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Sen. Menendez Asks the Consular Affairs Nominee the Questions Y’All Wanna Ask

Posted: 1:26 pm PT

 

The Trump nominee to be Assistant Secretary of State for Consular Affairs appeared before the Senate Foreign Relations Committee yesterday (see July 18 SFRC Hearing: Carl Risch to be Assistant Secretary for Consular Affairs). There were four nominees during the hour and a half hearing chaired by Senator Ron Johnson, so basically 22.5 minutes for each nominee although the CT and CA nominees got most of the more substantial questions.

(click image to see the video)

Senator Robert Menendez (D-NJ) reminded Mr. Risch of his old congressional testimony advocating for the transfer of visa function to DHS in 2002 (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs). The exchange between Menendez and Risch starts at 00:45:50 via C-SPAN video here.

Senator Menendez started by congratulating all the nominees then quoted from Mr. Risch’s old testimony: “Congratulations to all of you. Mr. Risch in 2007 you appeared before the House Subcommittee on Government Reform. In a hearing, you said during my tenure as unit chief I adjudicated approximately 25,000 visa applications. I resigned in May of 2002 even though I received top evaluation and a challenging assignment. While I longed to return to my private practice, I was discouraged by the State Department’s lack of dedication to the enforcement of laws. I took my job very seriously. The State Department did not.”

Senator Menendez then asked: “Do you believe the State Department isn’t  committed to rule of law and national security of the United States?”

Mr. Risch’s response:

“Thank you senator, for the question and for the opportunity to address that testimony. The testimony was in 2002, not in 2007. It was 15 years ago that that testimony took place. It was during the time that the Department of Homeland Security was just being stood up. I believe a lot has changed at the State Department in 15 years. I’m enthusiastic about the future the way the bureau will be fulfilling its function with interagency cooperation, continuous vetting.”

Senator Menendez did not let him off the hook and asked again, “Do you believe the State Department is committed to the rule of law and the national security of the United States?”

Mr. Risch responded, Currently senator, I absolutely do.”

The NJ senator started talking about refugee and migration issues then asked Mr. Risch, “So do you believe that the Department of Homeland Security, which is notoriously bloated with a whole host of dysfunctional components, should be responsible still to have the visa, the very essence of the department you’re being nominated to, to be transferred to the Department of Homeland Security?”

Mr. Risch’s response:

“Well, 15 years ago, senator, I stand behind my testimony. It was a completely different time. And there were a lot of talk about consolidating different things into the Department of Homeland Security. Currently, I watched the Deputy Secretary testify yesterday that it’s currently not the intent of the Department of State —”

This is in reference to Deputy Secretary Sullivan’s testimony from Monday, at the same panel, about State not having an intention to transfer the consular function to DHS.  Senator Menendez cut him off saying “I’m not asking what their intent, I’m asking your view. You’re nominated for this position.”

This is Mr. Risch’s response:

“My view is I would … I follow the leadership of Department of State if confirmed. But as of today, I intend to lead the Bureau of Consular Affairs as it is currently formed. I believe that I will be, if confirmed a strong leader of all functions of the consular bureau including the visa function.” 

 

 

 

There’s something about Mr. Risch’s response that’s not very comforting to our ears. You, too? Maybe it’s the use of the word “currently” as “at the present time,” as in “now.” Maybe, that’s just his favorite word. Maybe it indicates that he does not have a solid view about a U.S. Government agency’s commitment to the rule of law and national security of this country.

To the question about his belief whether the State Department is committed to the rule of law and national security of the United States, Mr. Risch responded with “I absolutely do,” but he prefaced that response with “currently.” He used the same word when talking about the intent of the State Department, and in describing the bureau he is nominated to lead.

The use of the word “currently” implies that things might change. Does he know something we don’t? What he believes now, may not be what he believes next month, or next year. If the White House decides to move the visa function to DHS, and the State Department’s intent changes, Mr. Risch will “follow the leadership” at State. Then he will be back in the Senate to explain, “Currently, the State Department believe it is best to …”

For what it’s worth, we asked somebody who previously worked with Mr. Risch at an overseas post and the one feedback we got though brief was complimentary.

Mr. Risch’s prepared testimony is available here (pdf).

If confirmed, Mr. Risch would succeed career diplomat Michele Thoren Bond who served as Assistant Secretary for Consular Affairs from 2015-2017.

Below is a brief summary of the position and the previous appointees to this office via history.state.gov:

Assistant Secretaries of State for Consular Affairs

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs.” From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

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@StateDept Publishes Global Magnitsky Human Rights Accountability Act Report

Posted: 4:41 am ET

 

The State Department published the Global Magnitsky Human Rights Accountability Act Report on June 20. The Act enacted on December 23, 2016, authorizes the President to impose financial sanctions and visa restrictions on foreign persons in response to certain human rights violations and acts of corruption.

According to the notice, the President approved the report on April 21, 2017.  The report required per Pub. L. 114-328, Subtitle F details (1) U.S. government actions to administer the Act and (2) efforts to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by Section 1263 of the Act.

Under Sanctions, the report notes:

“Although no financial sanctions were imposed under the Act during the 120 days since its enactment, the United States is actively seeking to identify persons to whom this Act may apply and collecting the necessary evidence to impose sanctions.”

Under Visa Sanctions, the report notes:

“Although no visa sanctions were imposed under the Act during the 120 days since its enactment, the Department of State is continuously reviewing available information in order to take appropriate actions with respect to visa ineligibilities.”

Under Termination of Sanctions, the report notes:

“No sanctions imposed under the Act were terminated in the 120 days since its enactment.”

The report also notes the following:

“With the passage of the Act, the United States now has a specific authority to identify and hold accountable persons responsible for gross violations of human rights and acts of significant corruption. The global reach of this authority, combined with a judicious selection of individuals and entities, will send a powerful signal that the United States continues to seek an end to impunity with respect to human rights violations and corruption. The Administration is committed to implementing the Act to support efforts to promote human rights and fight corruption. By complementing current sanctions programs and diplomatic outreach, the Act creates an additional authority to allow the Administration to respond to crises and pursue accountability, including where country-specific sanctions programs may not exist or where the declaration of a national emergency under the National Emergencies Act may not be appropriate. With the establishment of the first dedicated global human rights and corruption sanctions program, the United States is uniquely positioned to lead the international community in pursuing accountability abroad consistent with our values.”

