IN THE UNITEB STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH 

 

UNITED STATES OF AMERICA SUPERSEEING
V.

CRAIG EERY, JR. 

KENNETH W. WHITE l:l4CR39~5

The Grand Jury charges:
COUNT ONE
CONSPIRACY TO DEFRAUD THE UNITED STAKES
CRAEG STANFORD EURY, JR.

1. At all times material to this Endictment,
International Labor Management Corporation was a
corporation organized under the lawe of thel State of North
Carolina with ite heedquertere and plaoe of tmeiness in Vase,
Moore County, North Carolina, in the Middle Eietrict of North
Carolina. At all times material herein, ELMC was in the
businees of preparing and. submitting petitions on. behalf of
client companies to the United States government for temporary
alien workere under the agricultural Visa program and the
non?agricultural Vise program.

2. At all times material- to thie indictment,
CRAIG STANFORD EURY, JR., was a reeidemt of Moore County, North

Carolina, in the Middle District of North Carolina.

Case Document 88 Filed 05/27/15 Pace 1 of 70

3. At all times material to this Indictment,
CRAIG STANFORD BURY, 32., held the primary ownership interest in
ILMC. CRAIG STANFORD BURY, founded ILMC in 1994. Prior to
April 2008, CRAIG BURY, JR., was the President of ILMC.

4. At all times material to" this Indictment,
CRAIG STANFORD EURY, JR., exeroieed control over the management
and finances of ILMC. During the times' material to this
Indictment, CRAIG STANFORD EURY, JR., directed funds in excees
of $1,000,000.00 to be withdrawn from the bank account of ILMC
for his personal nee and benefit.

5. At all times material to this Indictment, an
individual whose initiale are S.E.F. was a reeident of Moore
County, North Carolina, in the Middle Dietrict of North
Carolina.

6. From April 2008 to approximately January 2015, S.E.F.
was the Preeident of ILMC. In this role, S.E.F. maintained her
office and place of bueinese at the offices of ILMC in Vaes,
Moore County, North cexolina, in the Middle Dietrich of North
Carolina. 0rior to April 2008, S.E.F. was the Vice President of
Operatione of ILMC, and. ?worked 'under the direction. of
CRAIG STANFORD EURY, JR.

7. From April 2008 to approximately January 2015, S.E.F.,
as Preeident of ILMC, was responsible for the daily operations

of ILMC, which included contact with KLMC client companies,

Case Document 88 Filed 05/27/15 Pace 2 of 70

supervision and training o? employees in the preparatioh of
Haze Visa Petitions and preparation of Viea 9etitione.

8. At all timee material to this Indictment, the waited
States Department of Labor was an agency within the executive
branch of the government of the United States with the duty of
enforcing the labor laws of the United Statee! including wage
and.ihour- laws and lawe regarding' the employment. of temporary
alien workers within the United Statee.

9. At all times material to Ithie Indictme?t, United
Statee Citizenship and Emmegration Servioee as part
of the Department of Homeland Security, wae an agency within the
executive branch of the government of the United States with the
duty of enforcing and admihietering the immigration and
citizenship ?programe of the United States, includihg the
approval of Visa petitions.

10. At all times material to this Indictment, the United
States Department of State was an agency within the executive
branch of the government of the United Statee with the duty of
regulating the issuance cf gmeeporte and visas for entry into
the United States, including the issuance of H-BB Visas for the
entry of alien temporary workers into the United States.

THE H-ZA AND VISA PROCESSES
11. The nonnagricultural worker program is

administered by the United States Department of Labor and USCIS.

3

Case Document 88 Filed 05/27/15 Pace 3 of 70

The program allows United States employers to fill specific
temporary non?agricultural jobs. For an employer to qualify ?or
nonuimmigrant olaseification, thereby allowing foreign
nationals to work for that employer, the employer is required to
establish that:

a. the need for the alien workers? services or labor
is temporary, regardless of whether the underlying jobs can be
described as permanent an: temporary. The employer?s need is
considered temporary if it is a onemtime need, a seasonal need,
a peak load need, or an intermittent need;

b. there is not a sufficient number of United States
citizen workers who are ableI willing, ox qualified and
available to do the temporary york; and

o. the employment of alien workers will not
adversely affect the wages and working conditions of similarly
employed United States citizen workere.

12. The HMZB ?Visa. progranl carries a statutory' numerical
limit, or ?cap,? which provides that no more than 66,000 aliens
may be issued Visa classifications during any fiscal year.

13. Before xequesting H428 classification from CECIS, an
employer seeking workere must first submit an Application
for Foreign Temporary Labor Certification, known as a ?orm 
750 (prior to January 2009), or ee a Form (after

January 2009), to the Department oi Labor. JThe completed 

Case Document 88 Filed 05/27/15 Pace 4 of 70

750 or must describe the number of jobs to be filled
and the specific nature, dates, and locations of the jobs that
the workers will perform in the United States. The employer
must demonstrate in the or ETA-9142 that it has
conducted recruitment efforts in the geographical area of
propoeed employment and has not found United States citizen
workers willing to perform the work set forth and described in
the or ETA-9142 at the prevailing wage, or higher, for
that area for the skill level of the job offered. After review
of the or E?er9142, the Department of labor a
Final Determination Letter indicating whether an employer?s
application. has been approved. or' denied. It approved, this
certification may not be transferred to another employer.

14. Both 'the and. the require that the
employer certify under penalty of perjury that the information
provided is true and accurate. The Department of Labor relies
on the factual accuracy of the ETAWSO and in making
the determination whether the application is approved or denied.
In this regard, the Department of Labor relies on the signature
of the employer certifying that the ETAW750 or ie true
and accurate. The Department of Labor will not review or
approve an. or that is not certified. by' the

employer under penalty of perjury.

Case Document 88 Filed 05/27/15 Pace 5 of 70

15. After the Department of Labor has a Final
Determination Letter certifying an employer for use of 
workers for specified jobe and job locations, the employer must
Submit a. Form 14.29, ?Petition for Nonimmigrant Worker,? with
USCIS to obtain approval for issuance of Vises. .As with
the and ETAwalez, the Form requires the employer
to describe the number of jobs to be filled, the number of 
Visae requested for alien temporary workers, and the specific
nature and locations of the jobs that the workers will
perform in the United Statee. The employer must attach the
certified or to the petition.

16. The Form Im129 requires that the employer certify
under penalty of perjury that the information provided is true
and accurate. USCIS relies on the factual accuracy of the Form
1-129 in making the determination of whether the application is
approved or denied. In thie regard, USCIS relies on the
Signature of the employer certifying that the Form l~129 is true
and accurate. USCIS will not review or approve 61 Form 
that is not certified by the employer under penalty of perjury.

17. Upon USCES approval of a Form Im129, USCES issues an
approval notice informing the employer that ite petition. has
been. approved. and. the 'Visee may- be applied for at the

United States Coneulete.

Case Document 88 Filed 05/27/15 Pace 6 of 70

18. The actual 'Viee is issued. to ea alien. worker
after approval by the Department of State at the United Stetee
Consulate just prior to entering the United Stetee. The Hw28
Viee heare the following information:

la. _The name and picture of the alien worker;

b. The petition number under which USCIS
approved of the 3?23 Vise; and

o. The name of the employer for which USCES approved
of the Visa and for whom the client worker is
authorized to enter the United States and work at the location
and dates set forth in the term approved by USCIS.

l9. workers who are already in the United States may
change employers only if the new employer files a new Form 1?129
for each worker with The workers may not begin work
with new employers until new Forms are approved by USCES
authorizing the client workers to change employers.

20. An employer who employs workers must notify USCIS
if the employment for any H-QB worker ends more than thirty days
before the end of the approved employment term.

21. The agricultural worker prognmn ie administered
by the United States Department of Labor and USCIS. The 
program is Similar to the program for non~egriculturel
temporary workers jra that ii: allows employers ix: obtain alien

workers for epeoific temporary agricultural jobe. The

Case Document 88 Filed 05/27/15 Pace 7 of 70

application for the program is generally similar to
that of the program except that there is In} Cap on 
Vieae.

22. The H-ZA program also requiree that the employer
submit a Form to USCIS. Again, the Form 1~129 for 
Visas requiree that the employer certify under penalty of
perjury that the information provided is true and accurate.
USCIS reliee on the factual accuracy of a Form in making
the determination of whether an application is approved or
denied in the same manner ae an application.

OBJECTS OF THE 

23. From the period beginning in or about December 2006,
and. continuing' through. on. or' about ,epril l, 2013, the exact
datee to the Grand Jurore unknown, in the County of Moore, in
the Middle District of North Caroline, and eleewhere, CRAIG
STANFORD BURY, JR., and S.E.F., and divers other persons, both
known and unknown to the Grand Jurors, knowingly and unlawfully
combined, conspired and agreed together and with other persons:

OBJECT ONE:

a. To defraud the United States of America
concerning one or twee (Hf ite lawful government functions and
rights, that is: I

i. . To defraud the United States by impairing,

obetruotieg' and <defeating' the lawful governmental function. of

Case Document 88 Filed 05/27/15 Pace 8 of 70

the Department of Labor to administer, regulate and enforce the
regulations and laws relating to the implementation of the 
and non~immigrant Visa programs;

ii. To defraud t?na United States in? impairing,
obstructing and defeating the lawful governmental functions of
USCIS to adminieter, regulate and enforce violations,
regulations and lawe relating to the hiring, employment and
presence of aliens in the United States; I

To defraud the {mited States by jegmiring,
obstruoting' and <defeeting the lawful governmental function. of
the Department of Labor to ensure that American workers are not
harmed by the entry of alien workere into the job market in the
United Stetee both in protecting the availability of jobs for
United States Citizen workere and in ensuring the provision of
fair wages for American workers; and I

iv. To :defraud the 'United. States _by impairing,
obstructing' and. de?eating the lawful. governmental function :of
the Department of State to monitor and regulate the issuance of
Visas at United States Consulates;

All in violation of Title 18, United States Code, Section
371.
OBJECT TWO:
b. For the purpose of commercial advantage and

private financial gain, to encourage and induce aliens to come,

Case Document 88 Filed 05/27/15 Pace 9 of 70

enter and reside in the United States, in knowing and in

disregard of the fact that such coming to, entry and

residence in the united States was in violation of federal law,

to wit: Title 8, United Statee Code, Section l324(a)(1)(A)(iv);
OBJECT THREE:

c. To use false and fraudulent 'meane and to
otherwise obtain, use and attempt to use HMZB Vieae for entry
into the United States by fraud, in 'violation of Title 18,
United States Code, Section 1546(a); and

OBJECT FOUR:

d. To knowingly engage or attempt to engage in
monetary transactions by or through a financial institution
affecting interstate or foreign commerce in criminally derived
property of a value greater than $10,000.00, being the proceeds
of a Specified illegal activity, that is, viea fraud, in
violation of Title 18, United States Code, Section $546{a), and
inducing aliens to enter or reside in the United States in
knowing or disregard that euoh entry or residence was
in violation of federal law, in violation of Title 8, United
Statee Code, Section 

All in violation of Title 18, United States Code, Sections

1956(h) and 1957.

