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Sridevi Aiyaswamy, Huge H1-B Visa Fraud

She has pled guilty.

Defendant was present and out of custody. Defendant was sworn-in by the Courtroom Deputy.
A Plea Agreement was EXECUTED in open court. Defendant ENTERED a guilty plea as to
Counts One (1), Two (2), and Four (4) of the Indictment (ECF No. 1). The Court ACCEPTED
the plea and found the Defendant made a knowing, intelligent, free and voluntary waiver of
rights and entry of a guilty plea. The Court also finds there is an independent and factual basis
for each count.

Sridevi Aiyaswamy, 50, lied on more than 25 I-129 forms used to apply for the visas, claiming workers had standing job offers from Cisco when in reality no such jobs existed.

San Jose Businesswoman Pleads Guilty To Tech Worker Visa Fraud

Defendant Submitted False Contracts, Forged Signatures of Cisco Employees to Federal Government In Scheme to Obtain H-1B Visas Under False Pretenses

SAN JOSE, CA – A San Jose businesswoman pleaded guilty in federal court today to three counts of visa fraud, announced U.S. Attorney Brian J. Stretch Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.  The guilty plea was accepted by the Honorable Lucy H. Koh, U.S. District Judge.

In pleading guilty, Sridevi Aiyaswamy, 50, of San Jose, admitted that between April 2010 and June 2013 she made numerous false statements, and submitted over 25 fraudulent documents, to the United States Citizenship and Immigration Services (USCIS) for the purpose of obtaining H-1B non-immigrant classifications for skilled foreign workers.  Acting as a petitioner on behalf of foreign worker beneficiaries, Aiyaswamy falsely represented in I-129 petitions that the foreign worker beneficiaries would be working at Cisco, an information technology and networking company in San Jose, Calif.  Aiayswamy further submitted counterfeit statements of work with forged signatures as back-up documentation to the I-129 petitions.  In fact, at the time she submitted these documents to USCIS, Aiyaswamy knew that the statements regarding offers of work from Cisco for these beneficiaries were false statements, and that Cisco had not made any offers of employment regarding these individuals.

A federal grand jury indicted Aiyaswamy on December 3, 2015, charging her with 34 counts of visa fraud, in violation of 18 U.S.C. § 1546(a).  Pursuant to today’s pea agreement, Aiyaswamy pleaded guilty to three of the counts of visa fraud and the government agreed to request dismissal of the remaining counts.

Aiyaswamy is currently free on bond.  Judge Koh scheduled her sentencing for November 15, 2017, at 9:15 a.m.  The maximum statutory penalty for visa fraud is 10 years in prison and a $250,000 fine.  However, any sentence following conviction will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorneys John Bostic and Jeff Nedrow are prosecuting the case with the assistance of Laurie Worthen and Susan Kreider.  The prosecution is the result of an investigation led by HSI.  U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security also assisted with the investigation.

Abuse of the Civil Asset Forfeiture Law

Related reading: The Myth of Judicial Activism

The Supreme Court struck down less than 1% of the federal laws passed over a 50-year period.

*** Questions must be asked why is the Justice Department re-applying this program and to what end?

Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture.

For forfeitures pursuant to the Controlled Substances Act (CSA), Racketeer Influenced and Corrupt Organizations (RICO), as well as money laundering and obscenity statutes, there is an ancillary hearing for third parties to assert their interest in the property. Once the interests of third parties are addressed, the court issues a final forfeiture order.

Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.

Administrative forfeiture is an in rem action that permits the federal seizing agency to forfeit the property without judicial involvement. The authority for a seizing agency to start an administrative forfeiture action is found in the Tariff Act of 1930, 19 U.S.C. § 1607. Property that can be administratively forfeited is: merchandise the importation of which is prohibited; a conveyance used to import, transport, or store a controlled substance; a monetary instrument; or other property that does not exceed $500,000 in value.

Source: A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies, U.S. Department of Justice, March 1994.

Participants And Roles

The Justice Asset Forfeiture Program includes activity by DOJ components and several components outside the Department. Each component plays an important role in the Program.

