Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 1 of 83 Page ID #:1A091 Rev. 11182
CRIMINAL COMPLAINT
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA DOCKET NO. -v. r.lrQ](" ~ FILED r-----:::-'-v:::'. !.l'.1 GUUI-IT
MAGISTRATE'S CASE NO. LILIA TABAFUNDA, OCT ~_ ] aka "Lily Tabafunda," II!liI ..
~ It . "~~NTRAL DISTRICT OF CALIFORNIA'
-"U IIY , -,
Complaint for violation of Title 18, United States Code, Section 1546(a): False· Statement in an Immigration Application
NAME OF MAGISTRATE JUDGE '. LOCATION UNITED STATES
HON. FERNANDO M. OLGUIN MAGISTRATE JUDGE Los Angeles, CA
DATE OF OFFENSE PLACE OF OFFENSE ADDRESS OF ACCUSED (IF KNOWN)
January 19,2010 Los Angeles County
COMPLAINANT'S STATEMENT OF FACTS CONSTITUTING THE OFFENSE OR VIOLATION:
On or about January 19,2010, defendant LILIATABAFUNDA, also known as "Lily Tabafunda," knowingly made under oath, and knowingly subscribed as true under the penalty of perjury, a false statement with respect to a material fact in an application, affidavit, and other document required by the immigration laws and regulations prescribed thereunder, and knowingly presented such application, affidavit, and other document that contained such false statement and that failed to contain any reasonable basis in law or fact, in that defendant knowingly presented a Petition for Nonimmigrant Worker (Form 1-129) to U.S. Citizenship and Immigration Services in which defendant falsely stated that Barlow Respiratory Hospital petitioned for C. De Castro to obtain an H1-B non-immigrant visa so that C. De Castro could work for Barlow Respiratory Hospital, whereas, in truth and in fact, as defendant then knew, Barlow Respiratory Hospital did not intend for C. De Castro to obtain an H1-B non-immigrant visa and did not intend for C. De Castro to be employed at that hospital, in violation of 18 U.S.C. § 1546(a).
BASIS OF COMPLAINANT'S CHARGE AGAINST THE ACCUSED: (See attached affidavit which is incorporated as part of this Complaint)
MATERIAL WITNESSES IN RELATION TO THIS CHARGE:
Being duly sworn, I declare that the SIGNATURE OF COMPLAINANT foregoing is true and correct to the I best of my knowledge. Cynthia Penilla Is J ,
OFFICIAL TITLE
Special Agent - DOL
Sworn to before me and subscribed in my presence,
SIGNATURE OF MAGISTRATE JUDGE(l) FEf{NANDO M. OLGUIN
DATE
October 16,2012 . . 1) See Federal Rules of Cnmmal Procedure rules 3 and 54 . ~v-t.--
SAUSA: JAMES M. LEFT REC:
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A F F I D A V I T
I, Cynthia Penilla, being duly sworn, do hereby depose and
say the following:
1. I am a Special Agent ("SA") with the united States
Department of Labor ("DOL"), Office of Inspector General, Office
of Labor Racketeering and Fraud Investigations, in West Covina,
California, and I have been so employed since March 2007. Prior
to becoming an SA with the DOL, I was an investigator for the
DOL, Wage and Hour Division for seven years. I am a graduate of
the Federal Law Enforcement Training Center in Glynco, Georgia.
As a DOL SA, my duties include investigating fraud, waste, and
abuse of various DOL programs. During my tenure as an SA, I have
participated in and conducted investigations of criminal activity
including immigration fraud, unemployment insurance fraud,
identity theft, money laundering, and other related financial
crimes. During the investigation of these cases, I have
participated in the execution of search and arrest warrants and
have seized evidence of violations of federal law.
2. The information contained in this affidavit is the
result of my own personal investigation and information
communicated to me by other law enforcement officers familiar
with these facts. Unless specifically indicated, all
conversations, statements, and other information described in
this affidavit are described only in part and in substance. To
the extent any information in this affidavit is not within my
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personal knowledge, I learned of it through other law enforcement
officers and/or their reports, my review of business records, and
my analysis of law enforcement databases and public records.
I.
PURPOSE OF THE AFFIDAVIT
3. ,This affidavit is made in support of a criminal
complaint against LILIA TABAFUNDA ("TABAFUNDA"), also known as
"Lily Tabafunda," charging her with violating Title 18, United
States Code, Sections 1546(a), False Statement in an Immigration
Application.
II.
OVERVIEW OF THE INVESTIGATION
4. As discussed in greater detail in the attached
affidavit in support of a search warrant1 (Exhibit A), since
2003, TABAFUNDA and Gilbert Lawrence ("Lawrence"), through shell
companies and by assuming the identities of mainly non-profit
companies, have engaged in a scheme to submit over 100 fraudulent
employment-based immigration petitions and supporting
documentation to the U.S. Department of Homelanq Security
("DHS"), U.S. Citizenship and Immigration Services ("CIS"), and
the DOL, Employment and Training Administration, Office of
Foreign Labor Certification, for the purpose of fraudulently
1 The execution of the search warrant and the seized documents and computers are also discussed below.
2
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procuring work visas for alien beneficiaries. In so doing,
TABAFUNDA and Lawrence submitted, and caused to be submitted,
false and fraudulent information concerning the availability,
nature, and location of jobs, the existence of employers, and the
wages that would be paid for these purported jobs.
5. In carrying out this visa fraud scheme, TABAFUNDA and
Lawrence submitted petitions on behalf of alien beneficiaries for
positions at companies where the employer had no knowledge of
this activity. Other applications and petitions were signed in
the names of actual company employees without their knowledge.
6. TABAFUNDA used the office of the People's Resources
International Services ("PRIS"), presently located at 3699
Wilshire Boulevard, Suite 700-28 in Los Angeles, California, to
meet with aliens on whose behalf TABFUNDA and/or Lawrence
submitted fraudulent visa petitions. The address for the office
of PRIS has also been listed on fraudulent visa petitions as the
mailing address for the companies that are listed as filing the
visa petitions when in fact TABAFUNDA and/or Lawrence actually
filed the petitions.
7. As part of the investigation into this case, DOL and
ICE agents interviewed numerous employers and alien beneficiaries
for whom TABAFUNDA and Lawrence filed applications and petitions.
These aliens stated, among other things, that TABAFUNDA and
Lawrence charged the alien beneficiaries between $2,500 and
3
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$8,000 to file each fraudulent employment-based petition. DOL
and ICE have identified over 100 employment-based visa petitions
that TABAFUNDA and Lawrence filed on behalf of alien
beneficiaries.
III.
BACKGROUND: EMPLOYMENT-BASED VISA PROGRAMS
8. Based on my training and experience with the DOL and
with other investigations into immigration benefits fraud,
including employment-based visa fraud, I am aware that a U.S.
employer seeking to employ an alien may file either: (1) a non-
immigrant petition seeking a temporary employment visa for an
alien beneficiary; or (2) an immigrant petition seeking permanent
resident status for the alien beneficiary. The requesting
company is referred to as the "petitioner," and the alien is
referred to as the "beneficiary."
A. Non-immigrant Petitions Seeking Temporary Status
9. A petitioner seeking to employ a non-immigrant alien
temporarily (for a three-year period) in a professional or
specialty occupation is required to file a Labor Condition
Application ("LCA") in a hard copy version (Form ETA-9035) or in
an electronic version (Form ETA-9035E) with the DOL before CIS
may approve an H-1B non-immigrant visa ("work visa") petition for
temporary employment. In the LeAl the petitioner's
representative must submit under penalty of perjury information
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about the prospective employment, such as the nature of the open
position, the rate of pay, the period of employment, and the
location for the business.
10. If DOL approves the LCA, the petitioner must then file
with CIS a copy of the approved LCA and a petition for non-
immigrant worker (Form I-129) along with supporting
documentation. In the Form I-129 petition, the petitioner must
submit under penalty of perjury information about the prospective
employment, including the job title, physical location of the
job, wages or salary, and the availability of the job. The
petitioner must also submit documents showing that the alien is
qualified for the specialty job position. If CIS approves the
Form I-129 petition, an H1-B visa is issued to the alien.
B. Work Visa Fraud Schemes
11. Based on my training and experience, I know that
employment-based visa fraud usually follows recognizable
patterns, specifically:
a. Fraudulent petitioners commonly invent petitioning
companies or employers from whole cloth, and an investigation
will reveal that the petitioning employer does not exist.
b. Alternatively, fraudulent petitions may list an
actual emp~oyer's name and location in an employment-based
petition, but the petitioner does not intend to actually employ
the beneficiary alien. On some occasions, the listed employer is
5
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aware of the application. On other occasions, the petitioner
uses the employer's name without the employer's knowledge.
c. Fraudulent petitioners also commonly misrepresent
the nature of the job available, the wages available, location of
the job, and the qualifications of the beneficiary alien to
influence approval of employment-based petitions by U.S. labor
and immigration authorities.
d. False or misleading statements in a petition
regarding the existence of a fraudulent employer or a nonexistent
job are material to the determination by DOL and CIS as to
whether to approve an application or petition. Moreover, the
discovery of such false or,misleading statements in a previously
approved application or petition (or in supporting documentation)
may constitute grounds for revocation of that prior approval.
IV.
FACTS SUPPORTING THE COMPLAINT
12. As discussed in detail in the affidavit in support of
the search warrant, sworn on August 21, 2012, before the
Honorable Andrew J. Wistrich and incorporated herein by
reference, the investigation of DOL and ICE revealed that
TABAFUNDA and Lawrence filed over 100 fraudulent employment-based
visa petitions. (See Exhibit A, attached). A representative
sample of those fraudulent petitions showing the general manner
in which the visa scheme operated is set forth in the affidavit
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in support of the search warrant. Three of the fraudulent visa
petitions listed Barlow Respiratory Hospital as the petitioning
company I which include a petition filed on behalf of C. De
Castro. (Exhibit AI Pages 28-30 1 paragraphs 48 to 52). The visa
petition filed on behalf of C. De Castro is discussed further
below.
13. On or about January 19 1 2010 1 CIS received ~ Form 1-129
petition for C. De Castro that Barlow Respiratory Hospital
purportedly filed as the petitioner. The Form 1-129 listed J.
Coatsworth as the person signing the petition on behalf of
Barlow. The mailing address on the Form 1-129 was 3699 Wilshire
Boulevard I Suite 700-30 1 in Los Angeles I a former address for
TABAFUNDA and the office of PRIS I as stated in the affidavit in
support of the search warrant. (Exhibit AI pages 36-371
paragraphs 67-69). The corresponding LeA was filed the same
date. The visa petition and the LCA stated that Barlow intended
to employ C. De Castro as a "Health Educator. 1I
14. On or about March 31 1 2011 1 ICE Special Agent ("SAil)
Maria Castro and I interviewed Coatsworth at Barlow. Chief
Executive Officer M.C. was also present. During this interview l
Coatsworth stated the following:
a. Coatsworth began working for Barlow in November
2009 as the Vice President of Human Resources. Coatsworth and
K.L'I the Employment Coordinator I managed the H-1B applications.
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Coatsworth stated that Barlow used a law firm to complete the
immigration petitions. Coatsworth also stated that Barlow
petitioned for alien workers for medical positions onlYr not for
administrative positions. Coatsworth further stated that she had
only signed one petition r which concerned an extension of an H-1B
visa for an ICU Nurse.
b. Coatsworth was shown the CIS file containing the
visa petition and the LCA for C. De Castro. Coatsworth stated
that the position of "Health Educator/l did not exist at Barlow.
Coatsworth did not sign the Form 1-129 or the LCA. Coatsworth
also stated that the last name on the signature liner which
listed her name r was misspelled.
c. Coatsworth and M.C. did not recognize the name of
C. De Castro r and they stated that C. De Castrors name was not
found in Barlowrs employment records.
15. On or about October 11r 2012 r SA Castro and I
interviewed C. De Castro in Las Vegas r Nevada r where De Castro
resided. At that timer De Castro stated the following:
a. TABAFUNDA arranged for De Castro to obtain her
H1-B non-immigration visa through Barlow. De Castro paid
TABAFUNDA $8 r OOO for TABAFUNDArs services.
b. Before obtaining her visa r De Castro resided in
the Philippines and communicated with TABAFUNDA by telephone and
e-mail.