While no individual has been sanctioned under the act, the report lists a few examples of Treasury Department designations issued in recent years which illustrates designations that align with the Act’s focus on human rights and corruption.

Andrey Konstantinovich Lugovoy: On January 9, 2017, Russian national and member of the Russian State Duma Andrey Konstantinovich Lugovoy was designated under the Magnitsky Act, which includes a provision targeting persons responsible for extrajudicial killings, torture, or other gross human rights violations committed against individuals seeking to expose illegal activity by Russian government officials. Lugovoy was responsible for the 2006 extrajudicial killing of whistleblower Alexander Litvinenko in London, with Dmitriy Kovtun (also sanctioned) acting as his agent or on his behalf. Lugovoy and Kovtun were two of five individuals designated under the Magnitsky Act on January 9, 2017.

Evariste Boshab: On December 12, 2016, Evariste Boshab was designated under E.O. 13413 (“Blocking Property of Start Printed Page 28216 Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo”), as amended by E.O. 13671 (“Taking Additional Steps to Address the National Emergency With Respect to the Conflict in the Democratic Republic of the Congo”), for engaging in actions or policies that undermine democratic processes or institutions in the Democratic Republic of the Congo (DRC). Boshab offered to pay DRC National Assembly members for their votes in favor of a bill to amend electoral law to delay elections and prolong President Joseph Kabila’s term beyond its constitutional limit.

Kalev Mutondo: Also on December 12, 2016, Kalev Mutondo was designated under E.O. 13413, as amended by E.O. 13671, for engaging in actions or policies that undermine democratic processes or institutions in the DRC. Kalev supported the extrajudicial arrest and detainment of opposition members, many of whom were reportedly tortured. Kalev also directed support for President Kabila’s “MP” political coalition using violent intimidation and government resources.

North Korean Ministry and Minister of People’s Security: On July 6, 2016, the North Korean Ministry of People’s Security was designated pursuant to E.O. 13722 (“Blocking Property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea”) for having engaged in, facilitated, or been responsible for an abuse or violation of human rights by the Government of North Korea or the Workers’ Party of Korea. The Ministry of People’s Security operates a network of police stations and interrogation detention centers, including labor camps, throughout North Korea. During interrogations, suspects are systematically degraded, intimidated, and tortured. The Ministry of People’s Security’s Correctional Bureau supervises labor camps (kyohwaso) and other detention facilities, where human rights abuses occur, such as torture, execution, rape, starvation, forced labor, and lack of medical care. A Department of State report issued simultaneously with these designations cites defectors who have regularly reported that the ministry uses torture and other forms of abuse to extract confessions, including techniques involving sexual violence, hanging individuals from the ceiling for extended periods of time, prolonged periods of exposure, and severe beatings. Choe Pu Il, the Minister of People’s Security, was also designated for having acted for or on behalf of the Ministry of People’s Security.

Joseph Mathias Niyonzima: On December 18, 2015, Joseph Mathias Niyonzima was designated under E.O. 13712 (“Blocking Property of Certain Persons Contributing to the Situation in Burundi”) for being responsible for or complicit in or for engaging in actions or policies that threaten the peace, security, or stability of Burundi. Niyonzima supervised and provided support to elements of the Imbonerakure pro-government militia in Burundi, a group that has been linked to the arrest and torture of individuals suspected of opposing the Nkurunziza regime. He was also involved in plans to assassinate prominent opposition leaders.

Fahd Jassem al-Freij: On May 16, 2013, Syrian Minister of Defense Fahd Jassem al-Freij was designated pursuant to, among other authorities, E.O. 13572(“Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria”) for his role in the commission of human rights abuses in Syria. During his time as Syrian Minister of Defense, the Syrian military forces wantonly and capriciously killed Syrian civilians, including through the use of summary executions and indiscriminate airstrikes against civilians. Some of these airstrikes killed civilians waiting outside of bakeries.

The report says that the United States is committed to encouraging other countries to impose sanctions that are similar to those provided for by the Act. “The Department of State actively participates in global outreach, including the G-20 Denial of Entry Experts Network, a sub-group of the G-20 Anti-Corruption Working Group, in which countries share best practices among visa and immigration experts. Through this network, the United States has encouraged other G-20 members to establish and strengthen corruption-related visa sanctions regimes.”

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@StateDept Spox Talks About Visa Refusals, Oh Dear!

Posted: 3:01 am ET

 

Via the Department Press Briefing:

(No longer daily, now rebranded, and better than ever)

QUESTION: Well, does that mean parole – the fact that parole had to be used would suggest – and let’s just put it in a – not in this specific context, because you won’t talk about these visas specifically – would suggest that the reason for ineligibility stands, that – in other words, that if parole is the only way a person can get into this country, that the decision made by the consular officers at post stands.

MS NAUERT: The consular officers – as I understand it, under law and the way that they handle visa adjudications, once a visa is denied, that that is not able to be reversed, that that decision is not able to be reversed.

QUESTION: Right. In other words – so the decision that was made at post that these girls or anyone was ineligible for a visa stands. So —

MS NAUERT: I can’t comment – I cannot —

QUESTION: — then one wonders why the immigration law is such that it determines or that someone looking at it determines that a bunch of teenage Afghan girls are somehow a threat to the United States or are somehow a – somehow – or otherwise ineligible for an American visa.

MS NAUERT: I think commenting on that, as much as I would like to be able to share with you more about this – you know I can’t. You know I can’t because it’s a visa confidentiality, but I can tell you that it is not reversible once a consular affairs officer denies someone’s visa. DHS took it up; they have the ability to do so. Anything beyond that, DHS would have to answer that.

QUESTION: Right. But I mean it remains the State Department’s position that someone who can only get into the country on this parole – on parole is ineligible for a visa, correct?

MS NAUERT: I wouldn’t conflate one with the other. That is DHS. That’s a different department. That’s a different kind of program. That’s not a program that we administer here. Okay?

QUESTION: But State Department denied the visas twice before the parole was granted.

