3 DocumeE??i??mg??liB Pagel of7 i. - - may UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFO - SAN JOSE DIVISION THE UNITED STATES OF AMERICA RICHARD W. VS CLERK. U.S. Saga! NORTHERN CALIFORNIA EATWARDHAN sAmosa INDICTMENT 18 U.S.C. 1546(a) Visa Fraud 9&6 Forepersaz - HAH Luw Counts One-Nineteen: A true bill. Filed in open court this 2 713 day 0 WIVZCK AD. 201}; Unit 2d States We Judge - Bail; 3 'Documentl ill RECEWEB MELINDA HAAG (CABN Fi?; I. United States Attorney a :5 .a . H..- a I MAR 2' RICHARD W. WIEKING: CLERK, us. DISTRICT coum? NORTHERN DISTRICT OF - SAN JOSE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA am Plaintiff, VIOLATIONS: . 18 U.S.C. 1546(a) Visa Fraud v. . SAN JOSE VENUE BALARKISHAN PATWARDHAN, . Defendant. IN I The Grand Jury charges: COUNTS ONE THROUGH NINETEEN: (18 1546(a) Visa Fraud) On the dates set forth below, in the Northern District of California and elsewhere, the defendant, BALARKISHAN PATWARDHAN, did knowingly make under oath, and subscribe as true under penalty of perjury under 28 U.S.C. 1746, false statements with respect to material facts in an application, an affidavit, and a document required by the immigrationlayvs and regulations prescribed thereunder, namely, in I- 129 petitions, and supporting documentation for applicants attached to those petitions, that is, the defendant falsely represented that the below-listed nonfimmigrant worker applicants had Documentl Filed03/27'I13 Page3 of? job offers with an American employer consistent with the following corresponding job titles and wage amounts, when the defendant then and there knew that these representations were falseViolation of Title 18, United States Code, Section 1546(a): 1?129 Petition for Nonimmigrant Job Title ?Systems Analyst? 1 7/31/08 Worker; Consulting Full- Time Position Agreement; Wages ?$65,000 per year? Consultant Work Order for 1?129 Petition for Job Title ?Software Engineer? 2 5/19/09 ngge?i?eggnsu tam Full-Time Position Consultant aWork Wages ?$75,000 Per Year? Order for 1?129 Petition for Nonirnmigrant Worker; Job Title ?Systems Analyst? 3 7/7/09 Consultant Agreement; Full-Time Po?sition Consultant Work Order Wages ?$60,000 per year? for . t't' . 4 Nonimliilgg?t ?zorker; Job Title ?Systems Analyst? 7/7/09 Consultant Agreement; Full-T1136 POSYHOH ,3 Consultant Work Order wages $50900 Per-year for 1-129 Petition for ,3 7/22/09 Nonirnmigrant Worker; Systems AnalYSt 5 . Consultant Agreement; POSItlon Consultant Work Order Wages $50,000 I33r year for . 1-129 Petition for Nonimmigrant Job Title ?Systems Analyst? 6 10/13/09 Worker; Consulting Full-Time Position Agreement; Wages ?60,000 per year? Consultant Work Order for Documentl Filed03/27/13 Page4 of7 1-12? Petition for Job Title ?Systems Analyst? Worker; Consultant Full-Time Position - 7 10/15/09 Agreement; Consultant wages ?[1eft blank] Work Order for 1-129 Petition for cc :3 8 . Worker; Consultant Systems Analyst 11/2/09 Agreement; Wa es ?60 000 or ear? Consultant Work ?5 Order for I-129 Petition for I Nonimmigrant Job Title ?Computer Programmer? 9 Worker; Consultant Full-Time Position 12/ 21/ 09 Agreement; Wages ?$62,000 per year? Consultant Work Order for 1-129 Petition for NOHiMigrant cc I a: . ob Title Computer Systems Analyst 10 2/16/10 X?g??eg?nwhm Full-Time Position . Consul tam ?Work Wages $60,000 per year Order for?C.G.? 1-129 Petition for Nonimmigrant Job Title ?Com :9 puter Systems Analyst 1 1 3/12/10 Xgigii?eggnsultam Full-Time Position Consultant ,Work wages $62?000 per yea? Order for 1-129 Petition for Nonimmigrant Job Title ?Computer Systems Analyst? 12 - Worker; Consultant Full-Time Position 3/13/10 Work Order for Wages ?