Business Owners Sentenced for Employing Illegal Aliens

PILI CHEN, 56, of Norcross, Georgia, who was both an employment agency owner and driver, was sentenced today (April 21) by United States District Judge Timothy C. Batten, Sr. for recruiting and employing illegal aliens in Chinese restaurants, where they were provided housing and transportation to work. Today’s sentencing follows the January 2011 sentencings in a related case of owners and operators of a neighboring agency and a Chinese restaurant in the Atlanta area.

United States Attorney Sally Quillian Yates said of the case, “These defendants not only broke the law by employing workers who were illegally in the United States, they exploited the workers by subjecting them to long shifts, substandard pay, and poor working conditions. As this case shows, we will hold employers responsible—including business owners and managers—who attempt to gain an unlawful economic advantage by hiring employees who are not permitted to be in the United States.”

“These sentencings send a clear message that there are real consequences for willfully recruiting and employing an illegal workforce,” said Brock Nicholson, Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) in Atlanta. “Working in conjunction with our law enforcement partners, we will continue to aggressively target those who take advantage of illegal labor to make a profit.”

FBI Atlanta Special Agent in Charge Brian D. Lamkin said, “This case was the result of a joint FBI/ICE operation which shut down a network that not only recruited and employed illegal aliens but exploited their vulnerabilities. Human trafficking, no matter what the underlying purpose is for, is a process of systematically exploiting others for personal gain. The FBI remains committed in its endeavor of combating human trafficking in all of its many and varied forms, including alien smuggling.”

PILI CHEN, 56, of Norcross, Georgia, was sentenced to one year and four months in prison to be followed by three years’ supervised release. On January 31, 2011, Judge Evans sentenced three defendants. AI LIN FU, 41, of Norcross, Georgia, was sentenced to one year and two months in prison. SAU TING CHENG, 42, of Duluth, Georgia, was sentenced to 10 months in prison and a $3,000 fine. LIANG FENG CHEN, 33, of Duluth, Georgia, was sentenced to two years’ probation, including three months of home confinement, and a $1,000 fine. FU, CHENG, and PILI CHEN’s prison sentences are to be followed by three years of supervised release.

According to United States Attorney Yates, the charges, and other information presented in court: PILI CHEN and co-defendant XIAO PING LI, owned and operated an employment agency named “New Fuzhou” in Chamblee, Georgia, while AI LIN FU owned and operated a similar agency, “Zhong Mei Employment Agency,” in the same Chamblee shopping center.

The agencies obtained employment for illegal aliens, primarily undocumented Mexican workers, across the eastern United States. Neither agency required or requested any proof that the aliens had permission to be or work in the United States. They advertised in Chinese language newspapers and on the Internet. Employers called the agencies and requested workers for various jobs, usually in the kitchens of Chinese restaurants. The agencies charged the illegal aliens a commission and transportation fee to place them in the job and drive them there, and in some cases charged the restaurant owners, who deducted the fees from their illegal workers’ modest pay. FU’s husband and co-defendant, XIAN CHEN, operated Zhong Mei Employment Agency with FU and drove workers to the restaurants. PILI CHEN operated New Fuzhou with his wife XIAO PING LI, and also transported the workers. The employment agencies used paid drivers to minimize contact between the illegal aliens and the outside world, including law enforcement. XIAN CHEN fled to Canada after the indictment and has been ordered extradited to the United States. XIAO PING LI remains a fugitive.

SAU TING CHENG owned and operated a Chinese restaurant in Duluth, Georgia, named “Grand Buffet and Grill.” LIANG FENG CHEN was the manager at the restaurant. CHENG and CHEN hired illegal aliens through Zhong Mei Employment Agency. To better monitor the workers and shield them from detection, CHENG housed them at a nearby apartment complex and had them transported to and from work in 15-passenger vans. She also paid the workers in cash to avoid paying unemployment taxes. As the restaurant manager, CHEN participated in the pattern of hiring and employing the workers, knowing that the aliens were unauthorized to work in the United States, and pleaded guilty to a misdemeanor for his more limited role in the scheme.

These cases were part of a larger operation in June 2010 that involved the separate indictments of the owners and drivers of four employment agencies at 3146 Chamblee Dunwoody Road and the administrative arrests of 39 illegal aliens associated with the agencies and restaurants.

This case was investigated by special agents of U.S. Immigration and Customs Enforcement (HSI), Department of Homeland Security, and the Federal Bureau of Investigation.

Assistant United States Attorneys Brian M. Pearce and Stephen H. McClain prosecuted the cases.

