H-2B Fraud Ring Busted in Utah
H-2B Fraud Ring Busted in Utah
Date: Thursday, August 06, 2009 3:23 AM
<<<<< JOB DESTRUCTION NEWSLETTER No. 2048 -- 8/06/2009 >>>>>
An alleged H-2B visa fraud ring operated in Utah for at least four years from
July 2005 to June 2009. The Salt Lake Tribune has done a series of stories
about the conspiracy, and KSL TV 5 has an excellent video news report of the
story (link below).
Investigators say the Alcala Law Firm lied on applications to help employers
in Utah to get work visas for ineligible foreign workers. Many of the
foreigners were illegal aliens, who by law cannot get an H-2B visa. It is
estimated that the Alcala Law Firm issued more than 5,000 fraudulent work
visas. The types of companies that were in on the deal include landscaping,
construction, painting, roofing, steel, and property-maintenance.
Some of the companies were coached on how to run fake jobs ads for positions
that were already filled by illegal aliens. The DOJ (link below) describes in
detail how the job ads were faked. It's the best source of information for
those of you that want to know more of the specifics. There is a 31 page legal
indictment document that is worth reading for even more detail (link below).
One of the conspirators was Carlos Vorher, 43, a former U.S. Border Patrol
agent.
Four men were recently ordered released from jail as long as they wear ankle
bracelets. Extradition is being attempted to bring two others in Mexico to the
U.S. for prosecution.
The Alcala website can be viewed by going here:
http://www.visasusa.com/
The logo they have in the upper left corner is very appropriate -- it looks
like a bandito or Pancho Villa.
There are apologists for the banditos who invade our country and steal our
jobs. Like for instance, Juan M. Ruiz, president of the Latin American Chamber
of Commerce in Utah, who used the fraud story as an excuse to take a stab
against Utah bill No. 81 that will crack down on employers of illegal aliens.
His argument is that if Utah starts enforcing the law, there will be more
lawbreakers. Duh!
Ruiz worries these types of abuses will be even more commonplace
with the passage of Senate Bill 81, which requires public
employers to verify the legal status of workers and asks local
police to help enforce federal immigration statutes.
"All of these people that are afraid are a little more prone to
fraud," Ruiz said. "There's a really good chance that there will
be predators."
REFERENCES:
http://www.usdoj.gov/usao/ut/press/releases/Alcala%20indictment.pdf
US DOJ Press Release, July 28, 2009
http://media.bonnint.net/slc/1310/131091/13109144.pdf
USA vs. The Alcala Law Firm
http://findarticles.com/p/articles/mi_qn4188/is_20090803/ai_n32405589/
4 visa fraud suspects appear in federal court
http://www.sltrib.com/news/ci_12950542
Mexican athletes names used to seek visas
http://www.sltrib.com/news/ci_12938102
Salt Lake City attorney accused in worker-visa scandal to be released from
jail
http://www.sltrib.com/news/ci_12941517
Investigators: Law firm lied for foreign workers
http://www.ksl.com/index.php?sid=7325159
Law firm indicted in immigration fraud scheme Be sure to watch the online
video news report on this page.
http://www.fairus.org/site/News2?page=NewsArticle&id=20099&security=1601&news_iv_ctrl=1721
Texas, Utah Continue Push for Tougher Enforcement Legislation
http://www.le.state.ut.us/~2008/bills/sbillamd/SB0081S01.htm
S.B. 81, Chief Sponsor: John W. Hickman
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://findarticles.com/p/articles/mi_qn4188/is_20090803/ai_n32405589/
4 visa fraud suspects appear in federal court Deseret News (Salt Lake City),
Aug 3, 2009 by Geoffrey Fattah Deseret News
Four men associated with a local law firm accused of helping foreign nationals
and Utah employers in obtaining visas through fraud appeared in federal court
Wednesday to deny the charges against them.
Associates of the Alcala Law Firm and Westside Property Management, including
the firm's owner, James Hector Alcala, 41, made their first appearance in U.S.
District Court to formally face charges of conspiracy and visa fraud.
In addition to Alcala, Carlos Vorher, 43, a former U.S. Border Patrol agent;
Andres Acosta Parra, 31, a former visa assistant for the U.S.