Department of Justice Components

Money Laundering and Asset Recovery Section (MLARS) of the Criminal Division holds the responsibility of coordination, direction, and general oversight of the Program. AFMLS handles civil and criminal litigation, provides legal support to the U.S. Attorneys’ Offices, establishes policy and procedure, coordinates multi-district asset seizures, administers equitable sharing of assets, acts on petitions for remission, coordinates international forfeiture and sharing and develops training seminars for all levels of government.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces the federal laws and regulations relating to alcohol, tobacco, firearms, explosives and arson by working directly and in cooperation with other federal, state and local law enforcement agencies. ATF has the authority to seize and forfeit firearms, ammunition, explosives, alcohol, tobacco, currency, conveyances and certain real property involved in violation of law.

Drug Enforcement Administration (DEA) implements major investigative strategies against drug networks and cartels. Enforcement operations have resulted in significant seizure and forfeiture activity. A significant portion of DEA cases are adopted from state and local law enforcement agencies.

Federal Bureau of Investigation The FBI investigates a broad range of criminal violations, integrating the use of asset forfeiture into its overall strategy to eliminate targeted criminal enterprises. The FBI has successfully used asset forfeiture in White Collar Crime, Organized Crime, Drug, Violent Crime and Terrorism investigations. See the FBI Investigative Programs Asset Forfeiture Home Page for more information.

United States Marshals Service as the primary custodian of seized property for the Program. USMS manages and disposes of the majority of the property seized for forfeiture. See their Seized Asset Information page and their National Sellers List for more information.

United States Attorneys’ Offices (USAOs) are responsible for the prosecution of both criminal and civil actions against property used or acquired during illegal activity.

Asset Forfeiture Management Staff (AFMS): Has responsibility for management of the Assets Forfeiture Fund, the Consolidated Asset Tracking System (CATS), program-wide contracts, oversight of program internal controls and property management, interpretation of the Assets Forfeiture Fund statute, approval of unusual Fund uses, and legislative liaison on matters affecting the financial integrity of the Program.

Components Outside the Department of Justice

There are several organizations outside the Department of Justice who participate in the DOJ Asset Forfeiture Program. This list may change as additional agencies and offices become part of the DOJ program. These agencies participate in Judicial forfeitures only.

United States Postal Inspection Service (USPIS) makes seizures under their authority to discourage profit-motivated crimes such as mail fraud, money laundering and drug trafficking using the mail.

Food and Drug Administration FDA’s Office of Criminal Investigations has made seizures involving health care fraud schemes, counterfeit pharmaceuticals, illegal distribution of adulterated foods, and product tampering.

United States Department of Agriculture, Office of the Inspector General USDA’s Office of Inspector General’s (OIG) mission is to promote effectiveness and integrity in the delivery of USDA agricultural programs. Forfeiture is integrated as an important law enforcement tool in combating criminal activity affecting USDA programs.

Department of State, Bureau of Diplomatic Security The Bureau of Diplomatic Security investigates passport and visa fraud and integrates asset forfeiture into our strategy to target the profits made by vendors who provide fraudulent documentation or others who utilize fraudulent visas and/or passports to further their criminal enterprises.

Defense Criminal Investigative Service (DCIS) is the criminal investigative arm of the Inspector General of the Department of Defense. The mission of DCIS is to protect America’s War fighters by conducting investigations and forfeitures in support of crucial National Defense priorities that include homeland security/terrorism, product substitution, contract fraud, public corruption, computer crimes, and illegal technology transfers. ”

The Comprehensive Crime Control Act of 1984 established the Department of Justice Assets Forfeiture Fund to receive the proceeds of forfeiture and to pay the costs associated with such forfeitures, including the costs of managing and disposing of property, satisfying valid liens, mortgages, and other innocent owner claims, and costs associated with accomplishing the legal forfeiture of the property.

The Attorney General is authorized to use the Assets Forfeiture Fund to pay any necessary expenses associated with forfeiture operations such as property seizure, detention, management, forfeiture, and disposal. The Fund may also be used to finance certain general investigative expenses. These authorized uses are enumerated in 28 U.S.C. §524(c). Read more here.

Charlie’s Parents End the Fight for his Life

Charlie Gard case: Parents withdraw application to bring sick baby to US

FNC: With tears streaming down their faces, the parents of terminally ill baby Charlie Gard on Monday withdrew their application seeking to take the child to the United States for an experimental medical treatment, with the couple’s lawyer announcing “the window of opportunity has been lost.”

Attorney Grant Armstrong said at London’s High Court it was too late for the 11-month-old child to receive treatment. Recent medical tests revealed Charlie has irreversible muscular damage.

“It’s too late for Charlie,” Armstrong said. “The damage has been done.”