8
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c. De Castro confirmed that she never worked for
Barlow Respiratory Hospital.
d. After De Castro arrived in the United States r
TABAFUNDA told De Castro that the position at Barlow was closed.
TABAFUNDA also told De Castro that TABAFUNDA could assist De
Castro in finding another employer for $4 r OOO.
e. De Castro was attempting to obtain another H1-B
visa through her actual employer in Las Vegas.
16. On or about August 22r 2012 r agents from DOL and ICE
executed a search warrant at the office of PRIS. At that timer
DOL and ICE agents seized five boxes of documents. These
documents included copies of passportsr other immigration
documents r resumes r and applications from clients r all of which
are consistent with TABAFUNDA entering into contracts with aliens
and applying for visa petitions on behalf of the aliens. The
seized documents also included spreadsheets showing the petitions
filed r the names of the aliens r and the amounts paid for
TABAFUNDArs services. The seized documents also included
correspondence from CIS r including acknowledgments of received
visa petitions.
17. During the execution of the search warrant r agents of
DOL and ICE also seized three personal computers. A search of
these computers is on going.
9
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18. On or about August 22, 2012, SA Castro and I attempted
to interview TABAFUNDA at her residence in Los Angeles. At that
time, SA Castro and I informed TABAFUNDA of the search warrant
being executed at her place of business. SA Castro and I then
started to ask TABAFUNDA questions regarding some of the
fraudulent visa petitions. TABAFUNDA declined to answer any
questions and said that she first wanted to speak with an
attorney.
19. On or about October 15, 2012, U.S. Customs and Border
Protection informed SA Castro that TABAFUNDA was about to board a
cruise ship docked in Long Beach, California. The cruise ship
was scheduled for a five-day trip to ports-of-call in Catalina
Island and Mexico. Due to this notification of TABAFUNDA's
imminent departure from the United States, ICE decided. to arrest
TABAFUNDA.
10
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v.
CONCLUSION
20. Based on the foregoing facts, there is probable cause
to believe that LILIA TABAFUNDA has violated Title 18, united
States Code, Section 1546(a), False Statement in an Immigration
Application.
I declare that the foregoing is true and correct to the best
of my knowledge and belief.
is ( Cynthia Penilla Special Agent U.S. Department of Labor
Subscribed and sworn before me
this L -----''--'-- day of October 2012.
FERNANDO M. OLGUIN
UNITED STATES MAGISTRATE JUDGE
11
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 13 of 83 Page ID #:13~ ~'"ff' AFFIDAVIT FOR SEARCH WARRANT· ~(f))\D ~(
;j;). . ~ -..,... .... . UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA DOCKET NO. MAGISTRATE CASE NO .. v. 4" 1 00 ~M
THE PREMISES KNOWN AS: 8~.Jir! -.! '-' fIilII' •. '. NAME ADDRESS OF JUDGE OR U.S. MAGISTRATE
Office of People's Resources International Services JUDGE
3699 Wilshire Boulevard, Suite 700-28 ANDREW J. WISTRICH Los Angeles, California United States Magistrate Judge Los Angeles, California
The'uildersigned being duly sworn deposes and says: That there is reason to believe that
o on the person of 181 on the premises known as . CENTRAL DISTRICT OF CALIFORNIA
SEE ATTACHMENT A
The following property (or person) is concealed:
SEE ATTACHMENT B
Evidence of violations of Title 18, United States Code, Section 1546; Title 18, United States Code, Section 1001; Title 18, United States Code, Section 1341; Title 18, United States Code, Section 371; and Title 18, United States Code, Section 2(b)
Ii1l See attached affidavit which is incorporated as part of this affidavit for search warrant
Affiant states the following facts establishingthe foregoin~ounds for issuance of a Search Warrant
(SEE ATTACHED AFFIDAVIT WHICH IS INCORPORATED AS PART OF THIS AFFIDAVIT FOR SEARCH WARRANT) SIGNATURE OF AFFIANT OFFICIAL TITLE, IF ANY
SPECIAL AGENT ',l:
U.S. DEPARTMENT OF LABOR~OIG ~ OFFICE OF LABOR RACKETEERING AND FRAUD
CYNTHIA PENILLA INVESTIGATIONS
Sworn to befo~e me, and subscribed in my presence:
DATE JUDGE OR US MAGISTRATE JUDGE August 21,2012 1II\1J1D£.'W fi IW/".,. ... ,'"
I Umted States Judge or Judge of a State Court of Record . -- ..... , ", H!\liii1ivn
2 Ifa search is to be authorized "at any time in the day or night" pursuant to Federal Rules of Criminal Procedure 41(c),show reasonable cause therefor.
6~ SAUSA James Left:tja EXHIBIT fl
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 14 of 83 Page ID #:14).
ATTACHMENT A
1. The premises to be searched are described as follows:
a. The premises to be searched/ which is the office
of PRISt is located at 3699 Wilshire Boulevard/ Suite 700-28 in
Los Angeles/ California (the \\SUBJECT PREMISES//). The SUBJECT
PREMISES is a suite on the seventh floor of a high-rise brick
building located on the corner of Wilshire Bouleyard and South
Serrano Avenue. The building has a 24-Hour Fitness sign located
on the outside. The seventh floor of the building contains the
Wilshire Serrano Executive, Offices. These offices are located on
the east side of the building and are identified by the number
700/ which is located above the front door to the Executive
Offices.
b. The Wilshire Serrano Executive 'Offices are made up
of several rental suites and offices. Suite 700-28/ which is
also known as Suite 728/ is part of the Executive Offices. It is
a small/ individual office that is located in the north-east
section of the seventh floor. Suite 700-28 is an interior office
with no windows/ as identified in the floor plan that the
building manager provided to me and attached hereto as an
exhibit. See Exhibit 1. The number \\728" appears just outside
of the office next to the door.
i
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ATTACHMENT B
1. Based upon the foregoing, I respectfully submit that
there is probable cause to believe that the fo~lowing items,
which constitute evidence, fruits, ~nd instrumentalities of
violations of Title 18, United States Code, Section 1546 (Fraud
and Misuse of Visas, Permits, and Other Documents) i Title 18,
United States Code, Section 1001 (False Statements) i' Title 18,
United States Code Section 1341 (Mail Fraud) i and Title 18,
United States Code, Section 371 (Conspiracy) will be found at the
SUBJECT PREMISES. For the purposes of t~is list, ""petitioner"
refers to a company submitting a visa pet"ition, "beneficiary"
refers to the alien beneficiary of that petition.
a. Documents related to immigrant and non-immigrant
employment-based visa petitions for the period from ~003 to the
date of execution of the search warrant.
b. Documents submitted br to be submitted to the DOL,
including, but not limited to Forms ETA-9035 and ETA-9035E (Labor
Condition Application or "LCA") and associated correspondence and
supporting documentation.
c. Documents submitted to, to be submitted to, or
received by the former Immigration and Naturalization Service
("INS"), CIS, or DHS, including, but not limited to Forms I-129
(Nonimmigrant Petition for Temporary Alien Worker), letters from
potential or current employers in support of such forms (drafts
and final), associated correspondence, approval notices, and
ii
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'" t '
supporting documentation.
d. Documents or files related to the following
business names:
(a) people's Resources International Services (\\PRISff) j
(b) Ambassadors Emancipation Homes, Inc.
(c) Barlow Respiratory Hospitalj
(d) Boy Scouts of AmerlCaj
(e) City of Hopej
(f) Daughter of Powers, Inc.j
(g) Global Royal Servicesj
(h) Great Beginning for Black Babies, Inc.j
(i) National Veterans Foundationj
. (j) Pris-Ace Constructors, Inc.j
(k) Rise Outreach, Inc.;
(1) World Wide Crusade For Christj
(m) any reasonably similar permutation of the foregoing
business names (collectively the \\Employersff); and
(n) any company with a mailing or in care of address of
the 3699 Wilshire Boulevard, Suites 700, 700-10, 700-28, or 700-
30, in Los Angeles, California, or an.e-mail address of
[email protected]. from October 2003 to the present.
e. Documents and files related to the beneficiaries
of the petitions submitted by any of the Employers or any company
with the SUBJECT PREMISES mailing address from October 2003 to
the present.
iii
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f. Documents related to payments made by or received
by TABAFUNDA and/or LAWRENCE related to the Employers or any
company with the SUBJECT PREMISES mailing address from October
2003 to the present.
g. Documents related to payments made by TABAFUNDA
and/or LAWRENCE or received by TABAFUNDA and/or LAWRENCE relating
to any beneficiaries of petitions or applications that name any
of the Employers or any company with the SUBJECT PREMISES mailing
address from October 2003 to the present.
h. Documents relating to payments made by or received
by any of the Employers or any company with the SUBJECT PREMISES
mailing address from October 2003 to the present.
i. Documents and files related to the employment [
personnel [ human resources[ time records [ paycheck and payroll
records of the beneficiaries and petitioners from October 2003 to
the present.
j. Documents relating to the income of TABAFUNDA
and/or LAWRENCE and any of the Employers or any company with the
SUBJECT PREMISES mailing address [ including State of California
Employment Development Department documents that indicate the
payment of wages [ withholding [ and number of person employed for
PRISt contracts with other companies or organizations related to
the filing of visa petitions and LCAs[ and associated
c?rrespondence from October 2003 to the present.
iv
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k. Bank Statements, checks, deposit tickets, check
registers, credit card receipts, invoices, money orders,
traveler's checks, and cashier's checks showing receipt or
distribution of profits related to petitions and applications
involving any 'of the Employers or any company with the SUBJECT
PREMISES mailing address from October 2003 to the present.
1. Correspondence, notes, telephone notes, internal
memoranda, ~ppointment books and calendars, and address books
related to petitions and applications involving any of the
Employers or any company with the SUBJECT PREMISES mailing
address from October 2003 to the present.
m. Financial and operation statements, trial
balances, adjusting entries, balance sheets, income statements,
and sales reports showing receipt or distribution of profits
related to petitions and applications involving any of the
Employers or any company with the SUBJECT PREMISES mailing
address from October 2003 to the present.
n. Devices or documents that may be connected with
the preparation of the employment-based petitions and related
documents, including: official (or official-looking), seals,
stamps, insignia, letters, letterhead, forms, and writing
pertaining to employment-based petitions.
o. Keys, utility bills, leases, rental agreements,
and personal papers or possessions showing domihion and control
over 3699 Wilshire Boulevard, Suites 700, 700-10, 700-28, or 700-
v
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30, in Lbs Angeles, California.
p. Safe deposi~ box keys and rental records, storage
facility keys, and all records pertaining to the location,
rental, access, and entry of any-storage facility.
q., As used above, the terms records, documents,
programs, applications, or materials includes records, documents,
programs, applications, or materials created, modified, or stored
in any form.
2. with respect to any digital devices falling within the
scope of the foregoing search categories, or any digital devices
containing evidence falling within the scope of the foregoing
search categories, records, documents, programs, applications or
materials, or evidence of the absence of same, sufficient to show
the actual user(s) of the digital device during the, time period
2003 to the date of execution of this wa'rrant.
3. As used above, the terms records, documents, programs,
applications or materials include records, documents, programs,
applications or materials created, modified or stored in any
form, including in digital form on ~ny digital device and any
forensic copies thereof. As used both above and below, the term
"digital device" includes any electronic system or device capable
of storing and/or processing data in digital form, including:
central processing units; laptop or notebook computers; personal
digital assistants; wireless communication devices such as
telephone paging devices, beepers, and mobile telephones;
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peripheral input/output devices such as keyboards, printers,
scanners, plotters, monitors, and drives intended for removable I'
I media; related communications devices such as modems, cables, and
connections; storage media such as hard disk drives,_ floppy
disks, compact disks, magnetic tapes used to store digital data
(excluding analog tapes such as VHS), and memory chips; and
security devices.
4. - In searching for digital devices and in searching
digital data stored on digital devices, law enforcement personnel
executing this search warrant will employ the following
procedure:
a. Law enforcement personnel or other individuals
assisting law enforcement personnel will, in their discretion,
either search the digital device(s) on-site or seize and
transport the device(s) to an appropriate law enforcement
laboratory or similar facility to be searched at that location.