Consulate in Ciudad Juarez, Mexico; and Gustavo Ballesteros- Munoz, 45,
appeared in court. All four men entered pleas of not guilty.
Related Results
* Law firm indicted in case of visa fraud
Alcala and Vorher are charged with conspiracy, which carries a maximum of up
to five years in prison. Alcala also faces 12 counts of visa fraud, which
carries a maximum of 10 years in prison.
Vorher and Parra also face two counts of visa fraud, and Ballesteros-Munoz
faces one count.
In court, U.S. District Magistrate Judge David Nuffer ordered the four men
released on GPS ankle monitors pending resolution of the case. Nuffer ordered
the men to have no contact with each other, or with potential witnesses.
Alcala's wife, Janet Alcala, was exempted from that order. The men are also
not allowed to travel outside of the state without prior permission and must
surrender their passports.
Outside of court Alcala's attorney, Susanne Gustin, said there is a
significant amount of evidence provided by the government that her office
needs to go through. Prosecutors say there have been some issues involving
attorney-client privilege that they have had to work through in processing the
evidence in the case.
A status conference has been scheduled for Aug. 7.
Four other people associated with the law firm have also been indicted.
Carlos Enrique Gomez-Alvarez, 41, appeared in federal court in New York
Wednesday morning, a day after being arrested. According to federal officials,
Alvarez was arrested while he was in the process of taking the New York state
bar exam. Daniel Trigo Villavicencio, 30, was also arrested Wednesday in
Texas.
Two others, Florentino Jose Ayala Villarreal, 39, and Olga Adriana Garza
Muniz, 47, remain in Mexico. Assistant U.S. Attorney for Utah Brett Parkinson
said his office is currently working with Mexican officials to seek their
arrest.
According to the 17-count indictment, the Alcala Law Firm profited financially
by assisting Utah employers in obtaining H-2B visas for foreign-national
workers. Prosecutors claim the firm instructed local companies on how to
legitimize the status of current employees. The H-2B visa program allows U.S.
companies to hire foreign nationals to fill jobs but the company must show
that the jobs cannot be filled with U.S.
citizens. The visas, which are capped at 66,000 each year, are not for
permanent work status but rather temporary or seasonal work.
The firm is also accused of encouraging employers to petition the government
for more visas than they needed in order to "swap"
foreign-national workers from one employer to the next. Defendants also took
out want ads for the job positions knowing employers had already filled them
to make it appear like they were searching for new workers, the indictment
states. Nationals were also told by the firm that they had to return to Mexico
and not tell the consular officer that they had just come from the U.S.
The company Westside Property Management, of which Janet Alcala is listed as a
managing member of the business, is accused of petitioning for visas and
falsely indicating that employees would be working at the company when the
company knew the employees were going to work for a different Utah company.
Janet Alcala has been mentioned as a potential witness in the case but has not
been charged.
Federal officials believe more than 5,000 visas were issued based on more than
700 petitions filed. Although not all visas were not obtained through fraud,
prosecutors say they believe the majority of them were.
e-mail: gfattah@desnews.com
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http://www.sltrib.com/news/ci_12950542
Bar: Mexican athletes names used to seek visas Immigration ; Utah's law
association filed a complaint about Alcala law firm in May.
By Pamela Manson
The Salt Lake Tribune
Salt Lake Tribune
Updated:07/30/2009 06:10:58 PM MDT
Although a South Salt Lake plastering company hired attorney James Hector
Alcala to prepare applications for work visas for its seasonal foreign
employees, immigration officials spotted a problem.
Some of the prospective employees at Los Sauces Stucco & Plastering apparently
shared the names of prominent Mexican athletes.
The discovery led the Utah State Bar's Office of Professional Conduct to file
a disciplinary complaint in May against Alcala, alleging he provided the false
names to Citizenship and Immigration Services and allowed an employee at his
firm to portray himself as a lawyer.
The complaint, which could result in Alcala's disbarment, came two months
before Alcala and seven employees were indicted last week on federal criminal
charges involving work visas. In his written response, Alcala has denied the
allegations and said Los Sauces -- not him -- included the athletes' names in
the list.
