Bimbo Olumuyiwa Oyewole (among other aliases) who entered the country in 1989, officials said.

CBS Station WCBS reports Oyewole, 54, allegedly assumed the identity of a dead man to get a top security job at the airport. He was arrested at his Elizabeth, N.J., home following an anonymous tip, officials said.

"In this case, the defendant utilized an elaborate and complex scheme of identity theft to defraud his employer, the State of New Jersey, the federal government and the Port Authority," Port Authority of New York and New Jersey Inspector General Robert Van Etten said.

The revelation came the same day that the Inspector General's Office of the Transportation Security Administration released a report saying that TSA officials at Newark Liberty took corrective actions in fewer than half (42 percent) of the security breaches shown in its records.

The OIG also said TSA does not have a comprehensive oversight program in order to collate information on security breaches and, consequently, cannot monitor trends or make improvements to security.

WCBS correspondent Marcia Kramer reports that Oyewole somehow obtained the birth certificate and Social Security number of a man murdered in Queens in 1992. He used that identity to obtain a New Jersey driver's license, a state security guard license, airport identification and even credit cards, officials said.

"Jerry Thomas" worked security at Newark, and had access to the tarmac and passenger planes without ever being detected, officials said. At the time of his arrest he supervised 30 other guards, Kramer reported.

Authorities want to know how he got the ID made and whether he was involved in the man's death. The NYPD is checking his fingerprints to see if they match those at the scene of the still-unsolved murder.

Authorities are also investigating if the Nigerian, who used the alias "Bimbo" among others, was involved in criminal activity at the airport.

The Port Authority of New York and New Jersey, which operates the area's main airports and other transit hubs, said Oyewole entered the United States illegally in 1989 and had worked under several contractors at the airport, most recently FJC Security Services. The agency said its investigation found no indication that he used the fake identity for any reason other than to live in the United States.

Agency spokesman Steve Coleman said the Port Authority had spoken with FJC officials about re-checking their security personnel on a regular basis.

FJC Security, which obtained an airport contract in 2003, said it conducted a background check on the guard, as had New Jersey State Police and U.S. Customs and Border Protection, and that in all cases Oyewole had passed the background checks. "During his time with FJC, he had nothing in his record or his performance to indicate a cause for concern or a reason to question the state police and federal government's background checks," said FJC spokesman Michael McKeon.

  Read more about Illegal immigrant worked 20 years at airport security

Members of the House Ways & Means Committee voted 22-12 to stop the IRS from giving refundable tax credits to illegal aliens.

Last year, the Inspector General for the U.S. Treasury Department released a report revealing that illegal aliens annually receive $4.2 billion in refundable tax credits, primarily through the Additional Child Tax Credit (ACTC).

The Ways and Means Committee voted to close this tax credit loophole by requiring that individuals who claim the ACTC provide a valid Social Security Number (SSN), based on language introduced by Rep. Sam Johnson (R-TX). Currently, the IRS only requires applicants for the ACTC to provide an Individual Taxpayer Identification Number (ITIN), which the Internal Revenue Service (IRS) indiscriminately hands out to illegal aliens.

The legislation was part of a budget reconciliation proposal that now goes to the House Budget Committee for inclusion in a larger package aimed at saving taxpayer dollars.

FAIR thanks the following Ways and Means Committee Members who voted to close the loophole: 

If you have the time and you could call and thank them, as well.

Chairman David Camp (R-MI) Rep. Jim Gerlach (R-PA)

Rep. Wally Herger (R-CA) Rep. Tom Price (R-GA)

Rep. Sam Johnson (R-TX) Rep. Vern Buchanan (R-FL)

Rep. Kevin Brady (R-TX) Rep. Adrian Smith (R-NE)

Rep. Paul Ryan (R-WI) Rep. Aaron Schock (R-IL)

Rep. Devin Nunes (R-CA) Rep. Lynn Jenkins (R-KS)

Rep. Pat Tiberi (R-OH) Rep. Erik Paulsen (R-MN)

Rep. Geoff Davis (R-KY) Rep. Kenny Marchant (R-TX)

Rep. Dave Reichert (R-WA) Rep. Rick Berg (R-ND)

Rep. Charles Boustany (R-LA) Rep. Diane Black (R-TN)

Rep. Peter Roskam (R-IL) Rep. Tom Reed (R-NY)

Members who voted against closing the loophole include:

Rep. Ranking Member Sander Levin (D-MI) Rep. Mike Thompson, (D-CA)

Rep. Fortney Pete Stark, (D-CA) Rep. John B. Larson, (D-CT)

Rep. Jim McDermott, (D-WA) Rep. Ron Kind, (D-WI)

Rep. John Lewis, (D-GA) Rep. Bill Pascrell Jr., (D-NJ)

Rep. Richard E. Neal, (D-MA) Rep. Shelley Berkley, (D-NV)

Rep. Lloyd Doggett, (D-TX) Rep. Joseph Crowley, (D-NY) Read more about House Committee Votes to Close Tax Credit Loophole!