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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Clayton County Police Officer Charged with Federal Corruption, Narcotics, and Firearms Violations and Stealing from Motorists

JONATHAN S. CALLAHAN, 27, of Atlanta, a patrol officer with the Clayton County Police Department, has been indicted by a federal grand jury on charges of accepting money to use his law enforcement position to protect illegal drug transactions, possessing a stolen firearm, and stealing personal property from drivers during traffic stops. CALLAHAN made an initial appearance today before United States Magistrate Judge C. Christopher Hagy.

United States Attorney Sally Quillian Yates said, “As a police officer, Officer Callahan took an oath to serve and protect the public. Instead, he abandoned that oath and used his position to protect drug dealers and steal from the citizens he was sworn to protect. Fortunately, thousands of dedicated law enforcement officers in Northern Georgia work tirelessly and honorably to keep us safe. We owe it to each of them to vigorously prosecute those who violate their oath and break the law.”

FBI Atlanta Special Agent in Charge Brian D. Lamkin said, “The egregious acts such as those alleged in the indictment of Officer Callahan can often erode the public’s trust in its law enforcement officers, noting that law enforcement officers are expected to serve and protect the public, not prey on them. It is for this reason that the FBI places a high priority on such investigations. The FBI asks that anyone with information regarding public corruption matters contact its Atlanta FBI Office at (404) 679-9000.”

Clayton County Police Department Interim Chief Timothy R. Robinson said, “When I was named Interim Chief, I was tasked with bringing leadership and direction to the department in order to achieve and maintain organizational discipline and professionalism. The actions alleged in this indictment are despicable. Officer Callahan was sworn to uphold the law, not break it. This case serves as a reminder that no one is above the law. I have no tolerance for officer misconduct and will continue to hold all members of the Clayton County Police Department to the highest standards. Simply stated, officer misconduct will not be tolerated.”

According to United States Attorney Yates, the indictment and information presented in court: On three separate occasions between August 6-13, 2010, CALLAHAN, while on duty, was paid to aid and abet others in possessing with intent to distribute at least 500 grams of cocaine. The indictment further charges that on July 15, 2010, CALLAHAN, while on duty as a patrol officer, allegedly stole two firearms from a motorist CALLAHAN had stopped for a traffic violation. The next day, again while on duty, CALLAHAN stole United States currency from another driver who was also stopped for a traffic violation. The indictment alleges that both thefts violated the drivers’ constitutional right to be free from an unreasonable seizure by a police officer. The indictment also charges that on August 17, 2010, CALLAHAN was in possession of a stolen firearm.

Each charge of attempting to aid and abet others in possessing with intent to distribute at least 500 grams of cocaine carries a maximum penalty of 40 years in prison, a mandatory minimum sentence of five years in prison, and a fine of up to $250,000. Each charge of accepting money to use his law enforcement position to protect illegal drug transactions carries a maximum penalty of 20 years in prison and a fine of up to 250,000. The charge of possession of a stolen firearm carries a maximum sentence of five years in prison and a fine of up to $250,000. Each charge of deprivation of civil rights by stealing property from a driver carries a maximum penalty of one year in prison and a fine of up to $100,000.

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

This case is being investigated by the Federal Bureau of Investigation with assistance from the Clayton County Police Department.

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Man Pleads Guilty to Conspiracy for Participation in Fraudulent Driver's License Ring

GUO XING SONG, a/k/a “Andi Chen,” 43, of Charlotte, North Carolina, pleaded guilty today in federal district court to two charges in connection with his participation in a fraudulent driver's license ring and to a charge of aggravated identity theft in connection with the sale of a Social Security card issued to another individual by the Social Security Administration.

United States Attorney Sally Quillian Yates said, “This defendant, along with his coconspirator who worked for Georgia Driver's Services, arranged for illegal Chinese nationals to obtain Georgia driver's licenses without documentation and without even taking the driver's exam. The customers paid $2000 to $3000 for real driver's licenses. Now the defendants face real time.”

