Month: November 2018

The unsealed indictment alleges that from March 2017 to August 2018, Moktar Hossain, 30, conspired to bring and brought 14 Bangladeshi nationals to the United States at the Texas border in exchange for a fee.

Bangladeshi National Arrested in Houston to Face Charges for a Conspiracy to Bring Aliens into the United States

A Bangladeshi national residing in Monterrey, Mexico, was arrested yesterday on arrival at George Bush Intercontinental Airport to face a criminal indictment issued in the Laredo Division of the Southern District of Texas for his role in a scheme to smuggle aliens from Mexico into the United States.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas and Special Agent in Charge Shane M. Folden of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) San Antonio made the announcement.

The unsealed indictment alleges that from March 2017 to August 2018, Moktar Hossain, 30, conspired to bring and brought 14 Bangladeshi nationals to the United States at the Texas border in exchange for a fee.  Hossain operated out of Monterrey, Mexico, where he maintained a hotel that housed aliens before they were transported to the U.S. border by drivers paid by Hossain.

Hossain was presented today before U.S. Magistrate Judge Dena Hanovice Palermo in the Southern District of Texas for his initial appearance.  At the hearing, Judge Palermo ordered that Hossain be held pending transfer to Laredo for further criminal proceedings.

“Protecting our country from illegal immigration and the national security threat it poses is a priority for the Department of Justice,” said Assistant Attorney General Benczkowski. “The Criminal Division is dedicated to working with our law enforcement partners both here and abroad to disrupt the flow of illegal aliens into the United States, and bring those who facilitate their travel to justice.”

“Homeland Security Investigations remains steadfast in vigorously pursuing members of transnational criminal networks that exploit and endanger the people they smuggle into the United States,” said HSI Special Agent in Charge Folden.  “Smugglers are driven by simple greed with no thought for human compassion.  HSI continues to work with our law enforcement partners to maintain the integrity of our border and the safety of our communities.”

This case is being investigated by HSI Laredo, with assistance from HSI Monterrey, HSI Houston, HSI Calexico, U.S. Customs and Border Protection, U.S. Border Patrol and the U.S. Marshals Service.  The investigation is being conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI.  The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns.  ECT has dedicated investigative, intelligence and prosecutorial resources.  ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.

This case is being prosecuted by Trial Attorneys James Hepburn and Erin Cox of the Criminal Division’s Human Rights and Special Prosecutions Section with assistance from the U.S. Attorney’s Office for the Southern District of Texas.

The charges contained in the indictment are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.


Yes, there is discrimination involved, but NOT on the basis of national origin.

Actually, I had warned Kotchen (he and I have served on a couple of panels together) that I’ve long believed that discrimination on the basis of national origin is the wrong grounds for a lawsuit, going way back to the Guy Santiglia case in 2002. Yes, there is discrimination involved, but NOT on the basis of national origin. Instead, it’s discrimination on the basis of immigration status (US citizens and green card holders vs. work visas)  He found my comment interesting but has proceeded anyway.

The H-1B-critic activists, notably including the immigration reform organizations, have viewed the Infosyses as the low-hanging fruit, the most obvious abusers. Now with this verdict endorsing TCS’ hiring practices, a JURY verdict mind you, the activists have shot themselves in the foot.


and more specifically the IT industry, uses to circumvent the 85,000 H-1B visa cap and to deny jobs to or displace U.S. tech workers.

Optional Practical Training (OPT), a temporary employment program for foreign undergraduate and grad students on F-1 visas, is the vehicle that corporate America, and more specifically the IT industry, uses to circumvent the 85,000 H-1B visa cap and to deny jobs to or displace U.S. tech workers. Its usage has reached an all-time high.

Recently, the Institute of International Education, an organization that, according to its website, believes education transcends borders, reported that during the 2017-2018 academic year, OPT permits hit a record 203,462. Read another way, 203,462 U.S. workers have either lost their jobs, as employers like Disney, McDonald’s, New York Life, Google, Amazon, infinitum, either replace American workers or don’t even provide them the opportunity to apply for open positions.

As a final indignity, qualified but displaced Americans are routinely forced to train their overseas replacements or lose their severance packages. Consequently, for decades now, those on H-1B visas and OPT participants have helped transform Silicon Valley’s tech workforce so that today only 29 percent are U.S. citizens. Remember that “practical training” means holding a job.


