USDOJ: Armenian Citizen Pleads Guilty for His Role in For-Profit U.S. Visa Fraud Scheme

 

Via USDOJ:

Armenian Citizen Pleads Guilty for His Role in For-Profit U.S. Visa Fraud Scheme

A man residing in Glendale, California, pleaded guilty today to conspiracy to unlawfully bring in aliens and visa fraud for his role in a multi-year visa fraud scheme that brought Armenian citizens into the United States for profit.

Hrachya Atoyan, 32, pleaded guilty before U.S. Magistrate Judge Sanket J. Bulsara in the Eastern District of New York.  Sentencing is scheduled for Feb. 20, 2020, before U.S. District Judge Margo K. Brodie.  According to the indictment, Atoyan allegedly participated in a transnational network of co-conspirators who engaged in a widespread visa fraud scheme to bring Armenian citizens into the United States by fraudulently claiming to the U.S. Citizenship and Immigration Services (USCIS) that the Armenians were members of performance groups, and thus qualified for P-3 “Culturally Unique Artist” visas.

“Exploiting the P-3 non-immigrant visa classification system for culturally unique artist and entertainers makes a mockery out of the legitimate performers for whom that visa was intended,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division.  “We will work hand in hand with our law enforcement partners to rid the system of fraudsters, like Mr. Atoyan and his co-conspirators, who seek to take advantage of and profit from our immigration system.”

“Atoyan’s guilty plea brings down the curtain on an elaborate visa fraud scheme to falsely portray applicants as artists and entertainers in order to circumvent our country’s P-3 visa program,” said U.S. Attorney Richard P. Donoghue of the Eastern District of New York.

“The Diplomatic Security Service builds strong teams overseas and in the United States to protect the integrity of all U.S. visas and travel documents – especially those, like the P-3 visa, which allow for entertainers to visit the United States to perform in culturally unique events and deepen our understanding of different cultures,” said Todd J. Brown, Director of the Diplomatic Security Service.  “DSS values our partnership with the U.S. Attorney’s Office and other law enforcement agencies around the world to prevent and jointly combat U.S. passport and visa fraud. Deterring, detecting, and investigating U.S. passport and visa fraud is essential to safeguarding our national security.”

[…]

The P-3 nonimmigrant visa classification allows foreign nationals to temporarily travel to the United States to perform, teach or coach as artists or entertainers, under a program that is culturally unique.  A U.S. employer or sponsoring organization is required to submit a USCIS Form I-129 Petition for a Non-Immigrant Worker, along with supporting documentation, attesting that the performances in the United States are culturally unique.

In February 2018, Stella Boyadjian of Rego Park, New York; Atoyan; and Diana Grigoryan, aka “Dina Akopovna,” 42, of the Republic of Armenia were charged in a 15-count indictment with visa fraud and with conspiracy to: defraud the United States, commit visa fraud, and illegally bring aliens into the United States.  Boyadjian and Grigoryan were also charged with related money laundering charges, and Boyadjian was charged with aggravated identity theft.  Boyadjian previously pleaded guilty on March 4, 2019 in the Eastern District of New York.

As alleged in the indictment, Boyadjian ran a non-profit organization called Big Apple Music Awards Foundation (BAMA) based in Rego Park, New York.  Boyadjian used the Big Apple Music Awards Foundation as well as formal and informal music industry contacts in the United States and Armenia to perpetuate the scheme.  Atoyan, Boyadjian, and others solicited Armenian citizens who wanted to come to the United States and charged them between $3,000 and $10,000 to be included on the Form I-129 Petitions.  Boyadjian and other associates in Armenia then acquired fraudulent performer certificates and organized staged photo sessions where the aliens wore traditional Armenian folk outfits to make it appear as though they were traditional Armenian performers.  After being trained how to defeat U.S. visa interviews, the individual aliens presented these certificates and photos to U.S. consular officers during their visa interviews.  Once the Armenians entered the United States, some would pay Boyadjian and her associates additional money to be included in another fraudulent petition asking for P-3 visa extensions.  As alleged in the indictment, Atoyan himself came to the United States on a P-3 visa obtained in connection with a Form I-129 submitted by BAMA.

@StateDG Perez Swears-In Career Diplomat Lynne Tracy as US Ambassador to Armenia

Posted: 3:52 am EST

 

On August 26, 2008 gunmen ambushed FSO Lynne Tracy’s vehicle in Peshawar, Pakistan, riddling the car with bullets. She survived the attack. Her Award for Heroism reads: “In recognition of your brave service as Principal Officer in Peshawar, Pakistan from September 2006 to August 2009. Despite a violent kidnapping attempt and threats against your life, you remained at this critical post to complete your mission with steadfast courage and gallant leadership.” See HRC Presents Heroism Award to Lynne Tracy

On February 19, she was sworn-in as the new Ambassador to the U.S. Embassy in Yerevan, Armenia.