The team of law enforcement personnel, which may include the
investigating agent(s), and/or individuals assisting law
enforcement personnel searching the digital device(s) shall
complete the search as soon as is practicable but not to exceed
60 days from the date of execution of this warrant. If
additional time is needed, tpe government may seek an extension
of this time period from the Court within the original 60 day
period from the date of execution of the warrant.
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b. The team searching the digital devices will do so
only by using search protocols specifically chosen to identify
only the specific items to be seized under this warrant.
c. The team may subject all of the data contained in
the digital device capable of containing items to be seized, as
specified in this warrant, . to the protocols to determine whether
the digital device and any data falls witnin the items to be
seized as set forth herein. The team searching the digital
device may also search for and attempt to recover "deleted,"
\\hidden" or encrypted data to determine, pursuant to the
protocols, whether the data falls within the list of items to be
seized as set forth herein.
d. The team searching the digital device also may use
tools to exclude normal operating system files and standard
third-party software that do not need to be searched.
e. When searching a digital device pursuant to the
specific protocols selected, the team searching the digital
device shall make and retain notes regarding how the search was
conducted pursuant to the selected protocols.
f. If the team searching a digital device pursuant to
the selected protocols encounters immediately apparent contraband
or other evidence of a crime outside.the scope of the items to be
seized, the team shall immediately discontinue its search of that
digital device pending further order of the Court and shall make
and retain notes detailing how the contraband or other evidence
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of a crime was encountered, including how it was immediately
apparent contraband or evidence of a crime.
g.- At the conclusion of the search of the digital
devices as set forth in subparagraph (a) above, any digital
device determined to be itself an instrumentality of the offenses
and all the data thereon shall be retained ,by the government
until further order of court or one year after the conclusion of
the criminal case/investigation.
h. Notwithstanding the above, after the completion of
the search of the digital devices as set forth in subparagraph
(a) above, the government shall not access digital data fal,ling
outside the scope of the items to be seized in this warrant on
any retained digital devices or digital data absent further order
of court.
i. If the search team determines that a digital
device is not an instrumentality of any offense under
investigation and does not contain any data falling within the
list of items to be seized pursuant to this warrant, the
government will as soon as practicable return the digital device
and delete or destroy all the forensic copies thereof.
j. If the search determines that the digital device
or the forensic copy is not an instrumentality of the offense but
does contain data falling,within the list of the items to be
seized pursuant to this warrant, the government either (I) within
the time period authorized by the Court for completing the
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search, return to the Court for an order authorizing retention of
the digital device and forensic copy; or (ii) retain only a copy
of the data found to fall within the list of the items to be
seized pursuant to this warrant and return the digital device and
delete or destroy all the forensic copies thereof.
5. In order to search for data that is capable of being
read or interpreted by a digital device, law enforcement
personnel are authorized to seize the following items, subject to
the procedures set forth above:
a. Any digital device capable of being used to
commit, further, or store evidence of the offense listed-above;
b. Any equipment used to facilitate the transmission,
creation, display, encoding or storage of digital data, including
word processing equipment, modems, docking stations, monitors,
printers, plotters, encryption devices, and optical scanners;
c. Any magnetic, electronic or optical storage device
capable of storing data, such as floppy disks, hard disks, tapes,
CD-ROMs, CD-R, CD-RWs, DVDs, optical disks, printer or memory
buffers, smart cards, PC cards, memory calculators, electronic
dialers, electronic notebooks, cellular telephones, and personal
digital assistants;
d. Any documentation, operating logs and reference
manuals regarding the operation of the digital device or software
used in the digital device;
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e. Any applications, utility programs, compilers,
interpreters, and other software used to facilitate direct or
indirect communication with the digital, device;
f. Any physical keys, encryption devices, dongles,
and similar physical 'items that are necessary to gain access to
the digital device or data stored on the digital device; and
6. The special procedures relating to digital media found
in this warrant govern only the search of digital media pursuant
to the authority conferred by this warrant and do not apply to
any search of digital media pursuant to any other court order.
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A F F I D A V I T
I, Cynthia Penilla, being duly sworn, do hereby depose and
say the following:
1. I am a Special Agent ("SA") with the united States
Department of Labor ("DOL"), Office of Irispector General, ~ffice
of Labor Racketeering and Fraud Investigations, in West Covina,
California, and I have been so employed since March 2007. Prior
to becoming an SA with the pOL, I was an investigator for· the
DOL, Wage and Hour Division for seven years. I am a graduate of
the Federal Law Enforcement Training Center in Glynco, Georgia.
As a DOL SA, my duties include investigating fraud, waste, and
abuse of various DOL programs. During my tenure as an SA, I have
participated in and conducted investigations of criminal activity
including immigration fraud, unemployment insurance' fraud,
identity theft, money laundering, and other related financial
crimes. During the investigation of these cases, I hav$
participated in the execution of search and arrest warrants and
have seized evidence of violations of federal law.
2. The information contained in this affidavit is the
result of my own personal investigation and information
communicated to me by other law enforcement officers familiar
with these facts. Unless specifically indicated, all
conversations, statements, and other information described in
this affidavit are described only in part and in substance. To
the extent any information in this affidavit is not within my
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 26 of 83 Page ID #:26
personal knowledge, I learned of it through other law enforcement
officers and/or their reports, my review of business records, and
my analysis of law enforcement databases and public records.
3. Among other things, I have learned the facts set forth
in this affidavit through my own review of the documents
discussed herein, interviews of alien beneficiaries, undercover
operations, and through my discussions with other law enforcement
agents and federal and California State officials. My
conclusions are based on my training and experience in
investigating immigration and employment-based benefits fraud.
I.
PURPOSE OF THE AFFIDAVIT
4. This affidavit is made in support of an application
for a search warrant for the office of People's Resources
International Services ("PRIS"), located at 3699 Wilshire
Boulevard, Suite 700-28, in Los Angeles, California (the "SUBJECT
PREMISES") for evidence, fruits, and instrumentalities of
violations of Title 18, United States Code, Section 154.6 (Fraud
and Misuse of Visas, Permits, and Other Documents) i Title 18,
United States Code, Section 1001 (False Statements); Title 18,
United States Code Section 1341 (Mail Fraud) i Title 18, United
States Code, Section 371 (Conspiracy); and Title 18, united
states Code, Section 2(b) (Causing Acts to be Done).
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5. This affidavit is submitted for the limited purpose of
establishing probable cause for the requested search warrant and
does not purport to include each and every fact known to me
concerning this investigation. The dates of the incidents
described herein occurred or happened on or about the dates
stated in the affidavit.
II.
OVERVIEW OF THE INVESTIGATION
6. As discussed in greater detail below, since 2003, LILIA
TABAFUNDA ("TABAFUNDA") and GILBERT LAWRENCE ("LAWRENCE"),
through shell companies and by assuming the identities of mainly
non-profit companies, have engaged in a scheme to submit over 100
fraudulent employment-based immigration petitions and supporting
documentation to the U.S. Department of Homeland Security
("DHS"), u.s. Citizenship and Immigration Services ("CIS"), and
the DOL, Employment and Training Administration, Office of
Foreign Labor Certification, for the purpose of fraudulently
procuring work visas for alien beneficiaries. In so doing,
TABAFUNDA and LAWRENCE submitted, and caused to be submitted,
false and fraudulent information concerning the availability,
nature, and location of jobs, the existence of employers, and the
wages that would be paid for these purported jobs.
7. In carrying out this visa fraud scheme, TABAFUNDA and
LAWRENCE submitted petitions on behalf of alien beneficiaries for
3
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positions at companies where the employer had no knowledge of
this activity. LAWRENCE signed 'many of the applications and
petitions as an officer or employee of these companies. other
applications and petitions were signed in the names of actual
company employees without their knowledge.
8. The SUBJECT PREMISES I which is the office of the ,
People/s Resources International Services ("PRISII) I is used by
TABAFUNDA to meet with aliens on whose behalf TABAFUNDA and/or
LAWRENCE have submitted fraudulent visa petitions. The SUBJECT
PREMISES has also been listed on fraudulent visa petitions as the
address for shell companies that TABAFUNDA and LAWRENCE have used
as part of their fraudulent scheme.
9. As part of the investigation into this case l DOL and
ICE agents interviewed numerous employers and alien beneficiaries
for whom TABAFUNDA and LAWRENCE filed applications and petitions.
These aliens stated l among other things I that TABAFDNDA and
LAWRENCE charged the alien beneficiaries between $2 / 500 and
$8 / 000 to file each fraudulent employment-based petition.
10. As stated above I the DOL and ICE have identified over
100 employment-based visa petitions that TABAFUNDA and LAWRENCE
filed on behalf of alien beneficiaries. This affidavit does not
discuss every filed petition. This affidavit instead provides a
representative sample of the visa petitionsfiled l which reflect
the manner of, operation of TABAFUNDA and LAWRENCE/s fraudulent
4
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scheme. Except where stated otherwise ( CIS approved all the visa
petitions( and DOL approved all the Labor Condition Applications
discussed below.
III.
PREMISES TO BE SEARCHED
11. The premises to be searched( which is the office of
PRISt is located at 3699 Wilshire Boulevard ( Suite 700-28 in Los
Angeles ( California (the uSUBJECT PREMISES"). The SUBJECT
PREMISES is a suite on the seventh floor of a high-rise brick
building located on the corner of Wilshire Boulevard and South
Serrano Avenue. The building has a 24-Hour Fitness sign located
on the outside. The seventh floor of the building contains the
Wilshire Serrano Executive Offices. These offices are located on
the east side of the building and are identified by the number
700( which is located above the front door to the Executive
Offices.
12. The Wilshire Serrano Executive Offices are made up of
several rental suites and offices. Suite 700-28( which is also
known as Suite 728( is part of the Executive Offices. It is a
small ( individual office that is located in the north-east
section of the seventh floor. Suite 700-28 is an interior office
with no windows ( as identified in the floor plan that the
building manager provided to me and attached hereto as an
exhibit. See Exhibit 1. The number U728" appears just outside
5
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of the office next to the door.
IV.
BACKGROUND: EMPLOYMENT-BASED VISA PROGRAMS
~3. Based on my training and experience with the DOL and
with other investigations into immigration benefits fraud,
including employment-based visa fraud, I am aware that a U.S.
employer seeking to employ an alien may file either: (1) a
nonimmigrant petition seeking a temporary employment visa for an
alien beneficiary; or (2) an immigrant petition seeking permanent
resident status for the alien berteficiary. The requesting
company is referred to as the "petitioner," and: the alien is
referred to as the "beneficiary."
~4. Until the recent advent of electronic filing,
applications, petitions, and supporting documentation were almost
invariably sent to the DOL, the former INS, and CIS through the
U.S. mails or other commercial common carrier, such as Federal
Express, Airborne Express, and DHL. Having reviewed the
petitions filed by TABAFUNDA and LAWRENCE, it appears that many
of the petitions and supporting documentation were filed through
the use of the mail. More recent applications were submitted via
electronic transmission to the DOL.
A. Non-immigrant Petitions Seeking Temporary Status
15. A petitioner seeking to employ a non-immigrant alien
temporarily (for a three-year period) in a professional or
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specialty occupation is required to file a Labor Condition
Application ("LCA") in a hard copy version (Form ETA-9035) or in
an electronic version (Form ETA-9035E) with the DOL before CIS
may approve an H-1B non-immigrant visa ("work visa") petition for
tempqraryemployment. In the LCA, the petitioner's
representative must submit under penalty of perjury information
about the prospective employment, such as the nature of the open
position, the rate of pay, the period of employment, and the
location for the business.
16. If DOL approves the LCA, the petitioner must then file
with CIS a copy of the approved LCA and a petition for non-
immigrant worker (Form I-129) along with supporting
documentation. In the Form I-129 petition, the petitioner must
submit under penalty of perjury information about the prospective
emploYment, including the job title, physical location of the
job, wages or salary, and the availability of the job. The
petitioner must also submit documents showing that the alien is
qualified for the spe~ialty job position. If'CIS approves the
Form I-129 petition, an H1-B visa is issued to the alien.