10

Case Document 88 Filed 05/27/15 Pace 10 of 70

I MANNERS AND MEANS THE CONSPIRACY

24. At all times during the conspiracy, it was a part of
the conepiracy' that CRAIG- STANFORD EURY. JR., and. S.E.F. did
direct and control the operations of ILMC. Thie direction
included instructing ILMC employees on the and HEZB visa
application process and the preparation of Department of Labor
and USCIS forms and petitions.

25. It was a further part of the conspiracy that CRAIG
STANFORD EURY, JR., directly' profited. from the operatione of
ILMC. From sol or about November 2009, continuing 1K) to and
including (n1 or' about. October 15, 2012, CRAEG- STANFORD 
JR.. directed that ILMC disburse approximately $1,120,000.00 to
him for hie personal use and benefit.

'26. It was a further part of the conspiracy that CRAIG
STANFORD BURY, JR., and S.E.F., through ELMO, falsely petitioned
for and obtained extra Visas above and beyond the actual
needs of their client employers for the purpose of creating
poole of extra 'Vieae. CRAIG- STANFORD EURY, JR., and. S.E.F.
falsely obtained and used such falsely obtained extra Visas
for the financial benefit of ILMC, CRAIG STANFORD EURY, JR., and
S.E.F. This fraudulent practice allowed ILMC to obtain ?extra?
Vieae prior to the cap being reached! thereby denying such

Vieae to other employers or competing agents.

3.3.

Case Document 88 Filed 05/27/15 Pace 11 of 70

27. It ?wae 51 further* part. of the conspiracy? that CRAIG
STANFORD BURY, JR., and S.E.F., through ILMC, faleely and
fraudulently represented to the Department of Labor and USCIS
that their client employers had jobs for workers in greater
humbere than actually needed by the client employers.

28. It was a further part of the conspiracy that CRAIG
STANFORD EURY, JR., and S.E.F., through ILMC, falsely and
fraudulently instructed clients that they needed to petition for
Vieae above and beyond their actual needs to ensure that
they would be approved for the excess Vieae, which CRAEG
STANFORD EURY, JR., and S.E.F., through- would then
fraudulently use to enter alien workers into the united States
for other client employers or otherwise nee to benefit
themselves.

29. It was a further part of the conepiracy that CRAIG
STANFORD EURY, JR., and S.E.F. caused. ILMC to charge client
employere based on ranges of numbers of Vises sought rather
than actual numbers sought (for example, billing one charge for
petitions for between one and ten Visas rather than billing for
seven individual Visas), thereby encouraging client employers to
seek more Visas than necessary and to petition for numbers
of Visae in excess of their actual needs.

30. it was a further part of the conspiracy that 

through ILMC, instructed client employere to represent to the

12

Case Document 88 Filed 05/27/15 Pace 12 of 70

Department of Labor and USCIS that jobs for workers began
at times different from those times that the workers would
actuallor be neededq thereby? allowing? ILMC to seek ?Visas
prior to the cap being reached and denying Visas to
employers setting forth accurate start dates in their Visa
petitions.

31. it 'was it furthez' part of the conspiracy' that CRAIG
STANFORD BURY, JR., and S.E.F. agreed with an ILMC client whose
initials are S.P. that the client would create ?winter
companies? that could obtain Visas under the pretense that
workers were needed tor winter seasonal jobs, such as
soowmakers. These ?winter oompanieex? however, were actually
created for the purpose of obtaining Vieas prior to the cap
being zeached and thereby facilitating the admisebmu of alien
workers into -the United States to work in other spring and
summer jobs.

32. It was a further part of the conspiracy that S.E.F.
falsely instructed at least one client employer that it could
obtain alien workers by falsely claiming that such workers were
needed tor agricultural work, thereby obtaining Visas to
avoid the Haze cap. S.E.F. further inetructed this client
employer that the client employer could then employ those 

workers in positions.

13

Case Document 88 Filed 05/27/15 Paoe 13 of 70

33. It was a immther part of the conepiraoy that S.E.F.
directed ILMC employees to prepare false petitions for 
workers, knowing that the need of the client employers for 
Vises was merely a ruse and pretense to obtain entry for alien
workers into the United States in order to take employment
poeitione.

34. It wee a further part of the conspiracy that S.E.F.,
through ILMC, prepared. and to be prepared faiee and
fraudulent Forme purporting to ?change? employers for
alien workere admitted into the United States under Vieae,
although those alien workere had in feet never worked in HMEA
positions; as S.E.F. then well knew, and had been admitted to
the United States for employers under the felee pretense
that the alien workers were needed for jobs.

35. It ?wae a :further- part of the oonepiraoy? that CRAIG
STANFORD EURY, JR., and S.E.F., through ELMO, did prepare and
file Forms with false and mieleading job descriptions for
the.purpoee of inducing USCIS to approve 3?28 Viee petitions.

36. it was 51 further? part. of the conspiracy? that CRAIG
STANFORD BURY, JR., and S.E.F., through ILMC, used extra Vieae
obtained over and above the needs of employers by? providing
Vieae to other client employers who were not able to obtain 

Vises due to the operation of the cap.

14

Case Document 88 Filed 05/27/15 Pace 14 of 70

37. It: wee a further' part. of the cohepirecy? that CRAIG
STANFORD EURY, JR., and S.E.F., through ILMC, did instruct alien
workers to cross into the United States under the pretense that
said workers would be working for client employers under whose
names the ?extra? Visas had been obtained, when, in fact,
as CRAIG- STANFORD EURY, JR., and S.E.F. then. well, the
alien workers would be working with different client employers,
all in reckless dieregerd that those alien. workers would. be
working in violation of their H~23Vieae and in violation of
law.

38. It. was a further" part. of the conspiracy that CRAIG
STANFORD BURY, JR., and S.E.F., through ILMC and ite employees,
did falsely and fraudulently inform client employers that it was
legal for alien workers to be admitted into the United States as
working for the client employers under whose hemee_the extra Hm
EB Vises had been obtained if the alien workers worked for a
token period of two weeks for eeid client employers.

39. Kt. was a further jpart of the conepireoy? that CRAIG
STANFORD EURY, JR., and S.E.F. encouraged the practice described
in Paragraphs 37 through 38 above for the purpose of creating
records that alien workers had worked at the 'original
petitioning client employers, thereby misleading the Department
of Labor and USCIS that the alien workers had been admitted into

the United States to work at their documented employment

15

Case Document 88 Filed 05/27/15 Paoe 15 of 70

locations, when CRAIG STANFORD BURY, S.E.F. intended at
all times to have those alien workers admitted to the United
States for other employers who were legally barred from
obtaining Visas by operation of the cap.

so. It was a further part of the conspiracy that S.-E.F.
and ILMC employees acting at her direction, for the purpose of
misleading the Department of Labor and USCIS, did instruct and
encourage client employers to create false and fraudulent
payroll records reflecting that alien workers had actually
worked, with employers under whose names Visas had, been
obtained and pursuant to which those alien workers were admitted
into the United States.

41. it was a further part of the conspiracy that SEE.
and ILMC employees acting at her direction. did instruct and
encourage client employers receiving alien workers who were
admitted into the United States under Visas of other
employers to reimburse the employers under whose names the
workers had been admitted to the United States for the costs of
employing alien workers for two weeks.

42. It was? a further? part of the conspiracy that CRAIG
STANFORD EURY, JR., and S.E.F., through ILMC and its employees,
did. file false and. fraudulent Forms 1?129 seeking changes of
employers for workers fraudulently admitted to the United

States under the 5-23 Visas of other employers, thereby falsely

16

Case Document 88 Filed 05/27/15 Pace 16 of 70

representing that the werkers were changing employere, when, in
fact, as CRAEG STANFORD EURY, 331., and S.E.F. then well knew,
the alien workers had not worked for the original employers or
had only worked for those employere for token periode to mislead
USCIS and the repartment of Labor. CRAIG STANFORD EURY, JR.,
S.E.F., and ILMC employees acting at their direction filed 
falee and fraudulent petitions as a pretense to Inielead the
Department of Labor and USCIS and to conceal the fact that the
workere had been admitted into the United Statee under the
original employers? Visas in violation of law. CRAIG
STANFORD EURY, S.E.F., and ILMC employees acting at their
direction then charged the new employers for filing the ?change?
petitioner thereby allowing ILMC to profit twice by filing
additional petitions for the same alien workers.

43. It. was a. further ?part of the conspiracy that CRAIG
STANFORD EURY, and S.E.F., through ELMO, required that
client employere provide CRAIG STANFORD BURY, or S.E.F.
with permiseion to Sign their officers? names to various
dooumente'required to be tiled in the and 3?28 application
process, including Department of Labor documents and Forms 1?
129. CRAIG STANFORD BURY, JR., and S.E.F. did not inform client
employere that CRAIG STANFORD EURY, JR., S.E.F., or an ILMC

employee operating at their direction would place false

Signatures of the officere of client employere onto

17

Case Document 88 Filed 05/27/15 Pace 17 of 70

certifications made under the penalty of perjury, thereby
falsely representing to the Department of Labor and USCIS that
the officere had reviewed the dooumente and certified that they
were accurate under penalty of perjury.

44. It rwae a further jpart. of the conspiracy? that CRAIG
STANFORD BURY, JR., and ILMC employees acting at their
direction placed the false signatures of the namee of officers
of client employers onto certifications made under the penalty
of perjury on Forms thereby falsely representing to the
Department of Labor and USCIS that the petitions had been
certified to be factually accurate by the petitioning employers,
when, in fact, ae CRAIG STANFORD EURY, JR., and S.E.F. then well
knew, those client employers had not reviewed the petitions and
the petitions often contained false and fraudulent
representations, including inflated numbers of needed,
false job start dates, incorrect job descriptions and inaccurate
rates of pay and benefits.

45. It 'was. a further' part of the Conspiracy" that 
STANFORD EERY, JR., S.E.F., and ELMO employees acting at their
direction placed false signatures of the officere of client
employers onto certifications on Forme made under the
penalty of perjury when the officers had not given permission to

sign the officers? namee.

18

Case Document 88 Filed 05/27/15 Pace 18 of 70

46. It ?wee further' part of the consyiraoy' that CRAIG
STANFORB JR., S.E.F., and ELMC employees acting at their
direction failed to provide client employers with copies of
Forms file& and gmepare? on their behalf by ELMC, even
when client employers requested copies of the Forms for
their records.

47. It wee furthex? part of the conspiracy' that CRAIG
STANFORD EURY, JR., S.E.F., and ILMC employees acting at their
direction instructed client employers how to conduct interviews
for United States citizen workers in such a manner as to
suppress the hiring of {rated States citizee workere, thereby
allowing IEMC to profit from filling positions with workere
while depriving United States citizen workere of the opportunity
to secure thoee positions.