Charlie’s parents, Chris Gard and Connie Yates, cried in the courtroom as the lawyer announced the news — their last bid to seek permission to take their child to the U.S. for treatment.

“As Charlie’s devoted and loving parents we have decided that it’s no longer in Charlie’s best interests to pursue treatment and we will let our son go and be with the angels,” Yates said in court.

The couple was expected to present new evidence in court on Monday, but they arrived in court to say the dragged out case has wasted “time. A whole lot of wasted time.”

“Had Charlie been given the treatment sooner he would have had the potential to be a normal, healthy little boy,” Yates said, referencing the recent medical test that ultimately led to the couple’s decision to withdraw.

“I only wanted to give him a chance at life,” Yates said. “We will always know in our hearts that we did the very best for Charlie and I hope that he is proud of us for fighting in his corner.”

Charlie, who was born on Aug. 4, 2016, suffers from a rare genetic condition, Mitochondrial DNA depletion syndrome. He has brain damage and is unable to breathe on his own. Doctors at Great Ormond Street Hospital, where Charlie has been treated since last October, have been locked in a prolong court battle, claiming more treatment would only cause pain to the child. They have argued to switch off Charlie’s life support to allow him to die peacefully.

But Charlie’s parents dispute the claim and have argued that their child should receive every possible treatment until his death.

Debbie Wasserman Schultz, the Smashed Hard Drives and the FBI

EXCLUSIVE: FBI Seized Smashed Hard Drives From Wasserman Schultz IT Aide’s Home

FBI agents seized smashed computer hard drives from the home of Florida Democratic Rep. Debbie Wasserman Schultz’s information technology (IT) administrator, according to an individual who was interviewed by Bureau investigators in the case and a high level congressional source.

Pakistani-born Imran Awan, long-time right-hand IT aide to the former Democratic National Committee (DNC) Chairwoman, has since desperately tried to get the hard drives back, the individual told The Daily Caller News Foundation’s Investigative Group.

The congressional source, speaking on condition of anonymity because of the sensitivity of the probe, confirmed that the FBI has joined what Politico previously described as a Capitol Police criminal probe into “serious, potentially illegal, violations on the House IT network” by Imran and three of his relatives, who had access to the emails and files of the more than two dozen House Democrats who employed them on a part-time basis.

Related reading on the same case: Democrats Version of Vetting, Ethics Violations and Terror

Capitol Police have also seized computer equipment tied to the Florida lawmaker.

Awan’s younger brothers, Abid and Jamal, his wife, Hina Alvi, and Rao Abbas, Imran’s best friend, are also under investigation. There have been no arrests in the case.

There is also evidence of financial schemes that extend beyond the Capitol Police’s purview and may expand to Pakistan, where Imran spends significant portions of the year.

Speaker of the House Paul Ryan said in March that the Capitol Police are “getting the kind of technical assistance they need to do that. This is under an active criminal investigation, their capabilities are pretty strong but, they’re also able to go and get the kind of help they need from other sources.”

The brothers’ stepmother independently filed court documents in Virginia accusing the brothers of wiretapping and extorting her.

Soon after Imran began working for Wasserman Schultz in 2005, his two brothers and two of their wives — plus Abbas and another friend — began appearing as IT staffers on the payrolls of other House Democrats. Collectively, the Awan group has been paid $4 million since 2009.

Fellow IT staffers interviewed by TheDCNF said the Awans were often absent from weekly meetings and email exchanges. One of the fellow staffers said some of the computers the Awans managed were being used to transfer data to an off-site server.

Shortly after the criminal probe was revealed in February, Imran abruptly moved out of his longtime home on Hawkshead Drive in Lorton, Va., and listed it for rent on a website that connects landlords with military families.

One of new tenants — a Marine Corps veteran married to a female Navy Officer — said he found “wireless routers, hard drives that look like they tried to destroy, laptops, [and] a lot of brand new expensive toner.”

The tenants called the Naval Criminal Investigative Service, and not long after, FBI agents arrived together with the Capitol Police to interview them and confiscate the equipment. The Marine spoke on condition of anonymity because of concerns for his wife’s naval career, saying she doesn’t want to be associated with a national security incident.

“It was in the garage. They recycled cabinets and lined them along the walls. They left in a huge hurry,” the Marine said. “It looks like government-issued equipment. We turned that stuff over.”

