Binh Tang Vo Gets 8 Years For Conspiring With Former U.S. Consulate Official in Visa Scheme

Posted: 3:42 pm EDT
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We have previously blogged about the Sestak visa scheme in this blog (see Michael T. Sestak Visa Scandal: Two Co-Conspirators Sentenced to 10 Months and 16 MonthsFSO Michael T. Sestak Pleads Guilty in Visa Fraud-Bribery Case, Faces 19-24 Years in Prison). Last month, the Justice Department announced that Binh Tang Vo, a U.S. citizen and one of the alleged conspirators pleaded guilty and was sentenced to eight years in prison plus forfeiture of nearly $5.1 million. Court records indicate that Michaell Sestak’s sentencing had been rescheduled for this month.

Via USDOJ:

Man Sentenced to Eight Years in Prison for Conspiring With Former U.S. Consulate Official in Visa Scheme | Vietnam-Based Scheme Yielded Millions of Dollars in Bribes

WASHINGTON  Binh Tang Vo, 41, an American citizen who had been living in Vietnam, was sentenced today to eight years in prison on charges of conspiracy to commit bribery and visa fraud, bribery of a public official, and conspiracy to commit money laundering, announced Acting U.S. Attorney Vincent H. Cohen, Jr. and Bill A. Miller, Director of the U.S. Department of State’s Diplomatic Security Service (DSS).

Vo pled guilty to the charges in March 2015 in the U.S. District Court for the District of Columbia. The plea agreement, which was contingent upon the Court’s approval, called for a prison sentence between six and eight years, as well as forfeiture of nearly $5.1 million. The Honorable Emmet G. Sullivan accepted the plea agreement and sentenced Vo accordingly today.

Vo was arrested on Sept. 24, 2013, at Washington Dulles International Airport and has been held without bond ever since.

According to a statement of facts in support of his guilty plea, Vo conspired with co-defendant Michael Sestak and others to obtain visas to the United States for Vietnamese citizens.  Sestak was the Non-Immigrant Visa Chief in the Consular Section of the U.S. Consulate in Ho Chi Minh City, Vietnam from August 2010 to September 2012.

As outlined in the statement of facts, Vo and Sestak conspired with other U.S. citizens and Vietnamese citizens to advertise the scheme and recruit customers. Co-conspirators reached out to people in Vietnam and the United States and advertised the scheme by creating a website and by spreading the word through emails and telephone calls.  The conspirators told potential customers that once the customers obtained a visa from the scheme, they could disappear, get married or return to Vietnam and be assured of receiving visas in the future.

Vo and his co-conspirators received biographical information and photographs from customers and assisted them with their visa applications.  Upon submitting an application, the applicant would receive an appointment at the Consulate, be interviewed by Sestak, and approved for a visa. Applicants or their families generally paid between $30,000 and $60,000 per visa.  Nearly 500 fraudulent visas were issued as a result of the conspiracy.

Applicants paid for their visas in Vietnam, or by routing money to co-conspirators in the United States.  Vo admitted to receiving millions of dollars for arranging for Sestak to approve the visas.  He ultimately moved some of the money out of Vietnam by using money launderers to move funds through off-shore banks.  Co-conspirators also had money laundered through off-shore banks to bank accounts in the United States.

“Binh Vo conspired with a corrupt U.S. Consulate Official to collect bribes in exchange for issuing visas that allowed nearly 500 Vietnamese nationals to enter the United States,” said Acting U.S. Attorney Cohen.  “Binh Vo and his family members recruited bribe-paying customers by telling them that once in the United States they could disappear or get married.  He collected millions of dollars in bribes by undermining the integrity of the process used to screen foreign visitors to our country.  This prison sentence demonstrates our commitment to preserving the integrity of a process that is critical to our national security.”

“The U.S. visa is one of the most coveted travel documents in the world. Foreign nationals who acquire visas fraudulently to enter the United States could do so in order to carry out any number of criminal activities, including terrorism,” said Director Miller. “This case demonstrates Diplomatic Security’s unwavering commitment to investigating visa fraud and ensuring that those who commit this crime are brought to justice.”

Sestak, 44, pled guilty in November 2013 to one count each of conspiracy to commit bribery and visa fraud and to defraud the United States, bribery of a public official, and conspiracy to engage in monetary transactions in property derived from illegal activity. He is scheduled to be sentenced July 1, 2015.

Hong Vo, 29, an American citizen, and Truc Thanh Huynh, 31, a Vietnamese citizen, also pled guilty to conspiring with Sestak and Binh Vo.  Hong Vo is Binh Vo’s sister, and Truc Thanh Huynh is Binh Vo’s cousin. Hong Vo was sentenced in March 2014 to seven months in prison and three months of home detention. Truc Tranh Huynh was sentenced in February 2014 to 16 months of incarceration.