OSCE Minsk Group: James Warlick Steps Down, Richard Hoagland Assumes Co-Chair Position

Posted: 9:53 pm PT
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The US embassies in Armenia and Azerbaijan announced that Ambassador James Warlick, Co-Chair for the Minsk Group is stepping down effective December 31.  Ambassador Richard Hoagland will assume the position on an interim basis starting in January 2017.

Ambassador Richard E. Hoagland will assume the position of U.S. Co-Chair of the Organization for Security and Cooperation in Europe (OSCE) Minsk Group on an interim basis starting in January 2017. He replaces Ambassador James B. Warlick, who will step down on December 31.

Ambassador Hoagland brings over 30 years of diplomatic experience to the position. He served as U.S. Ambassador to Tajikistan from 2003 to 2006, U.S. Ambassador to Kazakhstan from 2008 to 2011, and as Deputy Ambassador to Pakistan from 2011 to 2013. Ambassador Hoagland most recently led U.S.-Russian military coordination for the Cessation of Hostilities in Syria and served as Principal Deputy Assistant Secretary in the Bureau of South and Central Asian Affairs at the State Department in Washington. Prior to these assignments, Ambassador Hoagland led the Office of Caucasus and Central Asian Affairs in the Bureau of Europe and Eurasian Affairs and was Press Spokesman for the U.S. Embassy in Moscow.

Ambassador Hoagland’s extensive diplomatic experience will be critical as the United States works with the sides toward a lasting and peaceful settlement to the Nagorno-Karabakh conflict. The United States continues to call on the parties to maintain their commitment to the ceasefire and to implement agreements reached at the Vienna and St. Petersburg summits, and urges a return to negotiations on a settlement, which would benefit all sides.

The permanent replacement for Ambassador Warlick will be announced at a future date.

Meanwhile — things are heating up again over there:

U.S. Embassies in Armenia and Azerbaijan Restrict USG Travel to #NagornoKarabakh and Surrounding Territories

Posted: 1:04 am ET
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U.S. Embassy Baku “strongly advises private U.S. citizens to avoid travel to NK and the Embassy continues to prohibit the travel of U.S. government personnel to NK.  Consular services are not available to U.S. citizens in NK or the occupied territories surrounding it.  U.S. citizens are also reminded that travel across the Azerbaijan-Armenia international border is not possible due to ongoing hostilities.  Travelers should remain clear of the border areas and comply with Azerbaijani checkpoints set up to keep travelers from hazardous areas.”

Excerpt below from US Embassy Yerevan’s Security Message:

The Embassy is aware of reports that indicate a serious escalation in violence along the Line of Contact in the Nagorno-Karabakh (NK) region and occupied territories, which include reports of civilian casualties.  The U.S. Embassy continues to prohibit the travel of U.S. government personnel to NK.  The U.S. Embassy also strongly advises private U.S. citizens to avoid travel to NK. U.S. consular services remain unavailable to U.S. citizens in NK and the surrounding territories.

The security situation along the Armenian-Azerbaijani border in the Tavush Province continues to remain tense as well. Travel by U.S. government personnel to this border area is restricted. Villages and their connecting border roads in this area that are affected by these restrictions include, but are not limited to, Vazashen, Varagavan, Paravakar, Aygepar, Azatamut, and Barekamavan. The Embassy notes this area also includes the segment of the frequently traveled route between Yerevan and Tbilisi on M-16/H-26 from Azatamut through Jujevan to the Georgian border.

Review your personal security plans, remain aware of your surroundings, including local events, monitor local news stations for updates. Maintain a high level of vigilance and take appropriate steps to enhance your personal security

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What happens when you contravene the worldwide nonimmigrant visa referral policy? It depends.

Posted: 4:08  am EDT
Updated: 2:29 pm EDT
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Our State Department friends have a favorite response to most questions. “It depends.”

About 10 years ago, State/OIG conducted a review of the Visa Referral Process in Nonimmigrant Visa Adjudication.

