Alleged exploitation of Bangladeshis as cheap labor for profit exposed

Mohammad Zeaur Rahman Dalu, a man who was sentenced last week to a prison term of four months of time already served for his role in a CW-1 scam, has filed a lawsuit in federal court and exposed those allegedly engaged in a long-standing practice of exploiting Bangladeshis as cheap labor for profit.

Dalu is suing his former employer, MD Nurul Islam Bhuiyan, owner of Island Protection Services, for violations of the Fair Labor Standards Act, violations of the Victims of Trafficking and Violence Protection Act, violations of Racketeer Influenced and Corrupt Organization Act, breach of contract, fraud, and unjust enrichment.

Dalu, through counsel David G. Banes, asked the U.S. District Court for the NMI to hold Bhuiyan liable to pay him for unpaid minimum wages, overtime compensation, damages, restitution, court costs, and attorney’s fees.

Dalu claimed he himself is a victim of the exploitation by paying huge amount of money as recruiting fee on promises he would have a good life in the U.S. and would get a green card.

Dalu identified Bhuiyan and his brothers Faruq and Motin who allegedly had the common purpose of exploiting Bangladeshis as cheap labor to make money.

According to Banes in Dalu’s complaint filed last Friday, from October 2014 to Nov. 15, 2017, Dalu was employed by Bhuiyan’s Island Protection Services as a security guard.

Banes said Bhuiyan recruited Dalu from Bangladesh in 2014.

In June 2014, Bhuiyan’s brother, Motin, allegedly went to Dalu’s family residence in Bangladesh to recruit Dalu to come to Saipan to work for IPS.

Motin told Dalu he had a brother in the U.S. that had a big company and was making $15,000 per month, and he could talk to his brother to hire him if he wanted to go to the U.S.

Banes said at first Dalu refused, but Motin persisted in recruiting Dalu by talking to the latter’s mother and brother.

Later that same month, June 2014, Bhuiyan allegedly called Dalu on the phone and claimed he has a green card and that if he would come to Saipan he would have a good life and he would get him a green card.

Banes said Bhuiyan told Dalu that normally he would charge a recruiting fee of 2 million Taka, but that he was willing to accept 1.8 million Taka.

Banes said Dalu and his family negotiated it down to around 1.5 million Taka (which is about $18,000).

Dalu’s family paid about 1.2 million Taka as a loan to Dalu, toward the recruiting fee.

Dalu signed an employment contract that Motin presented in June or July 2014. He later went through CW-1 visa processing to come to Saipan. CW-1 stands for CNMI-Only Transitional Worker program.

Banes said Bhuiyan’s other brother, Faruq, guided Dalu through the visa processing.

Dalu arrived on Saipan in September 2014 and two weeks later, he started work at IPS.

Banes said that one day in June 2015, Bhuiyan gave Dalu a plane ticket to go back to Bangladesh or else the Department of Homeland Security would arrest him.

Banes said when Dalu asked why, Bhuiyan told him his CW-1 visa had expired and he needed to get a new CW-1 visa to come back to Saipan.

Dalu left Saipan on the same day.

After Dalu was back in Bangladesh, Bhuiyan allegedly told Dalu if the balance of the recruiting fee was not paid, IPS would not bring him back to Saipan.

As a loan to Dalu, Dalu’s family allegedly paid Bhuiyan.

Dalu came back to Saipan to work for IPS in November 2015, and continued to work there until Nov. 15, 2017.

Banes said during Dalu’s employment, IPS renewed his CW-1 visa multiple times, and each time, Bhuiyan told him that he had to pay the renewal fee.

Dalu paid the renewal fees.

Banes said for Dalu’s employment with IPS, he should be paid at least a total of $57,000 in wages under his employment agreement.

Banes said IPS, however, paid Dalu only a total of $25,000 and never started the process of sponsoring a green card for him.

The lawyer said in order to pay the recruiting fee, which was over 16 times the average annual income of a Bangladeshi, Dalu incurred a huge debt.

Banes said in addition, by coming to Saipan to work as a security guard, Dalu damaged his career prospects in Bangladesh.

Dalu used to work as a teacher in Bangladesh.

Banes said when Dalu complained about being underpaid, Bhuiyan allegedly threatened him that IPS would stop employing him and that he would be deported.

Banes said once after Dalu complained about being underpaid, Bhuiyan took a machete from his car and threatened to kill him.

The lawyer said that, in March 2018, Bhuiyan, knowing Dalu is now pursuing legal redress against IPS, threatened Dalu’s family in Bangladesh that Bhuiyan would use his family’s influence to make their lives miserable and to harm them if Dalu would not stop.

Banes said Bhuiyan, Motin and Faruq, acting together over a span of more than three years, fraudulently induced 13 Bangladeshis into coming to Saipan and/or forcing them to work for IPS while being underpaid.