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Owners of Employment Agencies and Restaurants Indicted

Five individuals have been indicted by a federal grand jury in three separate indictments on charges of conspiring to induce undocumented aliens to enter and remain in the United States by providing them with employment, predominantly at Chinese restaurants, all for commercial gain. In addition, three more individuals were arrested yesterday on criminal complaints and are expected to have their bond hearings and arraignments today before United States Magistrate Judge Janet F. King.

United States Attorney Sally Quillian Yates said, “These defendants allegedly provided jobs that frequently exploited the workers by subjecting them to long shifts, six days a week, often with substandard pay and living conditions. On top of that, the defendants took large deductions from the workers’ pay to reimburse themselves for the costs of the employment agencies’ illegal services.”

“We are focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces and by exploiting illegal aliens,” said ICE Acting Special Agent in Charge, Robert Andrews. “By joining forces with the FBI, we will continue rooting out this criminal activity. The message is clear: all employers must play by the rules.”

FBI Atlanta Special Agent in Charge Brian D. Lamkin said, “Yesterday and today's joint FBI/ICE operation should serve as notice to those individuals and businesses that traffic and exploit undocumented immigrants. The FBI remains committed to working with U.S. ICE agents as we enforce federal law.”

The three indictments were unsealed after ICE and FBI conducted joint field operations to arrest the defendants and execute search warrants yesterday and today. Named in the indictments as part of the criminal conspiracies are:

* PILI CHEN, 55, of Tucker, Georgia;
* AI LIN FU, 40, of Norcross, Georgia;
* CHUN YAN LIN, 44, of Chamblee, Georgia;
* XIANG MEI KE, 32, of Duluth, Georgia; and
* JING XING JIANG, 42, of Lawrenceville, Georgia;

According to United States Attorney Yates, the charges and other information presented in court: CHUN YAN LIN, AI LIN FU and PILI CHEN, owned employment agencies, named “New Fuzhou,” “Zhong Mei,” and “Lucky,” all in Chamblee, Georgia, and conspired with others to transport and provide jobs to illegal aliens. The agency owners primarily placed the illegal aliens mainly in restaurant jobs in South Carolina, Pennsylvania, Tennessee, Mississippi, and Georgia. The employment agencies did not require or request any proof that the aliens had permission to be or work in the United States. The employment agencies allegedly advertised in Asian language newspapers and on the Internet. They charged the undocumented aliens a commission and transportation fee to place them in a restaurant or other job site and to drive them there, or in some cases charged the restaurant owners, who deducted the fees from their illegal workers’ modest pay. Another individual arrested yesterday during the ICE/FBI joint enforcement operation, CHUNBIAO XU, 33, of Norcross, Georgia, now faces the same charges as the other employment agency defendants.

Co-conspirators XIANG MEI KE and JING XING JIANG owned and operated restaurants, named “Hong Kong Super Buffet,” in Gainesville, Georgia, and “Fuji Buffet,” in Lawrenceville, Georgia, where they used undocumented aliens brokered by the conspiring employment agencies. The restaurant owners often provided housing, sometimes in their own houses, to the workers in order to better monitor them and shield them from detection, and paid the workers in cash to avoid paying unemployment taxes. Also arrested yesterday were LIANG FENG CHEN, 32, and SAU TING CHENG, 41, both of Duluth, Georgia, who owned and operated “Grand Buffet and Grill,” a restaurant in Duluth, Georgia, and were charged in criminal complaints with conspiracy to encourage and induce aliens to reside illegally in the United States.

PILI CHEN also allegedly transported the undocumented aliens in a private vehicle from the employment agencies to the illegal job sites. The employment agencies used paid drivers to minimize contact between the undocumented aliens and the outside world, including law enforcement.

All defendants face federal charges of conspiring to induce undocumented aliens to enter and remain in the United States by providing them with employment, predominantly at Chinese restaurants, all for commercial gain. AI LIN FU faces additional charges of transporting aliens for the purpose of commercial advantage and private financial gain, in reckless disregard of the fact that the aliens were in the United States and remained here in violation of the law. This joint ICE/FBI investigation continues.

During yesterday’s joint operation, 39 individuals were administratively detained by ICE for being in the United States without documentation. Their cases are expected to be handled administratively and they are expected to be deported from the United States.

The conspiracy charge carries a maximum sentence of up to 10 years in federal prison and a fine of up to $250,000. The transportation charge also carries a maximum sentence of up to 10 years in federal prison and a fine of up to $250,000. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.

This case is being investigated by special agents from U.S. Immigration and Customs Enforcement, Department of Homeland Security, and the Federal Bureau of Investigation.