MS NAUERT: I can’t comment on that. Again, that would come under visa confidentiality. DHS made its decision, and so we are now glad that the girls are coming to the United States and wish them well.

QUESTION: But would that initial decision be reviewed, then, and whatever —

MS NAUERT: I know that our people at very senior levels in Afghanistan were involved in this, and I’ll just leave it at that. Okay?

QUESTION: So if parole – if visa – if visa information is completely confidential and you can’t discuss it, why is parole information available? And then why didn’t you give parole to the —

MS NAUERT: That’s a – you have to talk to DHS about that. Again, that’s a DHS program.

NOW THIS — tales of visa confidentiality:

In fairness to the State Department, the agency did not release any statement about its issuance of a visa to the current central player of the Russian controversy. The Department of Homeland Security did that on its own in a statement to BuzzFeed News last week when DHS cited the issuance of a B1/B2 nonimmigrant visa by the U.S. Department of State in June 2016.

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Related items:

9 FAM 403.10-4  (U) OVERCOMING OR WAIVING REFUSALS

INA 291 places the burden of proof upon the applicant to establish eligibility to receive a visa.  However, the applicant is entitled to have full consideration given to any evidence presented to overcome a presumption or finding of ineligibility.  It is the policy of the U.S. Government to give the applicant every reasonable opportunity to establish eligibility to receive a visa.  This policy is the basis for the review of refusals at consular offices and by the Department.  It is in keeping with the spirit of American justice and fairness.  With regard to cases involving classified information, the cooperation accorded the applicant must, of course, be consistent with security considerations, within the reasonable, non-arbitrary, exercise of discretion in the subjective judgments required under INA 214(b) and 221(g).

Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States

Individuals who are outside of the United States may be able to request parole into the United States based on humanitarian or significant public benefit reasons.

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Appropriations Committee Releases FY2018 DHS Bill, Includes $1.6 Billion For Border Wall

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Posted: 2:22 am ET

 

On July 11, the House Appropriations Committee released its proposed fiscal year 2018 Department of Homeland Security (DHS) Appropriations bill, which will be considered by the subcommittee on July 12. The legislation directs $44.3 billion in discretionary funding for DHS, an increase of $1.9 billion above the fiscal year 2017 enacted level. The bill includes $1.6 billion for physical barrier construction along the U.S. southern border. It also includes $6.8 billion – the same as the President’s request – for disaster relief and emergency response activities through the Federal Emergency Management Agency (FEMA), according to the Committee’s statement.

The bill highlights include the following:

Customs and Border Protection (CBP)

The bill contains $13.8 billion in discretionary appropriations for CBP – an increase of $1.6 billion above the fiscal year 2017 enacted level. These resources ensure our borders are protected by putting boots on the ground, improving infrastructure and technology, and helping to stem the flow of illegal goods both into and out of the country. Within this total, the legislation includes:

  • $1.6 billion for physical barrier construction along the Southern border – including bollards and levee improvements – meeting the full White House request;
  • $100 million to hire 500 new Border Patrol agents;
  • $131 million for new border technology;
  • $106 million for new aircraft and sensors; and
  • $109 million for new, non-intrusive inspection equipment.

Immigration and Customs Enforcement (ICE) – The bill provides $7 billion for ICE –$619.7 million above the fiscal year 2017 enacted level. Within this total, the legislation includes:

  • $185.6 million to hire 1,000 additional law enforcement officers and 606 support staff;
  • $2 billion – an increase of $30 million above the requested level – for domestic and international investigations programs, including efforts to combat human trafficking, child exploitation, cybercrime, visa screening, and drug smuggling;
  • $4.4 billion for detention and removal programs, including:
  • 44,000 detention beds, an increase 4,676 beds over fiscal year 2017;
  • 129 Fugitive Operations teams; and
  • Criminal Alien Program operations, including the addition of 26 new communities to the 287(g) program, which partners with local law enforcement to process, arrest, and book illegal immigrants into state or local detention facilities.

Transportation Security Administration (TSA)

The bill includes $7.2 billion for TSA – a decrease of $159.8 million below the fiscal year 2017 enacted level. This includes full funding ($3.2 billion) for Transportation Security Officers, privatized screening operations, and passenger and baggage screening equipment, in order to speed processing and wait times for travelers and cargo. This also includes $151.8 million to hire, train, and deploy 1,047 canine teams to further expedite processing time.

Cybersecurity and Protection of Communications

To combat increasingly dangerous and numerous cyber-attacks, the bill includes a total of $1.8 billion for the National Protection and Programs Directorate to enhance critical infrastructure and prevent hacking.

Within this amount, $1.37 billion is provided to help secure civilian (.gov) networks, detect and prevent cyber-attacks and foreign espionage, and enhance and modernize emergency communications. Funds are also included to enhance emergency communications capabilities and to continue the modernization of the Biometric Identification System.

Citizenship and Immigration Services (CIS)

The legislation does not fund most CIS activities, as these are funded outside the appropriations process through the collection of fees However, the bill does contain $131 million for E-Verify, which is funded within CIS and helps companies ensure their employees may legally work in the United States.

SEC. 107 of the bill requires the following:

(a) Not later than 30 days after the date  of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives, a report for fiscal year 2017 on visa overstay data by country as required by section 1376 of title 8, United States Code: Provided, That the report on visa overstay data shall also include—

(1) overstays from all nonimmigrant visa categories under the immigration laws, delineated by each of the classes and sub-classes of such categories; and 

(2) numbers as well as rates of overstays for each class and sub-class of such nonimmigrant categories on a per country basis.

(b) The Secretary of Homeland Security shall publish on the Department’s website the metrics developed to measure the effectiveness of security between the ports of entry, including the methodology and data supporting the resulting measures. 

