While
federal prosecutions for white collar crime have been cut in half the past
three years, there is an increase in immigration fraud cases in large part due to the current administration's emphasis on preventing illegal immigration. A recent case
illustrates this trend.
On November 4, 2019, in the Central District of
California, an indictment was unsealed charging two men with conspiracy to
commit visa fraud by having a plan to obtain lawful permanent resident (LPR) status
for South Korean nationals by allegedly submitting fraudulent visa applications
that falsely claimed American businesses wanted to hire skilled foreign
workers.
The
named defendants are Weon Keuk Lee, a South Korean national who is also a
licensed California attorney who previously operated an immigration law firm in
Los Angeles; and Young Shin Kim, a naturalized United States citizen, who
previously operated an accounting firm in Diamond Bar, California. An
indictment contains allegations that a defendant has committed a crime. Every
defendant is presumed innocent until and unless proven guilty beyond a
reasonable doubt.
The
fact that the two defendants are an attorney and accountant is important since
their skill levels are often used to show knowledge of the rules and intent. The
indictment alleges that Mr. Kim and Mr. Lee exploited the EB-2(a) visa program
by submitting falsified Alien Worker Petitions on behalf of companies – some
legitimate, some created specifically for their plans – that purportedly wanted
to hire foreign nationals after exhausting attempts to find suitable workers in
the United States.
According
to court documents, those South Korean visa applicants simply wanted to
immigrate to the United States, and they paid between $30,000 and $70,000 to Mr.
Park and Mr. Kim and their businesses in the hopes of obtaining a visa. It is believed that these South Korean visa applicants are cooperating with federal authorities.
Mr.
Kim was arrested in this case on October 3 pursuant to a criminal complaint and
the grand jury indictment came afterwards. Mr. Lee is believed to be currently
residing in Vietnam. It is unknown whether extradition will be sought.
The
detailed allegations in the indictment contend that between 2007 and 2015, Mr. Lee
and Mr. Kim filed approximately 117 fraudulent Alien Worker Petitions with U.S.
Citizenship and Immigration Services, which resulted in the agency issuing more
than 125 visas for alien workers, their spouses and their children.
The
Indictment further alleges that Mr. Lee accepted payment from South Korean
nationals who wanted to obtain EB-2(a) visas that would allow them to live and
work in the United States. Mr. Kim allegedly identified United States
businesses to act as the purported petitioner for the beneficiary, either by
misappropriating information from his accounting firm’s clients or by forming
shell corporations solely for the purpose of petitioning authorities for visas.
The indictment also alleges that Mr. Kim fabricated documents – including false tax returns – for the domestic companies and that Mr. Lee used those documents
to submit the fraudulent Alien Worker Petitions. Mr. Lee allegedly paid Mr. Kim
nearly $300,000 for preparing the fraudulent documents used with the visa
applications.
Attorney Commentary:
The charge of conspiracy to commit visa fraud carries a statutory maximum sentence of five years in federal prison. This case is being filed in large part to deter others. While the sentences will not long with a first time offender, it could certainly lead to Mr. Lee being deported as it does not appear he is a U.S. citizen.
This
case is part of a joint task force called the “Document Benefit Fraud Task
Force” which includes representatives of the U.S. Department of State’s
Diplomatic Security Service; U.S. Citizenship and Immigration Services, Fraud
Detection National Security Unit; and U.S. Immigration and Customs
Enforcement’s Homeland Security Investigations.
The U.S. current policies on "illegal immigration" are leading to heightened scrutiny of immigrants from other countries through visa applications. Anyone in this business will need to ensure that they are compliant with the laws and regulations or face criminal prosecution.
Posted by Tracy Green, Esq.