48. It wee er further part of the conepireoy that S.E.F.
and ILMC instructed client companies to hire token United States
citizen workers to appear to be engaged in the good faith hiring
of United States citizen workers.

OVERT ACTS -

49. To the objeote of the conspiracy, CRAEG
STANFORD EURY, JR., S.E.F. and othere performed and caused to be
performed the following overt acte in Moore County, in the

Middle District of NorthCarolinag and elsewhere.

19

Case Document 88 Filed 05/27/15 Pace 19 of 70

50. On or about June 28, 2006, CRAIG STANFORD EURY, JR.,
filed, or caused the filing of by employees of ILMC, a Form
petition number for 110 on
behalf of Best Landscape, LLC, Beach, South Carolina,
such petition bearing the false signature and certification of
an officer of Beet Landscape, LLC, whose initials are W.T.

51. On. about January 15, 2007, CRAIG STANFORD BURY,
JR., filed, or the filieg of by employees of ELMO, a Form
petitioe number for eighty visas
on behalf of Landscape Maintenance, LLC, Savannah, Georgia, euch
petition. hearing the false signature and certification. of an
officer of Landscape Maintenance, LLC, whose initiele are W.T.

52. On. or about January 29, 2007, CRAIG STANFORD BURY,
JR., filed, or caused the filing by employees of ILMC, a Form 
129, petition. number for ten. ?Vieae on
behalf of Suhlend Fire Protection, Inc., High Point, North
Carolina, Such petition bearing the false eignature and
certification of an officer of Sunland Fire Protection, loo,
whose initials are R.S., and such petition falsely representing
that jobs existed for landscape workers, when in fact Sunland
Fire Protection, Inc., employed no landscape workere an? was
seeking employees to work ae pipewfitters at a lmgher rate of

pay than that represented on the Form 1?129.

20

Case Document 88 Filed 05/27/15 Pace 20 of 70

53. On. or about January? 29, 2007, CRAIG STANFORD EURY,
JR., also filed, or caueed the filing by employees of ZLMC, a
separate Form 1*129, petition number for ten
?Visas on. behalf of Sunland Fire Protection, Inc., High
Point, North Carolina, Such petition bearing the false signature
and certification. of an officer of Sunland Fire Protection,
ch., whoee initials are 2.8., and such petition falsely
representing that jobs existed for landscape workere, when in
fact Sealand _Fire Protection, Inc., employed no landscape
workers and was seeking employees to work as pipe??itters at a.
higher rate of pay than represented on the Form Iw129.

54. On or about April 1, 2008, 3.3.9. instructed an ILMC
client whoee initials are M.M. that he could avoid the operation
of the H?ge Visa cap and obtain workers for Miller's Restaurant,
Kill Devil Hills, North Carolina, by petitioning for 
agricultural Visas ?for restaurant workers under Ithe pretense
that they were needed for agricultural work at a hunting farm in
Fairfield, North Carolina, owned by Loumac, LLC. S.E.F. advieed
M.M. that the alien workers could then be transferred to H928
Visas onoe they had entered the United States under the pretense
that they were needed for farm work.

55. On or about April 2, 2008, S.E.F. filed, or caused the
filing of by of ILMC, a Form on behalf of

Loumao, LLC, Feirfield, North Carolina, falsely stating that ten

21

Case Document 88 Filed 05/27/15 Pace 21 of 70

jobe existed for alien workers at the Loumao, LLC, farm in
Fair?ield, North Carolina, when in fact the intent was to obtain
Vieae to allow workers to enter the United States, not for
agricultural work, but for work in a_restaurant.

56. On or about April 22, 2008, S.E.F. filed, or caused
the filing of by employees of ILMC, a Form petition
number for ten Visas on behalf of Loumao,
LLC, Fairfieldq JNorth. Carolinaq undet' the ialee jpretenee that
euoh H-2A Visas were needed for alien workers at the Loumao,
LLC, farm in Fairfield, North Carolina, when, in tact, the alien
workere were never intended to work at the farm.

57. On or about May 18, 2008, S.E.F., or an ELMC employee
acting at her direction, instructed M.M. that the alien workere
who entered the United States under the H-ZA Visas falsely
obtained through petition number did not have
to report to the Loumao, LLC, farm in Fairfield, North Carolina,
but could instead immediately begin work at Miller?e Restaurant,
Kill Devil Hills, North Carolina, in dieregard of their status
as agricultural workers.

58. On or about June 3, 2008, S.E.F. filed, or caused the
filing of by employees of ILMC, a Form I-129, petition number
on behalf of Miller?s Restaurant, Kill Devil
Hills, North Carolina, falsely stating that the alien workers

who entered the United States under Visas obtained under 

22

Case Document 88 Filed 05/27/15 Pace 22 of 70

129 petition were ?changing? employere to
Miller?s Restaurant, when, in fact, those alien workers had
never worked ee farm workers and had heed working out of visa
status at Miller?s Restaurant eince entering the United States
under the pretense that they were agricultural workers.

59. On or about April 28, 2068, S.E.F. directed that five
alien workers enter the United States using ?extra? Vieae
obtained. for? Carefree Service Company; Boone, North. Carolina,
under the pretense that they were intended to work for Carefree
Service Company, Boone, North Carolina, when, in fact, they were
intended to work for Southeaet Woodland Service, ch., in
Conway, South Carolina, which 3company was then barred by-
operetion of the cap from obtaining Vises. S.E.F. further
directed that the alien workers proceed to work for 
Woodland Services, Inc., atter working for a token two-week
period at Carefree Service Company to create the impression that
the workers had actually entered the ?nited States to work at
Carefree Service Company.

60. On or about July 10, 2008, S.E.F. filed, or caused the
filing of by employees of ILMC, a Form petition number
on behalf of Southeast Woodland Service, Inc.,
Conway, South Carolina, falsely stating that five alien workers
who entered the United States under ?extra? 8?23 Visas obtained

for Carefree Service Company were ?chenging? employere to

23

Case Document 88 Filed 05/27/15 Pace 23 of 70

Southeast Woodland Services, Inc., when, in fact, they had
entered the United States for the purpose of working for
Southeast Woodland Services, Inc.

61. On or about July 18, 2008, S.E.F. filed, or caueed the
filing 13{ employees of ELMO, a form I~i29 petitionq petition
for eighteen 3?28 Visas on behalf of Sunland
Fire Protection, Inc., High Point, North Carolina, Such petition
bearing the false signature and certification. of an officer
whose initials are R.S. and falsely representing that jobs
existed for landeoepe workers, when in fact Sunlend Fire
eroteotion, Inc., employed no landscape workers and was seeking
employees to work as pipe?fitters at a higher rate of pay than
on the le29 petition.

62. In or about June or July 2008, S.E.F. met with an ILMC
client whose initials are S.P. to discuss the creation of
?winter companies" to allow S.P. and ILMC to bring alien workers
into the United Statee prior to the operation of the cap. To
achieve this goal, S.P. created a ?winter? company,
Wintersoapes, LLC, in Boone, North Carolina.

63. In or about June or July 2008, S.P. contacted S.E.F.
to determine how many Visas he could request for
Wintersoapee, LLC, for the puroose <of entering alien. workere
into the United Stetee prior to the operation of the cap.

S.E.F. instructed S.P. that he could request as many workers as

24

Case Document 88 Filed 05/27/15 Pace 24 of 70

he wanted, as Winterecapee, LLC, was a startwup company. S.E.F.
did. not infoxaz S.P. that he could.ionly legally' petition for
alien workers that were actually needed for Specific positions
at Winterecapee, LLC, and which could not be filled with United
Statee citizen workers. Based on instructions, S.P.
requested that ELMO petition for 150 enowmakere despite the tact
that S.P. kneW' that jobs in ZNorth. Carolina only? existed for
approximately twenty~five snowmakere.

64. On or about July 8, 2008, 8.3.3. filed, or caused the
tiling of by employees of ILMC, a Form petition number
which petition falsely_ etated. that
Winterecapee, LLC, Boone, North Carolina, had jobs for 150 alien
workers as enowmakere, such petition bearing the false signature
and certification of an officer of Winterscapee, LLC, whoee
initials are S.P. S.E.F. knew at the time of the filing of the
above petition that the large majority of the ?enowmakers? would
be used to work at other jobe once they entered. the United
States under Vieae obtained for Wintereoapee, LLC.

65. On or about December 16, 2008, S.E.F. filed, or caused
the filing of by employees of ILMC, a Form 1?129, petition
number for ten Vieae on behalf of Arbor
Lawne, Inc., Orchard Park, New York, such petition bearing the
false signature and certification of an officer of Arbor Lawns,

Eno., whose initials are 6.3., and falsely claiming that Arbor

25

Case Document 88 Filed 05/27/15 Pace 25 of 70

Lawns, Inc., needed ten alien workers, when, in fact, the
company had need for only three alien workers.

66. On or about March 24, 2009, S.E.F., or an 
employee acting at her direction, directed that three alien
workers enter the United Statee using ?extra? Vieae obtained for
Arbor Lawns, Ino., Orchard Park, New York, without the knowledge
of such company, under the pretense that they were intended to
work for Arbor Lawne, Inc., in Orchard Park, New York, ae
landeeape workers, when, in fact, they were intended to work for
R.H. Loven Company, Pineola, North Carolina, as concrete plant
workere,_which company wae then barred by operation of the cap
from obtaining Visas. S.E.F., or an ILMC employee-acting
at her direction, further directed that the aiien workers
proceed directly to Pineola, North Carolina, without working for
Arbor Lawns, Inc., in Orchard Park, New York.

67. On or about March 24, 2009, S.E.F., or an ILMC
employee acting at her direction, directed that an alien enter
the United States using an ?extra? 'Viea obtained for .Arbor
Lawns, Inc., Orchard Park, New York, without the knowledge of
such company, under the pretenee that the alien worker was
intended to work for Arbor Lawne, Inc., Orchard Park, New York,
as a landscape worker, when, in fact, the alien. worker was
intended to work as a hotel worker for Harboreide Motel,

Ocracoke, North Carolina, which company wee then barred by

26

Case Document 88 Filed 05/27/15 Pace 26 of 70

operation of the cap from obtaining Visas; S.E.F., or an
ILMC employee acting at her direction, further directed that the
worker proceed directly to Harboreide Motel, Ooraooke, North
Carolina, without working for Arbor Lawns, Inc., Orchard Park,
New Yoxk.

68. On or about March 1, 2009, S.E.F. instructed an
officer of Silverwater Tradere, LLC, Ooracoke, North Carolina,
whose initiale.are KLS., that Silverwater Traders, LLC, could
an Visa obtained in its name to bring an alien worker
to the United States under the pretense that the alien worker
would work at Silverwater Traders, LLC, when the worker was
actually intended to work at Harborside Motel, Ooracoke, North
Carolina.

69. On or about March 1, 2009, S.E.F. instructed K.S, that
Harboreide Motel could reimburse Silverwater Traders, LLC, for
the expensee of bringing the alien worker into the United States
for the bene?it of Harboreide Motel.