According to United States Attorney Yates, the charges and other information presented in court: SONG, who lived in Atlanta between 2001 and 2006, placed ads in a Atlanta area Chinese language newspaper, claiming he could assist persons who did not have documentation to obtain driver’s licenses in Georgia and other states. Persons responding to the ads were instructed to meet SONG or a co-conspirator at a designated location, usually a gas station or shopping center parking lot. They were then driven from the Atlanta area to Georgia Driver’s Service locations in either Colquitt or Thomasville, Georgia. The alleged co-conspirators in that part of the scheme, ZHONG LIANG LI, 34, and his brother, ZHONG HUA LI, 31, formerly of Colquitt, Georgia, were indicted by a federal grand jury on January 19, 2010, and are awaiting trial.

A co-defendant in the case who has already pleaded guilty, CLEVELAND SPENCER, 47, of Thomasville, Georgia, is a former Georgia Driver’s examiner who worked at those Driver’s Service locations. He admitted issuing driver’s licenses to SONG’s customers without requiring any documentation showing legal residence in the United States or the state of Georgia. SPENCER also did not issue the required written and road test examinations to SONG’s customers. SONG or his alleged co-conspirators paid SPENCER for fraudulently issuing the licenses. SPENCER reportedly received $250 to $400 per license. SONG’s customers paid SONG approximately $2,000 to $3,000 for the licenses. Georgia Driver’s records indicate that approximately 300 licenses were fraudulently issued.

In December 2006, SONG sold a genuine Social Security card to a confidential informant, who was purportedly buying it for a Chinese national who was illegally in the United States. The Social Security card actually belonged to an individual who had previously been in the United States on a temporary work visa and returned to China.

SPENCER pleaded guilty to the conspiracy on April 27, 2010, and is scheduled to be sentenced on July 14, 2010, at 10:30 a.m.

SONG was indicted on the charges on January 19, 2010. Today he pleaded guilty to one count of conspiracy and one count of aggravated identity theft. He could receive a maximum possible sentence of up five years in prison on the conspiracy count, and faces a minimum mandatory sentence of two years for the aggravated identity theft. He also faces a fine of up to $250,000 on each count. In determining the actual sentence on the conspiracy count, 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 September 2, 2010, at 10:30 a.m., before United States District Judge Timothy C. Batten, Sr.

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Third Atlanta Police Officer Pleads Guilty In Fatal Shooting of Elderly Woman

PRNewswire-USNewswire/ -- The Justice Department announced October 30, 2008, that former Atlanta Police Department (APD) Officer Arthur Bruce Tesler pleaded guilty in federal district court to conspiring to violate the civil rights of Kathryn Johnston, 92, in connection with her fatal shooting during the execution of an illegal search warrant at her Atlanta home on Nov.21, 2006.

Tesler, of Ackworth, Ga., joins two other former APD officers who pleaded guilty last year to state and federal charges in the case. Gregg Junnier, of Woodstock, Ga., and Jason R. Smith, of Oxford, Ga., pleaded guilty in state court to voluntary manslaughter, violation of oath by a public officer, criminal solicitation and false statements, and in federal court to a civil rights conspiracy violation that resulted in the death of Ms. Johnston. Smith also pleaded guilty in state court to one count of perjury. Junnier and Smith also agreed to cooperate in a broader investigation of APD officer misconduct, which has since been completed.

"When law enforcement officers do not live up to the high ideals they typically uphold, we will not hesitate to take action," said Grace Chung Becker, Acting Assistant Attorney General for the Justice Department's Civil Rights Division. "The Department of Justice will continue to vigorously prosecute those who cross the line and commit such violent criminal acts."

According to the information presented in court, Junnier and Smith, on several occasions while working as APD narcotics officers, made false statements in sworn affidavits to state magistrate judges in order to obtain "no knock" search warrants for residences and other locations where the officers believed illegal drugs would be found.

On the afternoon of Nov. 21, 2006, Smith, Junnier and Tesler executed such a warrant at Johnston's home, knowing that the warrant had been obtained on the basis of false information that Smith had presented to a magistrate judge. The victim, who was the only occupant of the house, fired through the door a single .38 caliber shot, which hit no one. Junnier, Smith and four other officers returned fire, hitting the victim with five or six shots, one of which was fatal.