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Head of English Language School Sentenced to Federal Prison for Immigration Fraud Conspiracy

SONGWOO SHIM, 48, of Lawrenceville, Georgia, was sentenced today by United States District Judge Charles A. Pannell, Jr. to serve three years, 10 months in federal prison for conspiring to encourage and induce aliens to reside unlawfully in the United States and for manufacturing fraudulent visa documents.

Acting United States Attorney Sally Quillian Yates said, “This defendant obtained approval from the Department of Homeland Security to operate an English language school by submitting a fraudulent application. He then used the school as a front for manufacturing and selling fraudulent immigration documents to hundreds of unlawful aliens who were not entitled to remain in the United States. The sentence handed down today is appropriate for his fraudulent scheme to circumvent the immigration laws of the United States.”

“Immigration fraud poses a serious threat to national security and public safety. It creates a vulnerability that may enable terrorists, criminals, and illegal aliens to enter and remain in the United States,” said Kenneth Smith, Special Agent in Charge of ICE's Office of Investigations in Atlanta. “ICE will not tolerate this flagrant violation of law and will continue to bring these violators to justice.”

SHIM was sentenced to three years, 10 months in prison to be followed by three years of supervised release, and ordered to forfeit $24,000 seized related to the case. SHIM was convicted of these charges on June 4, 2009 after pleading guilty.

According to Acting United States Attorney Yates, the charges and other information presented in court: SHIM submitted a fraudulent I-17 petition to the United States Department of Homeland Security (DHS), Student and Exchange Visitor Program (SEVP), supported by letters purportedly issued by three educational institutions of higher learning. SEVP is the DHS program that provides approval and oversight to schools authorized to enroll nonimmigrant students. Non-accredited educational institutions seeking SEVP certification must submit letters from three institutions that are accredited by the United States Department of Education stating that the institutions have accepted transfer credits unconditionally on behalf of the students. The three letters submitted by SHIM in support of the I-17 petition for HLLC were forged or fraudulently obtained without the knowledge of the accredited institutions that purportedly issued the letters. In July 2006, DHS awarded SEVP-approved status to Humana Language Learning Center in Duluth, which SHIM managed and operated, based on the fraudulent I-17 petition he submitted.

After SHIM fraudulently obtained SEVP certification for Humana Language Learning Center, he and other individuals acting at his direction, including co-defendant IN YOUNG PARK, 36, of Duluth, Georgia, began facilitating the issuance of F-1 student visas to foreign-born individuals who were not eligible for those visas. SHIM, PARK, and others acting at SHIM’s direction manufactured and provided false documents, including resumes, school transcripts, diplomas, financial plans and statements, and I-94 forms, to the aliens to be used in support of applications for F-1 nonimmigrant student status. SHIM maintained document labs with computer equipment and files, first in an apartment in Alpharetta and then at an apartment in Duluth, where the fraudulent documents were manufactured. Although Humana Language Learning Center reported to DHS that it had enrolled hundreds of students, the vast majority of the aliens who obtained F-1 status never attended Humana Language Learning Center. SHIM charged the aliens thousands of dollars, purportedly as “tuition,” but actually for the fraudulent documents he provided them for the purpose of obtaining F-1 status.

PARK was convicted on June 12, 2009, after pleading guilty to conspiring with SHIM to encourage and induce aliens to reside unlawfully in the United States and to manufacture fraudulent immigration documents. PARK worked for SHIM and was responsible for creating the fraudulent documents in the two document labs. On August 11, 2009, Judge Pannell sentenced PARK to two years, three months in federal prison to be followed by three years of supervised release. Upon her release from prison, PARK, who is not a United States citizen, will be turned over to immigration authorities for proceedings to remove her from the United States.

This case was investigated by Special Agents of the Department of Homeland Security, Immigration and Customs Enforcement, and the Federal Bureau of Investigation, assisted by other law enforcement agencies in the Document and Benefit Fraud Task Force.

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Head of English Language School Pleads Guilty to Immigration Fraud Conspiracy

SONGWOO SHIM, 47, of Lawrenceville, Georgia, pleaded guilty June 4 in federal district court to conspiracy to encourage and induce aliens to reside unlawfully in the United States, to manufacture fraudulent immigration and government identification documents, and to make false statements under oath on applications submitted to the Department of Homeland Security, Student and Exchange Visitors Program.

United States Attorney David E. Nahmias said, "This defendant quickly pleaded guilty, and for good reason. The investigation clearly showed that he fraudulently obtained approval from the Department of Homeland Security to operate an English language school, by submitting an application that contained false statements and that was supported by fraudulent documents. Then he used the school as a front for his real business: manufacturing and selling fraudulent immigration documents to dozens of so-called 'students,' most of whom never attended the school, and who were not legally entitled to remain in the United States. Now he will face federal prison."

