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Visa Fraud

This archive displays posts tagged as relevant to fraud in visa programs. You may also be interested in the following pages:

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Top Ten Non-Healthcare False Claims Act Recoveries of 2019

Posted  01/10/20
False Claims Act
This year, federal and state governments recovered hundreds of millions of dollars thanks to whistleblowers who came forward to report fraud under the federal False Claims Act and state False Claims Acts.  Whistleblowers reported a wide-range of misconduct involving government contracts, including fraud by defense contractors, airlines, and even a major research university.  Defendants’ deception ran the gamut...

December 18, 2019

Abhijit Prasad was sentenced to 3 years in prison following his conviction for visa fraud and related charges.  Prasad submitted 19 applications for H-1B visas for individuals he claimed would be performing work for Cisco Systems although Cisco had no expectation that the foreign workers would perform work for them and, in some cases, Prasad submitted forged documents purporting to be from Cisco.  Prasad was also ordered to forfeit $1.9 million.  USAO ED Cal; USAO ND Cal

December 17, 2019

India-based outsourcing and business consulting firm Infosys Ltd. has agreed to pay $800,000 to the State of California to resolve allegations that the company misclassified approximately 500 Infosys employees as working in California on B-1 visas rather than H-1B visas.  By using the B-1 visas, Infosys avoided California payroll taxes and avoided the H-1B obligation to pay workers at the local prevailing wage.  The case was initiated by a whistleblower complaint under the California False Claims Act filed by Jack "Jay" B. Palmer, who will receive 15% of the settlement.  CA

November 4, 2019

Golden California Regional Center and its principal Bethany Liou will pay over $50 million in disgorgement and interest to resolve charges of fraud in connection with their sale of interests in the GCRC Cupertino Fund, LP as securities qualifying under the EB-5 visa program.  Defendants represented that investor funds would be used to finance real estate development but, in fact, Liou diverted the funds to personal use.  SEC

How to Report Visa Fraud for a Whistleblower Reward

Posted  09/25/19
report visa fraud
A settlement with India-based management consulting firm Mu Sigma shows how whistleblowers can make a difference in visa enforcement. In September, 2019, Mu Sigma agreed to pay the U.S. $2.5 million to settle claims that it evaded H-1B visa requirements and brought employees to the U.S. on B1 visitor visas, misrepresenting the nature of their intended employment. In announcing the settlement, Immigration and Customs...

September 20, 2019

Pradyumna Kumar Samal, the former CEO of two Bellevue, Washington IT firms, has been sentenced to more than seven years in prison for his role in a long-running H1-B visa fraud scheme.  Samal's companies, Divensi and Azimetry, were employment agencies in the business of providing IT workers to major corporate clients.  Samal would submit fraudulent applications on behalf of foreign workers, claiming that they were being brought to the U.S. to perform a specific job, and instructing them to lie in their own applications, when, in fact, after being admitted, the employees would be benched and unpaid until Samal's companies were able to place them at actual client jobs.  In addition, Samal's companies failed to pay employment taxes on behalf of the foreign workers, instead diverting those funds to his personal use.  USAO WD WA

Top Ten Federal Financial Fraud Recoveries of 2018

Posted  01/25/19
Wooden gavel and handcuffs on top of U.S. currency
While 2018 has been a banner year for FCPA, Tax, and SEC & CFTC recoveries, in the bottomless pit of financial frauds that hurt taxpayers, the government, consumers, investors, and the American economy, 2018 brought us additional stunning recoveries for violations related to residential-mortgage backed securities, international economic sanctions, consumer protection, anti-money-laundering, EB-5 investment fraud, and...

October 18, 2018

Jean Danhong Chen, an attorney, and Tony Jianyun Ye have been charged by the SEC with securities violations arising from their sale of EB-5 securities to Chen's clients, earning over $10 million in undisclosed commissions.  Chen and Ye operated an EB-5 regional center, Golden State Regional Center LLC, and advised Chen's clients to invest in the center’s projects while concealing their ownership interest. After learning of the SEC’s investigation, Chen and Ye allegedly backdated documents and scrubbed other business records to conceal their role in the alleged scheme.  SEC

June 13, 2018

Venkat Guntpally was sentenced to 30 months in prison following his guilty plea on charges of visa fraud and related crimes.  Guntpally admitted that employment staffing companies that he founded submitted fraudulent petitions to the U.S. government for foreign workers to receive H-1B visas, including by misrepresenting the companies at which the workers would be employed.  ND Cal

March 5, 2018

The SEC charged a Edwin Shaw LLC with illegally brokering dozens of investments by foreign nationals seeking U.S. residency. Between April 2014 and March 2017, Edwin Shaw solicited foreign nationals to invest in securities issued by a taxi and limousine company based in Queens, New York.  The investments were marketed to investors interested in applying for legal residency through the federal government’s EB-5 Immigrant Investor Program, which provides a path to legal residency for foreigners who invest directly in a U.S. business or private “regional centers” that promote economic development in specific areas and industries. Edwin Shaw agreed to a cease-and-desist order and agreed to pay disgorgement of $400,000 plus prejudgment interest of $54,209.20 and a penalty of $90,535. SEC
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