By law neither an ambassador nor a DCM can direct a consular officer to issue a particular visa. Even the Secretary of State has no authority to override a consular officer’s deci­ sion, pursuant to the Immigration and Nationality Act, 8 USC 1104. Recognizing the importance of the visa process both as a bilateral diplomatic issue and as a legitimate diplomatic tool for achieving U.S. aims, and considering the importance of providing as much information as possible to consular officers, the Department has long understood the need for a policy and system to allow all elements of the mission to benefit from the visa system and to protect consular officers from inappropriate pressure. After September 11, 2001, this system has been signifi­ cantly strengthened.
[…]
Based on the results of the survey, observations in the field, and discussions in Washington, OIG concluded that most ambassadors and DCMs appear to under­ stand the importance of their personal oversight of the referral system and that there are serious repercussions, including removal from post, in the most egregious cases of abuse. While Department oversight of referral systems is important, entrusting chiefs of mission with local supervision and responsibility is still appro­ priate and necessary, just as the Department entrusts chiefs of mission with the lives of all employees and dependents in their missions, the management of top secret information, and the conduct of key bilateral relations with the host country.
[…]
Clearly most missions’ front offices are overseeing the referral system as intended by the Department, sometimes after a little persuasion. For example, an officer at a post that was having problems said, “Our recent OIG inspection was helpful in making the front office realize the impact of their interventions with us and the appearance of undue influence. Despite our education of the front office, they have been incredulous that their good causes may pose us problems under the law.” One of the areas of emphasis for OIG inspection teams is border security readiness, which includes oversight of the referral program.

The survey, however, did reveal some disillusionment with the available recourses in those instances when the front office was itself exerting undue influ­ence. One officer at a post in the Near East said, “In general the consular section feels pressure to act simply as a rubber stamp to visa referrals by chiefs of section and above.” Another stated,“The front office is the only section that has ever tried to influence decisions in referral cases. If I were to refuse the case, then I would be hurt in the employee evaluation report (EER) process as my rater is the DCM and the Ambassador is the reviewing officer.”

It’s an instructive read from 2005, see in full here (PDF).

Let’s fast forward to two cases in 2015 specifically mentioned by State/OIG. The following is from the State/OIG inspection report of the U.S. Embassy in Tajikistan (PDF). The IG report lists Susan M. Elliott as COM, and Robert G. Burgess as DCM.

The Offices of Visa Services and Fraud Prevention Programs, the Consular Integrity Division, and the front office of the Bureau of Consular Affairs all expressed concern about the embassy’s contravention of the worldwide visa referral policy. In the latter half of 2013, the Ambassador in seven cases and the DCM in two cases contravened the worldwide nonimmigrant visa referral policy by submitting noncompliant referrals and improperly advocating for issuance.

Complications arising from noncompliance with the policy led to deteriorating relations between the consular officer and other embassy offices, perceptions of intimidation and isolation, and increased involvement of and intervention by various offices in the Bureau of Consular Affairs. In response to revised guidance from the Bureau of Consular Affairs on referral policy, dated January 13, 2014, Embassy Dushanbe issued a management notice on January 17, 2014. On October 15 and 17, 2014, the embassy conducted briefings for referring officers and obtained current compliance agreements reflecting the revised policy guidance. The OIG team met with the front office and the consular officer, and they confirm that they understand and are committed to continuing to comply with the policy going forward.

How is it that this consular officer did not get the Barbara Watson Award for demonstrating courage?

C’mon!

The “Worldwide Visa Referral Policy Problems” below is from the State/OIG report of the U.S. Embassy in Armenia (see PDF). According to the IG report, the ambassador at that time was John Heffern:

In at least 15 documented cases, the Ambassador contravened the worldwide nonimmigrant visa referral policy (9 FAM Appendix K, Exhibit I) by contacting the consular chief to communicate information about visa applicants instead of providing referral forms for the applicants. The referral policy states, “Referrals are the only allowed mechanism to advocate for or assist visa applicants prior to visa adjudication.” Some of the cases involved previously refused applicants. Referral policy permits requesting assistance via referral on behalf of previously refused applicants only in extremely limited circumstances. Few, if any, of the violations involved applicants who would have been eligible for visa referrals. The consular chief did not take adequate steps to stop the Ambassador’s inappropriate communications or to report them to the Department, as required by Department referral polices.
[…]
The embassy provides no formal, detailed briefing (“referral school”) as recommended in the worldwide policy. The consular chief gives informal referral briefings on an individual basis to new arrivals at the embassy. Lack of a formal understanding of the referral policy and process can cause misunderstanding or abuse.

Wow! And the consular section chief got harshly treated by the … the um alphabet, which did not quite line up to say he/she was at fault but you get the idea.

It is not clear what kind of repercussions are suffered by chiefs of mission who contraven the worldwide nonimmigrant visa referral policy.   According to a FAM update last November 2015, Consular Affairs has now added a NIV Referral Program Ombudsman (see 9 FAM 601.8-8(C).