Kenneth Smith, Special Agent in Charge of ICE's Office of Investigations in Atlanta said, "ICE strives to protect the integrity of our immigration system from those who attempt to abuse it by detecting and dismantling these fraud schemes. Disrupting these types of operations is crucial to stopping dangerous criminals and even potential terrorists from fraudulently entering the U.S. and obscuring their identities. ICE is committed to continue working with its law enforcement partners to identify arrest and prosecute those who violate our laws. Those who engage in illegal activity should know that we will hold them accountable for their actions."

According to United States Attorney Nahmias and the information presented in court: SHIM submitted a fraudulent I-17 petition to the United States Department of Homeland Security (DHS), Student and Exchange Visitor Program (SEVP), supported by letters supposedly issued by three educational institutions of higher learning. SEVP is the DHS program that provides approval and oversight to schools authorized to enroll nonimmigrant students. Non-accredited educational institutions seeking SEVP certification must submit letters from three institutions that are accredited by the United States Department of Education stating that the institutions have accepted transfer credits unconditionally on behalf of the students. The three letters submitted by SHIM in support of the I-17 petition for HLLC were forged or fraudulently obtained without the knowledge of the accredited institutions that supposedly issued the letters. In July 2006 DHS awarded SEVP-approved status to Humana Language Learning Center in Duluth, which SHIM managed and operated, based on the fraudulent I-17 petition he submitted.

After SHIM fraudulently obtained SEVP certification for Humana Language Learning Center, he and other individuals acting in concert with him, or at his direction, began facilitating the issuance of F-1 student visas to foreign-born individuals who were not eligible for those visas. Shim, or persons acting at his direction, manufactured and provided false documents, including resumes, school transcripts, diplomas, financial plans and statements, and I-94 forms, to the aliens to be used in support of applications for F-1 nonimmigrant student status. Shim maintained document labs with computer equipment and files, first in an apartment in Alpharetta and then at an apartment in Duluth, where the fraudulent documents were manufactured. Although Humana Language Learning Center reported to DHS that it had enrolled hundreds of students, the vast majority of the aliens who obtained F-1 status never attended Humana Language Learning Center. SHIM charged the aliens thousands of dollars, purportedly as "tuition" payments, but actually for the fraudulent documents he provided them for the purpose of obtaining F-1 status.

SHIM was indicted in April 2009. He pleaded guilty to one count of conspiracy to defraud the United States. He could receive a maximum sentence of 5 years in prison and a fine of up to $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Sentencing is scheduled for August 10, 2009, at 2p.m., before United States District Judge Charles A. Pannell, Jr.

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Co-Conspirators Sentenced to Prison for Alien Harboring Crimes

PIK TO CHENG, 49, a/k/a “Shirley Wise,” of Norcross, Georgia; LIN CHEN, 33, of Tucker, Georgia; and FRANCISCO MARTINEZ-ANAYA, 47, of Chamblee, Georgia, were each sentenced to prison April 28, 2009, by Chief United States District Judge Julie E. Carnes on charges of conspiracy to engage in alien harboring and transportation of aliens.

United States Attorney David E. Nahmias said of the sentencings, “These defendants ran businesses whose primary function was to find jobs for illegal immigrants at Chinese restaurants and other Asian-run businesses. Those who knowingly provide illegal workers with the means of getting a job violate federal law, as do the employers of illegal immigrants. Cheng’s ‘Number One Employment Agency’ and Chan’s ‘Da Zhong Employment Agency’ were often one of the first stops for illegal immigrants in Georgia. These businesses have now been dismantled. Other business owners who place illegal immigrants in jobs will also face prosecution and prison.”

Kenneth Smith, Special Agent in Charge of Immigration and Customs Enforcement's Office of Investigations in Atlanta said, “Employers that seek to gain an unfair business advantage over their competitors by using illegal workers should take note of today's sentences. Investigations like this one are an essential part of our enforcement strategy. ICE remains resolute in our responsibility to hold employers accountable for their actions, to give law-abiding businesses a fair chance to compete.”

Greg Jones, FBI Atlanta Special Agent in Charge, said, “Today’s sentences demonstrate that the FBI, by working together in this investigation and similar investigations with our law enforcement partners, United States Immigration and Customs Enforcement (ICE) and United States Postal Service, Atlanta, Georgia, can have a significant impact on the criminal element operating within our community and beyond. Although the employment agencies were based here in the Atlanta area, their placement of workers reached far beyond the state. This safe-haven for illegal workers has been dismantled as a result of this collective effort.”

Martin D. Phanco, Postal Inspector in Charge of the Atlanta Division, said, “These crimes involving illegal workers often involve fake documentation and paperwork. The U.S. Postal Inspectors will work hard and diligently with our partners to make sure we go after criminals who use phony documents, and use people, for their personal gain.”

CHENG, who cooperated with the government by providing information in related cases, was sentenced to 1 year, 6 months in prison to be followed by 3 years of supervised release. CHENG pleaded guilty to these charges on November 24, 2008. CHEN, who cooperated with the government and testified against another employment agency owner, was sentenced to 1 year, 3 months in prison to be followed by 3 years of supervised release. CHEN pleaded guilty to these charges on August 28, 2008, and will be deported upon completion of her sentence. MARTINEZ-ANAYA was sentenced to 1 year, 6 months in prison to be followed by 3 years of supervised release. MARTINEZ-ANAYA pleaded guilty to these charges on November 24, 2008, and will be deported upon completion of his sentence.

According to United States Attorney Nahmias and the information presented in court: The employment agencies operated by CHENG and CHEN placed illegal immigrant workers in Chinese restaurants in various states, including Alabama, Tennessee, Kentucky, Mississippi, and New York, and in a warehouse in Florida. On one occasion, CHENG placed two workers in a Chinese restaurant in New York, essentially exchanging them for two workers who had been at the restaurant. The workers often worked 12 hours a day, six to seven days a week. It was common for the same worker to return to the employment agencies looking for new jobs. Some workers told the government that they were never asked for documents authorizing them to work. CHENG and CHEN would make a commission for every worker they placed. The men who drove workers to their job locations, including MARTINEZ-ANAYA, would make money off the transportation as well.

On at least one occasion, when a job placement did not work out, MARTINEZ-ANAYA arranged for transportation back to Chamblee so the illegal immigrant could find another job. While waiting for another job, MARTINEZ-ANAYA housed the illegal immigrant in a “safe house” he owned. During an undercover operation, an ICE confidential informant was told by MARTINEZ-ANAYA that he did not need any documentation in order to work.

CHEN testified in the trial of LIANG YANG, who was convicted by a jury last week. CHEN outlined how she and other agency owners located at 3425 Chamblee Dunwoody Road acted essentially as brokers between illegal workers coming to their agencies looking for jobs and restaurant owners calling the agencies looking for cheap labor. CHEN testified that only 1 in 100 workers for whom she found jobs were legal. She also testified that restaurant owners liked more recently arrived workers as they did not know as much about the system and could be paid less than illegal immigrants who had been in the United States for a longer period of time.

This case was investigated by Special Agents of Immigration and Customs Enforcement (ICE), Special Agents of the Federal Bureau of Investigation (FBI), and Postal Inspectors with the United States Postal Inspection Service.

Assistant United States Attorneys Brian Pearce, Susan Coppedge, Mary Kruger and Michael J. Brown prosecuted the case.

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ALIPAC Release - SC Outlaws Illegal Aliens in College and Jobs While Momentum Moves to NC!

ALIPAC activists are celebrating a victory in South Carolina today, after months of activism that resulted in one of the strongest state laws in America cracking down on illegal immigration.

The new legislation will bar illegal aliens from all taxpayer funded colleges and require employers to verify they are only hiring American citizens and legal immigrants. The SC legislation follows new tough laws in AZ, GA, OK, RI, and others.

"Our activists on the ground and from across the nation worked very hard in South Carolina," said William Gheen of ALIPAC. "The momentum for immigration enforcement is clear in the states. The illegal aliens are leaving SC and GA making North Carolina one of their top destinations. As the illegal aliens are headed our way, we hope to bring our progress with enforcement legislation to North Carolina now."

North Carolina recently made national headlines over a decision to admit and then bar illegal aliens from community colleges. This week, a handful of Democrat legislators announced plans to try and assist illegal aliens. In 2008, the state has considered over 1,100 bills that deal with aspects of immigration. The vast majority of these bills advocate enforcement and the removal of taxpayer resources.

"We have a destructive human tsunami headed our way," said William Gheen. "NC lawmakers must act NOW to protect American jobs, tax resources, and lives. Our state must follow the lead of our neighbors and batten down the hatches immediately."

ALIPAC is a national organization credited with defeating pro-illegal alien legislation, while securing the passage of NC laws that favor enforcement. The group has announced plans to launch a historic and unprecedented statewide effort that begins next week!