Alcala claimed he is close to a settlement in a civil lawsuit filed by the
company against him seeking $10,000 in legal fees it paid to Alcala and other
damages. Officials with Los Sauces could not be reached Thursday for immediate
comment.
A federal indictment unsealed Tuesday accuses Alcala, his law firm, seven firm
employees and a property management company of lying on applications to help
10 companies in Salt Lake, Utah and Davis counties get work visas for
ineligible foreign workers.
Alcala, 41, who has been licensed to practice law in Utah since 2000, and the
attorney defending him against the Bar complaint could not be reached
Thursday. His lawyer in the criminal case, Susanne Gustin, declined to
comment.
The alleged federal offenses involved the H-2B visa program, under which
employers petition for permits that allow foreign nationals to work
temporarily in the United States. Investigators say more than 700 petitions
filed by The Alcala Law Firm led to the issuance of more than 5,000 work
visas, the majority of which were fraudulent.
One of the defendants in the criminal case is Carlos Enrique Gomez-Alvarez,
who allegedly portrayed himself as a lawyer in the Los Sauces matter.
Gomez-Alvarez, who was licensed to practice law in Venezuela, was arrested
Tuesday while taking the bar exam in Buffalo, N.Y.
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http://www.sltrib.com/news/ci_12938102
Salt Lake City attorney accused in worker-visa scandal to be released from
jail Ankle monitoring ; Alcala, another defendant to be monitored by ankle
bracelets.
By Pamela Manson
The Salt Lake Tribune
Salt Lake Tribune
Updated:07/29/2009 09:25:50 PM MDT
A Utah immigration attorney and four of his employees accused in a visa fraud
scheme on Wednesday entered not guilty pleas to the crimes.
James Hector Alcala, Carlos Manuel Vorher, Andres Lorenzo Acosta Parra and
Gustavo Ballesteros-Munoz appeared before U.S. Magistrate David Nuffer. The
judge ordered Alcala, Vorher and Acosta Parra released from jail and to be
monitored via ankle bracelets.
Nuffer agreed to requests by Alcala and Vorher that Acosta Parra get the only
ankle bracelet available Wednesday because his wife is expected to give birth
this week. Alcala and Vorher will be released when two more ankle bracelets
are available, probably Thursday.
Carlos Enrique Gomez-Alvarez, arrested in New York while taking the bar exam
in Buffalo, also entered a not guilty plea in New York on Wednesday and is
expected to be transported to Utah this week.
The five are among eight people indicted with various counts of conspiracy,
visa fraud and encouraging or inducing undocumented aliens to reside in the
United States illegally in connection with the case. An indictment unsealed
Tuesday says they helped 10 companies in Salt Lake, Davis and Utah counties
get work visas for ineligible foreign workers.
Ballesteros-Munoz is scheduled to have a hearing Thursday.
Authorities are calling the Alcala Law Firm case the largest fraud operation
of its kind to be uncovered in Utah. Investigators say more than 700 petitions
filed by the Salt Lake City firm led to the issuance of more than 5,000 work
visas, the majority of which were fraudulent.
The scheme also "led to untold number of U.S. citizens and legal workers being
refused jobs or discouraged from applying at all," said Paul Maldonado, deputy
special agent in charge of the Immigration and Customs Enforcement Office of
Investigations over Utah.
The companies -- which may not have known they were getting bad legal advice -
- included landscaping, construction, painting, roofing, steel and property-
maintenance businesses but were not names in the indictment. The number of
foreign workers who received a visa is not yet known because some might have
gotten more than one.
The alleged conspiracy operated from July 2005 to June 2009 and involved the
H-2B visa program, under which employers petition for permits that allow
foreign nationals to work temporarily in the United States. Employers must
demonstrate there are not enough U.S. citizens who are willing and qualified
to fill vacant positions. There is a limit of 66,000 H-2B visas issued each
year that allow unskilled nonagricultural laborers to stay a maximum of 10
months.
If the foreign national is already in the United States, the employers must
show that the worker is in the country legally. Those living in other
countries are required to have been physically outside the United States for
at least six months prior to receiving the visa.
The indictment claims the defendants gave employers and their employees
instructions on how to use the H-2B program, even if the workers were living
in the United States illegally and already working for the company.