Oh, wait, there’s more.

There’s an FSGB case where an FP-03 Diplomatic Security (DS) Special Agent (SA) with the Department of State (Department) was warned that there were strict prohibitions against anyone attempting to influence the visa process. The State Department later proposed to suspend him for four days on a charge of Misuse of Position. The proposal was sustained by the Grievance Board on March 3, 2015.

On October 5, 2010, a family friend of his (REDACTED), a (REDACTED) national, applied for a B1/B2 non-immigrant visa at the U.S. Embassy in REDACTED. His stated purpose for the visa request was to visit with grievant in the U.S.  When the application was denied, grievant sent an email on that same date from his State Department account to REDACTED, the Deputy Consular Section Chief in REDACTED voicing his disappointment that his friend’s visa application had been turned down. In the email, grievant asked for assistance, provided additional information on behalf of his friend and cited his own experience as a DS officer who had collaborated with consular officials investigating fraud cases. All of grievant’s emails contained his electronic signature and identified him as “Special Agent, REDACTED, U.S. Department of State, Bureau of Diplomatic Security.” In response to this email, re-interviewed and approved his visa application. REDACTED subsequently visited grievant in the US.

To make the long story short, grievant was investigated (PDF) by DS for his efforts to procure visa approvals for his friend.

The Department reviewed the DS report of investigation (ROI) and determined that between 2010 and 2012, grievant used official communication channels to contact consular officials in the U.S. Embassy in and identified himself as a DS Special Agent in order to influence favorable decisions on visa applications submitted by his friend. On December 2, 2014, grievant received notice of the Department’s proposal to suspend him for four days on a charge of Misuse of Position. The proposal was sustained on March 3, 2015.

So. Right.

It depends.

#

 

 

 

 

Senate Confirmations: Jess Baily, Robert Cekuta, Margaret Uyehara, Richard Mills Jr., Frank Rose and More

— Domani Spero
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The following nominees for the State Department were confirmed on December 16, 2014:

  • PN1840 *      Macedonia
    Jess Lippincott Baily, of Ohio, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of  the United States of America to the Republic of Macedonia.
  • PN1842 *      Azerbaijan
    Robert Francis Cekuta, of New York, a Career Member of the Senior Foreign Service,  Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of  the United States of America to the Republic of Azerbaijan.
  • PN1847 *      Montenegro
    Margaret Ann Uyehara, of Ohio, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Montenegro.
  • PN1852 *      Armenia
    Richard M. Mills, Jr., of Texas, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Armenia.
  • PN1099 *      State  Department (Verification and Compliance).
    Frank A. Rose, of Massachusetts, to be an Assistant Secretary of State (Verification and Compliance).

The U.S. Senate also confirmed the nominations of Paige Eve Alexander, of Virginia, to be an Assistant Administrator of USAID, and Jonathan Nicholas Stivers, of the District of Columbia, to be an Assistant Administrator of USAID. It also confirmed Karen Kornbluh, of New York, to be a Member of the Broadcasting Board of Governors (BBG) for a term expiring August 13, 2016.

On December 15, the U.S. Senate confirmed the following nominees:

PN1377-3      FOREIGN SERVICE| Nomination for Sharon Lee Cromer, which nomination was received by the Senate and appeared in the Congressional Record on January 30, 2014.

PN1567        FOREIGN SERVICE| Nominations beginning Michael A. Lally, and ending John E. Simmons, which 4 nominations were received by the Senate and appeared in the Congressional Record on April 10, 2014.

PN1568        FOREIGN SERVICE| Nominations beginning Andrew J. Billard, and ending Brenda Vanhorn, which 11 nominations were received by the Senate and appeared in the Congressional Record on April 10, 2014.

PN1569        FOREIGN SERVICE| Nominations beginning Melinda Masonis, and ending Jeffrey R. Zihlman, which 456 nominations were received by the Senate and appeared in the Congressional Record| on April 10, 2014.

PN2137        FOREIGN SERVICE| Nomination for James D. Lindley, which nomination was received by the Senate and appeared in the Congressional Record on November 13, 2014.

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U.S. Embassies Baku and Yerevan Restricts USG Personnel Travel to Armenian-Azerbaijani Border

— Domani Spero
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Over the weekend, the US embassies in Baku and Yerevan issued emergency messages to the respective U.S. citizens in their host countries alerting them of the security situation along the Armenian-Azerbaijani border.  U.S. government personnel travel to this border area is now restricted. US Embassy Yerevan also notes the increased tensions along the Line of Contact in the Nagorno-Karabakh region.

