— By Domani Spero
McClatchy’s Michael Doyle reported last week about Foreign Service officer Michael T. Sestak who faces charges of conspiracy to commit visa fraud and bribery in an alleged visa-for-money scheme. We blogged about it here (see USCG Ho Chi Minh: Former Visa Chief Faces Charges of Conspiracy to Commit Visa Fraud and Bribery). This has also been covered widely by the local press in Vietnam with Toui Tre News running daily installments from the criminal complaint. (Update. On June 1, a Times Union report includes the name of one of the alleged co-conspirator based in Denver, Colorado and some career background of Michael T. Sestak prior to State: “Sestak left the Albany police force in 1999 to become a U.S. marshal, according to police officers who know him. He joined the Navy in 2001, rising to the rank of lieutenant commander and serving as an intelligence officer during tours that included assignments in the Pacific, Europe and Washington, D.C., according to military records.”).
We reached out to the US Embassy in Vietnam where officials refused to comment. Public Affairs Officer Christopher Hodges writes, “We have no comment but would instead refer you to the U.S. Attorney’s Office in Washington DC. You can reach them at 202 252 6933.” Similarly, the Bureau of Consular Affairs also declined to comment saying, “[W]e do not have any comment on topics related to Mr. Sestak’s case.” However, in an emailed response to an inquiry from Thanh Nien in Vietnam, Mr. Hodges reportedly said that they will seek to prosecute and punish those people involved to the fullest extent of the law. “Protecting the integrity of the U.S. visa is a top priority of the U.S. government. We have zero tolerance for malfeasance,” said Mr. Hodges, quoted in the local press.
The criminal complaint had been unsealed in early May but to-date, there has been no statement from USDOJ or the U.S. Attorney’s Office in the District of Columbia. According to court records, Mr. Sestak was remanded to the custody of the U.S. Marshal in California for removal to the District of Columbia on May 14, 2013. (Update. On May 31, Tuoi Tre News says its reporter contacted the U.S. Attorney’s Office for the District of Columbia for information on the legal proceedings against Michael Sestak and was told by Bill Miller, who is in charge of press inquiries, that Sestak is still detained in California while waiting to be transferred to Washington D.C. A D.C. court is making arrangements for Sestak’s trial, Miller said).
Based on the criminal complaint, this case appears to have originated from a letter received in July 2012 from a “confidential source” that claimed a “facilitator” was soliciting bribes from applicants in exchange for the issuance a U.S. visas (#8 on the complaint). The source reportedly included names, dates of births, and photographs of seven individuals alleged to have procured visas through this scheme.
The government has over 90 items listed on the affidavit executed by DSS agent Simon Dinits in support of the criminal complaint and arrest warrant dated May 8, 2013 signed by Judge Alan Kay of the District Court of the District of Columbia.
The affidavit executed by DSS Agent Dinits alleged that “sometime in or around March 2012, while working as a Consular Officer in the Non-Immigrant Visa (“NIV”) Unit of the United States Consulate in Ho Chi Minh City (the Consulate”), Vietnam, SESTAK conspired with others to solicit bribes from visa applicants in exchange for which he facilitated the approval of their visas through the Consulate.”
It also asserts that there is “probable cause to believe that Sestak has violated Title 18 USC 371 by conspiring to defraud the United States and to commit offenses against the United States , that is, visa fraud in violation of 18 USC 1546 and bribery in violation of 18 USC 201(b)(I) and (b)(2).”
The complaint noted that between August 2010 and September 2012, Sestak worked in the Nonimmigrant Visa (NIV) Unit of the Consular Section of HCMC. He was the NIV chief and supervised approximately four other consular officers. The recent OIG report on HCMC which praised the nonimmigrant visa work flow as “efficient” indicates that in addition to four officers, the NIV chief also supervised 16 local Vietnamese employees.
