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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Seeking Information on Tucker, Georgia Bank Robbers

Special Agent in Charge (SAC) Gregory Jones, FBI Atlanta, requests the public’s assistance regarding information in Monday’s armed robbery of the Suntrust Bank, located at 3603 Chamblee Tucker Road, Tucker, Georgia.

On Monday, November 2, 2009, at approximately 10:16 a.m., two black males entered the Suntrust Bank, 2603 Chamblee Tucker Road, Tucker, Georgia, and announced a bank robbery. At least one of the robbers brandished a black semi automatic handgun. At one point during the robbery, one of the robbers placed the gun to the head of a bank customer and moments later pointed the gun directly at a bank teller. During this take-over style robbery, a bank employee was pulled from a side office and was shot in the leg.

The first robber is described as a being a black male, 6’0” -6’2” in height, slender build, facial hair, possibly wearing a wig, ballcap, and a distinctive orange long-sleeved shirt. The second robber is described as being a black male, 5’8” in height, stocky build. Both individuals, estimated to be in their late 20s or early 30s, were seen initially departing the bank on foot, crossing the main avenue in front of the bank, and getting into a black or dark blue mini van.

The FBI and Dekalb PD are investigating. Anyone with information should call the Atlanta FBI at tel. (404) 679-9000.

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Former Assistant Treasurer Sentenced to Federal Prison for Embezzling $139,000 from Charitable Organization

PAMELA D. JONES, 36, of Tucker, Georgia, was sentenced July 15 by United States District Judge Orinda D. Evans to serve 18 months in federal prison on charges that she embezzled more than $139,000 from ServeHAITI, a charitable organization that receives federal funds.

United States Attorney David E. Nahmias said, “This defendant was the Assistant Treasurer for ServeHAITI, a charitable organization that provides medical, financial, and other assistance to impoverished areas in Haiti. Abusing her position, she embezzled more than $139,000 and used the money for her own selfish purposes, depriving the needy people who were intended to benefit. Stealing from a charity is disgraceful criminal conduct that should lead to time in prison.”

JONES was sentenced to 18 months in prison to be followed by three years of supervised release. She has repaid $10,000 of the embezzled amount and was ordered to pay the remaining $129,454.79 in restitution to ServeHAITI. JONES pleaded guilty to the charges on May 5, 2009.

According to United States Attorney Nahmias and the information presented in court: While working as a records management assistant at an Atlanta law firm, JONES was assigned to work part time as Assistant Treasurer of ServeHAITI, Inc., a non-profit organization that receives federal funding and provides assistance to certain parts of Haiti. ServeHAITI’s initial projects included sponsoring a program for water purification and construction of a medical clinic. In 2006, ServeHAITI was the recipient of a three-year award of $1.17 million funded by USAID under the President’s Emergency Plan for AIDS Relief, to provide HIV-related education and prevention services in Haiti. ServeHAITI also receives private contributions.

While acting as Assistant Treasurer, from June 2007 through December 2008, JONES diverted a total of $139,454.79 from ServeHAITI’s bank accounts to her own personal accounts. She initially wrote checks to herself or “cash” and then, in July 2008, began using wire transfers to divert the money. During the course of her embezzlement scheme, JONES changed the on-line password to ServeHAITI’s bank accounts, advised the bank that only her authorization was necessary to effect wire transfers, and instructed the bank to stop mailing wire confirmations to the Treasurer of ServeHAITI. Once she had exclusive authority to effect wire transfers, she was able to transfer money on-line from ServeHAITI accounts to her own on dozens of occasions while concealing her actions from the Treasurer and without making any verbal request of the bank. JONES used the embezzled money to purchase a car, clothes, and other personal items for herself, and to take a trip to Las Vegas.

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“Alternative Medicine” Clinic Operator Sentenced to Federal Prison for Health Care Fraud Chaunsay Beckwith Defrauded Insurance Companies and Medicare

“Alternative Medicine” Clinic Operator Sentenced to Federal Prison for Health Care Fraud
Chaunsay Beckwith Defrauded Insurance Companies and Medicare in Hyperbaric Therapy Scheme


CHAUNSAY BECKWITH, 46, of Tucker, Georgia, was sentenced today by Senior United States District Judge Marvin H. Shoob to serve nearly 5 years in federal prison on a charge of health care fraud.