US Embassy Yerevan, Armenia |August 2, 2014 via

Due to increased tension in the security situation along the Armenian-Azerbaijani border in the Tavush Province, the U.S. Embassy in Yerevan advises U.S. citizens to avoid travel to this border area.  U.S. government personnel travel to this border area is restricted.  Villages and their connecting border roads in this area include, but are not limited to, Vazashen, Varagavan, Paravakar, Aygepar, Azatamut, and Barekamavan.  The embassy notes this area also includes the segment of the frequently traveled route between Yerevan and Tbilisi on M-16/H-26 from Azatamut through Jujevan to the Georgian border.  

Tensions have also increased along the Line of Contact in the Nagorno-Karabakh region.  Consular services continue to be unavailable to U.S. citizens in Nagorno-Karabakh and the surrounding territories.

US Embassy Baku, Azerbaijan | August 2, 2014

Due to recent escalation in hostilities at the Armenian-Azerbaijani border, the U.S. Embassy in Baku advises U.S. citizens to defer all non-essential travel to the Armenian-Azerbaijani border near the line of contact.  Consular services are no longer available to U.S. citizens in that area.  U.S. government personnel travel to the area is restricted for security reasons.

Note that Ambassador Richard L. Morningstar who was appointed to Azerbaijan in 2012 has recently announced his departure (pdf) from post after a two-year tenure. Prior to his appointment to Baku, he was the Secretary of State’s Special Envoy for Eurasian Energy.

A related note — last month, the Co-Chairs of the Minsk Group expressed their serious concern about the increase in tensions and violence, including the targeted killings of civilians, along the Line of Contact and the Armenian-Azerbaijani border. The Co-Chairs urged the parties “to commit themselves to avoiding casualties and rejected the deliberate targeting of villages and the civilian population. They called on the Foreign Ministers to defuse tensions and adhere to the terms of the ceasefire.”  Over the weekend,  the Co-Chairs expressed their deep concern about the intense upsurge in violence along the Line of Contact and Armenian-Azerbaijani border that resulted in numerous casualties reported in recent days. They released the following statement:

The Chairperson-in-Office and the Co-Chairs of the Minsk Group said that they were deeply concerned about the fact that a clearly marked International Committee of the Red Cross (ICRC) vehicle came under fire while assisting the local population on the Armenian-Azerbaijani border on a humanitarian mission. They strongly condemned the deliberate targeting of civilians and shooting at representatives of international organizations and reminded the parties of their obligations under Geneva Conventions.

They appealed to the Presidents of Armenia and Azerbaijan to take immediate action to defuse tensions and respect the ceasefire agreement. Retaliation and further violence will only make it more difficult to continue efforts to bring about a lasting peace, the Chairperson-in-Office and the Co-Chairs of the Minsk Group emphasized. They also urged the Presidents of Armenia and Azerbaijan to resume as soon as possible negotiations on peaceful settlement of the conflict, being the only way to bring peace and genuine reconciliation to the peoples of the region.

 

You might remember that the Minsk Group came out of the OSCE Budapest Summit in 1994 tasked with convening a forum for negotiations towards a peaceful settlement of the Nagorno-Karabakh conflict involving Armenia and Azerbaijan.  Twenty years on and they’re still at it. The Co-Chairs of the Minsk Group are Ambassadors Igor Popov of the Russian Federation; Pierre Andrieu of France; and James Warlick of the United States.

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US Embassy Armenia Has a ‘Happy Yerevan’ Video — Hey @Montel_Williams

— Domani Spero
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Earworm ALERT!  The US Embassy in Armenia funded this video produced in collaboration with the US Alumni Association of Armenia back in April.  The video is directed by Artyom Abovyan and features US ambassador John A. Heffern as well as several Armenian celebrities who were alumni of U.S. programs in the country.  The embassy is trying to get to 300K views and here is Ambassador Heffern trying to get Montel Williams‘ attention.

 

 

You may also watch it directly via YouTube below:

 

There are several ‘Happy Yerevan’ videos on YouTube and a whole series of Happy (fill in the blank) videos based on Pharrell Williams’ hit. Last March, the musician partnered with the United Nations Foundation to celebrate International Day of Happiness. There is Happy Astana, Happy Abu Dhabi,  Happy Istanbul, Happy Egypt, Happy Beijing, Happy Singapore, Happy Dakar, and there’s even a Happy Star Wars Edition.  The website http://wearehappyfrom.com keeps track of the Happy videos. To-date, there are 1,950 videos from  153 countries.

 

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