17. Documents submitted by a petitioner in support of an
LCA and a Form I-129 petition, may include, but are not limited
to: (a) advertisements of the employment· vacancy, such as copies
of newspaper classified ads, internet pages, or job fair
handouts; (b) letters of recommendation and job descriptions from
7
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prior employers of the proposed alien beneficiary; (c)
transcripts or other documentation of educational and/or training
courses taken by the proposed alien beneficiary; (d)
documentation of efforts to fill the employment vacancy with a
United States citizen or otherwise eligible worker; (e) foreign
documents and their translations; (f) wage and employer records
for the petitioner; (g) documents pertaining to petitioner's
intent to employ the petitioned alien beneficiary; and (h)· pay
stubs for the petitioned alien beneficiary.
B. Work Visa Fraud Schemes
18. Based on my training and experience, I know that
employment-based visa fraud usually follows recognizable
patterns, specifically:
a. Fraudulent petitioners commonly invent petitioning
companies or employers from whole cloth, and an investigation
will reveal that the petitioning employer does not exist.
b. Alternatively, fraudulent petitions may list an
actual employer's name and location in an employment-based
petition, but the petitioner does not intend to actually employ
the beneficiary alien. On some occasions, the listed employer is
aware of the application. On other occasions, the petitioner
uses the employer's name without the employer's knowledge.
c. Fraudulent petitioners also commonly misrepresent
the nature of the job available, the wages available, location of
8
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the job, and the qualifications of the beneficiary alien to
influence approval of employment-based petitions by u.s. labor
and immigration authorities.
d. False or misleading statements in a petition
regarding the existence of a fraudulent employer or a nonexistent
job are material to the determination by DOL and CIS as to
whether to approve an application or petition. Moreover, the
discovery of such false or misleading statements in a previously
approved application or petition (or in supporting documentation)
may constitute grounds for revocation of that prior approval.
v.
FACTS SUPPORTING PROBABLE CAUSE
A. Review of Petitions Filed by TABAFUNDA and LAWRENCE
19. On or about June 22, 2007, ICE received information
from the Fraud Detection and National Security Unit of CIS that
LAWRENCE was filing fraudulent Form 1-129 petitions. ICE and DOL
then commenced an investigation into the suspected fraudulent
activities of TABAFUNDA and LAWRENCE in filing employment-based
visa petitions. As discussed in greater detail below, the
investigation included, among other things: (a) review and
analysis of the petitions filed by TABAFUNDA and LAWRENCE, and
petitions filed in the names of the Employers (as defined below) i
(b) investigation into the nature of the Employers and their
purported businesses, including review of government records,
9
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employment filings, and site visits; (d) interviews with persons
for whom TABAFUNDA and LAWRENCE filed fraudulent employment-based
visa petitionsi and (e) an undercover operation in which'
TABAFDNDA described her willingness to participate in fraud. The
investigation uncovered over 100 fraudulent employment-based visa
petitions. A representative sample of those fraudulent petitions
showing the general manner in which the visa scheme operated is
set forth below.
20. During the investigation, DOL and ICE agents reviewed
the contents of CIS files associated with the petitions filed by
TABAFDNDA and LAWRENCE. Based on my training and experience, I
know that a CIS file generally contains all documents related to
the filing of a particular visa petition or other immigration
benefit. Both the CIS file and the corresponding petition or
application are assigned an alphanumeric code that contains
unique identifying information. Multiple petitions may be
consolidated into a single Alien File or "A-File," which provides
a permanent record of the alien's immigration history. The visa
petitions discussed below are contained in various DHS A-Files.
• National Veterans Foundation
21. On or about December 1, 2003, CIS received a Form I-129
petition for a non-immigrant worker for M.S.P. that the National
Veterans Foundation ("NVF") purportedly filed as the petitioner.
The petition listed a job description for an auditor. The
10
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petition was later abandoned, in that the petition was not
pursued following a request for information. A corresponding LCA
(Labor Condition Application) was filed with DOL on or about
November 10, 2003. LAWRENCE signed both documents under the
penalty of perjury with his signature, "Gilbert Lawrence," and
listed his name as the Human Resources Director.
22. On or about March 12, 2008, DOL SA Aron Klaff and I
interviewed M.S.P. at her residence in San Pedro, California.
M.S.P. provided the following:
a. M.S.P. entered the united States in May 2003 on a
tourist visa. M.S.P. saw an advertisement in a Filipino
newspaper, stating that PRIS offered a review class for teachers.
M.S.P. went to PRIS, and TABAFUNDA hired M.S.P. as a clerk/
messenger for approximately one month.
b. Since M.S.P. did not have legal status in the
United States, TABAFUNDA offered to assist M.S.P. in filing an
H-1B work visa for her. TABAFUNDA said that "Gilbert" would file
the petition and that the employer for the H-1B visa would be
NVF. TABAFUNDA charged M.S.P. approximately $5,000 for the visa.
c. M.S.P. never worked for NVF.
23. On or about March 5, 2008, ICE SA Cousino and I
interviewedF.S.M. at the NVF office in Los Angeles. F.S.M.
provided the following:
11
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a. F.S.M. is the CEO, president, and founder of NVF,
a non-profit organization staffed by United States veterans. NVF
provides education and crisis counseling for the veterans via
telephone.
b. Around the spring of May 2004, F.S.M. hired
LAWRENCE to answer the phones. Soon thereafter after, F.S.M.
starte.d having problems with LAWRENCE and began monitoring him.
c. While opening some incoming mail, F.S.M. found out
that LAWRENCE was using the company's name and address for other
businesses. F.S.M. also found immigration papers and other
letters containing the name and address of NVF.
d. Through the use of a private investigator, F.S.M.
determined that LAWRENCE had an office on Wilshire Boulevard in
Los Angeles. The private investigator also told F.S.M. that
LAWRENCE was receiving $5,000 to obtain "green cards" for aliens.
e. In January 2005, F.S.M. terminated LAWRENCE and
never saw him again.
f f. F.S.M. never gave LAWRENCE permission to use NVF's
name to petition anyone into the United States. LAWRENCE was
never the human resources director of the foundation. No foreign
workers ever worked there.
• World Wide Crusade for Christ
24. On or about October 28, 2003, CIS received a Form I-129
petition for S.C.E. that World Wide Crusade for Christ ("WWCC")
12
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purportedly filed as the petitioner. A corresponding LCA was
filed on or about October 23, 2003. Both the Form 1-129 and the
LCA stated that WWCC petitioned to employ S.C.E. as an
accountant. LAWRENCE signed both documents under the penalty of
perjury with his signature, "Gilbert Lawrence," and listed his
name as the Chief Executive Officer of WWCC.
25. On or about June 13, 2008, ICE SA Frank Mendiola and I
interviewed S.C.E., who provided the following:
a.' S.C.E. entered the Dnited States on a visitor
visa. S.C.E. found an advertisement in a Filipino newspaper
concerning employer sponsorship.' The name of the company was
PRIS, and the address was 3699 Wilshire Boulevard, Suite 700.
b. S.C.E. went to the PRIS office and met with
TABAFUNDA. TABAFUNDA said she ran, the company with LAWRENCE.
TABAFUNDA paid LAWRENCE $1000 to sign each petition.
c. TABAFUNDA charged S.C.E. $3,500 for a work visa.
TABAFUNDA told S.C.E. that the sponsoring company was WWCC.
S.C.E. instead worked for PRIS and never worked for WWCC.
26. On or about November 12, 2003, CIS received a letter
from W.J., who stated that he was the CEO of WWCC. W.J. also
stated that LAWRENCE was conducting business in the name of WWCC
without W.J.'s permission.
13
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27. On or about December 121 2007, ICE SA Cousino and I
interviewed W.J. at his place of business in Los Angeles. W.J.
provided the following:
a. W.J. verified that he was the founder and owner of
WWCC, a non-profit organization providing housing for people with
drug addictions or mental illnesses.
b. Sometime in 2002 or 2003, W.J. met an unidentified
individual ("UI II) at a seminar in Los Angeles. Although W.J.
could not remember UL's name, he described UI as an Af~ican
American male in his early 50s, about 5'10 1f and 165 lbs. (This
matches the description of LAWRENCE.) UI offered to assist W.J.
in creating a new non-profit venture. UI prepared the paperwork.
W.J./S wife later noticed Ulls name in the paperwork and took the
documents to their CPA to remove Ulls name. Several months
later l W.J. started receiving mailings that identified his
company and UI as a sponsor for workers from another country.
c. W.J. tried to file a complaint with the local
police, but he was referred to an agency on First Street in Los
Angeles. Around the same time, W.J. ran into UI and confronted
him. UI denied any wrong doing l and soon after the mailings
stopped.
• Global Royal Services
28. On or about April 12, 2004, CIS received a Form 1-129
petition for J.L.W. that Global Royal Services, Inc. ("GRSII)
14
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filed as the petitioner. The petition was later abandoned. A
corresponding LCA was filed on or about April 6, 2004. Both the
Form I-129 and the'LCA stated that GRS petitioned to employ
J.L.W. as an accountant. LAWRENCE signed both documents under
the penalty of perjury as president of GRS.
29. On or about June II, 2008, ICE SA Frank Mendiola, ICE'
SA Robert Boone, and I interviewed J.L.W. near her residence in
Aihambra, California. J.L.W. provided the following:
a. J.L.W. entered the United States in September 2003
on a tourist visa. J.L.W. stated that she read an advertisement
in the "Asian Journal" for PRIS located at 3699 Wilshire
Boulevard, Suite 700. The advertisement claimed PRIS helped
immigrants gain lawful status in the United States.
b. J.L.W. went to the PRIS office and met with
"Lily," who told J.L.W~ that she would find a sponsor for her
work visa. "Lily" stated that LAWRENCE would sponsor J.L.W,'s
visa. J.L.W. paid PRIS almost $4,000.
30. I have reviewed records on file with the State of
California Secretary of State relating to GRS. The Articles of
Incorporation list GRS as a Nonprofit Public Benefit Corporation.
No officers were listed for the corporation, but the registering
agent listed was LAWRENCE with a mailing address of 3699 Wilshire
Boulevard, Suite 700-10.
15
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31. I have reviewed Quarterly Wage and Withholding reports
("DE-6") concerning GRS on file with the California Employment
Development Department ("EDDfI). According to the EDD, GRS filed
no DE-6 forms for the period of January 2004.to February 2008,
which indicated that GRS was a shell corporation.
32. On or about january 15, 2008, ICE SA Cousino and I )
interviewed J.F. at US VETS of Los Angeles, which was located at
the alleged employer address for GRS. J.F. provided the
following:
a. J.F. was the property manager for US VETS - Los
Angeles, which was a non-profit organization within the U.S.
Department of Veterans A~fairs that provided transitional housing
for homeless or formerly homeless veterans.
b. J.F. stated that according to their records,
LAWRENCE lived in the building from July 7, 2003, to August 10,
2004.
c. J.F. has been with US VETS since 1993 and had
never heard· of "Global Royal Services." J.F. also stated that
. tenants were not allowed to run businesses from their apartments,
and all mail needed to be in the tenants' names or it was
returned.
d. J.F. also stated that US VETS has n€ver petitioned
for foreign workers, nor hired anyone from a foreign county.
16
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• Rise Outreach, Inc.
33. On or about August 28 1 2007 1 'CIS received a Form 1-129
petition for A.B.G. that Rise Outreach l Inc. purportedly filed as
the petitioner. The petition stated thatA.B.G. would be
employed as a grants administrator. "Dr. Eric Page ll signed the
petition as president of the company. The DOL received a
corresponding LCA.
34. The Form 1-129 listed the mailing address for Rise
Outreach as the SUBJECT PREMISES. The petition also stated that
the beneficiary1s work would be performed at 3699 Wilshire
Boulevard l Suite 700-10 1 a suite located on the same floor as the
SUBJECT PREMISES. The LCA and correspondence addressed to CIS
also provided another address for Rise Outreach l 4603 Ashworth
Streetl in r.;akewood l California.
35. On or about July 28 1 2010 1 ICE SA Castro and ICE SA
Jason Lau interviewed A.B.G. at his residence in Alhambra l
California. At that time, A.B.G. provided the following:
a. A.B.G. entered the United States in 2007 on a
visitor visa. A.B.G. obtained an H-1B visa later that same year.