Sometimes, the workers allegedly were told to go back to Mexico and not tell
U.S. consular personnel who interviewed them that they had been in the United
States recently.
In addition, the law firm employees encouraged companies -- which paid
thousands of dollars for legal help -- to apply for more visas than needed so
they could illegally "swap" foreign-national workers among employers,
according to the indictment.
The investigation began in February 2008 after the U.S. Department of State's
Bureau of Diplomatic Security received a tip about the law firm. Ed Moreno,
the agency's assistant director for domestic operations, said the alleged
crimes are "particularly reprehensible" because they involve a law firm and
former federal employees: a former border agent and a former consulate visa
assistant.
U.S. Attorney Brett Tolman said some companies who hired the law firm believed
they were given correct legal advice. Some, though, might have seen red flags,
such as being asked to fabricate or fudge information, he said.
The investigation is continuing with interviews of the employer-clients and
visa recipients. Utah State Bar officials have initiated disciplinary
proceedings against Alcala in 3rd District Court. The case is pending.
pmanson@sltrib.com
Defendants in federal visa-fraud indictment:
; The Alcala Law Firm, 1380 W. Indiana Ave., Salt Lake City
; James Hector Alcala, 41, of Salt Lake City
; Carlos Enrique Gomez-Alvarez, 41, formerly of Salt Lake City and now living
in Houston; Gomez-Alvarez, who allegedly described himself as an in-house
counsel for the firm, was arrested while taking the New York bar exam in
Buffalo
; Carlos Manuel Vorher, 43, a firm paralegal and former U.S. Border Patrol
agent, Salt Lake City
; Andres Lorenzo Acosta Parra, 31, a firm employee who had worked as a visa
assistant at the U.S. Consulate in Ciudad Juarez, Mexico, from April 1, 1998,
to October 24, 2007, Salt Lake City
; Daniel Trigo Villavicencio, 30, who allegedly described himself as in-house
counsel for the firm, Orem
; Gustavo Ballesteros-Munoz, 45, accountant for the firm, West Jordan
; Florentino Jose Ayala Villarreal, 39, a firm employee, Mexico
; Olga Adriana Garza Muniz, 47, a firm employee, Mexico
; Westside Property Management, a Salt Lake City company that lists Alcala's
wife, Janet, as its managing member
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http://www.sltrib.com/news/ci_12941517
Investigators: Law firm lied for foreign workers
Updated:07/30/2009 07:48:07 AM MDT
Lance Starr says he and other immigration attorneys in Utah had heard
complaints about The Alcala Law Firm but didn't have evidence until recently
of any possible illegalities in how it handled cases.
But then two former employees of the Glendale firm asked him last year to
review their applications to legalize their presence in the United States,
which had been prepared by principle attorney James Hector Alcala but rejected
by the government. Starr spotted what appeared to be forged letters verifying
that one of them had worked for Mexican employers.
The American Fork attorney -- who had worked for the Alcala firm for less than
a year beginning in 2006 and now has his own practice -- knew his former
colleague had been living in Utah during the time he supposedly worked in
Mexico. Starr felt ethically obligated to report his suspicions to the U.S.
Attorney's Office.
The evidence likely was included in a federal investigation that resulted in
an indictment unsealed Tuesday against Alcala, his law firm, seven current or
former employees and a property management company.
"The investigation went beyond anything I had ever imagined," Starr said
Wednesday.
Investigators say the Alcala Law Firm lied on applications to help 10
companies in Salt Lake, Utah and Davis counties get work visas for ineligible
foreign workers. The companies might or might not have known they were getting
bad legal advice, authorities say, and the investigation is continuing.
Among the witnesses in the case are the two former employees who came to Starr
for help. The lawyer recommended that they stay out of the matter because they
could be deported once Immigration and Customs Enforcement, one of the
agencies investigating the case, learned about their immigration status.
The two decided to cooperate.
"They said that he hurt too many people," Starr said.
Juan M. Ruiz, president of the Latin American Chamber of Commerce in Utah,
said he has heard complaints from immigrants that The Alcala Law Firm promised
to fix their immigration problems but did nothing after taking their money.