70. On or about March 24, 2009, S.E.F., or an ILMC
emyloyee acting at her direction, directed that an alien enter
the United States ueing an ?extra? Visa obtained for Silverwater
Traders, LLC, Ooraooke, North Carolina, under the pretense that
the alien worker was intended to work for Silverwater Traders,
LLC, when, in fact, the alien worker was intended to work as a

hotel worker for Barboreide Motel, Ooraooke, North. Carolina,



Case Document 88 Filed 05/27/15 Paoe 27 of 70

which company was then barred by operation of the cap from
obtaining Visas. I S.E.F. further directed that the alien
worker proceed to work for Harborside Motel after working for a
token two~week period at Silverwater Tzadere, LLC, to oreate the
impression that the worker had actually entered the United
States to work at Silverwater Traders, LLC.

71. On or about Mafch 26, 2009, S.E.F. filed, or caused
the filing of by employeea of ELMO, a Form. I-129, petition
number on behalf of Beet Landscape, Inc.,
Beach, South Carolina, falsely stating that sixty?Six
alien. workexs 'who <entexed. the ?United. States undez' ?Visas
obtained for Winterecapee, LLC, Boone, North Carolina, under the
pretense that they would be working as enowmakere at North
Carolina ski resorts, were ?changing? employers to Best
Landscape, Ino., to work as lemdeoape woekere, when, in fact,
the alien workers had entered the United States for the purpose
of working for Best Landscape, Inc., and had either never worked
for Wintereoapee, LLC, as snowmakers in North Carolina or had
worked for Wintereoapes, LLC, for only a token period.

72. On cw: about April :r7, 2009, S.E.F. filed, cm: caused
the filing of by employees of ILMC, a Form petition
number on behalf of Harboreide Motel,
Ooraooke, North Carolina, faleely Stating that an alien worker

who entered the United States under an ?extra? anB Visa

28

Case Document 88 Filed 05/27/15 Pace 28 of 70

obtained for Silverwater Traders, LLC, Ooraooke, North Carolina,
wee ?changing? employers to Harborside Motel, when, in fact, the
alien worker had entered the United States for the sole purpose
of working for Harborside Motel and had only worked for
Silverwater Traders for a token. period for which Harboreide
Motel had reimbursed Silverwater Traders.

73. On or about June 8, 2009, 8.3.9. communicated by
e?mail wittL an <officer? of IR.H. Loven. Company, Pineola, North
Carolina, whose initials are J.L. and informed J.L. that ?there
was a transier in the works from another one of our 
Clients, Arbor Lawna, to your company.? S.E.F. further
informed in the e~mail that the ?transfer? had not gone
through and that R.H. Loven Company could only legally employ
the three alien workers provided to them by ILMC if a ?transfer?
wee filed with USCIS. ELE.F. further informed J.L. that RAH.
Loven Company would need to submit two weeks of payroll evidence
showing that the three alierl workere Ihad. actually ?worked. for
Arbor Lawne, Iho., Orchage Park, New York, for no than two
weeks. S.E.F. further advised J.L. that she could out J.L. in
touch with Arbor Lawns, Inc.

74. On or about June 8, 2009, S.E.F. and J.L. had a
conversation by telephone. 8.E.F. suggested to J.L. that R.H.
Loven Company, Pineola, North Carolina, and Arbor Lawns, Inc.,

Orchard Park, New York, could reach an arrangement in which R.H.

29

Case Document 88 Filed 05/27/15 Pace 29 of 70

Loven Company would trenefer funds to Amber Lawns, 
payroll for the alien workers eo that Arbor Lawns, Ino., could
then issue payroll checks to the alien workers, thereby creating
the pretense thet the alien workers were employed by Arbor
Lawns, Inc. I

75. On or about July 8, 2008, S.E.F. filed, or caused the
filing of by employees of ELMC, a Form petition number
which. petition falsely stated that
Wintereoepee, LLC, Boone, North Carolina, had jobs for 246 alien
workers as janitote, euoh petition bearing the false signature
and certification of an officer of Wintereoapee, LLC, whose
initials are 8.9. S.E.F. knew at the time of the filing of the
above petition that the majority of the ?janitore? would he need
to work at other jobs once they entered the United States under
Vises obtained for Wintereoepee, LLC.

76. Following approval of the Wintereoapee, LLC, Form 
129, petition number S.P. contaoted S.E.F. and
informed her that he did not have need for the majority of the
246 obtained under that petition. S.P. asked S.E.F.
if the unneeded H-2B Vises could be returned to USCIS. S.E.F.
informed that there was run procedure for xeturn of EFBB
S.E.F. did not contact GSCIS to inform the United Statee
that a Form I~l29, petition number had

contained an inflated request for Visas.

30

Case Document 88 Filed 05/27/15 Pace 30 of 70

77. On or about June 8, 2009, S.E.F. contacted an officer
of Arbor Lawns, Ino., Orchard Park, New York, whose initials are
J.B., by telephone and requested that J.B. allOW' R.H. Loven
Company, Pineola, North Carolina, to use ?extra? of
Arbor Lawns, Inc., to bring workers into the United States.
After being told by J.B. that Arbor Lawns, Inc., did not consent
to the use of any ?extra? Visas of Arbor Lawns, Inc., by
R.H. Loves. Company, S.E.F. requested that 3.3. speak ?with a
representative of R.H. Loves Company directly. The officers of
Arbor Lawns, unaware of the existence of ?extra? 
Visas of Arbor Lawns, Ino., prior telephone call to
J.B.

78. In or about June or July 2009, the of?ioers of Arbor
Lawns, Ino., Orchard. Parks New ?York, and.iR.H. Loves. Company;
Pineola, North Carolina, agreed not to enter into an arrangement
to make it appear that the three alien workers provided to R.H.
Loven Company under Visas issued to Arbor Lawns, Inc., had
actually' worked. at .Arbor' Lawns, Inc. Thereafter, R.H. Loven
Company directed the three alien workers to return to Mexico.

?79. On or about August 2009, S.E.F. informed (LL. at
R.H. Loven Company by e?mail that USCIS had not issued all of
the 66,000 Visas for fiscal year 2009, and that HWZB Visas
were therefore still available for employers. Also on or about

August 7, 2009, J.L. responded by e-mail to S.E.F. and requested

31

Case Document 88 Filed 05/27/15 Pace 31 of 70

that S.E.F. ?Epileaee apply for the three that we had to send
back to Mexico to return 

80. On or about August 13, 2009, S.E.F., after being
instructed by J.L. to petition for three alien workers on behalf
of R.H. Loven Company, Pineola, North Carolina, filed, or 
the filing of by employees of ELMO, a Form 1?129, petition
number which petition falsely stated that R.H.
Levee Company had jobe for ten alien workers and falsely
requeeting that ten be such petition bearing
the false signature and certification of an. officer of R.H.
Levee Company whose initiele are R.L.I

81. On or about July 9, 2009, S.E.F. filed, or caused the
filieg of by employees of ELMC, a Form petition number
on behalf of Southeast Woodland Service, Inc.,
Conway, South Carolina, falsely stating that five alien workere
who entered the United States under ?extra? Visas obtained
for Woods Plus, Inc., Lugoff, South Carolina, were ?Changing?
employers to Southeast Woodland Services, Inc., when, in fact,
they had entered the united States for the purpoee of working
for Southeast Woodland, Servioee, Inc., and had worked only for
a token period at Woods blue, Inc.

82. On or about Becember 16, 2008, S.E.F. filed, or 
the filing of by employees of ILMC, a Form petition

number tor tbirty~eight HezB (x1 behalf

32

Case Document 88 Filed 05/27/15 Pace 32 of 70

of Enviro~8oapee, LLC, Nashville, Tennessee, such petition
bearing the falee signature and certification of an officer of
EnvirowSoapes, LLC, whose initials are M.R., and falsely
claiming need of thirty-eight alien workers, when, in fact, the
Company had need o? fewer than thirty alien workers and could
not employ or house alien workers in excess of thirty.

83. On or about January 8, 2010, S.E.F. filed, or caused
the filing of by employees of ILMC, a Form I~l29, petition
number for thirty~two Vieae on behalf of
EnvirowScapee, LLC, Nashville, such petition bearing
the falee signature and certification of an officer of Envirow
Soapee, Ino., whose initials are M.R., and falsely Claiming need
of thirty-two alien workere, when, in fact, the company had need
of fewer thee thirty alien workers and could not employ or house
alien workers in of thirty.

84. On or about January 14, 2011, S.E.F. filed, or caused
the filing of by employees of ILMC, a Form l-129, petition
number EAC-llwo7S?50220, for thirtwaour Vieae on behalf of
Enviro~8oapee, LLC, Nashville, such petition bearing
the falee signature and certification of an officer of Enviro~
Soapee, Ino., whose initials are M.R., and falsely Claiming need
of thirty?four" alien. workers, when, in. fact, the company' had
need of fewer than thirty alien workere and could not employ or

house alien workers in excess of thirty.

33

Case Document 88 Filed 05/27/15 Pace 33 of 70

85. On or about March 14, 203.2, S.E.F. filed, or caused
the filing of by? employees of ILMC, a Form petition
number for thirty-five Vises on behalf of
Enviro~8cepee, LLC, Nashville, such petition bearing
the false signature and certi?ication of an officer of Enviro?
Scapee, LLC, whose initiele are M.R., and falsely claiming need
of? thirty~?ive alien. workers, when, in. fact, the company" had
need of fewer than thirty alien workere and could not employ or
house alien workers in excess of thirty.

86. On or about February 7, 2013, S.E.F. filed, or caused
the filing of by of ILMC, Form 1-129, petition
number for thirty~five Visas on behalf of'
EnvirOHScapee, LLC, Nashville, Tennessee, euch petition bearing
the false Signature and certification of an officer of Enviro~
Scapee, LLC, whose initials are M.R., and falsely claiming need
of thirty?five alien.*workere, when, in fact, the compeny' had
need of fewer than thirty alien workers and could not employ or
house alien workers in excess of thirty.

87. During the couree of the conspiracy; CRAIG STANFORD
BURY, JR., directed of ELMO to dieburee funde directly
to him for his personal use and benefit, including the funds
derived from the conspiracy to defraud the United States,
fraudulently obtain 3-23 Visas, and encourage the entry into and

residence of aliens in the United Statee in knowing and reckless

34

Case Document 88 Filed 05/27/15 Paoe 34 of 70

disregard that such entry and residence was in violation of law.
CRAIG STANFORD JR., directed ELMO employees to disburse
ILMC funde to him in the total approximate amount of
$1,120,000.00.

All in violation of Titie 8, United Statee Code, Section
1324(a) (1) (A) (I), and Title 18, United Statee Code, Sections
371, 1546(a), 1956(h), and 1957.

COUNTS TWO THROUGH TEN

CRAIG STANFORD BURY, JR.

 

1. Paragraphe 1 through 87 of Count One are hereby
"re?alleged and incorporated by reference as if fully set forth
herein.