United States Attorney David E. Nahmias said of the case, “Hyperbaric chambers have a number of legitimate medical uses, as varied as helping burn victims and scuba divers in their recovery. This defendant turned a hyperbaric chamber into a scheme for generating over a million dollars in fraudulent claims. Health care fraud raises the costs of health care for everyone, and those responsible for such fraud may end up prison like this defendant.”

BECKWITH was sentenced to 4 years, 8 months in prison to be followed by 3 years of supervised release, ordered to pay $1,035,144 in restitution, and perform 50 hours of community service. BECKWITH pleaded guilty to the charge on April 7, 2009.

According to United States Attorney Nahmias and other information presented in court: Between 2003 and 2007, BECKWITH, an owner/operator who does not hold any type of medical license, provided hyperbaric oxygen therapy to numerous patients in her clinic, International Alternative Medicine, Inc., located at 4450 Hugh Howell Road, in Tucker, Georgia. None of the patients were diagnosed with medical conditions that made them eligible to receive payments from health care benefit programs. BECKWITH submitted $1,577,827 in claims to insurance companies and Medicare, which included false diagnosis codes that enabled her to fraudulently receive $1,035,144 in payments for the hyperbaric chamber treatments.

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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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Alternative Medicine Clinic Operator Pleads Guilty to Fraud Charge

CHAUNSAY BECKWITH, 46, of Tucker, Georgia, pleaded guilty yesterday in federal district court to a charge of health care fraud in connection with the operation of her clinic, “International Alternative Medicine, Inc.” She was indicted on 35 counts of health care fraud by a federal grand jury on December 16, 2008.

United States Attorney David E. Nahmias said of the case, “Hyperbaric chambers have a number of legitimate medical uses, as varied as helping burn victims and even scuba divers in their recovery. This defendant, however, turned a hyperbaric chamber into a means of generating over a million dollars in fraudulent claims. Health care fraud raises the costs of health care for everyone.”

According to Nahmias and information presented in court: Between 2003 and 2007, BECKWITH, an owner/operator who does not hold any type of medical license, provided hyperbaric oxygen therapy to numerous patients in her clinic, International Alternative Medicine, Inc., located at 4450 Hugh Howell Road, in Tucker, Georgia. None of the patients were diagnosed with medical conditions that made them eligible to receive payments from health care benefit programs. BECKWITH submitted $1,577,827 in claims to insurance companies and Medicare, which included false diagnosis codes that enabled her to fraudulently receive $1,035,144 in payments for the hyperbaric chamber treatments.

BECKWITH could receive a maximum sentence of 10 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 June 18, 2009, at 2 p.m., before Senior United States District Judge Marvin H. Shoob.

This case is being investigated by Special Agents of the Federal Bureau of Investigation.

Assistant United States Attorney David E. McClernan is prosecuting the case.

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“Alternative Medicine” Clinic Operator Arraigned on Federal Health Care Fraud Charges

CHAUNSAY BECKWITH, 46, of Tucker, Georgia, made an initial appearance before a federal magistrate January 8 on charges of health care fraud in connection with the operation of her clinic, “International Alternative Medicine, Incorporated.” She was indicted on 35 counts of health care fraud by a federal grand jury on December 16, 2008.

United States Attorney David E. Nahmias said of the case, “Many people are familiar with hyperbaric chambers as having a number of legitimate medical and practical uses, as varied as helping burn victims and even scuba divers in their recovery. This defendant allegedly turned a hyperbaric chamber into a means of generating over a million dollars in fraudulent claims. Health care fraud raises the costs of health care for everyone.”

According to Nahmias, the indictment, and information presented in court today: Between 2003 and 2007, CHAUNSAY BECKWITH, an owner/operator who does not hold any type of medical license, provided hyperbaric oxygen therapy to numerous patients in her clinic, International Alternative Medicine, Inc., located at 4450 Hugh Howell Road, in Tucker, Georgia. None of the patients were diagnosed with medical conditions that made them eligible to receive payments from health care benefit programs. The indictment further alleges that BECKWITH submitted $1,577,827 in claims to insurance companies and Medicare, which included false diagnosis codes that enabled her to fraudulently receive $1,035,144 in payments for the hyperbaric chamber treatments.

Members of the public are reminded that the indictment only contains charges. The 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 Special Agents of the Federal Bureau of Investigation.

Assistant United States Attorney David E. McClernan is prosecuting the case.

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