Rise Outreach petitioned for him as a Grants Administrator. The
office was located at the SUBJECT PREMISES, and "Gilbert" was his
supervisor.
b. Prior to obtaining his H1B visa, A.B.G. went to an .
employment agency called "People's Resources ll anG. spoke with
17
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TABAFUNDA. The agency was located at 3699 Wilshire Boulevard,
Suite 700 in Los Angeles. During their first meeting, TABAFUNDA
asked A .. B.G. about his immigration status. TABAFUNDA also told
A.B.G. that she could obtain an H-IB visa for A.B.G., but A.B.G.
had to find an employer.
c. After A.B.G. could not find a potential employer,
he returned to TABAFUNDA. TABAFUNDA referred A.B.G. to Rise
Outreach, which was located on the same floor as PRIS. TABAFUNDA
told him to speak to "Gilbert," who later interviewed A.B.G. and
hired him.
d. A.B.G. paid TABAFUNDA about $5000 to "fix his
paperwork," which included obtaining a visa for his wife.
e. A.B.G. began working for Rise Outreach in mid-
2007. "Gilbert" was not specific about A.B.G.'S position as
grants administrator. A.B.G. expected to be working full-time
conducting research, but instead his duties were clerical in
nature. A.B.G. mainly reviewed grants for accuracy. Sometimes,
A.B.G. went to the office, and there would be nothing for him to
do. A.B.G. worked only about 15 to 20 hours per week, but
according to his visa, he was supposed to work fUll-time.
f. A.B.G. was paid in cash at about $11 per hour.
(However, the LeA stated that A.B.G. would be paid $15.50 per
hour.) There was no regular schedule of payment, and A.B.G. was
paid when there was work to perform.
18
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g. A.B.G. stated that he usually worked by himself.
A.B.G. saw few employees, and most of the time "Gilbert" was' not
there. A.B.G. stated that he worked for "Gilbert" for almost one
year but later stated that he worked for only a couple of months.
A.B.G. never received a Form W-2 from Rise Outreach.
h. A.B.G. was asked about the address in Lakewood for
Rise Outreach. A.B.G. stated that he has never worked there and
that there were no other offices for Rise Outreach. A.B.G. did
not know "Dr. Eric Page."
i. Around December 2009, A.B.G. returned to TABAFUNDA
to prepare a visa application for another company. The new Form
I~129 was filed on or about June 24, 2010, on behalf of Utomo
Group, Inc. The petition stated that A.B.G. would be employed in
public relations/marketing. A.B.G. paid almost $3000 for the
petition and still owed $750~
j. A.B.G. also stated that TABAFUNDA filed a visa
petition for his wife to work for TABAFUNDA in a human resources
position at PRIS. (The petition was denied in January 2010, but
TABAFUNDA filed an appeal in March 2010.) A.M.G. paid $4000 for
the I-129 petition and $800 for the appeal.
k. A.B.G. inquired as, to the status of his petition
via the CIS website, which indicated insufficient funds were
issued. A.B.G. had made contact with TABAFUNDA to inquire about
19
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 44 of 83 Page ID #:44
this matter.
36. As previously stated, the LCA concerning Rise Outreach
listed an employer address of 4603 Ashworth Street, in Lakewood,
California. On or about May 5, 2010, SA Castro and I drove to
this address and saw that it was a residential home.
• Great Beginnings for Black Babies
37. On or about November 20, 2007, CIS received a Form I-
129 petition for J.C.F. that Great Beginnings for Black Babies,
Inc. ("GBBB") purportedly filed as the petitioner. A
corresponding LCA was filed on or about October 3, 2007. The
Form I-129 and LCA indicated J.C.F. would be employed as a budget
analyst. Both documents indicated that Z.J. signed the documents
as the Executive Director for the organization. The employer
address provided on the LCA and Form I-129 was an address in
Inglewood, California.. The mailing address provided was 3699
Wilshire Boulevard, Suite 700-10.
38. On or about August 24, 2010, ICE SA Castro and DOL SA
Klaff interviewed J.C.F. at his work address in Santa Fe Springs,
California. J.e.F. provided the following:
a. J.C.F. came into the United States in May 2003 on
a tourist visa. He later accompanied an acquaintance to the
offices of PRIS.· J.C.F. met TABAFUNDA, who explained how to file
an H1-B visa and the cost for the visa. TABAFUNDA claimed to own
PRIS with her business partner, LAWRENCE.
20
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 45 of 83 Page ID #:45
b. J.C.F. left the country and returned on July 2007
on a tourist visa. J.C.F. then contacted TABAFUNDA to help him
file an Hl-B petition. J.C.F. paid TABAFUNDA $8,000, and
TABAFUNDA told J.C.F. that the petitioning company was GBBB, but
"J. C. F. never worked there.
c. Subsequently, TABAFUNDA convinced J.C.F.to have
his current employer, V-Factory, petition for J.C.F. TABAFUNDA
stated that the petition would cost $3,070, which J.C.F.'s boss
paid with the agreement that J.e.F. would pay him back. However,
J.C.F. never performed the duties required for his H1-B visa.
39. On or about May 4, 2010, SA Castro and I interviewed
Z.J., who provided the following:
a. Z.J.founded GBBB in 1990, and Z.J .. retired in
December 2008. While she was working/ Z.J. was involved in the,
hiring of employees.'
b. Z.J. was shown the application and petition in the
name of J~C.F. Z.J. stated that she never petitioned for J.C.F.
and neither prepared nor signed the Form I-129 and LCA.
q. Z.J. was unfamiliar with the job announcement for
a budget analyst. Z.J. stated that GBBB did not have a budget
analyst. Z.J. was not familiar with the address listed on the
job announcement/ the mailing address of the SUBJECT PREMISES, or
the e-mail [email protected]. which was provided on
the Form I-129 and the LCA.
21
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 46 of 83 Page ID #:46
d. Z.J. hired mostly permanent residents or u.s.
citizens familiar with the local community.
e. Z.J. did not know LAWRENCE or TABAFUNDA.
• Daughters of Power, Inc.
40. On or about October 9, 2007, CIS received a Form 1-129
petition for M.R.M that Daughters of Power, Inc. purportedly
filed as the petitioner. The petition stated that M.R.M. would
be employed as a grants administrator. The corresponding LeA was
filed on or about September 27, 2007. Both the LCA and the Form
1-129 were signed in the name of D.J. On the LCA, the employer
address was listed as 332 North Doheny Drive in Beverly Hills,
~alifornia. The mailing address on the Form 1-129 was 3699
Wilshire Boulevard, Suite 700-10.
41. On or about May 17, 2010, SA Castro'and I interviewed
M.R.M. at her place of employment in Los Angeles. During this
interview, M.R.M. stated the following:
a. In April 2007, M.R.M. entered the united States on
a visitor visa, and M.R.M. wanted to remain legally in the
country. Thus, M.R.M. went to TABAFUNDA's office.
b. M.R.M'. paid $8,000 in cash to TABAFUNDA for an H1-
B visa. TABAFUNDA told M.R.M. that the sponsoring company was
Daughters of Power and that the position was a grants
administrator. M.R.M. never worked for Daughters of Power.
22
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 47 of 83 Page ID #:47
42. On or about May 5, 2010, SA Castro and I drove to the
employer address listed on the LCA, 332 North Doheny Drive in
Beverly Hills. At that time, we saw that the address was a
single-story residence.
• The Boy Scouts of America
43. I have reviewed the CIS files and accompanying
documentation for petitions filed for the Boy Scouts of America
("BSA") and learned the following:
a. On or about December 8, 2008, CIS received a Form
I-129 petition for A.B.F. A corresponding LCA was filed on or
about November 25, 2008. Both the Form I-129 and. the .LCA stated
that BSA petitioned to employ A.B.F. as a public relations
specialist.
b. On or about May 7, 2008, CIS received a Form I-129
petition for J.M.M. The corresponding LCA was filed on or about
May 5, 2008. Both the Form I-129 and the LCA stated that BSA
petitioned to employ J.M.M. as a public director of nautical
affairs.
c. The employer address listed on both LCAs was
located in Irving, Texas. Both Form I-129s stated that the alien
beneficiary would work at an address in Marina Del Ray,
California. The mailing address listed on both Form I-129s was
3699 Wilshire Boulevard, Suite 700-10. C.F. signed both Form I-
129s and both LeAs as the Director of Operations for the BSA.
23
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 48 of 83 Page ID #:48
44. On or about September 28, 2010, SA Castro and I
interviewed L.H. at his place of business in Van Nuys,
California. L.H. provided the following:
a. L.H. had been the Chief Operations Officer for the
BSA for about three weeks, but he had worked for the Western Los
Angeles County Council for about 12 years. L.H. stated that the
BSA'S national office is located in Irving, Texas.
b. L.H. was involved in the hiring process for the
BSA. The c'ouncil hired only U.S. citizens or permanent
residents. The council did not hire individuals from abroad and
had not filed any immigration applications for any foreign
workers; The BSA'S national office in Texas did not conduct any
hiring for its local councils.
c. L.H. did not know C.F. (who had purportedly signed
the immigration petitions). L.H. stated that C.F.'s alleged job
position of "Director of Operations" did not exist.
d. L:H. stated that the BSA had an office in Marina
Del Rey. The office was primarily used for sea 'scouting
activities and only had one employee, the Sea-Based Director.
BSA'closed the office about three years beforehand.
e. L.H. was shown J.M.M.'s file. L.H. did not
recognize J.M.M.'s name or his passport photograph. L.H. also
stated that the Los Angeles County Council did not have a
director of nautical affairs position.
24
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 49 of 83 Page ID #:49
f. L.H. was also shown F.A.B.'s file. L.H. did not
recognize F.A.B.'s name, but upon seeing her passport photograph,
L.H. thought she had a familiar looking face. L.H. also stated
that the council does not have a public relations specialist
position ..
g. Both files contained correspondence addressed to
CIS using a letterhead, which according to L.H .. , was not the
council's official letterhead.
45. On or about September 29, 2010, L.H. informed me that
there was an employee working in the national office by the name
of C.F. This person was the legal counsel in the national
endowment office.
• The C~ty of Hope
46. I have reviewed the CIS files and accompanying
documentation for petitions filed for the City of Hope and
learned the following:
a. On or about June 18, 2007, CIS received a Form I-
129 petition for R.B.R. that the City of'Hope purportedly filed
as the petitioner. The corresponding LCA was filed on or about
April 13, 2007. Both the Form I-129 and the LCA stated that the
City of Hope petitioned to employ R.B.R. as a medical research
coordinator.
b.On or about June 11, 2007, CIS received a Form I-
129 for M.C.H. that the City. of Hope purportedly filed as. the
25
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 50 of 83 Page ID #:50
petitioner. The corresponding LCA was filed on or about April
13, 2007. Both the Form 1-129 and the LCA stated that the City
o~ Hope petitioned to employ M.C.H. as a biological science
technologist. ,
c. On or about November 19, 2007, CIS received a Form
1-129 for T.B.C. that the City of Hope purportedly filed as the
petitioner. The corresponding LCA was filed on or about January
31, 2007. Both the Form 1-129 and the LCA stated that the City
of Hope petitioned to employ T.B.C. as a grants administrator.
d. The employer address listed on all three LCAs was
208 West 8th Street in Los Angeles. The mailing address listed
on Form I-129s was 3699 Wilshire Boulevard, Suite 700-10. The
alien beneficiary's work address was left blank, which indicates
that the work site address was 3699 Wilshire Boulevard, Suite
700-10. All of the LCAs and Form 1-129s concerning the City of
Hope were purportedly signed by G.V. as the human resources
manager.
47. On or about May 13, 2010, SA Castro and I interviewed
G.V. at the City of Hope. G.V. provided the following:
a. G.V. has been the Director of Human Resources for
the City of Hope since November 2007. previously, he was a human
resources manager from January 2004 to November 2007.
b. According to G.V., the City of Hope does file H-1B
visas for aliens living abroad. The City of Hope only hires such
26
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 51 of 83 Page ID #:51
individuals with scientific or medical backgrounds, such as
researchers and scientists. The City of Hope does not fill
administrative positions with foreign workers.
c. G.V. stated that pe has been indirectly involved
with the immigration process for more than 11 years. G.V. stat~d
that the City of Hope files immigration petitions with the
assistance of MSK Law Office in Los Angeles and attorney Carl
Shusterman in the San Fernando Valley.
d. G.V. was shown the Form 1-129 filed on behalf of
R.B.R., who was to be employed as a medical research coordinator.