According to the statement of facts, fraudulent visas granted by Sestak were connected to an Internet Protocol (“IP”) address controlled by Hong Vo. Huynh allegedly participated in the visa scheme by obtaining documents necessary for the visa applications, collecting money and providing model questions and answers for visa applicants.  Sestak also allegedly approved a visa for Huynh to the United States, the application for which was submitted by the IP address controlled by Hong Vo.

The case was investigated and prosecuted by the U.S. Department of State Diplomatic Security Service and Assistant U.S. Attorneys Brenda J. Johnson, Alessio D. Evangelista of the National Security Section, and Catherine K. Connelly and Jennifer Ambuehl of the Asset Forfeiture and Money Laundering Section, as well former Assistant U.S Attorneys Christopher Kavanaugh, and Mona N. Sahaf.

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Michael T. Sestak Visa Scandal: Two Co-Conspirators Sentenced to 10 Months and 16 Months

— Domani Spero

On November 6, 2013, USDOJ announced that Michael T. Sestak, the former Nonimmigrant Visa Section Chief at the US Consulate General in Ho Chi Minh City had pleaded guilty to “receiving more than $3 million in bribes” in exchange for U.S. visas.  Two women were also charged in the visa fraud-bribery conspiracy:  Hong Vo, 27, an American citizen, and Truc Tranh Huynh, 29, a Vietnamese citizen.  On September 24, 2013, US authorities arrested Binh Vo, a U.S. citizen and another of the remaining alleged co-conspirators at the Washington Dulles International Airport.  The last one of the alleged co-conspirators, Anhdao Thuy Nguyen, 30, a Vietnamese citizen, and Bihn Vo’s wife remains at large.

On Febraury 4, 2014, court records indicate that the case of ANHDAO T. NGUYEN was “directly reassigned to Calendar Committee as she has been a fugitive for more than 90 days.”

On March 7, 2014, BINH TANG VO was arraigned on Counts 1ss,2ss-14ss,15ss-27ss, and 28ss before Judge John D. Bates. Plea of NOT GUILTY was entered by BINH TANG VO as to all Counts of the Superseding Information.

In the case of  Vietnamese national Truc Tranh Huynh, court records indicate that sentencing was held onFebruary 21, 2014 before Judge John D. Bates as to Ms. Huynh (5) on Count 23s. Defendant was sentenced to Sixteen (16) months of incarceration and Twelve (12) months of Supervised Release; Special Assessment of $100. Defendant committed; commitment issued.  She previously entered a plea agreement in October last year.

According to court records, defendant Hong Vo also pleaded guilty to one count of a criminal information arising out of her participation in a wide spread visa fraud scheme.  The Government’s memorandum in aid of sentencing filed by U.S. Attorney Ronald C. Machen, Jr. on the case of Ms. Vo says in part:

 The defendant’s participation in this multi-million dollar scheme implicated both the national security and foreign policy interests of the United States and, thus, warrants an appropriately strong sentence. The need for proper deterrence is especially important where, as here, individuals could be drawn into a scheme in the hope of procuring a financial windfall. A 16 month sentence would have a real deterrent effect and will serve as a clear warning to anyone tempted to defraud the U.S. State Department’s visa-issuing procedures for financial gain.

Court records indicate that this case had also been resolved:

Sentencing held on 3/7/2014 as to HONG CHAU VO (4), before Judge John D. Bates on Count 1ss: Defendant sentenced to Ten (10) months split sentence: Seven (7) and a half months of incarceration and Two (2) and a half months of Home Detention; Thirty (30) months of Supervised Release. Special Assessment of $100.00. All counts of Indictment and the Superseding Indictment are dismissed as to this defendant. Defendant remains in 3rd Party custody.

On March 10, 2014, defendant Michael T. Sestak submitted a status report on the disposition of his real properties in Phuket and Bangkok, Thailand as part of his plea agreement:

Since the last report filed on January 24, 2014, Mr. Sestak has engaged Mulvana, DeAngeli & Associates, to act as his agent in Thailand. Mr. Sestak is in the process of authorizing this firm to act on his behalf. […] Attorneys at Mulvana, DeAngeli & Associates in Thailand have met with potential appraisers for the Phuket and Bangkok properties. Attorneys at Mulvana, DeAngeli & Associates have also spoken with potential brokers in Phuket and have several meetings planned this week with several additional brokers.