For the complete text of the FY 2018 Subcommittee Draft Homeland Security Appropriations bill, see: http://docs.house.gov/meetings/AP/AP15/20170712/106241/BILLS-115HR-SC-AP-FY2018-HSecurity-FY2018HomelandSecurityAppropriationsBill-SubcommitteeDraft.pdf

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New Report on Tillerson-Miller Battle Over Visa and Refugee Functions

Posted: 12:40 pm ET

 

The Bureau of Consular Affairs via history.state.gov:

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs.” From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

WaPo’s John Rogin reported on Sunday about the internal administration debate over which part of the government should be charged of deciding who gets into the United States.  WH policy adviser Stephen Miller has reportedly been pushing Secretary Tillerson to get “tougher” on immigration, vetting and refugee policy at the State Department.   Rogin writes that a White House official told him that if Tillerson doesn’t go along with the changes that Miller and others (???) in the White House are pushing the State Department to implement internally, the plan to strip Foggy Bottom of its role supervising these functions could gain traction.  Rogin’s report quotes State Department spokesperson Heather Nauert saying that Tillerson believes that two bureaus should remain where they are and the Secretary of State reportedly views consular and refugees work “as essential to the Department’s mission to secure our borders and protect the American people.” We linked to Rogin’s report below.

Stephen Miller is widely regarded as the principal author of Trump’s travel ban.  We have a feeling that the only “tougher” vetting that Miller and company will find acceptable is shutting down the U.S. border.

We know that some folks are already distressed with the news about the the potential transfer of consular function to DHS. It doesn’t help that Secretary Tilleron’s “listening tour” recommended it (see @StateDept Survey Report Recommends Moving Issuance of Visas, Passports, Travel Docs to DHS).  Neither is it helpful to discover that the nominee to be the next Assistant Secretary of Consular Affairs is on the record supporting this move (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs. And we haven’t forgotten that the nominee to be the next “M” is a seasoned GOP budget aide (see Trump to Nominate Top GOP Budget Aide Eric Ueland to be Under Secretary for Management #StateDept).

But take a deep breath.

Last March, OPM released a publication titled, Workforce Reshaping Operations Handbook (pdf). Under Transfer of Function, OPM writes:

An interagency transfer of a function and/or personnel requires specific statutory authorization. Without a specific statutory basis, there is no authority for an agency to permanently transfer a function and/or personnel to another agency on the basis of a memorandum of understanding, a directive from the Executive Office of the President, a reimbursable agreement, or other administrative procedure.

So Congress would have a say whether or not consular function should be stripped from State and moved to DHS. We anticipate that Congressional representatives — especially those with oversight responsibilities are already aware of the many improvements over the visa and refugee vetting process — would need a compelling justification for moving both functions to another agency.  Like how would DHS make it better, with Agatha and a pre-crime division?

Per historical record, on April 18, 1997 then President Clinton announced the reorganization of foreign affairs agencies. In December 1998, he submitted a report to Congress on the reorganization as required by the Foreign Affairs Reform and Restructuring Act of 1998, the Act that provided authority to reorganize the foreign affairs agencies. On March 28, 1999, the United States Arms Control and Disarmament Agency (ACDA) was integrated into the State Department. The United States Information Agency (USIA) was integrated into State on October 1, 1999.  The Broadcasting Board of Governors (BBG), part of USIA, became a separate federal entity. The Act also provided that USAID remained a separate agency but on April 1, 1999, the USAID Administrator reported to and came under the direct authority and foreign policy guidance of the Secretary of State.  Shrinking State’s budget started in 1993 during the first Clinton term under Warren Christopher. The reorganization did not get completed until halfway through Clinton’s second term.

We cannot say whether or not this is going to happen. After all, during the Clinton years, GOP Senator Jesse Helms was chairman of the Foreign Relations Committee. So we need to pay attention where this is going, but would not do any good to panic over something that appears to be a floated idea at this time. It would, of course, be helpful if we can hear directly from Secretary Tillerson.

Three Fraudsters Sentenced For @StateDept Exchange Visitor Program Scheme

Posted: 1:46 am ET

 

Via USDOJ: Three Sentenced for Orchestrating a Nationwide Exchange Visitor Program Fraud Scheme

Acting United States Attorney Steve Butler of the Southern District of Alabama, U.S. Department of State Inspector General Steve A. Linick, and Homeland Security Special Agent in Charge Raymond R. Parmer, Jr. of the New Orleans Field Office announce that lead defendant David Marzano of Zephyr Cove, Nevada, has been sentenced to 26 months in federal prison.  His prison sentence will be followed by 3 years of supervised release.  Marzano was also ordered to pay restitution in the amount of $815,570.00.  Marzano’s co-defendants, Laura Blair also of Zephyr Cove and Janece Burke of Deerfield, Illinois, were each sentenced to 5 years of probation.   The court order Blair to pay $815,570.00, and Burke to pay $271,856.67 in restitution.

In 2002, David Marzano pled guilty in the U.S. District Court of the Northern District of Georgia to a conspiracy involving the unlawful smuggling of aliens.  The conviction stemmed from a staffing agency Marzano operated in the Atlanta area that utilized an illegal alien workforce.   For that offense, he was sentenced to 15 months in prison, followed by 3 years of supervised release.

After getting out of prison, Marzano began using the aliases “Paul Cohen” and “David Cole,” and started a series of new staffing agencies and shell companies based in Chicago, Illinois.  At the time of his arrest Marzano was the CEO of Bullseye Jobs and the former Director of the predecessor company, Hospitality & Catering Management Services.  Marzano’s adult daughter Janece Burke, a.k.a., “Paula Delaney,” “Paula Lawton,” “Jane Moore,” and “Danielle Young,” was the President of Bullseye, and Marzano’s wife Laura Blair, a.k.a., “Jean Cox,” was the company’s Marketing Director.  Together, and with the assistance of others, these defendants engaged in a massive, nationwide fraud scheme designed to unlawfully profit from U.S. Department of State Exchange Visitor Programs.

As was set out in the Indictment, in 1961, Congress passed the Mutual Educational and Cultural Exchange Act of 1961.  The purpose of the Act was to increase mutual understanding between people in the United States and people from other countries by means of educational and cultural exchanges that assist the U.S. Department of State in furthering the foreign policy objectives of the United States.

These educational and cultural exchanges are administered by the U.S. Department of State’s Exchange Visitor Program and governed by specific regulations set out in 22 C.F.R. Part 62.  Annually, more than 275,000 foreign nationals from all over the world enter the United States through one of the Exchange Visitor Programs.  These programs include the Summer Work & Travel Program (“SWT Program”) and the Intern & Training Program (“I/T Program”).

