6 indicted over CW1 scam

A superseding indictment was filed in federal court, charging the president of a company that owns an auto repair shop and five others for allegedly recruiting alien workers from Bangladesh for $15,000 to $20,000 in exchange for promised jobs and “green cards.”

The superseding indictment charged David Trung Quoc Phan, president of United Brothers, which operates TBK Auto Cares in Lower Base; brothers Muksedur Rahman and MD. Rafiqul Islam, Shahinur Akter, Zeaur Rahman Dalu, and Analyn Nunez.

The superseding indictment charged the defendants with 17 counts.

Phan was charged with two counts of mail fraud, five counts of fraud in foreign labor contracting, and one count of fraud and misuse of visas and permits.

Rahman was charged with four counts of mail fraud, 12 counts of fraud in foreign labor contracting, and one count of fraud and misuse of visas and permits.

Islam was charged with three counts of mail fraud, and 10 counts of fraud in foreign labor contracting.

Akter was charged with two counts of mail fraud and four counts of fraud in foreign labor contracting.

Dalu was charged with one count of mail fraud and two counts of fraud in foreign labor contracting.

Nunez was charged with one count of mail fraud and one count of fraud and misuse of visas and permits.

The superseding indictment includes a notice of criminal forfeiture.

The original indictment charged only Phan, Rahman, Islam, and Dalu and has six counts of same charges.

Brothers Rahman and Rafiqul, and Dalu allegedly recruited workers from Bangladesh for work in the CNMI.

Rahman was allegedly assisted by unindicted persons in Bangladesh and on Saipan.

Akter, who is the spouse of Rahman, allegedly aided Rahman’s fraudulent scheme by threatening to falsely report that she had been sexually assaulted by workers who complained about not having been provided work, or who asked Rahman to return their money.

Nunez was the alleged document preparer for United Brothers.

According to the superseding indictment, Islam, Dalu, and Rahman and other unindicted persons recruited alien workers from Bangladesh, promising them jobs in the U.S. The workers were recruited for jobs such as painter, restaurant worker, driver, and die-cast maker, for a one-year period.

Rahman, Islam, Dalu, and other unindicted persons promised the prospective workers income of at least 130,000 Bangladesh takas ($1,500) per month, and also promised that they would be given lawful permanent residence status in the U.S. (“green cards”).

Rahman, Islam, and Dalu charged each worker between $15,000 and $20,000 in exchange for the promised job and visa.

Rahman then made agreements with the president of Curtwill Enterprises in Koblerville and Phan to submit I-129CW petitions on behalf of each worker, representing that Curtwill and United Brothers would employ those workers.

Phan and Curtwill received compensation from Rahman in exchange for filing the I-129CW petitions.

Phan and Curtwill submitted fraudulent contracts to USCIS with each petition, representing that the two companies had an available position for each worker, but in fact they did not have available jobs for the workers.

Defendants instructed or “coached” the workers to lie to U.S. consular officers during their visa interviews.

Specifically, the defendants told the workers to say they had not paid any fees in exchange for their jobs and they had work experience for the jobs listed in their contracts.

Soon after the workers petitioned by Phan and Nunez arrived in the CNMI and were temporarily given work at TBK Auto Cares.

After several weeks, Phan began to pay them less than the minimum wage and after several weeks, he fired the workers and told them it was not his responsibility to give them jobs.

Phan told the workers that he only submitted petitions to bring them to the CNMI because Rahman had paid him $1,500.

When the workers complained to Curtwill and to Rahman, Islam and Dalu about not having work as promised, Curtwill told them they had to find their own jobs.

Rahman, Dalu, and Akter threatened the workers and their families with physical harm and abuse of the legal process, to intimidate and prevent their cooperation with law enforcers, according to the indictment.

At a hearing last Monday, except for Nunez, all defendants and their counsels appeared before U.S. District Court for the NMI.

Phan, Rahman, Islam, and Dalu pleaded not guilty to the charges.

Manglona set the jury trial for Aug. 1, 2017.

Akter’s arraignment was set for yesterday.

Nunez turned in on Wednesday. Attorney Janet King was appointed as her counsel.