2. On or about movember 2009, continuing up to and
including on or about October 18, 2012, the exact dates to the
Grand Jurors unknown, in the County of Moore, in the Middle
District of North Carolina, and elsewhere, CRAIG STANFORD EURY,
JR., did knowingly engage and attempt to engage in a monetary
transaction by and through a financial institution affecting
interstate and foreign commerce in criminallyederived property
of a value greater than $10,000.00, that is, the deposit of
checks from ILMC at the dates and in the amounts as set forth by
individual counts below, into Branch Banking 8: Trust checking

account number in the name of CRAIG STANFORD

 

BURY, JR, such property having been derived from a specified

35

Case Document 88 Filed 05/27/15 Pace 35 of 70

unlawful activity, to wit: viea fraud, in violation of Title 18,
United States Code, Section 1546(0), and inducing aliane to
enter and reside in the United States in knowing and reckless
disregard that euch entry and residence was in violation of the
law, in violation of Title 8, United States Code, ?eotion



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNT 0222 CHECK AMOUNT
{on or about}
2 11/20/2009 0 15674 
3 3/18/2010 0 16073 $100,000.00
4 10/5/2010 0 16379 $100,000.00
5 12/30/2010 0 15510 $200,000.00
6 I 6/22/2011 0 16979 $100,000.00
7 11/2/2011 0 17233 $200,000.00
8 0/21/2012 0 17750 $150,000.00
9 8/21/2012 0 17856 $100,000.00
10 10/10/2012 0 17003 $100,000.00


 

 

All in violation of ?itle 18, united States Code, Sections

 

1957 and 2.
COUNT ELEVEN
TO THE UNITED STATES
1. Paragraphs 1 through 22 of Count One are hereby re?

alleged. and incorporated. by reference ae if fully? set forth

herein.

36

Case Document 88 Filed 05/27/15 Pace 36 of 70

2. At all times eaterial herein, North Carolina Growere
Association wee a North Carolina non~profit corporation
organized under the laws of the State of North Carolina with its
office and place of businees in Vase, Moore County, North
Carolina, in the Middle District of North Carolina. NCGA is in
the business oi obtaining. agricultural workere tor its
member farmers. I

SCHEME

 

3. Pursuant to the North Carolina Noanrofit Corporation
Act at North Carolina General Statute o?ficens of a
North Carolina nonuprofit corporation owe a duty of good faith
to the non~profit corporation and ite members.

4. ,At all times matexial to thie Indictment, Harry lee
Wicker! Jr., was a resident of Moore Consaadzy,r North Carolina, in
the Middle District of North Carolina, and eervo? as a Ceputy
Director of NCGA with a. duty of good faith to NCGA and its
members. Harry Lee Wicker, Jr., also served as a consultant for
ILMC.

5. At all timee material to thie Indictment, KENNETH W.
WHITE was a. resident of Moore County, North Carolina, in the
Middle Dietrict of North Carolina, and served as a Deputy

Director* of NCGA. witli a. duty? of good faith. to ZNCGA. and its

membersg

37

Case Document 88 Filed 05/27/15 Pace 37 of 70

5. At all times material to this Indictment, CRAIG
STANFORD BURY, JR., served as Executive Director of NCGA with a
duty of good faith to NCGA and its members.

7. At all times material to thia Indictment, Consular
Solutions, Inc., was a corporation formed. under the
laws of the Nation of Mexico with its primary office and place
of buoiness ill Monterrey, Mexico. CSI was ?11 the business of
prooeseing Mexican workers for Whom szA or H-2B Visa petitione
had been approved by USCIS and the Department of Labor under the
operat?ml of the immigration laws c?i the united States. CSI
facilitated the movement of Mexican workers to the US Consulate
for final issuance of and H-ZB Viaae.

8. At all tdmes material to this Indictment, CRAIG
STANFORD BURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE
exeroieed control over the finances and operations of CSI.

9. At timee material to this Indictment, (ream
STANFORD BURY, JR., Harry Lee Wicker, Jr., and KENNETH W. 
concealed their control of CSI from NCGA, its members, competing
immigration agente and from emploYers.

10. At all times material to this Indictment, APPLICATION
SERVECES AND ADMINISTRATIVE PROGRAM, LLC was a limited
liability company created under the laws of the State of
Eelaware with its office and place of business in .Amherst,
Virginia.

38

Case Document 88 Filed 05/27/15 Pace 38 of 70

11. 1a or about January 2009, CRAIG JR.,
Harry Lee Wicker, Jr., and KENNETH W. WHITE directed the
inoorporathxi of ASAP. Fran in or about January 2009 to the
presemt, GRADE STANFORD EURY, JR., and KENNETH FL WHITE have
aerved as members of ASAP and exercised control over the
finances and operations of ASAP. Harry Lee Wicker, Jr.,
resigned as a member of ASAP in April 2015.

12. At all times material to this Indictment, The Labor
Company wee a cmmporation organized under the lawe of
the Commonwealth of Virginia with its office and place of
in .Amheret, Virginia. TLC was in the business of
preparing and submitting petitions on behalf of Client companies.
to the United Statee_-government for temporary alien. workers
under the Iagrioultural Visa Program and the none
agricultural visa program.

1.3. At all times material to thie Indictment, CRAIG
STANFORD EURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE
exercieed control over the finances and operations of TLC.

14. A.W. is a citizen o? the CommonWealth of Virginia. At
all times material to this Indictment, A.W. worked as Preeident
of TLC under the direction of CRAIG STANFORD BURY, JR., Harry

Lee Wicker, Jr., and KENNETH W. WHITE. From on or about January

2009 to the present, A.W. works and worked as the sole, part?

39

Case Document 88 Filed 05/27/15 Pace 39 of 70

time employee of ASAP at the direction of CRAIG STANFORD BURY,
JR.. Harry Lee Wicker, Jr., and KENNETH W. WHITE.

15. At all times material to thie Indictment, M.B. was a
citizen of the United States who resided in the Nation of
Mexico. MLB. worked at the direction of CEAEG STANFORD EURY,
Harry? Lee 'Wioker, Jr., and. KENNETH: W. WHITE to collect
kickwbaoke in Mexico from and workete as a condition
of their coming to the United States to perform and 
work and for the benefit of CRAIG STANFORD EURY, JR., Harry Lee
Wicker, Jr., and KENNETH W. WHETE.

FOREIGN WORKER FEES

 

16. Prior to on or about January 2009, CSE, at the
direction of and for the benefit of CRAIG BURY, JR.,
and KENNETH W. WHITE, did require foreign workers to pay a kiok~
back as a condition of being offered and employment in
the united States. M.B. served as ?banker? for CRAIG STANFORD
EURY, JR., and KENNETH W. WHETE to collect Such fees from
foreign workers. A large portion of this kick~back was then
transferred by M.B. to accounts in the United States controlled
by CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr., and KENNETE
W. WHITE for their personal use and benefit.

17. Prior to 3J1 or about 2006, M.B. collected kickwbacke
from workers for the benefit of CRAIG STANFORD EURY, JR.,

and KENNETH W. WHETE. From in or about 2006 to in or about

40

Case Document 88 Filed 05/27/15 Pace 40 of 70

January 2009, as part of the settlement of the civil lawsuit, Qe
LunawGuexrero v. North Carolina Growere Aeeocietion, CRAIG
STANFORD EURY, JR., Harry Lee Wioker, Jr., and KENNETH W. WHITE
directed NCGA to pay an $80.00 per worker fee to CSI for
processing fees without revealing to NCGA and its members that
CRAIG STANFORD Harry Lee Wicker, Jr., and KENNETH W.
WHITE would personally benefit from payment of these fees in
violation of their duty of good faith to NCGA and its members.
CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr., KENNETH W.
WHITE, and M.B. converted approximateky fifty?percent of 
fees to their own and beoefit.

18. Prior? tor January? 2009, foreign. workers seeking'.Hw2A
and employment with ILMC clients or NCGA members wouid not
be allowed to pmooeed tn} the United States Coneulate to make
final application for szA. and. the petitions of
which had already been approved by the Department of Labor and
USCES, without paying M.B. a kiok~back for the benefit of CRAIG
STANFORD EBRY, JR. Harry Lee Wicker, Jr. and KENNETH W. WHITE.

19, it was a further pert of the scheme and axtifice to
defraud that CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr.,
and KENNETH W. WHITE trans?erred funds for their persoeal
benefit from bank accounts of CSI in. Mexico to accounts
conttolled by CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr

I

and KENNETH W. in the United States through shell



Case Document 88 Filed 05/27/15 Pace 41 of 70

companies established. for the perpose of receiving and
concealing the receipt of such funds in the United Stetee.

20. Effeotive in or about January?QOOQ, the United States
Department of Homeland Security promulgated'regulation 8 C.F.R.
and the United States Department of Labor
promulgated Regulatione 8 C.F.R. and 20
C.F.R. 655.135(j) and which. prohibited a facilitator,
xecruiter, or similar employment service from charging any fee
or kicknheck from workers as a condition of the offer of
obtaining HWZB or employment, revised similar regulations
prohibiting the charging of fees and kick-backs from 
workere came into effect as of February 2010.

21. Determination of which persons may enter into the
United States is an exercise of the eovereignty of the United
States and is governed by the immigration laws of the United
Stetee.

OBJECTS 0? THE CONSPIRACY

 

22. From the teriod beginning or about December 2008
and continuing up to and including on or about July 1, 2014, the
exact dates to the Grand Jurors unknown, in the County of Moore,
in the Middle District of North Carolina, and elsewhere, CRAEG
STANFORD EURY, JR., Harry Lee Wicker, 3n, KENNETH W. WHITE,
S.E.F., M.B., and A.W. and divers other pereone, both known and

unknown to the Grand Jurors, knowingly and unlawfully combined,

42

Case Document 88 Filed 05/27/15 Paoe 42 of 70

conSPired and agreed together and with other persons to defraud
the United States of America concerning one or ?more of its
lawful government functions and rights, that is:

OBJECT ONE:

a. To defraud the United States by imeairing,
obstructing, and defeating the lawful governmental function
of the Department of Latex te administer, regulate and
enforce the regulations and laws relating to the

implementation of the and H-2B non~immigrant Viea

programe;
QBJECT TWO:
b. to defraud the United States by itmairing,
obstructing, and defeating the lawful governmental

functions of USCES to administer; regulate and enforce
violations, regulations and laws relating to the Itiring,
employment and presence of aliens in the united States;
OBJECT THREE

0. To defraud the united States by itmairing,
obetructing, and defeating the lawful governmental iunction
of the Department of Labor to eneure that American workers
are net harmed by the entry of alien workers into the job
market in the United States,- both in protecting the

availability of jobs for United States citiken workers and

43

Case Document 88 Filed 05/27/15 Pace 43 of 70

in ensuring the provision of fair wages for United Statee
citizen workers; and
OBJECT FOUR
d. To defraud the United States by impairing,
obstructing, and defeating the lawful governmental function
of the Department of State to ?monitor and regulate the
issuance of Vises at United States Coneulatee and the

United States Department of Labor.

