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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Operator of Employment Agency Sentenced to Federal Prison for Harboring Illegal Aliens

LAING YANG, 37, of Duluth, Georgia was sentenced today by United States District Judge Timothy C. Batten to serve 5 years in federal prison on charges of conspiring to harbor illegal aliens.

United States Attorney David E. Nahmias said, “Operating out of a strip mall in Chamblee, five employment agency owners have now been convicted for finding jobs for illegal immigrants in Chinese restaurants up and down the eastern United States. This defendant knew the workers would not be asked for work authorization and would be willing to pay referral fees to him. He profited for a time from his exploitation of the immigration laws and the illegal workers, but his prison sentence should remind those who employ or find jobs for illegal aliens -- alien harboring can be a costly crime.”

“All too often, illegal alien workers are exploited in some fashion by the businesses that hire them, and that is unacceptable,” said Kenneth A. Smith, Special Agent in Charge of the ICE Office of Investigations in Atlanta. “We will continue using our investigative tools to pursue those who take advantage of illegal labor for personal profit.”

YANG was sentenced to five years in prison to be followed by three years of supervised release. YANG was convicted of these charges on April 23, 2009, after a trial.

According to United States Attorney Nahmias and other information presented in court: YANG had previously operated an employment agency in Atlanta from 2001 to 2003, which found jobs in Chinese restaurants, predominantly for illegal Hispanic workers. YANG returned to the employment agencies and his illegal activity in November 2007. YANG was fluent in Spanish and two Chinese dialects and he served as the broker between the illegal workers and Chinese restaurants looking for cheap labor. YANG was able to place these illegal workers in jobs in Chinese restaurants and also provide the illegal workers’ transportation to the restaurants without any initial payment by the workers. The transportation fee and YANG’s commission would be paid up-front by the restaurant owner, who would then deduct that cost from the wages paid to the worker.

The investigation included surveillance and undercover agents posing as undocumented workers seeking jobs from YANG at “Dong Sheng Employment Agency,” located in the Chamblee area. Neither the undercover agent nor the other aliens present and seeking employment were ever asked for documentation that they were authorized to work in this country. The undercover agent captured on tape the defendant offering a job working 7 days a week, for 12 hours a day, for the salary of $1,000 per month. Two men who had driven the aliens to jobs in Ohio, Kentucky, Alabama, South Carolina and Georgia testified at trial against YANG and stated that they would drive the workers to the Chinese restaurant where they would be paid a referral fee that ranged from $800 to $1,000 per worker, and they would return that fee to YANG. Testimony at trial showed that YANG was placing up to 10 workers a week. The drivers were also paid based on the number of illegal aliens they transported. Today the Court found that YANG harbored over 100 illegal aliens in a 4 month period and YANG received the maximum sentence of five years in federal prison.

YANG was the only defendant in this network of employment agency owners and operators who went to trial. The remaining operators pleaded guilty to similar charges. Defendant Pik To Cheng, a/k/a “Shirley Wise,” and defendant Lin Chen received lesser sentences of 18 months and 15 months respectively, based in part on their cooperation in the investigation. Another defendant, Hong Mei Li, will be sentenced on July 17, 2009, before United States District Judge Julie Carnes.

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Armored Truck Employee Indicted for Role in Armed Robbery

DESMOND COOPER, 26, of Duluth, Georgia was arrested May 22 on an indictment returned by a federal grand jury on May 19, 2009. COOPER is charged with one count of Hobbs Act robbery and one count of possessing a firearm during the commission of a violent felony. COOPER had his initial appearance and arraignment today before United States Magistrate Judge Linda T. Walker. A detention hearing for COOPER has been scheduled for May 28, 2009, at 11 a.m. before United States Magistrate Judge Linda T. Walker. Another defendant named in the indictment, CRAIG CARROLL, is also charged with one count of Hobbs Act robbery and one count of possessing a firearm during the commission of a violent felony and is currently in the Gwinnett County Jail.

United States Attorney David E. Nahmias said, “Today’s arrest shows that the FBI and local law enforcement agencies remain committed to investigating armed robberies in our community and bringing those responsible to justice.”

According to United States Attorney Nahmias, the indictment, and the information presented in court: On May 31, 2007, COOPER was the driver of an armored security truck when it was robbed during a scheduled delivery to a check cashing facility in Tucker, Georgia. During the armed robbery, co-defendant CRAIG CARROLL allegedly robbed the armored truck while brandishing a handgun and threatening to kill an armored truck employee. CARROLL fled the scene with United States currency. Subsequent investigation by the FBI and Bibb County Police Department revealed that COOPER and CARROLL allegedly planned the May 31, 2007, armored truck robbery with COOPER providing CARROLL with details of the armored truck’s delivery route.

The indictment charges one count of Hobbs Act robbery and one count of possessing a firearm in furtherance of a violent felony. The charges carry a maximum sentence of life imprisonment and a fine up to $500,000. 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.

This case is being investigated by Special Agents of the FBI.

Assistant United States Attorney Matthew Jackson is prosecuting the case.

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.

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Employment Agency Operator Convicted of Conspiracy to Commit Immigration Crimes

A jury in federal district court has returned a guilty verdict against LIANG YANG, 37, of Duluth, Georgia on charges of conspiring to transport, harbor and induce illegal aliens to remain in the United States. YANG was indicted on April 15, 2008 along with ten other employment agency owners and individuals who would transport the illegal workers to their jobs. He is the only defendant to go to trial. Defendants in three related cases are being sentenced on Tuesday, April 28, 2009.

United States Attorney David E. Nahmias said of today’s verdict, “Those who find employment for illegal immigrants are just as guilty under the law as those who employ illegal workers. In this case, the defendant found jobs for illegal immigrants as workers in Chinese restaurants as far away as New York, Pennsylvania, and Ohio. The illegal aliens would work 10 and 12 hour days, six days a week, for less than minimum wage. The defendant profited from this exploitation of the immigration laws, but now he will pay the price with a prison sentence.”

Kenneth Smith, Special Agent in Charge of the Immigration and Customs Enforcement, Office of Investigations in Atlanta, said, “ICE aggressively targets those who egregiously violate immigration laws by finding employment for an illegal alien workforce. This case demonstrates firsthand how ICE agents use our investigative tools to pursue those who take advantage of illegal labor and gain an unfair advantage in the business marketplace, all for personal profit.”

Greg Jones, FBI Atlanta Special Agent in Charge, said, “Today’s verdict demonstrates that the FBI, by working together in this investigation and similar investigations with our law enforcement partners, the 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.”

According to United States Attorney Nahmias and the information presented in court: The jury found YANG guilty on the sole count of conspiracy. Evidence at trial showed that employment agencies located at 3425 Chamblee Dunwoody Road were often one of the first stops for illegal Hispanic workers. The agencies were all run by Chinese individuals, some of whom were also illegally here. YANG was fluent in Spanish and two Chinese dialects and the testimony was that he served as the broker between the illegal workers and Chinese restaurants looking for cheap labor. In fact, the restaurants preferred more recent, less-experienced immigrants as they could pay these workers less money and they would not complain about the long hours or living conditions. YANG was able to place these illegal workers in jobs in Chinese restaurants and also provide the illegal worker transportation to the restaurant without any initial payment by the worker. The transportation fee and YANG’s commission would be paid up-front by the restaurant owner, who would then deduct that cost from the wages paid to the worker. YANG could make hundreds of dollars off the placement of each illegal worker. YANG had previously operated an employment agency at this same location in 2001-2002 and had established a reputation as a successful businessman and source of cheap labor. After the guilty verdict today, YANG was immediately taken into custody.

YANG could receive a maximum sentence of 5 years in prison and a fine of up to $250,000. Sentencing is scheduled for July 8, 2009, at 10:30 before United States District Judge Timothy C. Batten. 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.

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 and Susan Coppedge are prosecuting the case.

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Four Suspects Arrested for Metro Atlanta Armed Bank Robberies

Special Agent in Charge (SAC) Gregory Jones, FBI Atlanta, Chief Terrell Bolton, Dekalb County Police Department, and Chief Charles M. Walters, Gwinnett County Police Department, announce the arrests of four suspects in a string of armed bank robberies around Metro Atlanta over the last 2 weeks. Currently in custody are SHANTAVIA GLASS, 22, of Lithonia, WILLIAM BERK HARROLD, a.k.a. “MAN-MAN”, 18, also of Lithonia, and ZACHERY ANTONIO HARRIS, a.k.a. “MURDER” 20, of Ellenwood. Also arrested was a 16-year old male from Duluth, Georgia who is believed to have been a participant in the robberies. The FBI does not release the names of minors.

Following the release of photographs associated with Wednesday’s robbery of the Bank of America at 3040 Panola Road in Lithonia, GLASS turned herself in to the Dekalb County Police Department, where she was questioned by Dekalb County Investigators and Special Agents of the FBI. GLASS remains in custody at the Dekalb County Jail, but will probably be transferred to Federal custody later today (December 19).

HARROLD, HARRIS, and the 16-year old male fled Georgia along with two female acquaintances and the 2-year old child of one of those females. Based in large part on tips received from the public following Wednesday’s newscasts, they were eventually located in McComb, Mississippi. At approximately 4:00 am December 19, Officers of the McComb City Police Department initiated a traffic stop on a vehicle believed to be operated by the suspects, during which they arrested HARROLD and a 20-year old female acquaintance. Based on information gathered during the traffic stop, the McComb Police Department SWAT team was activated, and conducted a search of a room at the nearby Deerfield Inn in McComb. Inside that room, police arrested HARRIS and the 16-year old suspect.

All the suspects arrested in Mississippi are currently in the custody of the Pike County Sheriff’s Department. It is expected they will also be eventually transferred to Federal custody.

The public can also review information concerning these and other bank robberies at www.georgiabankrobbery.com, an interactive site which provides bank robbery details, photographs, and the opportunity for the public to provide information to the FBI via the Internet.

The public is reminded that all persons are considered innocent until proven guilty in a court of law.

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