G.V. stated that he was unfamiliar with R.B.R. and that the City
of Hope does not have a m~dical research coordinator position.
G.V. also stated that he did not sign the Form 1-129. G.V. was
shown the LCA filed on b'ehalf of R.B.R. G.V.' stated that the
signature on the document was not his signature.
e. G.V. was shown the Form 1-129 filed on behalf of
M.C.H. as a biological science technologist. G.V. stated that he
did not know M.C.H. and that there was no such position with the
City of Hope. G.V. stated that he did not sign the Form 1-129.
G.V. stated the signature on the LCA was not his signature.
f. G.V. was shown the Form 1-129 filed on behalf of
T.B.C. as a grants administrator. G.V. stated that he did not
know T.B.C. G.V. also stated that position did not exist, and if
it did, the City of Hope would not hire a foreign national. G.V.
27
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 52 of 83 Page ID #:52
stated that he did not sign the Form I-129.
g. Regarding the work address of 208 West 8th Street
in Los Angeles r G.V. stated that the City of Hope had used that
address since 1999.
h. As for 3699 Wilshire Boulevard r Suite 700-10,
which was used as a mailing address, G.V. stated that the City of
Hope has never used that address. The City of Hope has instead
used two other locations on Wilshire ~oulevard.
• Barlow Respiratory Hospital
48. On or about January 15, 2010, CIS received a Form I-129
petition for A.T.B. that Barlow Respiratory Hospital purportedly
filed as the petitioner. The corresponding LCA was filed on or
about January 12, 2010. The petition stated that A.T.B. would be
employed as a "Utilization Review Coordinator." CIS denied the
petition on or about March 2, 2010, and an appeal was later
filed.
~9. On or about January 19, 2010, CIS received a Form I-129
petitiop. for C.D.C. that Barlow Respiratory Hospital purportedly
filed as the petitioner. The corresponding LCA was filed on or
about January 12, 2010. The petition and LCA stated that Barlow
intended to·employ C.D.C. as a "Health Educator."
50. On or. about February 18, 2010, CIS received a Form I-
129 petition for D.C. that Barlow purportedly filed as the \
petitioner. The corresponding LCA was filed on or about January
28
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 53 of 83 Page ID #:53
13, 2010. The petition and the LCA stated that Barlow intended
to employ D.C. as a uPharmacovigilance and Medical Information
Specialist."
51. All three Forms 1-129 petitions related to Barlow
provided.themailingaddressof3699WilshireBoulevard.Suite
700-30.
52. On or about March 31, 2011, ICE SA Castro and I
interviewed J.C. at Barlow. Chief Executive Officer M.C. was
also present. During this interview, J.C. stated the following:
a. J.C. began working for Barlow in November 2009 as
Vice President of 'Human Resources. J.C. and K.L., the Employment
Coordinator, managed the H-1B applications. J.C. stated that
Barlow used a law firm to complete the immigration petitions,
which she later signed. J.C. stated that Barlow petitioned for
alien workers for medical positions only, not for administrative
positions. J.C. also stated that the only petition she signed
was an extension of an H-1B visa for an ICU Nurse.
b. J.C. was shown the WAC file for A.T.B. J.C.
stated that UUtilization Review Coordinator" was not an official
title at Barlow. There was a 'similar position called UCase
Manager." J.C. did not sign the Form 1-129 or the LCA. J.e.
also pointed out that the last name on the signatures was
misspelled. M.C. added that J.C. never used the title uHuman
Resources Manager" as stated on the applications.
29
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 54 of 83 Page ID #:54
c. J.C. was also shown the WAC File for C.D.C. J.C.
stated that the position of "Health Educator" did not exist at
Barlow. J.C. did not sign the Form I-129 or the LCA. The last
name on the signatures was again misspelled.
d. J.C. was also shown the WAC File for D.C. J.C.
stated that the job position of "Pharmacovigilance and Medical
Information Specialist" did not exist at Barlow. J.C. did not
sign the Form I-129 and the LCA.
e. J.e. and M.C. did not recognize the names of the
three beneficiaries, stated above, and the names were not found
in Barlow's employment records.
f. J.C. and M.C. stated that the letterhead for
Barlow contained in all three files was not Barlow's official
letterhead.
• People's Resources International Services (UPRIS")
53. On or about December 16, 2009, CIS received a Form I-
129 petition for S.A.G. " that PRIS filed as the petitioner. The
petition stated that S.A.G. would be employed as a human
resources specialist. The Form I-129 petition was denied on or
about January 20, 2010.
54. The Form I-129 for S.A.G. stated the mailing address
was in care of TABAFUNDA, and the address was listed as 3699
Wilshire Boulevard, Suite 700. The Form I-129 stated that PRIS
was established in 2001, and at the time of filing, there were
30
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 55 of 83 Page ID #:55
five employees. TABAFUNDA's signature appeared on the petition.
55. On or about December 12, 2011, I reviewed records filed
with the State of California relating to PRIS. These records
state that for the fourth quarter of 2009, PRIS filed a quarterly
wage and withholding report that indicated PRIS only had one
employee· during that quarter.
56. On or about November 24, 2010, CIS received a Form 1-
129 petition for G.R.K. that PRIS filed as the petitioner. The
petition stated that G.R.K. would be employed as a public
relations specialist.
57. The Form 1-129 for G.R.K. stated the mailing address
was in care of TABAFUNDA, and the address was listed as· the
SUBJECT PREMISES. The Form 1-129 stated that PRIS was
established in 2002, and at the time of filing, there were three
employees. TABAFUNDA's signature appeared on the petition.
58. The review of records filed with the State of
California relating to PRIS stated that for the first three
quarters of.2010, PRISfiled quarterly wage and withholding
reports that indicated PRIS had no employees.
• More Recent Filings
59. I have recently received information from DOL that
indicates TABAFUNDA or another individual at the SUBJECT PREMISES
has continued to file visa petitions and LeAs on behalf of
aliens. While these more recent visa petitions and LCAS have not
31
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 56 of 83 Page ID #:56
been fully investigated, they also appear to be suspicious for -
the following reasons:
a. In February 2011, three LCAs were filed on behalf
of "Ambassadors Emancipation Homes, Inc."" ("AEH"). For all three
LeAs, the employer address was the, SUBJECT PREMISES, and the
email address referred to PRIS. According to the State of
California, there are no EDD records on file for AEH; which
suggests that AEH is a shell" corporation.
b. In May 2011, two LCAs were filed on behalf of
"Pris-Ace Constructors, Inc." ("PAC"). For both LCAs, the
employer address was the SUBJECT PREMISES, and the email address
referred to PRIS. According to the State of California, there
are no EDD records on file for PAC, which indicates that PAC is a
shell corporation.
c. In February 2012, TABAFUNDA filed an LCA on behalf
of PRIS for the position of a database administrator. The
employer address was 3699 Wilshire Boulevard, Suite 700.
B. Undercover Operations
60. As described below, undercover ICE SA Oliver Ramelb
(\\UCA") conducted undercover meetings with TABAFUNDA and her
associate at the SUBJECT PREMISES. During those meetings, SA
Ramelb made payments to TABAFUNDA and elicited comments from
TABAUNDA, indicating her willingness to engage in visa fraud.
32
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 57 of 83 Page ID #:57
61. On or about November 10, 2008, while wearing audio and
video recording devices I DCA met with TABAFUNDA at the SUBJECT
PREMISES. The DC operation was conducted in Tagalog. The
following is a summary of the meeting as translated by DOL
analyst Medy Reyes:
a. UCA arrived at the SUBJECT PREMISES and spoke with
"Mimi." Mimi said she had worked at PRIS for the past three
years and that PRIS was a job staffing and placement agency.
b. UCA asked Mimi about the immigration process.
Mimi told UCA to file for a Labor Certification to stay in the
country. Mimi also stated that once DCA had his case number from
the DOLI UCA could work in the country without being. deported.
c. UCA then' spoke with TABAFUNDA. UCA told TABAFUNDA
that he was present on a tourist visa and that he has been in the
country for the past five years. TABAFUNDA asked UCA about his
work experience. DCA told TABAFUNDA that he studied mechanical
engineering for three years. UCA also stated that while in the
united States, he has been working in construction.
d. TABAFUNDA asked for UCAls passport and an 1-94.
UCA told TABAFUNDA that he gave his passport to a friend and did
not have it. TABAFUNDA told UCA to go to the Philippine
consulate to request a copy.
e. TABAFUNDA told UCA that the process of obtaining a
visa would cost him $6,000, but DCA could'pay in installments.
33
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 58 of 83 Page ID #:58
TABAFUNDA said the first payment would be $2(500( and that DCA
would then pay a monthly fee.
f. TABAFUNDA told DCA that she was processing
immigration documents for some farmers and that she could get DCA
a labor certification with the farmers. TABAFUNDA asserted that
this was the only job she could obtain for DCA.
g. DCA asked TABAFUNDA how he could get his legal
paperwork to stay in the United States. TABAFUNDA told UCA that
the only way would be through marriage.
h. TABAFUNDA gave UCA an application to fill out and
told him to cornel back with his passport( a form I-94( and $2(500.
DCA asked if he could take the application ,home ( but TABAFUNDA'
did not allow it.
'62. On or about January 12( 2009( while wearing audio and
video devices ( UCA met with TABAFUNDA at the SUBJECT PREMISES.
The meeting was conducted in Tagalog. The following is a summary
of ,the meeting as translated by UCA:
a. TABAFUNDA asked DCA for a copy of his, passport.
DCA did not have it and instead provided TABFUNDA with a copy of
his I-94. TABAFUNDA advised DCA to immediately obtain a
replacement passport from the Philippine embassy.
b. TABAFUNDA told UCA that she already had a'work
sponsor for UCA and that she would provide ,DCA with a labor
certification as a farm worker. TABAFUNDA also told DCA that he
34
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 59 of 83 Page ID #:59
would not need to actually .work on the farm.
c. TABAFUNDA told UCA that if he needed
identification, TABAFUNDA had connection$ in the Department of
Motor Vehicles who could provide UCA with a California
identification card for $2,000.
d. TABAFUNDA informed UCA that she knew someone who
would help UCA obtain a green card through marriage. TABAFUNDA
admitted that she has helped others obtain green cards in the
same manner. (Based upon my training and experience, I believe
that TABAFUNDA admitted that she had participated in marriage
fraud schemes.)
e. TABAFUNDA mentioned that LAWRENCE was her business
partner.
f. UCA provided TABAFUNDA with $2,500, and TABAFUNDA
provided UCA with a service agreement receipt. TABAFUNDA told
UCA that his next payment would be $2,000, and that his third
payment would be $1,500.
c. Internet Service Provider
63. On or about April 18, 2011, I received from AT&T
Internet Services customer account information pertaining to the
email [email protected]. which was the employer contact
e-mail listed on many of the LeAs and the.Form I-129s.
64. AT&T Internet Services records showed that ·the account
was opened on or·about August 5, 2002, in the name of Francisco
35
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 60 of 83 Page ID #:60
Tabafunda with the company name of \~Lilia Migration LN. II The
service address was listed as 3699 Wilshire Boulevard, Unit 700.
65. On or about November 30, 2010, the internet service was
upgraded from DSL to U-Verse. The customer name was updated to
"Peoples Res Inter Sry," and the service and billing address was
updated to the SUBJECT PREMISES. The primary contact person was
listed as TABAFUNDA.
VI.
ARREST OF LAWRENCE IN THE PHILIPPINES
66. On or about April 6, 2011, SA Alexander Benoliel of the
U.S. Department of State, Diplomatic Security Service, informed
me that LAWRENCE had been arrested and detained in the
Philippines on charges of illegal recruiting. LAWRENCE is still
in custody in the Philippines.
VII.