23. To avoid losing their lucrative per~worker kiokubeck
due to the promulgation of new regulations barring the charging
of worker fees as a condition Of and employment, CRAIG
STANFORD BURY, JR., Harry Lee Wicker, 3:16., and KENNETH W. WHITE
formed ASAP in or about December 2008 to collect fees from ILMC
and TLC employer clients under the falee pretense that ASAP
would collect a $99.00 pereworker fee charged by CS: in Mexico.
In fact, the $99.00 fee was jxileted tx> allow CRAIG STANFORD
EURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE to recoup
the kick?baoke previously charged to workers as a condition of
their and H-2B employment, but now barred by the United
States Department of Homeland Security.

24. It was a further part of the conspiracy that CRAIG
EURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE
directed to bill for and colieot from IEMC and TLC Client

employers a $99.00 fee under the false pretense that such fee

44

Case Document 88 Filed 05/27/15 Pace 44 of 70

wee a. recruiting or processing fee charged in Mexico by (381,
when as CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr., and
KENNETH W. WHITE then well knew, the fee was inflated to include
monies idirectly? for the Ibenefit. of CRAIG- STANFORD EURY, JR.,
Harry Lee Wicker, Jr., and KENNETH W. WHITE, which monies were
previously collected as kick~backe from workers as a condition
of and 3?28 employment prior to such practice being
prohibited by the United States Department of Homeland Security.

25. it ?wae a; furthex? part of 'the conspiracy? that CRAIG
EURY, JR., Harry Lee Wicker, 315., and KENNETH W. 
directed ASAP to t?reaten ILMC and TLC clients with cancellation
of workers for ane and workere at the United States
Consulate in Monterrey, Mexico, if the $99.00 ASAP fee was not
paid to ABAF, even though CRAIG STANFORD BURY, JR., Harry Lee
Wicker, Jr., and KENNETH w. mama: k?ew ASAP had no legal
authority ix: determine to v?uml the United States, through ite
agencies, issued visas for entry into the United States.

26. It 'was a .?urthex? pext of the conspiracy' that CRAIG
STANFORQ BURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE
keowiogly concealed their interest and control of TLC, ASAF, and
CS: from clients by instructing A.W., ILMC, and TLC to
represent that each was ea separate and autonomous third-party
entity, when, in fact, as CRAIG STANFORD BURY, JR., Harry Lee

Wicker, Jr., and KENNETH w. WHITE then well knew, ILMC, TLC



45

Case Document 88 Filed 05/27/15 Pace 45 of 70

ASAP, and CSI were controlled and directed by CRAIG STANFORD
EBRY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE.

It was a? further part of the conspiracy that, in
February 2009, CRAIG STANFORD EURY, JR., Harry Lee Wicker, Jr.,
and KENNETHI W. WHITE caueed. to pay* ASAP an $80.00 per
worker' fee 3purportedly? charged 13; CSI, despite the fact that
NCGA was not in violation of the new regulations ace wee already
making payment directly to 081. CRAIG STANFORD EURY, JR., Harry
Lee Wicker, Jr., and W. WHITE concealed from NCGA and
its membere that they would use ASAP to continue to divert
approximately' fifty" percent of fees paid. to .ASAP by? NCGA. to
their own benefit in violation of their duty of good faith to
NCGA and its members.

OVERT ACTS

28. In or about 2009 through 2013, CRAIG STANFORD EURY,
JR., Harry Lee Wicker, Jr., KENNETH W. WHITE, S.E.F., A.W., TLC,
and ELMO provided ILMC and TLC clients with written instructions
to pay EL $99.00 peraworker fee in) ASAP, falsely representing
that the $99.00 fee wee charged by CSI and collected by ASAP, a
third-party payment processing company, when, in fact, ae CRAIG
STANFORD EURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE
then well knew, the $99.00 fee wee not the ?ee charged by CSI
but was inflated to include kick~back fees previouely collected

by CRAIG STANFORD EURY, JR., Harry Lee Wicker, Jr., and KENNETH

46

Case Document 88 Filed 05/27/15 Pace 46 of 70

W. WHITE from workere in Mexico as a condition of obtaining szA
and work in the United States bot now prohibited by federal
law and regulation, and was controlled by CRAIG STANFORD
EURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE.

29. In or about 2009 throegh 2013, CRAIG srmeoee ever,
JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE directed NCGA
to make payments to ASAP when NCGA was in compliance with
regulations prohibiting the charging of fees to and 
workers to make payments to ASAP. CRAIG STANFORD EURY, JR.,
Harry Lee Wicker, Jr., and KENNETH W. WHXTE directed that such
payments be made to ASAP for the sole purpose of facilitating
the continued diversion of NCGA foods to their own use in
violation of their duty of good faith to NCGA and its members.

30. In. or about 2009 through 2033, CRAIG STANFORD EURY,
JR., Kerry Lee Wickerr Jr., and KENNETH W. WHITE directed Ase?
to inform ILMC and TLC clients and that their workere would be
cancelled and not allowed to ?cross? into the United States if
ASAP was not paid a $99.00 perwworker fee, Supposedly charged by
CSI when: in fact, as CRAIG STANFORD EURY, JR., Harry Lee
Wickerr Jr., and KEENETH W. WHETE then well knew, such fee was
inflated to include kiokwbacke previouely collected by CRAIG
STANFORD EURY, JR.I Harry Lee Wicker, Jr.? and KENNETH W. WHETE
from Mexican workers as a: condition of obtainihg Huze work in

the Unitee States but now prohibited by the United Statee



Case Document 88 Filed 05/27/15 Pace 47 of 70

Department of Homeland Security an? the United Statee Department
of Labor, and CSI had no authority to prevent workers
from entering the United States if so allowed under operation of
the laws of the United States.

All in violation of Title 18, United States Code, Section
371.

COUNT TWELVE

l. Paragraphs 1 through 22 of Count One and Paragraphs 1
through 12 of Count Eleven are hereby renalleged and
incorporated by reference ae if fully set forth herein.

SCHEME AND ARTZFICE TO DEFRAUD

2. From December 1, 2008, continuing up to and including
August 1, 2014, the exact dates to the Grand Jurors unknowe, in
the County of Moore, in the Middle District of North Carolina,
and elsewhere, CRAIG STANFORD BURY, JR., Harry Lee Wicket, Jr.,
and KENNETH W. WHITE did devise and intend to deviee echeme
and artifice to defraud Clients of ZLMC and TLC ee well as NCGA
and its members of money by materially false representations,
and promises by directing clients of ILMC and TLC, as
well as NCGA, to make payments to ASAP under the falee pretense
that such paymente were recruiting and processieg fees charged
in Mexico by CSI, when, in fact, as CRAIG STANFORD BURY, JR.,
Harry Lee Wicker, Jr., and KENNETH W. WHITE then well knew, the

CS: fee was not the fee actually.cherged in Mexico but contained

48

Case Document 88 Filed 05/27/15 Pace 48 of 70

an approximately fifty percent concealed mark~up to replace
kick?back fees previously charged to Mexican workers by C8: as a
condition of and employment for the benefit of CRAIG
STANFORD EURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE,
but now barred by regulations promulgated by the United Statee
Department of Homeland Security and the United States Department
of Labor. Such echeme and artifice to defraud made use of the
United. States mail and. interetate wire communications in its
execution.

3. It wee a part of the scheme and artifice to defraud
that CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr., and
KENNETH W. WHITE, upon promulgation of regulations by the U?ited
States Department of Homeland Security? and. the ?United. States
Department of Labor prohibiting the collection of fees and kick~
backs ?rom foreign workers as a condition of HHZA or 
employment, formed ASAP under the pretense that it wae a third-
party payment processing company collecting fees charged by C31,
when, in fact, as CRAIG STANFORD BURY, JR., Harry Lee Wicker,
Jr., and. KENNETH: W. WHITE then. well knew, ASAP was a shell
company with one part?time employee that operated only to allow
CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr., and KENNETH W.
WHETE to convert monies obtained from employers under the
pretense that they were paying a recruiting and processing fee

charged by CSI in Mexico and which fee the employer wee legally

49

Case Document 88 Filed 05/27/15 Paoe 49 of 70

required to pay, all as a replacement for 'monies previously
obtained as kiok?baoks from workers in Mexico as a condition of
and employment.

It was a further part of the scheme and artifice to
defraud that CRAIG STANFORD EURY, JR., Harry Lee Wicker, Jr.,
and KENNETH W. WHITE, through S.E.F., ELMC, and TLC, inetruoted
ELMO and TLC Clients that they were required by the law to pay a
$99.00 per-worker recruiting fee charged when, in fact,
such fee was not the .fee charged by but included amounts
Iwell beyond. any fee Ioharged Iby CS: actual reoruiti?g or
processing eervicee in Mexico to allow CRAIG STANFORD JR.,
Harry Lee Wicker, Jr., and KENNETH W. WHITE to replace kick-?
backs previously charged to workers in Mexico as a condition of
and employment, which fees were then barred by the
United. States Department of Homeland. Security' and the United
States Department of Labor through regulation.

5. It was a further part of the scheme and artifice to
defraud that CRAIG STANFORD ESRY, JR., Barry Lee WickerI Jr.,
KENNETH W. WHITE, and .ASAP provided. no recruiting or worker
processing Services of any type to earn amounts converted by
ASAP for the personal use of CRAIG STANFORD JR., Harry Lee
Wicker, Jr., and KENNETH W. WHITE from fees collected under the
pretenee that they were recruiting and proceseing fees Charged

in Mexico by C81.

50

Case Document 88 Filed 05/27/15 Pace 50 of 70

6. It was a further part of the scheme and axtifice to
defraud that CRAIG STANFORD EURY, Harry Lee Wickezr, Jr.,
and KENNETH V9. WHITE, through S.E.F., ILMC, and El?n directed
ILMC and TLC clients to mail payments of the purported $99.00
per~werker CSI Iecruiting and fee to?ea Post Office
box controlled by AseP.

7. It was a further part of the scheme and artifice to
defraud that CRAIG STANFORD EURY, JR., Hairy Lee Wicker, Jr.,
and KENNETH W. WHITE, through E.F. and ILMC, represented to
ILMC clients that mailing such payments to represented ?a
simple way for you to submit payment for recruiting services and
be in compliance with the new regulations," when, in fact, as
CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr,, and KENNETH W.
WHITE then well knew, such included amounts well beyond any
actual fees charged by 08:, and ILMC clients were net required
by the new regulations to make payments to CRAIG STANFORD RUBY,
JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE.

8. It was a further part of the scheme and artifice to
defraud that CRAIG BURY, JR., Harry Lee Wicker, dr.,
and KENNETH WHITE, through and ILMC, to
ILMCE clients that wee a separate. and.aautenomoue businese
entity from ILMC, when, in fact, as CRAIG STANFORD EURY, JR.