Wasserman Schultz resigned as DNC chief in July 2016 after the committee’s IT system was hacked. She has since refused to fire Imran despite learning that he is a target of a criminal investigation.

The Marine said Imran wanted the hard drives back so desperately that he threatened to sue the renter for stealing them.

“It was unbelievable. I don’t know where they get off thinking they’re going to sue us for items we have no obligation to hold onto,” he said.

Imran came to the house for the items “three to four times,” but the Marine wouldn’t let him enter.

“Their lawyer contacted us today via email and said we owed $350 in late charges and the items he left in the house,” the Marine said.

The Marine heard about the House investigation on the radio, and by that time, he had noticed other bizarre signs of desperation from his landlord.

“When we first moved in, a mailman came with certified mail from the House of Representatives. We were trying to be nice and signed for it. They lost their shit, saying ‘why did you sign for it, this is illegal!’ It was certified from the [Chief Administrative Officer of the House],” he said.

“The postman came a second time with a certified letter and I called Imran on the spot, asking ‘what do you want me to do.’” He said ‘just send him away, I’m homeless.’ They refused to forward their mail.”

Imran’s brother Abid has also been evasive about his location, failing to provide an accurate address for delivery of court materials in a lawsuit in which he is accused of defrauding the brothers’ stepmother. Imran’s wife, Hina, has traveled to Pakistan since the probe was revealed, according to neighbors.

Wasserman Schultz has demanded return of a laptop seized by the Capitol Police because it was purportedly used by Imran and was found hidden in a vacant office. The Florida Democrat used a Capitol Police budget hearing to threaten “consequences” for them if the laptop wasn’t returned.

On Thursday it was reported that police have not examined its contents because of the invocation of the Constitution’s “Speech and Debate clause,” and after months of refusal, her lawyer is now “negotiating” access to the data on yet-to-be-determined terms.

Members have been unusually mum about the apparent cybersecurity breach, especially given the pattern of cyberattacks on other government and political institutions.

The Marine expressed disgust with the muted reaction, saying “I served in the Marine Corps for 14 years; if I downloaded files to an offsite server, I’m going to prison for a lot of years.”

He implied he’s a Democrat but said when it comes to national security “political ideology doesn’t matter.”

He believes “there’s no way they could get this far without help” from some of the Democratic members of Congress for whom the brothers worked. Other Democrats have ignored a major security breach because it could look like a “black eye” in that they failed to vet the Pakistanis, he said.

“He’s dangerous. This is a crime syndicate that has successfully indicated Congress,” he said.

“If Donald Trump and the Republicans had hired foreign nationals to be their top IT guys and somehow their congressional files had been compromised, this would have been all over the news,” he continued.

A Bureau spokesman said the “FBI does not have anything to provide on this and I will still have to refer you to [Capitol Police] for any public comment.”

 

Kushner’s Chinese EB-5 Investment Ploy

Exclusive: Jared Kushner’s White House connection still being used to lure Chinese investors

CNN: Jared Kushner’s status as a top aide to President Donald Trump was used to lure Chinese investors to his family’s New Jersey development, even after his family’s company apologized for mentioning his name during a sales pitch in May, CNN has found.

References to Kushner are part of online promotions by two businesses that are working with Kushner Companies to find Chinese investors willing to invest in the 1 Journal Square development in exchange for a US visa.
The promotions are posted in Chinese and refer to Kushner Companies as “real estate heavyweights,” going on to mention “the celebrity of the family is 30-something ‘Mr. Perfect’ Jared Kushner, who once served as CEO of Kushner Companies.”
One posted online in May by the company US Immigration Fund, a private business based in Florida, also contains a reference to Kushner’s appearance on the cover of December’s Forbes Magazine, under the headline “This guy got Trump elected.” The post was removed shortly after CNN contacted the company for comment.

For US Immigration Fund’s WeChat page: click here 

 The promotions are aimed at bringing in investors who pay at least $500,000 apiece and in exchange get US visas, and potentially green cards, for themselves and their families if the development meets certain criteria. The deals are part of a legal US government program called EB-5, which grants up to 10,000 immigrant visas per year.
One webpage posted in March by Chinese company Qiaowai that remains on the company’s page on the popular Chinese social media site WeChat mentions Trump and suggests he supports the program: “Even some members of Trump’s family have participated in the growth of the EB-5 program … the “Kushner 88″ panoramic New Jersey apartment project … The lead developer on the now-completed project was Kushner Companies which is linked to Trump’s son-in-law, Jared Kushner.” It goes on to say, “Given this, in the Trump era, the EB-5 program is likely to receive support and be expanded.”