So what did Diplomatic Security looked at? It seemed like they dug up quite a bit:
1. Refusal Rates:
DSS reviewed the adjudication statistics and found that from May 1, 2012 – September 6, 2012, the HCMC approved 20,362 nonimmigrant visas (NIVs) and refused 11,024 NIVs, an overall refusal rate of 35.1%. The complaint notes that Sestak, during the same period approved 5,040 NIVs and refused 449 NIVs for a personal refusal rate of 8.17%. Sestak’s refusal rate went from 30.3% in January to 6.4% in May,11.3% in June, 9.35% in July, 3.82% in August and 6.67% in September which was his last month at post. (#11 in criminal complaint).
2. Tainted IP address
425 NIV applications had been accessed from two IP address. Sestak conducted initial interview for 404 of the 419 applicants and approved visas for 386 NIVs. DSS traced one IP address using a Virtual Private Network to an ISP in California, used to access all 408 NIV applications, and belong to one of the alleged co-conspirators with address in Denver, Colorado. The complaint notes that two other IP addresses were assigned to ISPs located in Vietnam and the US could not serve legal process to receive subscriber information for the relevant IP address logins.
3. Search Warrants on Gmail and Yahoo Emails
DSS executed search warrants to Gmail and Yahoo email accounts of alleged conspirators, including the emails of a co-conspirator’s father, sister in-law, and others as well as the email of Sestak’s sister in Yulee, Florida. The investigators also looked at Google chats between Sestak and alleged co-conspirator and unearthed 11 shell email accounts used to received biographic info for visa applicants.
4. Money Trails and Wire Transfers
DSS review of financial records between June 20, 2012 and September 11, 2012, indicates 35 money transfers totaling approximately $3,238,991.00 allegedly made to Sestak Thailand Bank Account; majority of the transfers came from Bank of China Beijing (#44). There was an alleged $600,000 transfer to Sestak Thailand Bank Acct (#46) and an email with transaction details of approximately $1.46 million in transfers allegedly to Sestak Thai Bank account (#47). Over half a dozen banks used in the transactions are mentioned in the complaint: Wells Fargo; Bank of Hawaii; Sestak’s Thailand Bank Account at Siam Commercial Bank PLC in Bangkok, Thailand; Bank of China Beijing; Amegy Bank of Texas; HSBC; Vietcombank.
5. Real Estate Purchases:
The complaint alleged that in mid-2012, Sestak entered agreements with a Thai real estate company to purchase four properties in Phuket, Thailand, including furnishing, for approximately $1,231,440.00 (#52). The complaint also alleged that in December 2012, Sestak entered agreements with a Thai real estate company to purchase five additional properties in Bangkok, Thailand for an approximate total of $2,103,360.00
6. Friends with Bad Benefits –#33 of the complaint includes this:
“In a chat dated June 1, 2012, co-conspirator 3 stated “last night we went out with this guy who works at the consulate– he’s the one that approves peoples visas …. and he’s this single guy who wants to find someone to be with ….and my brother knows that – so he’s been trying to get this guy out and introduce him to people ….so then later he can do him favors like …. have him approve visas for people.”
7. Statements on SF-86 Questionnaire and Interview
The complaint alleged that Sestak did not reveal his foreign bank account or foreign property purchases on his security background investigation questionnaire. It also alleged that at the time he submitted the SF-86 questionnaire, he had already opened the Sestak Thailand Bank Account and had entered agreements to purchase four properties in Thailand.
The criminal complaint says that Sestak had a recorded interview with DSS agents in WashDC on October 19, 2012 in connection with their investigation of Vietnamese employees at the consulate general. In that interview he was reportedly asked “Are you aware of any Americans that came to a lot of money when you were there, kind of unexpectedly, not in line with their regular salary? Sestak replied, “I can’t think of anybody that had anything.”
The allegations amounting to nearly $4 million dollars in a span of six months may be a new record but we should point out that the defendant is presumed innocent unless and until proven guilty in a court of law. While the allegations look damning, they are just allegations at this point until proven true in court.
We’re waiting for the DOJ statement and working on a follow-up post.