Unlike the SWT Program, the I/T Program is limited to training, and is not an employment program.  As such, regulations specifically prohibit employers from using I/T Program participants as substitutes for ordinary employment or work purposes.  Furthermore, staffing agencies are expressly prohibited from being involved in the I/T Program.

Since the defendants were operating several staffing agencies, the only way to get organizations to sponsor I/T Program participants of the defendants’ companies was to fraudulently misrepresent the true nature of their businesses.   This was primarily done via e-mail between the defendants — who operated under numerous aliases— and sponsor organizations.  In addition, the defendants created various shell companies with names that closely resembled well-known corporations.  One such shell company was Crowne Partnership Group, which, despite representations made by the defendants, had no association with Crowne Plaza Hotels.

As a result of their fraud scheme, more than 200 foreign nationals came to the United States believing that they would be part of the Department of State’s I/T Program.  As the Court heard from victims who testified at the hearing or who submitted victim impact letters, the thousands of dollars necessary to enroll in the program and travel to the United States was a major hardship for many of the foreign victims.  They believed the investment was worth it as the training received through the I/T Program would allow them to return to their home country with much better prospects for being hired as an upper-level executive in foreign-based U.S. companies.  However, rather than receiving the high-level managerial training they expected, the victims were pawned off as cheap foreign labor to restaurants, hotels, and theme parks.  The victims were also required to live in housing arranged by the defendants’ companies.  The businesses where the victims worked paid Marzano directly, but the victims only received a small portion of the wages they earned.

On May 12, 2015, David Marzano and Laura Blair were arrested at Tampa International Airport.  Janece Burke was arrested that same morning in Deerfield, Illinois.  Contemporaneous with the arrests, multiple search warrants were executed in Florida and Nevada.

On June 22, 2015, Janece Burke pled guilty to conspiring with Marzano and Blair to commit wire and mail fraud.  Thereafter, Burke began cooperating with the United States.  Laura Blair pled guilty to the conspiracy charge on April 4, 2016.  That same day, David Marzano pled guilty to the conspiracy charge, as well as a charge for substantive wire fraud, and began cooperating with the United States as well.  The extensive cooperation by both Burke and Marzano has led to various administrative and criminal actions related to other fraud schemes within the I/T Program and other State Department initiatives.

Acting United States Attorney Steve Butler lauded the extensive partnership between the Department of State Office of Inspector General and the Mobile Office of Homeland Security Investigations in shutting down this major fraud scheme.  “The defendants falsely and fraudulently misrepresented the nature of their businesses, which caused real harm to over two hundred victims across the world,” said Acting U.S. Attorney Butler.  “These were vulnerable victims who believed they were coming to the United States to receive high-level training, but who were unfortunately subject to a cruel bait-and-switch.  My office will continue to aggressively prosecute those who seek to defraud vulnerable victims.”

Inspector General Steve A. Linick commended the work of those involved in investigating the case from the Office of Inspector General for the U.S. Department of State. “We are proud to have played a key role in investigating and bringing to justice those who exploit U.S. Department of State programs, such as these, for personal gain.”

Homeland Security Investigations Special Agent in Charge Ray Parmer stated, “Mail and wire fraud can have a devastating impact on victims.  In this case, people expected to come to this country legally and get training and experience.  However, the greed of these three individuals turned trusting people into cheap foreign labor.  HSI will continue to work with our partner law enforcement agencies to ensure we bring those guilty of committing these crimes to justice.”  The New Orleans Field Office, run by Special Agent in Charge Parmer, is responsible for criminal investigations in Alabama, Arkansas, Louisiana, Mississippi, and Tennessee.

This matter was jointly investigated by the U.S. Department of State – Office of Inspector General and HSI-Mobile.  The case was prosecuted by Assistant U.S. Attorney Christopher J. Bodnar of the U.S. Attorney’s Office for the Southern District of Alabama.

 

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Consular Affairs Specifically Responds to ‘Move CA to DHS’ News, Spectacularly Omits It in Message to Troops

Posted: 1:50 pm ET

 

So we blogged about Carl Risch who was recently nominated to be the next Assistant Secretary for the Bureau of Consular Affairs (State/CA).  See Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs. Yesterday, CNN reported that the Trump White House is reportedly considering a proposal to move both CA and PRM to the Department of Homeland Security. See Trump White House Reportedly Considering Folding CA and PRM to Homeland Security.

Today, Acting Assistant Secretary for Consular Affairs David T. Donahue sent a message of “reassurance” to CA employees, without ever mentioning that CNN report. AAS Donahue must think CA folks all live under huge rocks with no cable teevee, or the Internets. Here is the short form:


Below is the long, not funny form where the AAS says he is “committed to keeping you informed as information is available” in the same message that specifically respond to and spectacularly omits the news report that there is a proposal to move CA to DHS:

You may have seen news reports about a draft proposal to the Office of Management and Budget (OMB) regarding Consular Affairs. Executive Order 13781<https://www.whitehouse.gov/the-press-office/2017/03/13/presidential-executive-order-comprehensive-plan-reorganizing-executive> tasked OMB with a broad collection of proposals from the public and from agencies on how to improve the efficiency, effectiveness, and accountability of the government. This is one of many proposals that resulted from those conversations and brainstorming sessions.

I know we are all proud of the work we do to protect the lives and serve the interests of U.S. citizens abroad and to strengthen the U.S. border with every visa and passport decision we make. We share the President’s desire to do that work as efficiently and effectively as possible. Input from the field has resulted in a number of innovations in recent years, and I encourage all of you to continue to share your thoughts and ideas as to how we can improve our processes.

I am committed to keeping you informed as information is available. Please feel free to forward this message to your consular colleagues. Thank you for the work you do every day to execute our mission with excellence, professionalism, and the highest commitment to public service.

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Trump White House Reportedly Considering Folding CA and PRM to Homeland Security

Posted: 3:43 am ET

 

Last week, we blogged about Carl Risch who was recently nominated to be the next Assistant Secretary for the Bureau of Consular Affairs (State/CA).  See Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs. On Wednesday, CNN came out with a report about the Trump White House is reportedly considering a proposal to move both CA and PRM to the Department of Homeland Security. The report says the memo came from the WH Domestic Policy Council.  Trump’s DPC page currently says “Domestic Policy Council – Check back soon for more information.”