$53,000 per year? - 1-129 Petition for Nonimmigrant . a a: 8/26/10 Worker; Consultant Job Title Computer Systems Analyst 13 Agreement; Full-Time Pos1t10n Consultant Work 6: as Order for Wages $62,000 per year Documentl Filed03/27/13 Page5 of7 1-129 Petition for I Nonimmigrant Job Title ?Computer Systems Analyst? 14 10/4/10 Worker; Consultant Full-Time Position Agreement; Wages ?$90,000 per year? Consultant Work Order for 1-129 Petition for Job Title ?Computer Systems Analyst? I Full-Time Position 15 11/1/10 Agreem?ent; IWages ?$70,000 per year? Consultant Work Order for 1-129 Petition for Job Title ?Computer Systems Analyst? EIVOni?nmEgram 1 Full-Time Position or er; onsu tant 16 1/26/11 Agreement; Wages $53,000 per year Consultant Work Order for - An 1 t? L1 29 Petition for Job Tltle Computer ems a ys Nonimmigmm Full-Time Posmon - Wa es ?$73,000 er ear? 17 2/2/11 Worker, Consultant I Agreement; . Consultant Work Order for 1-129 P?tition. for Job Title ?Computer Systems Analyst? 18 2/22/11 - Full-Time Position or er; ons tant Agreement; Wages $55,000 per year Consultant Work Order for '22 '.23 24 25 26 27 28 Documentl Filed03/27113 Page6 of7 Petition for Nonimmigrant Worker; Consultant Agreement; Consultant Work Order for 19 5/4/11 Job Title ?Computer Systems Analyst? Full-Time Position Wages ?$90,000 per year? All in violation of Title 18, United States Code, Section 1546(a). DATED: 7 MELINDA HAAG United States Attorney (Approved as to form: I - A JEFF NEDROW A TRUE BILL. Caz/?4 FOREPERSON Ao 257(Bevens) - - .- .. DEFENDANT INFORMATION RELATIVE TO A CRIMINAL - IN U.SW COURT By; COMPLAINT El INFORMATION 1NDICTMENT Name of District Court, andior Judgemiagistrate Location mun} NORTHERN DISTRICT OF CALIFORNIA - El SUPERSEDING i OFFENSE CHARGED at 18 U.S.C. Section 1546--Visa Fraud FEND . el Minor . Misde_ BALARKISHAN PATWARDHAN meanor . Felony PENALTY: For each count: Maximum Ten Years Imprisonment P, r- .- Maximum $250,000 Fine 5 Maximum 3 Years Supervised Release $100 Mandatory Specral Assessment Fee I ,z We??g??fu? . -.. I PROCEEDING Has not been arrested itiid?sgfioutceme this proceeding i S??'a'mant Agency' 9r Person (S?T'lle' If an? I 1) if not detained give dale any prior summon was served on above charges person is awaiting trial in another Federal or State 2) Is a Fugitive court 9W9 name Of court 3) Is on Bail or Release from (show District) Northern District Of California (from original indictment) this personiproceedmg Is transferred from another I district er circle one 20. 21 or 40. Show I Dismal) - Is IN CUSTODY 4) On this charge this is a reprosecution of 5) on another conviction I Charges PFeViously dismissed awaiting Trial on OIner Fed'l - State which were dismissed on SHOW 6) pharan mOtion 0f: - DOCKET If answer to (6) is "Yes". show name Of institution El] U.S. Att'y Defense this prosecution relates to a pending case involving this same I .. .. defendant MAGISTRATE Has detalger Yes prior proceedings Or appearance(s) CASE No. been ?led- No ?led I before U.S. Magistrate regarding this defendant were recorded under ATE 0F MOch/Dai??eal? ARREST Name and Of?ce of Person . . Furnishing Infoma?on on If Agency Warrant were not THIS FORM a ?ag - Monthinayrvear El Otheru A enc DATE TRANSFERRED I - - 9 TO u.s. CUSTODY Name of Asst. US. Att'y (if assigned) JOSEPH FAZIOLI 5 This report amends A0 25? previously submitted - - ADDITIONAL INFORMATION OR COMMENTS I PROCESS: SUMMONS NO WARRANT Ban Amount: N0 bail if Summons, complete following: El Arraignment Initial Appearance *Where defendant previously apprehended on complaint, no new summons or warrant needed, since Magistrate has scheduled arraignment Defendant Address: - Date/Time: Before Judge: Comments: