Missouri State Lawmaker Pleads Guilty in Visa Fraud Case

State Representative From Cape Girardeau Pleads Guilty To Visa Fraud Charges

Nathan Cooper, State Representative in Cape Girardeau, and a Cape Girardeau attorney specializing in immigration law, has pled guilty to fraud charges involving his illegal scheme to obtain temporary worker visas for his clients in the trucking business, First Assistant United States Attorney Michael Reap announced today.

Cooper’s practice included specialized work with immigration law, and he represented a number of employers in applications for visas under the H2B visa program. This program is administered through the State of Missouri, as well as the United States Department of Labor, the Office of Citizenship and Immigration Services, and the Department of State. The H2B visa program allows for the granting of a fixed number of visas for seasonal workers. Companies with a seasonal rush who are unable to satisfy their hiring needs at the prevailing wage from native workers in their area may apply to sponsor temporary immigrant workers to fill this need. For example, H2B visas have been validly awarded to employers in the construction and hospitality industries to allow them to sponsor immigrant workers to help in the seasonal rush of business that affects these industries.

In the course of his practice, Cooper became familiar with the H2B visa program. At the same time, prospective clients in the trucking business reported to him that they had chronic shortages of workers. These trucking companies did not have seasonal needs envisioned within the H2B visa program. Instead, their businesses were steady all year round so they were not appropriate candidates for participation in the H2B visa program.

Cooper developed a scheme to convince the government to issue improper visas and otherwise to impede the lawful operation of the H2B visa program in a number of ways. In the plea agreement, Cooper admitted to the fraudulent creation of shell companies in the name of which Cooper would apply for visa to be used for other companies, to issuing bogus letters intended to deceive law enforcement as to the immigration status of his client’s workers, and to the outright purchase of visas from other contacts to be illegal transferred to his client’s workers.

In 2004 and 2005 alone, the Cooper took in at least $50,000 in legal fees from clients in the trucking industry using these techniques. As part of the plea, Cooper agreed to forfeit these illegal proceeds under the federal criminal forfeiture laws.

“Enforcement of our immigration laws is more important today than ever before,” said First Assistant U.S. Attorney Michael Reap. “We will continue to work with the federal agencies responsible for controlling who gets into the country and we will aggressively pursue cases against those who attempt to bring people into the country illegally.”

“The Foreign Labor Certification Program is designed to ensure that foreign workers, who are admitted into the United States, do not adversely affect the job opportunities, wages, and working conditions of U.S. workers,” said Gordon Heddell, Inspector General, U.S. Department of Labor. “This guilty plea brings to justice an individual, currently serving as state representative and immigration attorney, who defrauded the program to facilitate the entry of workers for personal gain. My office will continue to work with other law enforcement agencies to aggressively investigate schemes that compromise the integrity of DOL programs.”

“Visa fraud crimes potentially threaten the national security of the United States. The U.S. visa is one of the most coveted travel documents in the world and foreign nationals who have acquired visas fraudulently to enter the United States could perpetrate further illegal acts,” said Gregory B. Starr, Director of the U.S. State Department’s Diplomatic Security Service.

“The FBI aggressively pursues as a priority matter public corruption at all levels, and will continue to contribute resources to uncover illegal activities such as Cooper has admitted in his plea today,” added Roland Corvington, Special Agent in Charge, FBI, St. Louis.

Cooper, 33, of Cape Girardeau, Missouri, pled guilty to one felony count of visa fraud and one felony count of making a false statement to the Department of Labor. He now faces a maximum penalty of fifteen years in prison and/or fines up to $500,000. Additionally, as part of his plea, Cooper agrees to voluntarily terminate his participation as an agent or representative of any employer with respect to any matter concerning the Department of Labor’s Foreign Certification programs.

Sentencing has been set for October 19, 2007.

Reap commended the work on the case by the U.S. Department of Labor Office of the Inspector General, the Department of Homeland Security, Immigration and Customs Enforcement, the State Department Bureau of Diplomatic Security, the Federal Bureau of Investigation, and Assistant United States Attorneys James Crowe and Tom Albus, who are handling the case for the U.S. Attorney’s Office.

Contact:
L. Kendal Smith
Diplomatic Security Public Affairs
571-345-2509
SmithLK2@state.gov

Jan Diltz
U.S. Attorney's Office Public Affairs
314-539-7719