PROBABLE CASE TO BELIEVE THAT INCRIMINATING DOCUMENTS WILL BE
FOUND AT THE SUBJECT PREMISES
A. Leasing of the SUBJECT PREMISES
67. Based upon the following, I believe that TABAFUNDA has
been operating a business at the SUBJECT PREMISES from 2002 to
the present. TABAFUNDA has used various offices within the
SUBJECT PREMISES, but she now uses only Suite 728.
68. I have obtained two lease agreements from the Wilshire
Business Center, which is also located at 3699 Wilshire
36
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 61 of 83 Page ID #:61
Boulevard, Suite 880. The first lease agreement states that
Francisco Nana Tabafunda l the husband of TABAFUNDA, leased 3699
Wilshire Boulevard, Suite 700-28 beginning August 1, 2002. The
corresponding lease application states that the lessee's company
is PRIS, and the partners of the company are listed as TABAFUNDA I
Domingo Aguilar.1 and Frank Tabafunda. The second lease agreement
states that TABAFUNDA leased Suite 700-10 of 3699 Wilshire
Boulevard beginning February 1, 2004. TABAFUNDA signed the
agreement as "President. 1f
69. On or about December 1, 2011, the property manager for
the Wilshire Business Center provided me with a letter from
TABAFUNDA. The letter was printed on a page with PRIS
letterhead, and it was dated November 1, 2011. In this letter I
TABAFUNDA stated that PRIS wanted to terminate its lease for
Suite 700-30 of 3699 Wilshire Boulevard due to "the change in the
economic situation. 1/ TABAFUNDA also stated that PRIS would
continue to lease Suite 700-28 of 3699 Wilshire Boulevard.
B. Recent visits to the SUBJECT PREMISES
70. On or about March 13, 2012 1 a confidential informant
("CI If ) made a recorded telephone call to PRIS, and the CI spoke
with "Lily.1f The CI told "Lilylf that he was an alien who wanted
to obtain lawful status in the United States. At that time,
"Lily" provided no answers that indicated PRIS was engaging in
unlawful activity. However, the conversation with "Lily/'
37
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 62 of 83 Page ID #:62
indicated that PRIS was still in business and still filing visa
petitions. for aliens.
71. On or about March 29, 2012, the CI went to the SUBJECT
PREMISES wearing a concealed audio and video recording device l to
meet with TABAFUNDA. ICE SA Maria Castro and I then interviewed
the 'CI, and ICE SA Oliver Ramelb, who is fluent in Tagalog,
reviewed the audio recording. The interview with the CI and the
audio recording provided the following:
a. The CI went to the office of PRIS, which was
located at the SUBJECT PREMISES.
b. An older Filipino male, "Romy," was there. The CI
asked for TABAFUNDA and said that he wanted to obtain legal
status in the United States. "Romy" told the CI to wait for
TABAFUNDA.
c. The CI waited for a few minutes and then left the
office. Before leaving, "Romy" provided the C:t with TABAFUNDA's
business card, which stated that she worked for PRIS.
d. The CI stated that the PRIS office was a small
office with three desks and two chairs next to each desk. The
office had two filing cabinets with four drawers for each cabinet
and a television set on top of one of the cabinets.
1 The camera in the recording device was pointed towards the ceiling. Thus, there was little to see on the video other than the fact that the CI went to a small office.
38
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72. On or about May 25, 2012, ICE SA Darwin Tchan went to
the PRIS office. SA Tchan provided the following information to
SA· Castro, who in turn provided it to me:
a. SA Tchan went to the SUBJECT PREMISES. Just to
the left of the office door, SA Tchan saw a name plate stating
\\People's Resources International Services." The name plate also
listed the number \\728."
b. SA Tchan knocked on the door, which was slightly
ajar. SA Tchan then entered the office and saw an Asian female
sitting behind a desk located to the left of the office door. SA
Tchan briefly spoke with this woman before leaving the office'.
c. While SA Tchan was in the PRIS office, he
observed a black computer monitor sitting on top of the Asian
female's desk. SA Tchan did not see any other computers,
computer equipment, or employees. SA Tchan could not see half of
the office, because the office door opened inward and blocked his
view.
C. Recent Phone Call Regarding the Lease for PRIS
73. On August 14, 2012, I had a telephone co~versation with
June Yi, the Senior Vice President of Jamison Services, Inc.,
which is the company that currently manages the building at 3699
Wilshire Boulevard in Los Angeles, California. Ms. Yi confirmed
that TABAFUNDA continues to occupy the SUBJECT PREMISES and does
not, lease any other suite at 3699 Wilshire Boulevard.
39
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 64 of 83 Page ID #:64
D. Storage of Paper Documents and Electronic Documents
74. Many of the fraudulent Form I-129s and LCAs{ including
those discussed herein{ were filed many years ago{ but; some of
these documents were filed with the DOL and CIS as recently as
2011 and February 2012, as discussed above. The mailing
addresses on these applic~tions and petitions indicate that the
documents were generated at the SUBJECT PREMISES. Based upon my
training and experience, I know that individuals who file visa
petitions, whether genuine or fraudulent { tend to keep copies of
the documents filed with the DOL and CIS. I also know that
individuals tend to keep these records months and years after
filing the documents with DOL and CIS. Thus, I believe that
copies of many of the documents discussed above will be located
within the office at the SUBJECT PREMISES that is controlled by
TABAFUNDA and LAWRENCE.
75. Many of the LeAs were filed electronically. Based upon
my training and experience, I know that LCAs are filed
electronically via the Internet, and the documents are sent from
the computers that are used by the petitioners or the individuals
hired by the petitioner to generate the LCAs. I also know that
individuals tend to keep electronic copies of documents stored on
computer hard drives, computer disks{ and other portable storage
devices for months and years after the documents were filed.
Thus, based upon my training and experience, there is reason to
40
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 65 of 83 Page ID #:65
believe that electronic copies of these LCAs would still be saved
on the computers or other digital media located with the office
of the SUBJECT PREMISES.
76. Furthermore, it is commonplace for other documents to
be generated on a computer, such as the completed Form I-129
petitions and documents in support of the petitions. In this
case, documents filed in support of many Form I-129s look very
similar. The typeface, use of bold text in certain places, and
the organization of , the documents all look very similar, but the
heading 0f the documents concern different companies. These
consistencies in documents indicate that they were generated on
the same computer. Based upon my training and experience, I
know that individuals tend to keep electronic copies of Form 1-
129s and supporting documentation stored on computer hard drives,
computer disks, and other portable storage devices for months and
years after the documents were filed. Thus, based upon my
training and experience, I believe that such documents may still
be electronically saved on the computers or other digital devices
located within the office of the SUBJECT PREMISES.
VIII.
TRAINING AND EXPERIENCE ON DIGITAL DEVICES
77. As used herein, the term "digital device" includes any
electronic system or device capable of storing and/or processing
data in digital form, including: central processing units; laptop
41
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 66 of 83 Page ID #:66
or notebook computers; personal digital assistants; wireless
communication devices such as telephone paging devices, beepers,
and mobile telephones; peripheral input/output devices such as
keyboards, printers, scanners, plotters, monitors, and drives
intended for removable media; related communications devices such
as modems, cables, and connections; storage media such as hard
disk drives, floppy disks, compact disks, magnetic tapes used to
store digital data (excluding analog tapes such as VHS), and
memory chips; and security devices. Based on my knowledge,
training~ and experience, as well as information related to me by
agents and others involved in the forensic examination of digital
devices, I know that data in digital form can be stored on a
variety of digital devices and that during the search of the ,
premises, it is not always possible to search digital devices for
digital data for a number of reasons, incl~ding the following:
a. Searching digital devices can be a highly
technical process that requires specific expertise and
specialized equipment. There are so many types of digital
devices and software in use today that it is impossible to bring
to the search site all of the necessary technical manuals and
specialized equipment necessary to conduct a thorough search. In
addition, it may also be necessary to consult with specially
trained personnel who have specific expertise in the type of
digital device, software app'lication, or operating system that is
42
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 67 of 83 Page ID #:67
being searched.
b. Digital data is particularly vulnerable·to
inadvertent or intentional modification or destruction.
Searching digital devices can require the use of precise,
scientific procedures that are designed to maintain the integrity
of digital data and to recover "hidden," erased, compressed,
encrypted, or password-protected data. As a result, a controlled
environment, such as a law enforcement laboratory or similar
facility, is essential to conducting a complete and accurate
analysis of data stored on digital devices.
c. The volume of data stored on many digital devices
will typically be so large that it will be highly impractical to
search for data during the execution of the physical search of
the premises. A single megabyte of storage space is the
equivalent of 500 double-spaced pages of text.' A single gigabyte
of storage space, or 1,000 megabytes, is the equivalent of
500,000 double-spaced pages of text. Storage devices capable of
storing 500 gigabytes ("GB") of data are now commonplace in
desktop computers. Consequently, each non-networked, desktop
computer found during a search can easily contain the equivalent
of 240 million pages of data, that, if printed out, would
completely fill three 35 1 x 35 1 X 10 1 rooms to the ceiling.
Furt~er, a 500 GB drive could contain as many as approximately
450 full run movies or 450,000 songs.
43
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 68 of 83 Page ID #:68
d. Electronic files or remnants of such files can be
recovered months or even years after they have been downloaded
onto a hard drive, deleted, or viewed via the Internet.
Electronic files saved to a hard drive can be stored for years
with little or no cost. Even when such files have been deleted,
they can be recovered months or years later using readily-
'available forensics tools. Normally, when a person deletes a
file on a computer, the data contained in the file does not
actually disappear; rather, that data remains on the hard drive
until it is overwritten by new data. Therefore, deleted files,
or remnants of deleted files, may reside in free space or slack
space, i.e., space on the hard drive that is not allocated to an
active file or that is unused after a file has been allocated to
a set block of storage space for long periods of time before they
are overwritten. In addition, a computer's operating system may
also keep a record of deleted data in a swap or recovery file.
Similarly, files that have been viewed via the Internet are
automatically downloaded into a temporary Internet directory or
cache. The browser typically maintains a fixed amount of hard
drive space devoted to these files, and the files are only
overwritten as they are replaced with more recently viewed
Internet pages. Thus, the ability to retrieve residue of an
electronic' file from a hard drive depends less on when the file
was downloaded or viewed than on a particular user's operating
44
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 69 of 83 Page ID #:69
system,storage capacity, and computer habits. Recovery of
residue of "electronic files from a hard drive requires
specialized tools and a controlled laboratory environment.
e. Although some of the records called for by this
warrant might be found in the form of user-generated documents
(such as word processor, picture, and movie files), digital
devices can contain other forms of electronic evidence as well.
In particular, records of how a digital device has been used,
what it has been used for, who has used it, and who has been
responsible for creating or maintaining records, documents,
programs, applications, and materials contained on the digital
devices are, as described further in the attachments, called for
by this warrant. Those records will not always be found in
digital data that is neatly segregable from the hard drive image
as a whole. Digital data on the hard drive not currently
associated with any file can provide evidence of a file that was
once on the hard drive but has since been deleted or edited, or
of a deleted portion of a file (such as a paragraph that has been
deleted from a word processing file). Virtual memory paging
systems can leave digital data on the hard drive that show what
tasks and processes on the computer were recently used. Web
browsers, e-mail programs, and chat programs store configuration
data on the hard drive that can reveal information such as online
nicknames and passwords. Operating systems can record additional
45
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 70 of 83 Page ID #:70
data, such as the attachment of peripherals, the attachment of
USB flash storage devices, and the times the computer was in use.
Computer file systems can record data about the dates files were
created and the sequence in which they were created. This data
can be evidence of a crime, indicate the identity of the user of
the digital device, or point toward the existence of evidence in
other locations. Recovery of this data requires specialized
tools and a controlled laboratory environment.
f. Further, evidence of how a digital device has been
used, what it has been used for, and who has used it, may be the
absence of particular data on a digital device. For example, to
rebut a claim that the owner of a digital, device was not
responsible for a particular use because the device was being
controlled remotely by malicious software, it may be necessary to
show that malicious software that allows someone else to control
the digital device remotely is not present on the digital device.
Evidence of the absence of particular data on a digital device is
not segregable from the digital device. Analysis of the digital
device as a whole to demonstrate the absence of particular data
requires specialized tools and a controlled laboratory
environment.
g. Based on my personal experience, training, and
information provided by other law enforcement, I know that
persons engaged in criminal conduct, including benefit fraud,
46
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 71 of 83 Page ID #:71
upon becoming aware that they are the subjects of criminal
investigationr remove from their digital devices any data and
records including computer files and e-mails that evidence the
offenses for which they are being investigated.
h. Other than what has been described herein r to my
knowledge r the united States has not attempted to obtain this
data by other means.
IX.
ITEMS TO BE SEIZED
78. Based upon the foregoing r I respectfully submit that
there is probable cause to believe that the following items r
which constitute evidence r fruits r and instrumentalities of
violations of Title 18 r United States Coder Section 1546 (Fraud
and Misuse of Visas r Permits r and Other Documents); Title 18 r
United States Code, Section 1001 (False Statements); Title 18,
United States Code Section 1341 (Mail Fraud); and Title 18 r
United States Coder Section 371 (Conspiracy) will be found at the
SUBJECT PREMISES. For the purposes of this list r "petitionerrr
refers to a company submitting a visa petition, "beneficiaryll
refers to the alien beneficiary of that petition.
a. Documents related to immigrant and non-immigrant
employment-based visa petitions for the period from 2003 to the
date of'execution of the search warrant.
47
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 72 of 83 Page ID #:72
b. Documents submitted or to be submitted to the DOL,
including, but not limited to Forms ETA-9035 and ETA-9035E (Labor
Condition Application or "LCA") and associated correspondence and
supporting documentation.
c. Documents submitted to, to be submitted to, or
received by the former Immigration and Naturalization Service
("INS"), CIS, or DHS, including, but not limited to Forms I-129
(Nonimmigrant Petition for Temporary Alien Worker), letters from
potential or current employers in support of such forms (drafts
and final), associated correspondence, approval notices, and
supporting documentation.
d. Documents or files related to the following
business names:
(a) People's Resources International Services ("PRIS");
(b) Ambassadors Emancipation Homes, Inc.
(c) Barlow Respiratory Hospital;
(d) Boy Scouts of America;
(e) City of Hope;
(f) Daughter of Powers, Inc.;
(g) Global Royal Services;
(h) Great Beginning for Black Babies, Inc.;
(i) National Veterans Foundation;
(j) Pris-Ace Constructors, Inc.;
(k) Rise Outreach, Inc.;
48
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 73 of 83 Page ID #:73
/
(1) World Wide Crusade For Christ;
(m) any reasonably similar permutation of the foregoing
business names (collectively the "Employersll); and
(n) any company with a mailing or in care of address of the
3699 Wilshire Boulevard, Suites 700, 700-10, 700-28" or 700-30,
in Los Angeles, California, or an e-mail address of
[email protected]. from October 2003 to the present.
e. Documents and files related to the beneficiaries
of the petitions submitted by any of the Employers or any company
with the SUBJECT PREMISES mailing address from October 2003 to
the present.
f. Documents related to payments made by or received
by TABAFUNDA and/or LAWRENCE related to the'Employers or any
company with the SUBJECT PREMISES mailing address from October
2003 to the present.
g. Documents related to payments made by TABAFUNDA
and/or LAWRENCE or received by TABAFUNDA and/or LAWRENCE relating
to any beneficiaries of petitions or applications that name any
of the Employers or any company with the SUBJECT PREMISES mailing
address from October 2003 to the present.
h. Documents relating to payments made by or received
by any of the Employers or any company with the SUBJECT PREMISES
mailing address from October 2003 to the present.
49
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 74 of 83 Page ID #:74
i. Documents and files related to the employment,
personnel, human resources, time records, paycheck and payroll
records of the beneficiaries and petitioners from October 2003 to
the present.
j. Documents relating to the income of TABAFUNDA
and/or LAWRENCE and any of the Employers or any company with the
SUBJECT PREMISES mailing address, including State of California
Employment Development Department documents that indicate the
payment of wages, withholding, and number of person employed for
PRISt contracts with other companies or organizations related to
the filing of visa petitions and LCAs, and associated
correspondence from October 2003 to the present.
k. Bank Statements, checks, deposit tickets, check
registers, credit card receipts, invoices, money orders,
traveler's checks, and cashier's checks showing receipt or
distribution of profits related to petitions and applications
involving any of the Employers or any company with the SUBJECT
PREMISES mailing address from October 2003 to the present.
1. Correspondence, notes, telephone notes, internal
memoranda, appointment books and calendars, and address books
related to petitions and applications involving any of the
Employers or any company with the SUBJECT PREMISES mailing
address from October '2003 to the present.
50
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 75 of 83 Page ID #:75
m. Financial and operation statements, trial
balances, adjusting entries, balance sheets, income statements,
and sales reports showing receipt or distribution of profits
related to petitions and applications involving any of the
Employers or any company with the SUBJECT PREMISES mailing
address from October 2003 to the present.
n. Devices or documents tha~ may be connected with
the pr~paration of the employment-based petitions and related
documents, including: official (or official-looking) seals,
stamps, insignia, letters, letterhead, forms, and writing
pertaining to employment-based petitions ..
o. Keys, utility bills, leases, rental agreements,
and personal papers or possessions showing dominion and control
over 3699 Wilshire Boulevard, Suites 700, 700-10, 700-28, or 700-
30, in Los Angeles, California.
p. Safe deposit box keys and rental records, storage
facility keys, and all records pertaining to the location,
rental, access, and entry of any storage facility.
q. As used above, the terms records, documents,
programs, applications, or materials includes records, documents,
programs, applications, or materials created, modified, or stored
in any form.
79. with respect to any digital devices falling within the
scope of the foregoing search categories, or any digital devices
51
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 76 of 83 Page ID #:76
containing evidence falling within the scope of the foregoing
search categories, records, documents, programs, applications or
materials, or evidence of the absence of same, sufficient to show
the actual user(s) of the digital device during the time period
2003 to the date of execution of this warrant.
80. As used above, the terms records, documents, programs,
applications or materials include records, documents, programs,
applications or materials created, modified or stored in any
form, including in digital form on any digital device and any
forensic copies thereof. As used both above and below, the term
"digital device" includes any electronic system or device capable
of storing and/or processing data in digital form, including:
central processing units; laptop or notebook computers; personal
digital assistants; wireless communication devices such as
telephone paging devices, beepers, and mobile telephones-;
peripheral input/output devices such as keyboards, printers,
scanners, plotters, monitors, and drives intended for removable
media; related communications devices such as modems, cables, and
connections; storage media such as hard disk drives, floppy
disks, compact disks, magnetic tapes used to store digital data
(excluding analog tapes such as VHS) , and memory chips; and
security devices.
81. In searching for digital devices and in searching
digital data stored on digital devices, law enforcement personnel
52
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 77 of 83 Page ID #:77
executing this search warrant will employ the following
procedure:
a. Law enforcement personnel or other individuals
assisting law enforcement personnel will, in their discretion,
either search the digital device(s) on-site or seize and
transport the device(s) to an appropriate law enforcement
laboratory or similar facility to be searched at that location.
The team of law enforcement personnel, which may include the
investigating agent(s), and/or individuals assisting law
enforcement personnel searching the digital device(s) shall
complete the search as soon,as is practicable but not to exceed
60 days from the date of execution of this warrant. If
additional time is needed, the government may seek an extension
of this time period from the Court within the original 60 day
period from the date of execution of the warrant.
b. The team searching the digital devices will do so
only by using search protocols specifically chosen to identify
only the specific items to be seized under this warrant.
c. The team may subject all of the data contained in
the digital device capable of containing items to be seized, as
specified in this warrant, to the protocols to determine whether
the digital device and any data falls within the items to be
seized as set forth herein. The team searching the digital
device may also search for and attempt to recover "deleted,"
53
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 78 of 83 Page ID #:78
"hidden" or encrypted data to determine, pursuant to the
protocols, whether the data falls within the list of items to be
seized as set forth herein.
d. The team searching the digita~ device also may use
tools to exclude normal operating system files and standard
third-party software that do not need to be searched.
e. When searching a digital device pursuant to the
specific protocols selected, the team searching the digital
device shall make and retain notes regarding how the search was
conducted pursuant to the selected protocols.
f. If the team searching a digital device pursuant to
the selected protocols encounters immediately apparent contraband
or other evidence of a crime outside the scope of the items to be
seized, the team shall immediately discontinue its search of that
digital device pending further order of the Court and shall make
and retain notes detailing how the contraband ,or other evidence
of a crime was encountered, including how it was immediately
apparent contraband or evidence of a crime.
g. At the conclusion of .. the search of the digital
devices as set forth in subparagraph (a) above, any digital
device determined to be itself an instrumentality of the offenses
and all the data thereon shall be retained by the government
until further order of court or one year after the conclusion of
the criminal case/investigation.
54
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 79 of 83 Page ID #:79
h. Notwithstanding the above, after the completion of
the search of the digital devices as set forth in subparagraph
(a) above, the government shall not access digital data fall,ing
outside the scope of the items to be seized in this wa'rrant on
any retained digital devices or digital data absent further order
of court.
i. If the search team determines that a digital
device is not an instrumentality of any offense under
investigation and does not contain any data falling within the
list of items to be seized pursuant to this warrant, the
government will as soon as practicable return the digital device
and delete or destroy all the forensic copies thereof.
j. If the search determines that the digital device
or the forensic copy is not an. instrumentality of the offense but
does contain data falling within the list of the items to be
seized pursuant to this warrant, the government either (I) within
the time period authorized by the Court for completing the
search, return to the Court for an order authorizing retention of
the digital device and forensic COPYi or (ii) retain only a copy
of the data found to fall within the list of the items to be
seized pursuant to this warrant and return the ·digital device and
delete or destroy all the forensic copies thereof.
82. In order to search for data that is capable of being
read or interpreted by a digital device, law enforcement
55
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 80 of 83 Page ID #:80
personnel are authorized to seize the following items, subject to
the procedures set forth above:
a. Any digital device capable of being used to
commit, further, or store evidence of the offense listed above;
b. Any equipment used to facilitate the transmission,
creation, display, encoding or storage of digital data, including
word processing equipment; modems, docking stations, monitors,
printers, plotters, encryption devices, and optical scannerSi
c. Any magnetic, electronic or optical storage device
capable of storing data, such as floppy disks, hard disks, tapes,
CD-ROMs, CD-R, CD-RWs, DVDs, optical disks, printer or memory
buffers, smart cards, PC cards, memory calculators, electronic
dialers, electronic notebooks, cellular telephones, and personal
digital assistants;
d. Any documentation, operating logs and reference
manuals regarding the operation of the digital device or software
used in the digital device;
e. Any applications '. utility programs, compilers,
interpreters, and other software used to facilitate direct or
indirect communication with the digital device;
f. Any physical keys, encryption devices, dongles,
and similar physical items that are necessary to gain access to
the digital device or data stored on the digital device; and
56
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 81 of 83 Page ID #:81t (_
83. The special procedures relating to digital media found
in this warrant govern only the search of digital media pursuant
to the authority co~ferred by this warrant and do not apply to
any search of digital media pursuant to any other court order.
X.
CONCLUSION
84. Based upon the information set forth above and my
training and experience, I believe there is probable cause to
search the premises located at 3699 Wilshire Blvd., Suite 700-28,
Los Angeles, California 90010, for evidence, fruits, and
instrumentalities of violations of Title 18, United States Code,
Section 1546 (Fraud and Misuse of Visas, Permits, and Other
Documents); Title 18, United States -Code, Section 1001 (False
-Statements); Title 18, United States Code Section 1341 (Mail
II
/1
57
Case 2:12-mj-02387-DUTY Document 1 Filed 10/16/12 Page 82 of 83 Page ID #:82
Fraud); Title 18, United States Code, Section 371 (Conspiracy);
and Title 18, United States Code, Section 2(b) (Causing Acts to
be Done) .
I declare that the foregoing is true and correct to the best
of my knowledge and belief.
Cynthia Penllla Special Agent U.S. Department of
Subscribed and sworn before me
this ~ day of August 2012.
ANDREW J. WISTR1CH
UNITED STATES MAGISTRATE JUDGE
58
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