Case title: USA v. SESTAK et al; Magistrate judge case number: 1:13-mj-00463-AK

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Michael Sestak Visa Scandal: USG to seek forfeiture money judgment of at least $9.7 Million

— By Domani Spero

This is an update of the Sestak Visa Scandal that’s winding its way through the court system.  The publicly available Superseding Indictment posted on July 9, 2013 now includes the names of all five defendants — three U.S. citizens and two residents and nationals of Vietnam.  For previous posts, see below:

The August court hearing for Sestak, Hong Vo and Truc Thanh Huynh was rescheduled for 9/13/2013 at 02:00 PM in Courtroom 30A before Judge John D. Bates of the U.S. District Court for the District of Columbia.

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Excerpt from the Superseding Indictment:

From at least in or around February 2012, continuing through at least in or around December 2012, in the extraterritorial jurisdiction of the United States and within the District of Columbia and elsewhere, and pursuant to Title 18, United States Code, Sections 3237 and 3238, within the venue of the United States District Court for the District of Columbia, the defendants SESTAK, BINH VO, ALICE NGUYEN, HONG VO, and TRUC HUYNH, a joint offender who was arrested in the District of Columbia, did knowingly combine, conspire, confederate, and agree, together and with persons whose identities are known and unknown to the Grand Jury, to commit offenses against the United States, that is, bribery of a public official, in violation of 18 U.S.C. Section 201(b)(2), and visa fraud, in violation of 18 U.S.C. Section 1546(a), and to defraud the United States Government by interfering with and obstructing a lawful government function, that is, the unbiased and disinterested issuance of visas by the Department of State to non-United States citizens, by deceit, craft, trickery, and dishonest means, in violation of Title 18, United States Code, Section 371.

Forfeiture Allegations:

Upon conviction of the offense alleged in Count One of this Indictment, defendants MICHAEL T. SESTAK, BINH TANG VO, ANHDAO T. NGUYEN, also known as Alice Nguyen, also known as Anhdao Thuy Vo, also known as Thuy Anh Dao Nguyen, also known as Anhdao Thuy Nguyen, also known as Dao Thuy Anh Nguyen, HONG CHAU VO, and TRUC THANH HUYNH, shall forfeit to the United States any property, real or personal, which constitutes or is derived from or is traceable to the proceeds obtained directly or indirectly from the commission of the offense, and any property, real or personal, which was used to facilitate the commission of the offense, or was intended to be used to facilitate the offense, pursuant to 18 U.S.C. Section 982(a)(6), and any property, real or personal, which constitutes or is derived from proceeds traceable to the offense, pursuant to 18 U.S.C. Section 981(a)(1)(C) and 28 U.S.C. Section 2461(c). The property subject to forfeiture includes: Any and all funds and securities seized from Scottrade account #58490015, held in the name of ANHDAO THUY NGUYEN.

The indictment includes descriptions of “transactions” where  individuals, some with multiple visa denials were allegedly issued visas by Mr. Sestak.  The government alleges that defendant Binh Vo informed defendant Sestak of the identity of each foreign national who had agreed to pay money in exchange for obtaining a visa, before the foreign national appeared at the Consulate for a visa interview.

Below is a video posted by Thanh Nien Daily of the December 2012 wedding of alleged conspirators, Vietnamese national Anhdao Thuy Nguyen and U.S.citizen Binh Tang Vo with Sestak as one of the groomsmen.  The Thanh Nien Daily reported that the wedding cost $300,000.  More wedding photos on FB here.

The indictment says that the “United States will seek a forfeiture money judgment against the defendants in the amount of at least $9,780,000.”

The indictment also seeks  forfeiture of “any property, real or personal, which constitutes or is derived from or is traceable to the proceeds obtained directly or indirectly from the commission of the offense, and any property, real or personal, which was used to facilitate the commission of the offense, or was intended to be used to facilitate the offense, pursuant to 18 U.S.C. Section 982(a)(6). The United States will seek a forfeiture money judgment against the defendants equal to the value of any property, real or personal, which constitutes or is derived from proceeds traceable to this offense.”

If any of the property cannot be located, or has been transferred or sold, or deposited with, a third party; or has been placed beyond the jurisdiction of the court, the indictment seeks, upon conviction of defendants, forfeiture “to the United States any other property of the defendants, up to the value of the property described above, pursuant to 21 U.S.C. Section 853(p).”

Vietnamese newspaper Tuoi Tre reported that Binh Tang Vo and his wife Anhdao Thuy Nguyen last entered Vietnam on April 7, 2012.  Thanh Nien Daily also reported that the publication of their names has sparked widespread speculation as to their whereabouts but that the couple has disappeared from public sight.

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