According to the Obama White House, Executive Order in 1993, established the Domestic Policy Council (DPC) to coordinate the domestic policy-making process in the White House, to ensure that domestic policy decisions and programs are consistent with the President’s stated goals, and to monitor implementation of the President’s domestic policy agenda.

The DPC is chaired by the President and comprised of the following Council members (see if you can spot who’s missing):

  • Vice President;
  • Secretary of Health and Human Services;
  • Attorney General; Secretary of Labor;
  • Secretary of Veterans Affairs;
  • Secretary of the Interior;
  • Secretary of Education;
  • Secretary of Housing and Urban Development;
  • Secretary of Agriculture;
  • Secretary of Transportation;
  • Secretary of Commerce;
  • Secretary of Energy;
  • Secretary of the Treasury;
  • Administrator of the Environmental Protection Agency;
  • Chair of the Council of Economic Advisers;
  • Director of the Office of Management and Budget;
  • Assistant to the President for Economic Policy;
  • Assistant to the President for Domestic Policy;
  • Assistant to the President and Director of the Office of National Service;
  • Senior Advisor to the President for Policy Development;
  • Director, Office of National Drug Control Policy;
  • AIDS Policy Coordinator; and
  • such other officials of Executive departments and agencies as the President may, from time to time designate.

You can read the full Executive Order here.

A January 5 Transition announcement includes the following appointments to the DPC; director and council report to the Senior Advisor to the President for Policy, Stephen Miller.

Director of the White House Domestic Policy Council - Andrew Bromberg -worked at the U.S. Department of Health and Human Services from 2001 to 2009, including serving as the Chief of Staff for the Office of Public Health and Science. He later served as Policy Advisor and Counsel on Nominations for Senator Mitch McConnell. He worked as the Policy Director for the 2016 Republican Party Platform. He now works in a lead policy and administrative role on the Presidential Transition Team.

Deputy Director of the Domestic Policy Council and Director of Budget Policy  – Paul Winfree – Director of the Thomas A. Roe Institute for Economic Policy Studies, the Center for Data Analysis and the Richard F. Aster Research Fellow, all at The Heritage Foundation. Prior to joining Heritage, Mr. Winfree was the Director of Income Security on the U.S. Senate Committee on the Budget.

Via CNN:

The White House is considering a proposal to move both the State Department bureau of Consular Affairs and its bureau of Population, Refugees, and Migration to the Department of Homeland Security, a senior White House official tells CNN.

The move, which the White House official cautioned was far from becoming official policy, would likely be controversial among diplomats and experts in State Department matters.
[…]
The proposals were written in a memo submitted to the White House Office of Management and Budget from the White House Domestic Policy Council as part of President Trump’s March executive order pushing for ideas for Government Reorganization.
[…]
A senior White House official cautioned that the proposal was far from becoming policy, telling CNN that the idea of moving the longstanding State Department bureaus to the Department of Homeland Security is “one among many in a document resulting from a brainstorming session focused on improving efficiencies across government. None has been reviewed in great depth, let alone formally approved.”
More ….

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Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs

Posted: 10:08 am PT
Updated: 1:14 pm ET

 

On June 21, President Trump announced his intent to nominate Carl C. Risch to be the next Assistant Secretary for Consular Affairs. The WH released the following brief bio:

Carl C. Risch of Pennsylvania, to be an Assistant Secretary of State for Consular Affairs. Carl C. Risch is the Acting Chief of Staff in the U.S. Citizen and Immigration Services. He was previously the Field Office Director, U.S. Citizenship and Immigration Services, at the American Embassy in Seoul, South Korea. He is a highly regarded Pennsylvania attorney. A senior immigration official abroad and in Washington, D.C. for over a decade, and a former Foreign Service Officer (Consular) with the Department of State, Mr. Risch is expert in the responsibilities and challenges of managing Consular Affairs worldwide. He earned a BA from Bloomsburg University of Pennsylvania and a JD from Dickinson School of Law in Carlisle, Pennsylvania.

A quick background: The Consular Affairs (CA) Bureau has over 12,000 employees at 28 domestic passport facilities, 2 domestic visa centers, 8 headquarters offices, and more than 240 consular sections at embassies and consulates around the world.  In FY 2015, it adjudicated 13.2 million visa applications. A 2014 OIG report notes that “international tourism supports more than $180 billion of economic activity and more than 8 million U.S. jobs. A total of 819,644 international students in the United States contribute as much as $24 billion to the U.S. economy.”  We don’t have updated numbers but in FY2012, the Bureau also generated approximately $3.14 billion in consular fee revenue, of which 78% ($2.45 billion) was retained by the Department of State and shared among its regional and functional bureaus.

The State Department’s staffing models include potential developments such as an expected Consular workload increase of approximately 50 percent from FY 2013 to FY2021; and a projected deficit of more than 900 Entry Level Generalists for EL Consular positions by the end of FY 2020 under current Consular workload forecasts. That’s just for starters.  A 2014 report notes that the U.S. mission in China processed more than 1 million visa applications in 2011; the mission also believed that within 10 years, annual demand for visas in China alone could jump to 10 million.

U.S. Consular Flag: For use of consular officers in charge of consular posts

So, folks might recall that in the aftermath of 9/11, there was a big fight to move the visa function from the State Department to the newly proposed agency department, the Department of Homeland Security.  Congress eventually established the Department of Homeland Security in November 2002 and tasked the new agency entity with setting visa policy, leaving responsibility for adjudicating visa applications with the State Department. In July 15, 2002, about four months prior to the creation of DHS, the Sub-Committee on the Civil Service, Census and Agency Organization of the Committee on Government Reform held a hearing called “Strengthening America: Should the Issuing of Visas be Viewed as a Diplomatic Tool or Security Measure?”

Among the many witnesses in that hearing was Carl C. Risch who was introduced as an attorney who practiced law in Pennsylvania and a former Foreign Service officer in the State Department who also “has some firsthand experience of Consular Affairs.”

