1 defendant who pled guilty in CW-1 scam case gets time served

Zeaur Rahman Dalu, one of six defendants who entered a guilty plea for his role in a CW-1 scam that victimized Bangladeshi nationals, was sentenced in federal court yesterday to a term of imprisonment of four months of time already served.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona said upon release from imprisonment, Dalu shall submit to a term of supervised release of one year.

Manglona said because of the financial situation of Dalu, she is not imposing any fine and restitution.

The judge agreed with the prosecution and the defense that Dalu had a minor participation in the scheme.

Manglona said although she was not the one who presided over the trial of Dalu’s co-defendants, she is aware of Dalu’s role as argued by the counsel and based on her review of the court records.

Manglona said Dalu, however, did commit a very serious crime—a felony.

Manglona said Dalu was part of a group that impacted the lives of two people.

The judge was referring to the two victims—Tazizul Islam and Rafiqul Islam—who were present in court along with their attorney, Pamela Brown.

“It’s unfortunate because I do believe it was not something of your character,” said the judge, adding that Dalu is an educated man having a bachelor’s degree and a teacher back in Bangladesh.

Manglona said she believes in an incident in this case in which Dalu stated something to a co-defendant to do right what was wrong.

Manglona said as a further condition of supervised release, Dalu must report to a duly authorized immigration official for deportation proceedings.

The judge said if deportation does not occur and Dalu is released pending further immigration proceedings, he must immediately report to the U.S. Probation Office to begin his term of supervised release.

Manglona said Dalu must perform 25 hours of community work service at the direction of the U.S. Probation Office in lieu of a fine, which shall be suspended if he is gainfully employed.

Dalu was ordered to pay $200 in special assessment fee immediately after sentencing.

Dalu has been in detention for 143 days.

Assistant U.S. attorney James Benedetto, counsel for the U.S. government, emphasized that it’s true that Dalu early on in this case had received money through his mother in Bangladesh.

Benedetto said defendant Muksedur Rahman told the victims not to give Dalu any money.

Benedetto said Rahman in turn received money from the victims.

The prosecutor said he wants to make it clear that Dalu and his mother kept some receipts of the payments.

Benedetto said Dalu and his mother turned over to the U.S. government the receipts, which were very importance evidence in the trial against Rahman and other co-defendants.

He said Dalu’s testimony in the trial against the co-defendants was critical.

Benedetto said the government would not be seeking restitution from Dalu.

Defense counsel David G. Banes said Dalu also cooperated in another matter, which is an ongoing investigation.

In recommending a sentence of time served, Banes said Dalu accepted responsibility, showed remorse, cooperated with the U.S. government, and has no prior arrest or conviction.

“He himself is a victim of similar fraud,” Banes said, adding that Dalu’s family in Bangladesh is indebted.

In August 2017, Dalu pleaded guilty to two counts of fraud in foreign labor contracting.

The amended superseding indictment charged Dalu with one count of mail fraud and two counts of fraud in foreign labor contracting.

As part of the plea deal, the prosecution moved to dismiss the remaining count. The court granted the motion.

Benedetto stated in court documents that the integral to defendants’ scheme to defraud was the collection of large amounts of money—roughly between $15,000 and $20,000—from each of the 12 named victims in this case.

Last Oct. 18, the federal jury returned a guilty verdict against Dalu’s co-defendants David Trung Quoc Phan, Muksedur Rahman, and Mohammed Rafiqul Islam.

Phan was sentenced to eight months in prison, while Rahman was slapped with a 48-month prison term. Islam was sentenced to 18 months of imprisonment.

After the prosecution rested its case during the trial, Phan’s fiancée, Analyn Nunez, and Rahman’s wife, Shahinur Akter, were acquitted.

According to the U.S. government, each of the victims paid over $10,000, but when they arrived on Saipan in April of 2016, they were not given work as promised.

The government subsequently named five victims, all Bangladeshis, in the case.