Harry Lee Wicker, Jr., and KENNETH W. WHITE then well knew, ILMC

51

Case Document 88 Filed 05/27/15 Pace 51 of 70

and CSI were not autonomous, but were both controlled by CRAIG
STANFORD BURY, JR., Harry Lee Wicker, Jr., and KENNETH W. 

9. It was a further part of the scheme and artifice to
defraud that CRAIG STANFORD BURY, (122., Harry Lee Wicker, Jr.,
and KENNETH WHITE, through S.E.F. and ELMC, to
ILMC Cliente that ASAP was a thirdwyarty payment processing
company, when, in fact, ae CRAIG STANFORD BURY, JR., Harry Lee
Wicker, Jr., and KENNETH WHITE then well knew, ASAP was
controlled by CRAIG STANFORD EURY, JR., Harry Lee Wicker, Jr.,
and KENNETH W. 

10. It was a further part of the scheme and artifice to
defraud that CRAIG STANFORD EGRY, JR., Harry Lee Wicker, Jr.,
and KENNETH W3 veeae, through 8.3.9. and ILMC, represented to
ILMC clients that. ASAP ?would them in. paying fees for
?your workers? to prevent the workers from paying out?of~pocket
when, in fact, ae CRAIG BURY, JR., Harry Lee
Wicker, Jr., and. KENNETH: W. WHITE then. well knew, such fees
included amounte well beyond any actual fees charged by CSI for
the purpose of replacing kick?back charged to Mexican
workere as a condition of H-EA and employment, which fees
were then barred by the United States Separtment of Homeland

Security and the United States Department of Labor through

regulation.

52

Case Document 88 Filed 05/27/15 Pace 52 of 70

11. it was a further part of the echeme and artifice to
defraud that CRAIG STANFORD BURY, JR., Harry Lee mmcker, Jr.,
and KENNETH W. WHITE, through. S.E.F., A.W., TLC, and 
informed the ILMC cliente that their workere woeld be
?cancelled? and would not be allowed to ?cross? into the United
States if the purported CS: fees were not paid to ASAP, despite
the fact that CSI and ASAP had no authority to bar anyone from
entering the United States under operation of the law.

12. it was a further part of the scheme and artifice to
defraud that at leaet one ILMC client who queetioned what
services ASAP had provided to him Was informed in reeponee by
ILMC employees that his workers would be cancelled and not
allowed to cross if he did not pay the purported CSI fee to
ASAP. -

13. It was a further part of the scheme and artifice to
defraud that CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr.,
and KENNEEH W. WHITE, through S.E.F. and ILMC, represented to
ILMC clients that non~payment of fees to ASAP might result in
debarment from the program or the imposition of civil
fimee, when, $11 fact, as CRAZG STANFORD BURY, JR., Harry lee
Wicker, Jr., and KENNETH W. WHITE then well knew, the fees
charged by ASAP included amounts well beyond any fee charged by
081 for actual recruiting or processing eervicee in meico to

allow CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr., and

53

Case Document 88 Filed 05/27/15 Pace 53 of 70

KENNETH W. to replace kickwbacks previously? charged to
workers in Mexico as a condition of Pin-22k and employment,
which fees were then barred by the United States Department of
Homeland Security and the United States Department of Labor
through regulation.

14. It was a further part of the Scheme and artifice to
defraud that CRAIG STANFORD BURY, 332., Harry Lee Wicker, Jr.,
and KENNETH W. WHITE directed NCGA to make payment for the fees
deeoribed about to ASAP even though NCGA directly made payments
to CS: in Mexico and was in compliance with regulations
prohibiting fees to be charged to workers as a condition of 
and employment.

15. It was a further pext of the echeme and artifice to
defraud that CRAIG STANFORD EURY, JR, Harry Lee Wicker, 333.,
and KENNETH W. WHITE used ASAP to divert a portion of the $80.00
recruiting fee purportedly charged to NCGA by C81 for their own
personal use and benefit in violation of their duties of good
faith to NCGA.

16. :It was a further part of the scheme and artifice to
defraud that CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr.,
and KENumf? W. WHITE concealed from NCGA and its members that 

portion-of the recruiting fees purportedly charged to NCGA by

CSI for recruiting and processing eervices in Mexico were

54;

Case Document 88 Filed 05/27/15 Pace 54 of 70

diverted to their own personal use and benefit in violation of
their duties of good faith to NCGA.

17. It was a further part of the scheme and artifice to
defraud that CRAIG STANFORD EURY, JR., concealed from auditore
of NCGA the fact: that CRAIG STANFORD BURY, JR., KENNETH W. WHITE
and. Harry' Lee Wicker, Jr., controlled CSI and. the fact that
CRAIG STANFORD EURY, JR., Harry Lee Wicker, Jr., and KENNETH W.
WHITE, and financially benefitted from payments made to by
NCGA purportedly for recruiting fees charged by 081, such facts
being material to the audit of NCGA being conducted at the
direction of the NCGA Board of Directors.

18. It wee a further part of the acheme and artifice to
defraud that STANFORD EURY, JR., made misrepresentations
to auditors of NCGA as to the relationship of ASAP to NCGA and
CSI for the purpose of concealing from the auditors that CRAIG
STANFORD EURY, JR., KENNETH W. WHITE and Harry Lee Wicker, Jr.,
controlled CSI.

19. It was a further part of the Scheme and artifice to
defraud that CRAIG STANFORD BURY, JR., Harry Lee Wicker, Jr.,
and KENNETH W. WHITE directed ASAP to pay attorney?s feea for
S.E.F. and ILMC out of the monies collected by ASAP from ELMC
and TLC cliente- and. NCGA. under the pretenee that .ASAP only

pxocessing fees charged in Mexioo by C51.

55

Case Document 88 Filed 05/27/15 Paoe 55 of 70

20. It wee a further part of the scheme and artifice to
defraud that ASAP had no from ahy ILMC or TLC client
or NCGA eember ix: use collected under the Emetense that
ASAP was processing fees for CS: for any other purpose.

'21. It was a further part of the scheme and aitifice to
defraud that, from on or about February 12,-2009, continuing up
to and including on or about December 31, 2013, the exact dates
to the Grand Jurors unknown, that received approximately-
$5,561,669.00 in payments from ILMC and Tic c?iente under the
pretense that ASAP was collecting a $99.00 per?worker recruiting
and processing fee for CS: in Mexico.

22. It was a further part of the scheme and artifice to
defraud that, ?rom on or about February 12, 2009, continuing up
to and including on or about December 31, 2013, the exact dates
to the Grand Jurore unknown, ASAP received approximately
$2,801,640.00 in payments from NCGA under the pretense that ASAP
wae collecting an $80.00 per?worker_prooeseing fee for CS: in
Mexico.

23. It was a further part of the echeme and artifice to
defraud that, from on or about February 12, 2009, continuing up
to and including on or about Beoember 31, 2013, the exact dates
to the Grand Jurors unknown, CRAEG STANFORD EURY, JR., directed
ASAP to make payments to him of $1,092,118.00 from fees

collected by as set foxth above.

56

Case Document 88 Filed 05/27/15 Pace 56 of 70

24. It wee a further part of the scheme and artifice to
defraud that, from on or about February 12, 2009, continuing up
to and including on or about December 31, 2013, the exact dates
to the Grand Jurors unknown, Harry Lee Wicker, (in, directed
ASAP to make payments to him through Nerth State Governmental
Affaire, a limited liability corporation under hie control, of
approximately $1,108,080.00 from fees collected by ASAP as set
forth above. I

25. 1t wee a further part of the scheme and artifice to
de?raud that, from on or about February 12, 2009, continuing up
to and including on or about December 31, 2013, the exact dates
to the Grand Jurore unknown, KENNETH W. WHZTE directed ASAP to
make payments to k?mI of approximately $1,059,370.00 from fees
collected by ASAP as set forth above.

EXECUTEON

26. On ox about November 23, 2009, in the County of Moore,
in the Middle Dietriot of North Carolina, CRAIG STANFORD EURY,
JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE, for the
purpose of executing the aforesaid scheme and artifice to
defraud, and attempting to do so, knowingly placed or caused to
be placed in any Post Office and authorized depository for mail
matter, any matter or thing, that is, an envelope containing a

NCGA check to ASAP for purported recruiting fees charged by CS:



Case Document 88 Filed 05/27/15 Pace 57 of 70

in the amount of $72,400.00, to be delivered tx: a Post Office
Box maintained by ASAP in Piney River, Virginia.

All in violation of Title 18, United States Code, Sections
1341 and 2.

COUNT-THIRTEEN

1. Paragraphs 1' through, 26 Iof Count Twelve are hereby
re~alleged and incorporated by reference as if fully set forth
herein.

2. On or about September 29, 2010, in the COunty of
?oore, in tbe_Middle District of North Carolina, CRAIG STANFORD
BURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE, for the
purpose of executing the aforesaid scheme and artifice to
defraud, and attempting to do so, knowingly placed and caused to
be placed in any Post Office and authorized depository for mail
matter, any matter or thing, that ie,_en envelope containing a
NCGA check to ASAP for purported recruiting fees charged by CS:
in the amount of $67,360.00, to be delivered to a Post Office
Box maintained by ASAP in Piney River, Virginia.

All in violation of Title 18, Uhited States Code, Sections
13421 and 2.

COUNT FOURTEEN
1. Paragraphs 1 through, 25 of Count Twelve are hereby

re-alleged and incorporated by reference ae if fully set forth

herein.

58

Case Document 88 Filed 05/27/15 Pace 58 of 70

2. On or about December 8, 2010, in the County of Moore,
in the Middle Dietriot of North Carolina, CRAIG STANFORD BURY,
JR., Harry Lee Wicker, Jr., and KENNETH W. WHETE, for the
purpose of executing the aforeeaid eoheme and artifice to
defraud, and attempting to do so, knowingly placed and caused to
be placed in any Post Office and authorized depository for mail
mattern an3* matter? or thing, that is, an. envelope containing
audited. financial etatements of to: be delivered. to 'the
offioee of NCGA in Vase, Moore County, North Carolina.

All in violation of Title 18, United States Code, Sections
1341 and 2.

COUNT FIFTEEN

l. Paragraphs 1 through 26 of Count Twelve are hereby re?
alleged and incorporated. by reference as if fully set forth
herein.

2. On or about ?areh 17, 2011, in the County of Moore, in
the Middle District of North Carolina, CRAIG STANFORD EURY, JR.,
Harry Lee Wicker, 3r., and KENNETH W. WHITE, for the purpose of
executing the aforeeaid scheme and artifice to defraud, and
attempting to do so, knowingly placed and caused to be placed in
any Post Office and authorized depository for mail matter, any
matter or thing, that is, an envelope containing a NCGA Check to

ASAP for purported recruiting fees Charged by 081 in the amount

Case Document 88 Filed 05/27/15 Pace 59 of 70

of $118,000.00, to be delivered to Poet Office Box maintained
by in Piney River, Virginia.