Those allegations are among the reasons the chamber is setting up a hot line
for people to complain, he said.
Ruiz worries these types of abuses will be even more commonplace with the
passage of Senate Bill 81, which requires public employers to verify the legal
status of workers and asks local police to help enforce federal immigration
statutes.
"All of these people that are afraid are a little more prone to fraud,"
Ruiz said. "There's a really good chance that there will be predators."
Authorities are calling The Alcala Law Firm case the largest fraud operation
of its kind to be uncovered in Utah. The alleged conspiracy operated from July
2005 to June 2009 and involved the H-2B visa program, under which employers
petition for permits that allow foreign nationals to work temporarily in the
United States. Investigators say more than 700 petitions filed by the Salt
Lake City firm led to the issuance of more than 5,000 work visas, the majority
of which were fraudulent.
pmanson@sltrib.com
Reporter Marma Villaseqor contributed to this story.
Pleas and arrests are made
A Utah immigration attorney and four of his current or former employees
pleaded not guilty Wednesday to various charges of conspiracy, visa fraud and
inducing undocumented aliens to reside in the United States.
Appearing before U.S. Magistrate David Nuffer in Salt Lake City were James
Hector Alcala, 41, principle attorney of The Alcala Law Firm; Carlos Manuel
Vorher, 43, a firm paralegal and former U.S. Border Patrol agent; Andres
Lorenzo Acosta Parra, 31, a firm employee who had worked as a visa assistant
at the U.S. Consulate in Ciudad Juarez, Mexico; and Gustavo Ballesteros-Munoz,
45, accountant for the law firm.
Nuffer ordered Alcala, Vorher and Acosta Parra released from jail and to be
monitored via ankle bracelets. The magistrate agreed to requests by Alcala and
Vorher that Acosta Parra get the only ankle bracelet available Wednesday
because his wife is expected to give birth this week. Alcala and Vorher will
be released when two more ankle bracelets are available, probably today.
Carlos Enrique Gomez-Alvarez, 41, who was arrested in New York while taking
the bar exam in Buffalo, also entered a not guilty plea in New York on
Wednesday and is expected to be transported to Utah this week.
Ballesteros-Munoz is scheduled to have a hearing today to determine if he will
be released pending trial.
Daniel Trigo Villavicencio, 30, who allegedly described himself as in-house
counsel for The Alcala Law Firm, was arrested Wednesday in Houston.
Two other defendants who worked for the law firm -- Olga Adriana Garza Muniz,
47, and Florentino Jose Ayala Villarreal, 39, both of Mexico -- are not in
custody yet.
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http://www.ksl.com/index.php?sid=7325159
Law firm indicted in immigration fraud scheme July 28, 2009
SALT LAKE CITY -- A federal grand jury has indicted a Salt Lake City law firm
and its employees, accusing it of immigration fraud. Authorities said it is
the largest fraud case of its kind in Utah history.
The indictment unsealed Tuesday afternoon and obtained by KSL NewsRadio
accuses the Alcala Law Firm of visa fraud. The indictment allege firm
employees conspired to fraudulently obtain temporary worker visas for illegal
immigrant employees who were already hired and in the country illegally.
On its website, the Alcala Law Firm bills itself to businesses as able to
"provide expertise to businesses looking for ways to hire and retain legal
foreign workers. Our immigration attorneys have extensive experience in all
INS requirements for guest worker programs such as H-1B and H-2B visas."
The indictment charges the firm with conspiring to obtain visas under false
pretenses for companies who knew their employees were in the country
illegally.
"Notwithstanding this fact, conspirators would instruct the employers and
foreign-national workers with regard to the H-2B visa program," the indictment
said.
At a news conference Tuesday afternoon, federal prosecutors would not say if
the companies -- which include landscapers, roofers, steel and other labor
businesses -- were in on the conspiracy. Some went to the firm thinking they
were legitimately going to get help to solve a problem.
"It's an open investigation," U.S. Attorney for Utah Brett Tolman told KSL
NewsRadio. "We're going to still find out in the next days or weeks or months
the involvement of these companies or individuals."
Among those working for the firm were a former U.S. Border Patrol agent and a
former visa worker at a consulate in Mexico.