From Qiaowai WeChat page: click here

 A Kushner Companies spokesperson, in response to CNN’s questions about the webpages, said “Kushner Companies was not aware of these sites and has nothing to do with them. The company will be sending a cease and desist letter regarding the references to Jared Kushner.”
A former White House ethics expert tells CNN the EB-5 program already raises a potential government-backed quid pro quo — favorable immigration status in exchange for investment dollars. And he says any use of the President’s son-in-law as a marketing tool is ethically unacceptable.
“What is not authorized is any arrangement where someone gets preference for their visa if they give money to a company that is controlled by the family of a United States government official,” said Richard Painter, a former chief ethics lawyer for President George W. Bush.
“And unfortunately,” says Painter, “that implication was made in the selling efforts for this project.”
Painter is referring to an investment “road show” that Nicole Meyer attended in May in Beijing. Meyer, the sister of Jared Kushner, was speaking at an event in which she was trying to attract wealthy Chinese investors to the 1 Journal Square project.
During the presentation, Meyer reminded investors of her brother’s recent role in American politics: “In 2008, my brother Jared Kushner joined the family company as CEO,” Meyer told a crowd, adding he “recently moved to Washington to join the administration.”
The comments coincided with a visual display, which included a photograph of Trump.
Meyer’s comments led to strong criticism that the Kushner family was using Jared Kushner to attract investment dollars through the EB-5 program.
The company quickly apologized, and separately, Jared Kushner’s attorney released a statement saying Kushner had no knowledge of the promotion and was no longer involved financially in the 1 Journal Square project.
“As previously stated, he will recuse from particular matters concerning the EB-5 visa program,” Kushner’s attorney, Blake Roberts, said in a statement.
US Immigration Fund, a company based in Jupiter, Florida, seemed to blame others for the post, saying in a statement, “The post in question was originally posted by a 3rd party immigration consultancy firm on its company WeChat and was reposted to USIF’s WeChat by the company’s Chinese social media consultant. The post is several months old and hasn’t had any interaction by followers, however, it has since been removed from the company WeChat.”
Qiaowai, a Chinese immigration company that organized the events where Kushner’s sister spoke, did not respond to CNN’s request for comment. The webpage on its WeChat site that references Kushner remained online as of Wednesday afternoon.
EB-5 investment advisor Michael Gibson tells CNN it makes sense that the companies marketing the Kushner project in China have continued to use Kushner’s name to promote their project, because he says Chinese investors are drawn to developments they believe are backed by individuals with government connections: “They want to make sure they get the green card,” Gibson told CNN. “So if they see a public official associated with the project that gives them the impression that this project is safe enough for them to invest in.”
The EB-5 program has faced criticism for straying from its original intent. The program was designed by Congress in the 1990s to bring foreign money into rural and blighted urban areas to spark development and job growth.
After the economic recession of 2008, the program began expanding to become a low-interest source of income for developers who have used EB-5 investment money to fund high-end residential towers and retail projects in areas like Manhattan, Jersey City, New Jersey, and Miami.
Gary Friedland, a scholar in residence at New York University’s Stern School of Business who has studied the program, said developers have found ways to manipulate census tract data to place their projects within “targeted employment areas,” which legally reduces the amount investors must pay — down from $1 million to $500,000 — to qualify for EB-5 benefits.
Emails obtained by CNN from the New Jersey Department of Labor and Workforce Development show a representative for US Immigration Fund in January asked a New Jersey official to issue a letter certifying the Kushner’s 1 Journal Square as within an area with low employment.
After an official responded that the project did not qualify due to its location within a census tract with an unemployment rate below the national average, a consultant for another company asked that the state combine six census tracts together. Days later, the state approved the Kushner Companies’ project, documents show.
Friedland says practices like this allow luxury developers to take advantage of incentives meant to lure investments to lower-income areas: “The money flows to affluent areas, not the targeted areas Congress intended to benefit,” he said.
On June 1, three Democratic lawmakers wrote a letter to Kushner Companies current president Laurent Morali asking for an explanation on the company’s ongoing use of the EB-5 program and the nature of its relationships with Qiaowai and US Immigration Fund.
Kushner Companies has not yet responded to the letter, according to the office of Sen. Patrick Leahy, D-Vermont.