Several Charged In Conspiracy To Obtain Fraudulent Immigration Benefits

Two Suspects Still At-Large

A federal grand jury has returned a 19-count indictment against five individuals for conspiring to obtain fraudulent work visas for more than 80 Indian nationals, United States Attorney Don DeGabrielle announced today. According to the indictment, returned under seal March 31, 2008, and unsealed today, Mahendrakumar “Mack” Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr., 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa.

“Today’s significant charges represent the excellent task force-like efforts of four federal agencies,” DeGabrielle said. “All of the criminal charges are the result of a multi-agency, multi-jurisdictional investigation performed by Immigration and Customs Enforcement and the Department of State - Diplomatic Security Service, with assistance from the Department of Labor - Office of Inspector General and the Internal Revenue Service - Criminal Investigations.”

“The Bureau of Diplomatic Security is firmly committed to working with the U.S. Attorney's Office and other law enforcement agencies to investigate and bring to justice those charged with conspiracy to commit visa fraud, alien smuggling and money laundering,” said Marian J. Cotter, special agent in charge of the Diplomatic Security Service's Houston Field Office. “These crimes potentially threaten the national security of the United States.”

Charles Keith Viscardi, 48, the owner and manager of a construction company located in New Iberia, La, is alleged to have enlisted AMEB Business Group Inc., a visa facilitation firm owned and operated by Alberto and Bernardo Pena, both of Brownsville, Texas, and Villar, a citizen of Mexico, to procure foreign manual labor under the H-2B visa program. An H-2B visa is a category of non-immigrant visa that allows U.S. employers to hire alien workers for temporary non-agricultural work if the employer can demonstrate there are no qualified U.S. workers to perform the jobs and that hiring alien workers will not adversely affect local wages. Only 66,000 visas may be issued per year under the H-2B visa program.

While AMEB did procure laborers from Mexico for the construction company, the principals of AMEB also submitted documentation to the Department of Homeland Security, Citizenship and Immigration Services and other governmental agencies allegedly seeking workers from India on behalf of the construction company. In turn, defendants Mack Patel, of Fort Worth, Texas, and Rakesh Patel, of Houston, recruited citizens of India who were willing to pay $20,000 to $80,000 in exchange for visas to enter the United States. Alberto and Bernardo Pena traveled to India to assist the Indian nationals with the application process and also visited and corresponded with the U.S. Consulate in Mumbai. Each of the Indian nationals granted H-2B visas came to Houston, where they made payments for their visas in the form of cash, cashiers checks and international money orders. None of the Indian nationals were ever employed by Viscardi at the construction company. Instead, they simply dispersed throughout the United States after paying for their fraudulently obtained visas. All of the conspirators, including Villar and Viscardi, shared in the proceeds derived from the scheme.

“This is an excellent example of bringing together all of the government’s assets to identify these perpetrators, their scheme and the aliens they smuggled under this fraudulent pretext,” said Jerry Robinette, special agent in charge of ICE investigations in San Antonio. “The identification of these subjects’ proceeds and assets and the related money laundering charges are reflective of the extent to which ICE will go to dismantle an organization and seize its illicit profits.”

All of the defendants are accused of assisting in the procurement of the H-2B visas for the Indian nationals, knowing they had no intention of working for the company that obtained the visas on their behalf. They face a maximum penalty of up to five years imprisonment and a $250,000 fine if convicted of the conspiracy and up to 10 years imprisonment and a $250,000 fine if convicted of any of the substantive counts of encouraging and inducing illegal immigration. Additionally, Bernardo Pena faces up to 20 years imprisonment and a $500,000 fine if convicted of money laundering for the purpose of concealment, while Mack Patel and Alberto Pena both face up to 10 years imprisonment and up to a $250,000 fine if convicted of violating the money laundering spending statute.

Defendants Mack Patel and Rakesh Patel made their initial appearance before United States Magistrate Judge Mary Milloy on Thursday, April 3, 2008, and were released on a $50,000 bond and will be electronically monitored pending trial. They will be arraigned April 15, 2008, at 10:00 a.m. before United States Magistrate Judge Calvin Botley.

Alberto Pena made his initial appearance and was arraigned before Judge Milloy today at 10:00. He was released on a $50,000 bond and will be subject to electronic monitoring pending trial.

Bernardo Pena and Marte Othon Villar Sr. remain at large and warrants for their arrest remain outstanding. Anyone having information regarding the whereabouts of Villar or Bernardo Pena are asked to contact Immigration and Customs Enforcement at 866-DHS-2-ICE (866-347-2423).

Charles Keith Viscardi, who was charged by criminal information on March 20, 2008, with conspiring to encourage and induce illegal immigration in connection with the scheme described above, is scheduled to make his initial appearance on Tuesday, April 8, 2008, before Judge Botley. He faces up to 10 years imprisonment and a fine of up to $250,000 if convicted.

This case is being prosecuted by Assistant United States Attorney Jason Varnado.

Criminal indictments and criminal informations are accusations of criminal conduct, not evidence. Defendants are presumed innocent unless convicted through due process of law.

Contact: 
Darby Holladay
Diplomatic Security Public Affairs
571-345-2507
HolladayDG@state.gov