Officers searched the home after the shooting, but found no drugs. Smith then planted in the basement of the house three bags of marijuana that the officers had seized elsewhere earlier that day. Tesler then filed a false APD incident report stating that a purchase of crack had been made at Johnston's home earlier that day and Smith submitted two bags containing crack that falsely indicated the drugs were bought by an informant at 933 Neal Street, the home of the victim. The defendants also met to fabricate a story, which they later recounted to APD homicide investigators, falsely justifying the events leading to the shooting of Kathryn Johnston.

Under Tesler's plea agreement, the parties agreed that the appropriate sentence under the advisory federal sentencing guidelines is 121 months. The federal sentence will run concurrently with Tesler's 54 month state sentence arising from the same criminal conduct. Junnier also faces a guidelines sentence of 121 months, and Smith faces a guidelines sentence of 151 months; those two defendants may, however, receive reductions based on their cooperation with the Government's investigation.

Assistant U.S. Attorney Jon-Peter Kelly, U.S. Attorney David E. Nahmias, and Department of Justice Civil Rights Division Special Litigation Counsel Paige M. Fitzgerald are prosecuting 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!

Isakson, Chambliss Praise Senate’s Rejection of Amnesty Provision in Emergency War Supplemental Bill

U.S. Senators Johnny Isakson, R-Ga., and Saxby Chambliss, R-Ga., today praised the Senate’s refusal to include an amnesty provision in the emergency war supplemental bill. Language that would have granted legal status to over 1 million illegal agriculture workers and their families was stripped Tuesday night from the spending bill for troops.

Isakson and Chambliss earlier this week had urged the Democratic leader to remove the amnesty provision from the bill.

“There’s no greater domestic issue in this country than illegal immigration, and I am pleased the Senate rejected this attempt to grant amnesty on a bill designed to give our soldiers the resources they need in the War on Terror,” Isakson said. “The war supplemental was the wrong vehicle to deal with this issue and this was the absolutely wrong approach to handling illegal agricultural workers. Congress can make immigration reform a reality by first delivering common-sense solutions to secure our porous borders and stop the flow of illegal immigrants.”

“I’m pleased the Senate recognized that removing this bad provision was the right thing to do,” said Chambliss. “We need to ensure that funding for our troops is approved and delivered as quickly as possible without getting bogged down in an unrelated immigration debate.”

On May 15, the Senate Appropriations Committee adopted an amendment to the emergency war supplemental spending bill that would give a five-year visa to 1.35 million workers plus their spouses and dependent children to live and work in the United States. For almost all legal purposes, the amendment requires that the illegal aliens who qualify for the proposed visa be treated as lawful permanent residents.

Adding the amendment to the appropriations bill violated Senate rules because it legislates on an appropriations bill. Last night, Democrats invoked Senate Rule 16 on the floor, which requires that provisions in amendments to appropriations bills be relevant to the underlying legislation. Among the provisions dropped was the proposal to grant visas allowing illegal aliens to hold agricultural jobs for up to five years.

On May 20, Isakson and Chambliss, along with eight other Republican senators, sent a letter to Majority Leader Harry Reid, D-Nev., urging the removal of the language. The text of the letter to Senator Reid is below. The letter was also signed by Senators Chuck Grassley, R-Iowa, Jeff Sessions, R-Ala., David Vitter, R-La., Tom Coburn, R-Okla., James Inhofe, R-Okla., John Barrasso, R-Wyo., Elizabeth Dole, R-N.C., and Jim Bunning, R-Ky.

May 20, 2008

The Honorable Harry Reid
Majority Leader
United States Senate
Washington D.C. 20510

Dear Majority Leader Reid:

We write to express disappointment that the Senate Appropriations Committee chose to include in the War Supplemental more than 100 pages of immigration language that would grant legal status to more than one million illegal alien agriculture workers and their families. We urge you to remove these controversial provisions from the bill so we can enact essential funding for our troops without delay. If these provisions remain in the bill, you can expect a vigorous debate on immigration policy.