The official WH announcement did not mention this, but Mr. Risch who served one tour as a junior officer in Europe in 1999, once advocated before Congress that the visa function be moved from the State Department to Homeland Security. Perry-Pruitt familiar? That was 15 years ago, and we don’t know what is his thoughts on this issue from his current cubicle at DHS/CIS, but this is part of the nominee’s history with the bureau that he is now nominated to lead. We expect that there would be questions related to this during his confirmation hearing.

The GPO record of the 2002 hearing includes a biographic data for Mr. Risch as follows:

Carl C. Risch is an attorney and former foreign service officer now living in Carlisle, Pennsylvania. Bom March 10, 1970, in Bloomsburg, Pennsylvania, he was graduated from Bloomsburg University  summa cum laude in 1992 and the Dickinson School of Law magna cum laude in 1995. He worked as a litigation associate at Kirkpatrick & Lockhart LLP from 1995 until 1997. In 1997, Mr. Risch joined his  present law firm, Martson Deardorff Williams & Otto in Carlisle, Pennsylvania, as an associate  specializing in corporate law, business transactions, and land use and development. From 1998 until 1999, he served as an assistant adjunct professor of business law at Franklin & Marshall College in Lancaster, Pennsylvania, where he taught contracts and business organizations.

In 1999, Mr. Risch took a leave of absence from his law practice to accept an appointment to the United States Foreign Service. Following a year of training in Washington, D.C., Mr. Risch and his wife, Wendy, were assigned to the U.S. Consulate General in Amsterdam, the Netherlands. While in Holland, Mr. Risch managed the Nonimmigrant Visa Unit for 15 months, worked for 3 months at the U.S. Embassy in The Hague, and managed the American Citizen Services Unit in Amsterdam for 7 months.  In May 2002, Mr. Risch resigned from federal service and rejoined his law firm in Carlisle.

The GPO record also includes Mr. Risch statement to the Sub-Committee.

-> STATEMENT OF CARL C. RISCH, ATTORNEY

Mr. Risch. Thank you, Mr. Chairman, for allowing me to come
and testify on such an important issue. My name is Carl Risch and
I’m a former Foreign Service officer of the U.S. Department of
State having served from 1999 until 2002. From 2000 until 2002,
I served as Vice Consul at the Consulate General in Amsterdam,
the Netherlands, where I managed the Nonimmigrant Visa Unit
for 15 months, including on September 11, 2001.

During my tenure as Unit Chief, I adjudicated approximately
25,000 visa applications. I resigned in May 2002 even though I re-
ceived top evaluations and a challenging onward assignment. While
I longed to return to my private law practice, I was also discour-
aged by the State Department’s lack of dedication to the effective
enforcement of the immigration laws of the United States. I took
my job very seriously. The State Department did not.

Unlike other witnesses you’ve seen, I never served in a so-called
visa mill. In fact, I experienced the best the State Department has
to offer; a tour in a first class, Western European city and at a post
with no staffing problems and a high visa issuance rate.

The fact that even I was terrified by State’s incompetence and
apathy toward law enforcement proves just how far this problem
has progressed. I urge the Congress to support the transfer of the
visa issuing function from State’s Bureau of Consular Affairs to the
new Department of Homeland Security, a department that will be
committed to the rule of law and the national security of the
United States.

During my tour in Amsterdam, I observed two primary institu-
tional problems with the way the State administers visas. First,
State routinely sacrifices the rule of law in order to further its dip-
lomatic goals and ignores the impact this may have on national se-
curity. Second, State considers visa adjudication to be a right of
passage of all Foreign Service officers, even the vast majority who
are disinterested in consular service.

The State Department is by definition a diplomatic institution.
Our officers at posts abroad work hard to improve America’s image
overseas. Adjudicating visa applications, however, has nothing to
do with diplomacy. Immigration law like environmental regulations
and the tax code is a complex, specialized set of rules which allows
foreign nationals to apply for permission to travel to the United
States. The proper administration of these laws requires strict ad-
herence to the rule of law even when decisions are unpopular.

State’s diplomatic function has proven too inconsistent with this
law enforcement function for it to be trusted with this responsibil-
ity. The result has been a visa policy whereby the rule of law is
repeatedly sacrificed to please host country officials and important
contacts in reckless disregard of the impact on national security.

Just one example: While serving in Amsterdam, I interviewed a
Tanzanian who wanted to visit the United States. He had only
been in Holland for a few days as a visitor. He could not articulate
a single reason for wanting to visit the United States or even give
a specific geographic destination for his trip. He had no evidence
of employment or other ties to Tanzania or any other country.

I refused his application for failure to prove his qualifications for
a visit to visit the United States. Less than an hour later, a high-
ranking official called me into his office. Apparently, a local VIP
had called to report that he was disappointed to hear that his
neighbor’s safari jeep driver from Tanzania had been denied a visa.

After the State official apologized to the neighbor for any incon-
venience this man caused, I was then directed to issue the visa.
The fact that the applicant did not qualify for a visa under any rea-
sonable interpretation of the Immigration and Nationality Act did
not seem to bother the official. The only thing that mattered was
the diplomatic mission. Only an agency committed to law enforce-
ment and not diplomacy should be trusted with enforcing the laws
as intended by Congress.

State’s record on visa worsens when one views its staffing policy.
Simply put, State views visa adjudication as garbage work to be
delegated to the lowest ranking, least experienced officers. Poorly
trained, unenthusiastic officers are sent by the hundreds every
year to be our first line of defense at visa issuing posts abroad.

Although virtually all FSOs must spend some time adjudicating
visas, only a minority are actually interested in the work. The rest
suffer through it with the knowledge that the rest of their careers
will be spent elsewhere. It is no wonder that State cannot com-
petently administer the visa function when it intentionally staffs
its Consular sections with people who desperately do not want to
be there.

Visa work should be done by people who are interested in a law
enforcement career, although State behaves as if no one ever wants
to spend their careers adjudicating visas abroad. This is simply not
true. I found visa work to be an exciting and important job where
I could use all my skills as an attorney to implement and enforce
the laws of the United States. I know I’m not alone.

