Posted: 12:01 am EDT
OAKLAND, Calif. – A federal judge has sentenced a British man to three years of probation and the forfeiture of $400,000 for his role in a visa-fraud scheme, announced Special Agent In-Charge David Zebley of the U.S. Department of State’s Diplomatic Security Service (DSS) San Francisco Field Office.
Madhu Santhanam, 41, was sentenced on January 7, 2016, by U.S. District Judge Yvonne Gonzalez Rogers in the Northern District of California following Santhanam’s guilty plea to a count of conspiracy to commit visa fraud.
In his December 10, 2014, plea agreement, Santhanam, owner of Maan Systems of Union City, California, admitted that he had submitted at least 25 fraudulent I-129 petitions between September 2009 and June 2013. Employers must submit these documents to obtain H-1B visas for highly skilled immigrant applicants seeking to work in the United States.
In many of his fraudulent I-129 applications, Santhanam falsely indicated that the applicants would be working at his company or placed at Fortune 500 companies, but instead he placed the workers at unapproved worksites. As part of his plea agreement, Santhanam paid a forfeiture judgment totaling $400,000.
The successful prosecution was the result of an investigation led by the DSS special agent assigned to the Document and Benefit Fraud Task Force (DBFTF), an interagency investigative body overseen by the Homeland Security Investigations Directorate of the U.S. Department of Homeland Security’s Immigration and Customs Enforcement.
So no jail time, only probation, and he forfeited $400K to USG, which is about $16K per fraudulent H1-B visa petition. A high risk, high return enterprise.
When the guilty plea was announced in December 2014, DOJ says that the maximum statutory penalty for conspiracy to commit visa fraud, in violation of 18 U.S.C. §§ 371 and 1546, is a maximum term of 5 years in prison, a fine of $250,000, and 3 years of supervised release.
Wow! All that work for the feds, and over 12 months after the guilty plea, and not a single day in jail. What does it take before fraud like this gets taken seriously enough that we actually put people in jail?