Prosecution calls Department of State special agent

The prosecution called yesterday a U.S. Department of State special agent as its first witness at the start of the jury trial in federal court of five defendants in the alleged CW-1 scam case.

Special agent Lance Bossard was testifying about the process at the consulate in reviewing U.S. visa petitions.

During cross-examination by defense counsel Robert Torres, the special agent admitted he was not part of the investigation in this case.

When Saipan Tribune left the courtroom at 4pm, Bossard was still on the witness stand.

On trial are Muksedur Rahman, Md. Rafiqul Islam, Shahinur Akter, David Trung Quoc Phan, and Analyn Nunez.

The sixth defendant, Zeaur Rahman Dalu, had already pleaded guilty.

The second superseding indictment charged Rahman with two counts of mail fraud, and two counts of fraud in foreign labor contracting, while Islam was charged with one count of mail fraud, and three counts of fraud in foreign labor contracting. The second superseding indictment also charged Akter with one count of mail fraud, and two counts of fraud in foreign labor contracting, while Phan was charged with two counts of mail fraud, three counts of fraud in foreign labor contracting, and fraud and misuse of visas and permits.

The second superseding indictment charged Nunez with one count of mail fraud, and one count of fraud and misuse of visas and permits.

At the U.S. government’s opening statements, assistant U.S. attorney James Benedetto made a power point presentation about the defendants’ alleged involvement in the scheme.

Benedetto said the integral to the scheme to defraud was the collection of large amounts of money—roughly between $15,000 and $20,000—from each of the 12 named Bangladeshi victims in this case.

Torres, counsel for Rahman, said the evidence will show that Rahman is not guilty of all charges.

Attorney Bruce Berline, counsel for Islam, said his client is not guilty as the U.S. government’s evidence relied on lying witnesses.

Attorney Colin Thompson, counsel for Akter, said his client was dragged in this case because she married co-defendant Rahman.

“She’s here because of her association,” Thompson said, citing lack of evidence to support charges against Akter.

Attorney Steven Pixley said his client, Phan, is a victim in this case.

Pixley said when the Bangladeshi workers involved in this case expired their CW-1 permits, they came to Phan and begged him to help them out.

Pixley said the workers lied about their qualifications so they don’t have clean hands.

Pixley said Phan had no motive to commit a crime.

Attorney Janet King said the Bangladeshi workers lied to Phan and investigators about their job qualifications.

King said her client, Nunez, is Phan’s fiancée.

King said the Bangladeshis begged to Phan to help them.

King said although Phan has a big heart he helped them, but his action does not rise to the level of a scheme as the U.S. government alleged as the motivation.