Faiz Ahmed, M.D., 66, of Houston, was sentenced by U.S. District Judge Gray H. Miller of the Southern District of Texas.

Department of Justice
Office of Public Affairs

Thursday, November 29, 2018

South Texas Doctor Sentenced to Five Years in Prison for Role in a Fraudulent Medical Clinic

A Houston, Texas doctor was sentenced to 60 months in prison followed by three years of supervised release today for his role in a fraudulent medical clinic that ran costly, unnecessary diagnostic tests.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, Special Agent in Charge C.J. Porter of the Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Dallas Regional Office and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.

Faiz Ahmed, M.D., 66, of Houston, was sentenced by U.S. District Judge Gray H. Miller of the Southern District of Texas.  Judge Miller also ordered the defendant to pay $4,192,156 in restitution.  Ahmed was found guilty following a six-day trial in 2017 of one count of conspiracy to commit healthcare fraud and seven counts of healthcare fraud.

Ahmed and eight co-defendants engaged in a conspiracy to falsely bill Medicare and Medicaid for medically unnecessary diagnostic tests.  According to evidence admitted at trial, Ahmed agreed to approve the unnecessary testing and allowed his physician number to be used  to fraudulently bill the Medicare program.  As a result of the overall conspiracy, Medicare and Medicaid were billed approximately $13 million and paid out approximately $9 million in false claims.

Eight others have pleaded guilty for their respective roles including Mkrtich Yepremian, 61; Bompa Mbokoso Mompiere, 59; Michael Wayne Wilson, 49; Jermaine Doleman, 41; Harding Dudley Ross, 64; Eric Johnson, 64; Ann Marie Rocha, 51; and Eddie Wayne Taylor, 59, all of Houston. These defendants have all been sentenced.

This case was investigated by the FBI, HHS-OIG and the Texas Attorney General’s Medicaid Fraud Control Unit.  Trial Attorney Jason Knutson of the Criminal Division’s Fraud Section and Special Assistant U.S. Attorney Suzanne Bradley formerly of the Southern District of Texas prosecuted the case.

The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than 14 billion.


Employees were terminated because they were unwilling to move to cities in the U.S. where TCS needed more engineers, the company said.

A jury sided with information-technology outsourcing giant Tata Consultancy Services Ltd. Wednesday in an employment discrimination lawsuit.

The lawsuit, launched in 2015, alleged that the Mumbai-based conglomerate discriminated against non-South Asian employees. Workers who brought the class-action lawsuit alleged that non-South Asian workers were 13 times more likely to be fired by the company.

The nine-member jury in federal court in Oakland unanimously ruled that the company  “did not have a ‘pattern or practice’ of intentionally discriminating against non-South Asian workers due to their race or national origin,” according to Law360.

Daniel Kotchen, the plaintiff’s lead lawyer, could not immediately be reached for comment. Earlier this month, he told jurors that, “Locals are being fired at a strikingly higher rate,” according to a report from Bloomberg.


We urge Congress to keep country caps in order to preserve the integrity of our immigration system and our national policy of diversity therein.

We oppose HR392/S281 the “Fairness for High Skilled Immigrants Act” (hereinafter referred to as “this bill”). It is neither fair, nor is it for the high-skilled, nor is it only for employment-based green cards. This bill completely eliminatescountry caps for all employment-based green cards and more than doublesfamily-based green cards, essentially allowing India, & to a lesser extent, China, to co-op America’s green card system.

This bill is the most radical change to our immigration system in history. It is a sweeping policy change buried in the House DHS appropriations bill (HR6776),which is against house rules. The process through which the activities of government are chosen should be distinct from the process through which those activities are funded.

Moreover, this bill has not had any hearing or impact study assessing the effects on American workers, American businesses, non-Indian immigration, or our immigration system.

This bill seeks the complete removal of the 7% country caps on employment-based green card distribution, put in place to ensure diversity in immigration. In practice, however, India has been receiving roughly 18% of the US allotment of green cards because they’ve recaptured unused green cards from countries that have not been able to secure H1B visas for their country’s workers.