Paul Maldonado, deputy special agent in charge with U.S. Immigration and
Customs Enforcement, says, "During the investigation, we learned that Mr.
Alcala often sought to reassure his clients that his actions were above board
by reminding them that his legal team included a former border patrol agent."
Their expertise was key to the fraud, Tolman claimed.
"In order to perpetrate this fraud, they needed to have individuals who had
knowledge and held positions of trust," he said.
In some cases, the indictment alleges documents that would have revealed the
employees to be in the United States would be altered. Some employees would
also be flown to Mexico with paperwork to make it appear as though they had
never entered the U.S., the charging documents state.
The indictment also accuses the firm's employees of seeking more visas from
the federal government than they needed -- in order to pool them. Those visas
may have been handed out to others who didn't work for the companies, said Ed
Moreno with the U.S. State Department.
Moreno could not say what became of the workers who got the estimated 5,000
fraudulently obtained visas. They are likely still in the country, authorities
conceded.
"And that's an abuse of the system and leads to people we really don't want in
this country," Moreno said.
Eight people were arrested Tuesday including James Hector Alcala, 41; Carlos
Manuel Vorher, 43; Carlos Enrique Gomez-Alvarez, 41; Daniel Trigo
Villavicencio, 30; Gustavo Ballesteros-Munoz, 45; Andres Lorenzo Acosta Parra,
31; Florentino Jose Ayala Villarreal, 39; and Olga Adriana Garza Muniz, 47.
They are all due in federal court on Wednesday.
The investigation began 18 months ago and includes multiple government
agencies, including the U.S. Department of Labor, and Immigrations and Customs
Enforcement.
The investigation is ongoing, but authorities say many of the employers
innocently sought advice from the law firm. The status of those who received
visas is still unclear.
Calls to the Alcala Law Firm seeking comment were not immediately returned on
Tuesday.
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http://www.fairus.org/site/News2?page=NewsArticle&id=20099&security=1601&news_iv_ctrl=1721
Texas, Utah Continue Push for Tougher Enforcement Legislation
On Thursday, February 26, Texas Attorney General Greg Abbott issued a legal
opinion that concluded that a proposed state law that would suspend the
business license of any employer that hires illegal aliens would be
constitutional under federal law. The AG found that the legislation proposed
in Texas - which closely mirrors an Arizona law - does not conflict with the
federal government's constitutional role in immigration matters. (Office of
the Attorney General of Texas, February 26, 2009; The Dallas Morning News,
February 27, 2009). The legislation is currently pending in the Texas state
legislature and, if passed, would provide the state with additional
enforcement measures to ensure employers are not hiring illegal aliens, but
instead hire only workers who are authorized to work in the United States.
Meanwhile, on Monday, March 2, Utah lawmakers rejected a last-minute attempt
by supporters of illegal immigration to delay implementation of legislation
which strengthened in-state enforcement measures and barred illegal immigrants
from receiving state benefits. Senate Bill 81, which is set to go into effect
on July 1, 2009, includes provisions that: (1) require that public employers
and state contractors use a "Status Verification System" to confirm that newly
hired employees are eligible to work in the United States; (2) make it
illegal for an employer to discharge U.S. citizen workers and replace them
with illegal workers; (3) mandate applicants for public benefits demonstrate
legal presence in the United States; and (4) empower local law enforcement to
inquire about the citizenship and immigration status of arrestees. (Utah
State Bar, July 16, 2008). The attempt to postpone implementation of the new
law until July 1, 2010 died when the committee lacked enough votes to send the
bill to the Senate floor. (The Salt Lake Tribune, March 3, 2009).
Also on March 2, the Utah House of Representatives passed House Bill 64 by the
overwhelming margin of 69-5. If passed in its present form, House Bill
64 would create a state Attorney General-run Fraudulent Documents
Identification Unit, the primary goal of which would be to pursue and
prosecute immigration-related fraudulent document cases. This bill is
currently being considered by the Utah Senate. (Utah House of
Representatives, H.B. 64 Substitute Bill Tracking, March 4, 2009; KCPW Radio,
March 4, 2009; The Salt Lake Tribune, March 5, 2009). Utah's legislative
session ends on Thursday, March 12.
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