Charcoal manufacturer pleads guilty to fraud and misuse of a visa

The president and part-owner of a company that manufactures charcoal on Saipan, entered a guilty plea last Wednesday in connection with the allegations that he and his business partner had engaged in fraud in the applications for CNMI-Only Transitional Worker program permits.

Mizanur Khan, president and part owner of K.C.A. Corp., signed a plea deal with the U.S. government and pleaded guilty to count two of the indictment charging him with fraud and misuse of a visa.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona accepted Khan’s guilty plea and set the sentencing for June 21, 2019.

Manglona allowed Khan to remain on release under the same terms and conditions because it was reported by the U.S. Probation Office that he has been compliant.

Visa fraud carries a maximum penalty of not more than 10 years of imprisonment and a fine not to exceed $250,000.

In exchange for Khan’s guilty plea, the U.S. government agrees to recommend a sentence of five months and to dismiss the remaining count of the indictment upon sentencing.

Assistant U.S. attorney Eric O’Malley appeared for the U.S. government. Colin Thompson is court-appointed counsel for Khan.

According to the factual basis of the plea agreement, in May 2015 and continuing until Nov. 4, 2015 in the District of the NMI and in the Republic of Bangladesh, Khan and unindicted co-conspirators Muksedor Rahman and Karim Dhali told Monir Hossain that in exchange for a fee payable to Muksedor Rahman, he could obtain a work visa in the U.S.

Khan and unindicted co-conspirators Muksedor Rahman and Karim Dhali told Monir Hossain that Khan’s company, K.C.A. Corp. would employ him as a “charcoal maker” for at least one year, at a wage of $6.05 per hour, for at least 40 hours per week.

On June 6, 2015, Khan sent via the U.S. Postal Service, a I-129CW petition on behalf of Monir Hossain to the U.S. Citizenship and Immigration Services California Service in California.

As part of the application package, Khan included a contract of employment for Monir Hossain specifying that he would work for K.C.A. Corp. as an “operation service worker (charcoal processor)”, for a period of one year, for at least 40 hours per week, at $6.05 per hour.

Khan, certified, under penalty of perjury, that all the information contained in the petitions was true and accurate.

At the time he submitted the I-129CW petitions on behalf of the beneficiary, Khan was not able and did not intend to provide Monir Hossain with a job as described in the contract.

The USCIS, based in part on the false contract, and false attestations of Khan, issued CW-1 worker status for Monir Hossain.

On Aug. 5, 2015, Khan obtained a CW-1 permit on behalf of Monir Hossain knowing it had been unlawfully obtained and procured by means of a false statement and fraud.

Last September, Khan’s co-defendant, Kosuke Tomokiyo, pleaded guilty to count 4 of the indictment charging him with fraud and misuse of visas and permits.

Tomokiyo has yet to be sentenced.

According to court documents, Tomokiyo is vice president and part owner of K.C.A. Corp.

On Aug. 22, 2016, Khan and Tomokiyo allegedly falsely represented to USCIS that Tomokiyo had previously been and was to be employed by K.C.A. as a “sales manager,” and that Tomokiyo had been employed in that capacity since January 2016.