A Texas Enterprise Fund (TEF) grant offer of $3,075,000 has been extended to Infosys

Why would we do this to a company that hates Americans and Texans and our traditions?

Infosys will receive a more than $3 million grant from the Texas Enterprise Fund as part of the IT company’s expansion in the state.

The Bengaluru-headquartered IT services company had said it would create 500 jobs in Richardson, Texas. Texas Governor Greg Abbott said Infosys’ expansion in Texas would bring a $12.3 million capital investment in the region.

To see what I mean, read the following and say Merry Christmas Infosys.

Infosys management routinely disparaged Americans, including Mrs. Awasthi, as not having “family values,” and stated that layoffs in America are good because the jobs will be outsourced.

Infosys management ridiculed Mrs. Awasthi for celebrating the American holiday of Thanksgiving, telling her that she should not celebrate Thanksgiving because she is Indian, and that therefore she must work on Thanksgiving Day.

Infosys management ridiculed Mrs. Awasthi’s children for celebrating Thanksgiving, and called them “ABCD” short for “American-Born Confused Desi,” and “IBCD” short for “Indian-Born Confused Desi,” insulting terms used to criticize people of Indian ancestry who are Americanized.

Infosys management ridiculed Mrs. Awasthi for celebrating Christmas, saying that “we” do not celebrate Christmas, and that she should not celebrate Christmas. Infosys management repeatedly discussed the quality of Mrs. Awasthi’s work by explicitly commenting on their expectations for “a woman your age.”

Think these things are no longer happening?

Here is a sample of a case that is now being processed against Tata

We estimated earlier this year that 240,000 aliens’ jobs were subsidized by this program, and it reduced payments to the Social Security and Medicare trust funds by $2 billion a year.

This specific flow of the $48 million goes to the employers of alumni of Northwestern Polytechnic University, of Fremont, Calif., which was in danger of losing accreditation until U.S. Secretary of Education Betsy DeVos made accreditation easier for marginal universities.

NPU, meanwhile, manages year after year to operate at an almost unbelievable profit ratio of 71 percent. For every $1 it received in tuition (there are no reported donations to the place) 71 cents goes into the university’s fast-expanding brokerage account. These remarkable financial returns are reported routinely to the IRS on NPU’s form 990, a sort of 1040 for nonprofits.

NPU is regarded, for some reason, by IRS as a charitable enterprise. It is run by an American Chinese family named Hsieh and most of its students (or maybe “students”) are from India. A few years ago it was accredited by a marginal accreditation agency, Accrediting Council for Independent Colleges and Schools (ACICS), in a stage-managed manner that drew a long, devastating article by BuzzFeed.

The headline for that story: “Inside the School that Abolished the F and Raked in Cash

None of these derogatory facts about the place has made any impact on NPU’s continuing ability to cause the admission of thousands of lightly qualified foreign students a year. Homeland Security’s ability to wear blinders on the visa mill issue persists year after year.

Despite the tiny percentage of tuition actually spent on education at NPU, it is the second largest producer of Optional Practical Training alumni in the entire nation, following only the massive New York University, according to new government statistics.

The top five schools, in terms of the alumni in these subsidized jobs are: NYU, 6,199; NPU, 6,060; University of Southern California, 5,844; Columbia University, 5,590; and Northeastern University, 4,359. The four other than NPU are very large institutions with extensive foreign and domestic student populations and are in the mainstream of American higher education.

I wrote above “the government has revealed how much …” That revelation is not to be regarded as a bit of transparency. The raw data – with no dollar figures attached – was pried out of some Homeland Security statistics on the Optional Practical Training program, which never mentions the subsidies, the rewards to employers for hiring foreign, rather than resident (citizen or green card), college grads.

We then applied the known OPT subsidy formula (no payroll taxes for either these alumni or their employers for one to three years) to an assumption of $50,000 a year salaries for the grads of NPU to come up with the $48,000,000. (The combined payroll taxes for employers and workers amounts to about 15.90 percent of payroll.)

So: 6,060 x $50,000 x 15.9% = $48,177,000 a year, for NPU grads alone.

The DHS agency in charge, the sleepy Student and Exchange Visitor Program (SEVP), describes the population as “Students with OPT Authorization”, although nearly all of them are alumni, not students.