I urge the Congress to support the transfer of the visa issuing
function to the new Department of Homeland Security where visa
sections will likely be staffed with dedicated and enthusiastic law
enforcement officers committed to the national security of the
United States. Thank you.

-> END STATEMENT

 

Related notes:

The Homeland Security Act of 2002 (HSA) contained language stating that DHS is responsible for formulating regulations on visa issuances. In §428, the Secretary of DHS is expressly tasked as follows:

…shall be vested exclusively with all authorities to issue regulations with respect to, administer, and enforce the provisions of such Act, and of all other immigration and nationality laws, relating to the functions of consular officers of the United States in connection with the granting or refusal of visas, and shall have the authority to refuse visas in accordance with law and to develop programs of homeland security training for consular officers (in addition to consular training provided by the Secretary of State), which authorities shall be exercised through the Secretary of State, except that the Secretary shall not have authority to alter or reverse the decision of a consular officer to refuse a visa to an alien … 17

The HSA also enabled DHS to assign staff to consular posts abroad to advise, review, and conduct investigations, which is discussed more fully below. It further stated that DOS’s Consular Affairs continued to be responsible for issuing visas. The HSA required DHS and DOS to reach an understanding on how the details of this division of responsibilities would be implemented.

Some critics of transferring the visa function to DHS warned that visa issuance “adjudication” might become subject to judicial appeals or other due process considerations if a stateside agency, such as DHS, assumed responsibility. As a result, §428(f) of the HSA stated: “Nothing in this section shall be construed to create or authorize a private right of action to challenge a decision of a consular officer or other United States official or employee to grant or deny a visa.” (via CRS)

Memorandum of Understanding Between the Secretaries of State and Homeland Security Concerning Implementation of  Section 428 of the Homeland Security Act of 2002 (via state.gov)

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Sex Trafficker Used @StateDept’s Summer Work Travel Program in Scheme Targeting Foreign Students

Posted: 1:52 am ET

 

On March 24, USDOJ announced the sentencing of Jeffrey Jason Cooper to 30 years in prison for sex trafficking. Cooper recruited foreign university students from Kazakhstan through the Department of State’s Summer Work Travel Program (SWTP), falsely promising them clerical jobs at his fictitious yoga studio.   According to DOJ, he fraudulently induced an educational exchange agency to sponsor the victims’ visas, and caused government officials to issue the victims temporary, non-immigrant “J-1” visas based on Cooper’s false and fraudulent offer of legitimate summer jobs.

Below via USDOJ/FL:

Miami Beach Sex Trafficker Sentenced To 30 Years in Prison For International Trafficking Scheme Targeting Foreign University Students

Defendant Lured Foreign Students on False Promises in Furtherance of Interstate Prostitution and Erotic Massage Enterprise

Chief United States District Court Judge K. Michael Moore of the Southern District of Florida sentenced Jeffrey Jason Cooper, 47, of Miami Beach, Florida, to 30 years in prison for sex trafficking and related violations arising from the defendant’s scheme to recruit foreign students on false promises of legitimate summer jobs, and then to advertise them to customers of his prostitution and erotic massage enterprise. Chief Judge Moore also ordered Cooper to pay $8,640.00 in restitution to the victims.

A jury convicted Cooper on Nov. 17, 2016, of five counts of sex trafficking and attempted sex trafficking by fraud, three counts of wire fraud, two counts of importing and attempting to import aliens for prostitution or immoral purposes, and one count of using a facility of interstate commerce to operate a prostitution enterprise. According to evidence presented during the four-day trial, Cooper recruited foreign university students from Kazakhstan through the Department of State’s Summer Work Travel Program, falsely promising them clerical jobs at his fictitious yoga studio. In addition to defrauding the students, Cooper fraudulently induced an educational exchange agency to sponsor the victims’ visas, and caused government officials to issue the victims temporary, non-immigrant “J-1” visas based on Cooper’s false and fraudulent offer of legitimate summer jobs.

After the victims arrived in Miami, Cooper revealed to them for the first time that the yoga studio did not exist and that he expected them to perform erotic massages for customers of his erotic massage and prostitution enterprise. Witnesses testified that the victims, shocked and upset, tried to find work elsewhere but eventually gave up and began working for the defendant.

As established at trial, police began investigating Cooper after neighbors complained he was prostituting women from his apartment complex, and conducted an undercover operation that led to the recovery of the victims, one day before Cooper had scheduled them to travel to Los Angeles, California, where Cooper also operated his prostitution and erotic massage enterprise. When questioned by law enforcement, Cooper claimed that the victims cleaned apartments for him, and characterized his relationship with them as that of an “older brother.” Evidence at trial included records from Backpage.com advertising the victims’ services, and Facebook communications confirming that Cooper recruited the victims on false and fraudulent pretenses, revealing the true nature of his erotic massage and prostitution enterprise only after the victims arrived in the United States.

“The successful prosecution and decades-long sentence imposed on Jeffrey Cooper illustrate the international impact of law enforcement’s united efforts to combat human trafficking – whether by fraud, force or otherwise,” said Acting U.S. Attorney Benjamin G. Greenberg. “The U.S. Attorney’s Office will continue to bring to justice those individuals who knowingly exploit others for their own personal profit.”
[…]
“We are committed to working with our law enforcement partners to prevent situations where vulnerable individuals are exploited in human trafficking schemes such as this,” said Christian Schurman, acting director of the State Department’s Diplomatic Security Service (DSS). “Because of our global presence, DSS is positioned to work with U.S. and foreign law enforcement to stop those that would manipulate instruments of international travel to profit from selling human beings in this way.”

The case was investigated by HSI and DSS, with assistance from the Prosecutor General’s Office in Kazakhstan; the FBI Legal Attaché Office in Astana, Kazakhstan; the Justice Department’s Office of International Affairs, the Miami Dade Police Department and the North Bay Village, Florida, Police Department. The case was prosecuted by Assistant U.S. Attorney Seth M. Schlessinger, who was previously with the Southern District of Florida and is now with the Eastern District of Pennsylvania, and Trial Attorney Matthew T. Grady of the Civil Rights Division’s Human Trafficking Prosecution Unit.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.  Some of the documents including the complaint are also available online here through plainsite.org.

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