Man found guilty of soliciting marriage fraud

Munnaf Miah, a mason, was found guilty yesterday of soliciting marriage fraud. The same jury acquitted the 38-year-old Miah of charges of conspiring with other persons to commit marriage fraud.

Superior Court Associate Judge David A. Wiseman ordered the Adult Probation Office to prepare a pre-sentence report. Miah will be sentenced on Sept. 17, 2008, at 9am.

Assistant attorney general Melissa Simms said the jury made the right decision.

“They found Mr. Miah guilty of solicitation. They found him not guilty of conspiracy…obviously we would like a guilty verdict on this count. We felt the evidence was there, but we respect the jury’s verdict and their decision. I know that they worked diligently and spent a lot of time to come up with that verdict,” Simms said.

Defense counsel Stephen Woodruff told reporters that they naturally disagree with the jury’s decision.

“This is an exceptional jury. I give them a lot of credit for how hard they worked. They sent various questions to the judge during the course of the case,” he said.

Woodruff said the jurors were deadlocked yesterday morning and reported they were unable to reach a verdict.

This prompted the judge to remind the jurors of the importance of reaching a verdict. The jurors then returned to the deliberation room.

“We do feel that the evidence is inadequate, that Mr. Miah did not solicit Severene Kosam to commit the offense of marriage fraud, which is what that second count is,” the lawyer said.

Woodruff said that case records will be reviewed in determining whether or not post trial motions or an appeal will be necessary.

“One of the things that I told [the jury] during my closing arguments was that Mr. Miah is a victim in this case,” he said.

Woodruff said Miah did not have any intention to commit marriage fraud. “He wanted to get married but he wanted to get married legally. Now of course, he wanted to be able to get his [immediate relative or labor] permit afterwards. He was worried about his problems with his permit, but it was not his intention to violate the law,” he said.

What happened in this case, Woodruff said, was a great deal of government involvement in the manner in which Miah was led to submit a marriage license application.

“And it’s my view that it was actually the government agent or the undercover informant that was soliciting Mr. Miah, not the other way around. The jury obviously concluded it otherwise so we have to look that carefully,” he said.

Woodruff said Miah wanted an actual marriage as well as a permit and “that’s not illegal.”

Maria Aurelio Ray, Muhammad Saiful Islam and Minto Minto were charged with one count of conspiracy to commit marriage fraud and one count of solicitation.

Last May, the jury found Ray guilty of two counts of conspiracy to commit marriage fraud, but acquitted her on two counts of solicitation. Ray will be sentenced July 31, 2008, at 9am.

The jury trial for Islam was set for July 21, but the Saipan Tribune learned that the defendant fled to Bangladesh before the trial could take place.

Minto’s trial is scheduled for Aug. 11.

According to the charging information, in March 2007 Ray, Islam and Minto unlawfully agreed that Islam would marry Alisilynn Mallens for the sole purpose of obtaining labor and immigration benefits.

Also in March 2007, Ray, Miah and Minto allegedly conspired that Miah would marry Severene Kosam for the purpose of obtaining labor and immigration benefits.