more info on Georgia H-1B fraud case

Date: Wednesday, February 21, 2007 12:24 AM

<<<<< JOB DESTRUCTION NEWSLETTER No. 1644 -- 2/21/2007 >>>>>

I called the US attorney's office in Georgia to get more information on the
H-1B fraud case. They sent me the press release below which hasn't been
posted online yet. At this time no court documents have been made available
to the public.

I found a few interesting tidbits about the case, but for the most part
they either didn't know the details or weren't willing to talk about them.

Here is what I found out:

1) One of the defendants is an illegal alien, although there was no
information about whether it was Sheng Feng Sun or Sang Hun Oh. Either way
that means an illegal alien was using the H-1B visa program to bring in
other aliens.

2) Five H-1B visas were issued and all of them were successfully used by
aliens to enter the U.S. No criminal charges will be brought against the
aliens who used the fraudulent H-1B visas although they might be subject to
administrative actions such as deportation. It is by no means certain that
they will be deported however.

3) I was assured that none of the fraudulent visas were handed out to
terrorists. No explanation was given how that determination was made, who
made it, or what guidelines were used to come to that conclusion.

+++++++++++++++++++++++++++++++++++++++++++++++++++

FOR IMMEDIATE RELEASE CONTACT: Patrick Crosby
2/15/07 (404)581-6016
http://www.usdoj.gov/usao/gan/ FAX (404)581-6160

PRINCIPALS OF VOCATIONAL SCHOOL CHARGED WITH VISA FRAUD

Defendants Charged Aliens $10,000 And More

For Fraudulently Obtained Skilled Worker Visas

Atlanta, GA - A federal grand jury has indicted SHENG FENG SUN,

a/k/a "Joe Sun," 45, of Roswell, Georgia, and SANG HUN OH, a/k/a "Michael
Oh," 35, of Norcross, Georgia, with conspiracy, immigration document fraud
and money laundering related to a scheme to sell, for a fee of $10,000 or
more, non-immigrant visas to non-qualifying aliens. The indictment,
previously sealed, was unsealed today with the arrest of SUN and OH, who
are expected to be arraigned at 4:15 p.m. today before United States
Magistrate Judge E. Clayton Scofield III. The indictment also seeks
forfeiture of all proceeds of the alleged scheme.

"At a time when we must be vigilant about how visas to enter and

remain in the United States are issued and to whom they are issued, those
who elect to defraud the government in applying for worker visas and who
profit from their lies will face federal prosecution," said United States
Attorney David E. Nahmias. "Sponsoring employers who abuse their ability to
apply for employee visas will face prison time, and the criminal proceeds
they generate from their schemes will be forfeited to the United States."

U.S. Immigration and Customs Enforcement (ICE) Special Agent In

Charge Kenneth Smith said, "This type of fraud is often referred to as
white-collar smuggling. In defrauding the government by using this
scheme, these individuals were allegedly selling access to the United
States for their private gain. The individuals indicted were selling access
to the United States. These people allegedly provided foreign nationals
with an avenue for legal immigration based upon a specific need of their
company that only the immigrant could provide. The law provides for
talented individuals to immigrate to the United States and provide needed
exceptional services and international cooperation. The persons arrested in
this instance were perverting the process for their own private gain."

"By allegedly providing fraudulent documents in order to obtain

worker visas, the defendants undermined the foreign labor certification
process," said Gordon S. Heddell, Inspector General, U.S. Department of
Labor. "We will continue to work with other law enforcement agencies and
dedicate resources to protect the integrity of the foreign labor
certification program."

According to U.S. Attorney Nahmias and the indictment: SUN and OH

are principal officers of "Edgewood College of Georgia" ("ECG"), located in
Norcross, Georgia. ECG is a vocational school offering English as a Second
Language services and training and clinical services in the field of
traditional Asian medicine. SUN and OH are alleged to have submitted, for a
fee of $10,000 or more, false non-immigrant visa applications to the United
States government. These visa applications allegedly claimed fraudulently
that ECG intended to employ the aliens named in the applications in skilled
labor positions, when in fact the aliens had no association with ECG. The
visas issued upon ECG's fraudulent applications allow the "student" to
remain in the United States for up to three years, which is how SUN and OH
were able to charge a substantial fee for lying to the government.

The indictment further alleges that, to maintain the illusion that

the aliens who obtained fraudulently issued skilled worker visas were
actually employed by ECG, SUN and OH issued ECG paychecks to the subject
aliens, who were then obligated to return the funds, plus an additional
monthly fee of $500-$800, to the defendants. SUN and OH advised the aliens
that this additional monthly fee was a requirement of their visa fraud
scheme and part of the cost of obtaining a false visa.

The indictment's conspiracy count carries a maximum sentence of 5

years in prison and a $250,000 fine. The 4 visa fraud counts each carry a
maximum sentence of 10 years in prison and a $250,000 fine as to each
count, while the 12 money laundering counts each carry a 20 year maximum
prison term and a fine of $250,000 per count.

Members of the public are reminded that the indictment only

contains charges. The defendants are presumed innocent of the charges and
it will be the government's burden to prove the defendants' guilt beyond a
reasonable doubt at trial.

This case is being investigated by Special Agents of U.S.

Immigration and Customs Enforcement and the U.S. Department of Labor,
Office of Inspector General.

Assistant United States Attorney Paul Monnin is prosecuting the

case.

For further information please contact David E. Nahmias (pronounced

NAH-me-us), United States Attorney, or Charysse L. Alexander, Executive
Assistant United States Attorney, through Patrick Crosby, Public Affairs
Officer, U.S. Attorney's Office, at (404) 581-6016. The Internet address
for the HomePage for the U.S. Attorney's Office for the Northern District
of Georgia is www.usdoj.gov/usao/gan.

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