All in violation of Title 18, United States Code, Sections
1341 and 2.

COUNT SIXTEEN

1. Paragraphs 1 through 26 of Count Twelve are hereby re~
alleged and incorporated. by reference as if fully set forth
herein.

2. On or about September 14, 2011, in the County of
Orange, in the Middle District of North Carolina, CRAIG STANFORD
EURY, JR., Harry Lee Wicker, Jr., and KENNETH W. WHITE, for the
purpose of executing the aforesaid scheme and artifice to
defraud, and attempting to do so, did transmit and cause to be
transmitted by means of wire communications in interstate
commerce from the offices of ASAP in Amherst, Virginia, to the
officee of Data?Anywhere, in Chapel Hill, Orange County, in the
Middle District of North Carolina, certain writings, eigne,
signals and sounds, that is, an email communication containing a
request to modify the template for an invoice purporting to be
from CS: but in actuality prepared and mailed from ASAP.

All in violation of Title 18, United States Code, Sections

134$$and 2.

60

Case Document 88 Filed 05/27/15 Pace 60 of 70

COUNT SEVENTEEN

l. Paragraphs 1 through, 26 of Gaunt Twelve are hereby
re?elleged and incorporated by reference as if fully set forth'
-herein.

2. On or about Auguet 10, 2012, in the County of Moore,
in the Middle District ef North Carolina, CRAIG STANFORD EURY,
JR., Harry Lee Wicker, Jr., and W. WHITE, for the
purpose of executing the Scheme and artifice to
defraud, and attempting to do eo, knowingly placed and caused to
be glaeed in any Post Office and authorized depository for mail
matter, any matter or thing, that ie, an envelope containing an
ILMC apglication package instructeng ILMC client
Eeviroecapee, LLC, in Neehville,I to gay purported
reoxuiting fees to C81 by mailing payment to ASAP at e. Post
Office Box in Piney River, Virginia.

All in violation of Title 18, United States Code, Sections
1341 and 2.

COUNT EIGHTEEN

1. ?eregxaphe 1 through 26 of ?ount Twelve axe hereby
re~elleged and ineerporated by xeferenoe as if fully set forth
herein.

2. On or about April 1, 2013, in the County of Moore, in
the Middle District of North Carolina, CRAIG STANFORD EURY, JR.,

Harry Lee Wicker, Jr., and KENNETH W. WHITE, for the purpose of

63.

Case Document 88 Filed 05/27/15 Paoe 61 of 70

executing the aforeeaid scheme and artifice to defraud, and
attempting to do so, knowingly placed and to be placed in
.any Poet Office and authorized depoeitory for mail matter, any
matter or that is, an envelope containing a NCGA check to
ASAP for purported recruiting fees charged by CS: in the amount
of $166,480.00, to he delivered to a Post Office Box maintained
by ASAP in Piney River, Virginia.

All in violation of Title 18, United Statee Code, Sections
1341 and 2.

COUNT NINETEEN

l. Paragraphs 1 through 26 of Count Twelve are hereby re~
allegedo and incorporated. by _referenoe as if fully set forth
herein.

2. On or about April 9, 2014, in the County of Moore, in
the Middle District of North Carolina, CRAIG STANFORD BURY, JR.,
Harry Lee Wicker, Jr., and KENNETH W. WHITE, for the purpose of
executing the aforeeaid scheme and artifice to defraud, and
attempting to do eo, did transmit and cause to be tranemitted by
meane of wire communications in interstate commerce from the
offioee of ASAP in Amherst, Virginia, to the bookkeeper in the
offices of NCGA in Vase, Moore County, in the Middle District of
North. Carolina, containing" writings, signals and. eounde, that
is, an e~mail communication containing the false representation

that CSI charged $99.00 for ?oreign workers request or $80.00

62

Case Document 88 Filed 05/27/15 Pace 62 of 70

per worker for NCGA and falsely omitting that, in fact, CSI did
not charge $80.00 per worker but 21 lesser fee and that CRAIG
STANFORD BURY, JR. and KENNETH w. WHITE, through ASAP,
converted a large portion of the fees paid by NCGA to their own
use.

all in violation of Title 18, United States Code, Sections
1343 and 2.

COUNTS TWENTY THROUGH 

1. Paragraphs through 26 of Count. Twelve are hereby
re?alleged and incorporated by reference a3 if fully set forth
herein.

2. From on or about November 30, 2009, continuing op to
and including on or about September 23, 2013, the exact dates to
the Grand Jurors unknown, in the County of Moore, in the Middle
District_ of North Carolina, CRAIG STANFORD BURY, JR., did
knowingly engage or attempt to engage in monetary transactions
by and through a financial institution affecting interstate and
foreign commerce in criminally derived property of a value
greater? than $10,000.00, that is, the: deposit of checks from
ASAP on tne dates and in the amounts as set forth below into a
Branch Banking Trust account of CRAIG STANFORD BURY, JR., that

is, account number such property having been

 

derived from a specified unlawful activity, to wit, mail fraud;

in violation of Title 18, United States Code, Section 1341:

63

Case Document 88 Filed 05/27/15 Pace 63 of 70

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

100002 DATE CHECK AMOUNT 3
I (on or about)

20 11/30/09 0 1183 $25,000.00
21 0/8/10 0 1193 $58,000.00
22 5/10/10 0 1200' $06,180.00
23 0/8/10 0 1203' $50,000.00
20 I 7/20/10 0 1202 $34,000.00
25 10/6/10 0 1212 $00,000.00
26 12/9/10 0 1218 $19,000.00
27 0/6/11 0 1223 $35,900.00
28 5/10/11 0 1230 - $48,000.00

1

29 6/8/11 0 1233 $30,000.00 5
30 7/8/11 0 1238 $50,000 00
31 8/9/11 1242 $18,000.00
32 10/11/11 1281 $29,000.00
33 3/14/12 0 1203 $16,000.00
34 0/10/12 0 1266 $28,000.00
BS 5/18/12 0 1271 $00,000.00
38 1 8/11/12 0 1270 $38,000.00
37 2/10/12 0 1279 $48,000.00
38 9/25/12 0 1282 $30,000.00
39' 11/13/12 0 1290 $40,000.00
40 a 0/10/13 #1505 $00,000.00

1 
60

Case Document 88 Filed 05/27/15 Pace 64 of 70

 

41 5/13f13 1510 $45,000.00

 

 

 

 

 

 

 

02 7/11/13 151? 0 $58,000.00.
43 9/23/13 1527 $48,000.00
44 12/17/13 0 1536 $10,500.00

 

 

All in violation of Title 18, united States Code, Sections
1957 and 2.

THROUGH 

l. Paragraphe 1 through 26 of Count Twelve are hereby
reualleged and incorporated by xeference no if fully eet forth
herein.

2. From on or about November 30, 2009, continuing up to
and including on or about September 23, 2013, the exact dates to
the Grand Jurors unknown, in the County of Moore, in the Middle
District o? North Carolina, KENNETH W. WHITE did knowingly
engage or attempt to engage in. monetary transactions by and
through a financial inetitution affecting interstate and foreign
commerce in criminally derived property of a value greater than
$10,000.00, that is, the deposit of checks fzom .ASAP on the
dates and in the amounts as set forth below into State

Employees? Credit Union account number and account

 

number in the name o? KENNETH W. WHITE, such property

 

having been derived from a specified unlawful activity, to wit,
mail fraud; in violation of Title 18, United States Code,

Section 1341:
65

Case Document 88 Filed 05/27/15 Pace 65 of 70

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

00001 DATE CHECK AMOUNT
(on or abeut)
45 I 11/30/09 0 1104 $25,000.00
40 4/0/10 0 1192 $50,000.00
47 5/10/10 0 1201 $46,100.00
40 6/0/10 1 0 1204 $50,000.00
49 7/20/10 0 1200 $34,000.00
50 I 10/0/10 0 1213 $40,000.00
51 12/9/10 0 1212 $19,000.00
52 4/0/11 0 1224 $35,900.00
03 5/10/11 0 1231 $40,000.00
54 0/0/11 0 1234 $30,000.00
55 7/0/11 0 1239 $50,000.00
56 1 0/9/11 1243 I $10,000.00
57 10/11/11 0 1202 $29,000.00
50 3/14/12 0 1204 $10,000.00
59 4/10/12 0 1262 $20,000.00
00 5/15/12 1 0 1222 $44,000.00
01 6/11/12 0 1277 $30,000.00
62 7/10/12 0 1270 $40,000.00
63 9/25/12 1203 $30,000.00
04 11/13/12 0 1291 $40,000.00
05 4/10/13 #l506 $40,000.00
00

Case Document 88 Filed 05/27/15 Pace 66 of 70

 

66 5/13/13 l51l $37,500.00

 

 

67 7/11/13 1520 $89,500.00

 

 

 

 

 

All in violation of Title 18, United States Code, Sections

1957 and 2.

Forfeiture Allegations

 

1. the allegetione contained in Counts One through Sixtye
Seven of thie Indictment are hereby re~alleged and iocorporated
by reference for the purpoee of alleging forfeiture pureuant to
Title 8, United States Code, Section 1324(b)(l), e?d Title 18,
United States Code, Sections 981(a)(1)(C) and 982(a).

2. Pursuant to Title 8, United States Code, Section
1324(b)(1), upon conviction of an offense in violation of Title
8, united States Code, Section 1324(a), as alleged in Object Two
of Count One CRAEG STANFORB EURY, JR., shall forfeit
to the United States of America any conveyance, including any
vessel, vehicle, or aircraft, that has been or is being used in
the commission of the violatione of which' the defendant is
convicted, the groee proceeds of such violatione, and any
property traceable to such conveyance or proceeds.

3. Pursuant to Title 18, United Statee Code, Section
982(a)(6), upon conviction of an offense in violation of Title
8, United Statee Code, Section 1324(a), or 'Title 18, United

States Code, Section 1546, ae alleged in Object Three of Count

67

Case Document 88 Filed 05/27/15 Pace 67 of 70

IOne HI amaze semsoeo BURY, 51-2., shell forfeit to the
United States of America:

any conveyance, including any veseel, vehicle, or
aircraft used in. the commission. of the offense of which the
defendant is convicted; and

any property, real or personal?-

that constitutes, cm: is derived from or
is traceable to the proceeds obtained
diteotly or indirectly from the
commission of the offense of which the
defendant is convicted; or

{ii} that is used. to facilitate, or is
intended to be used to facilitate, the
commission. of the offense of which the
defendant is convicted.

4. Pursuant to Title 18, United States Code, Section
982(e)(1), upon conviction of an offense in violation of Title
18, united States Code, Section 1957, as alleged against CRAIG
STANFORD BURY, JR., in Object Four of Count One HI 
Counts Two through. Ten, and Counts Twenty~0ne through Forty~
Five, and against KENNETH W. WHITE in Counts Forty?Six through
Sixty~0ne, the defendants shell forfeit to the United States of
America any property, real or personal, involved in such

offense, or any property traceable to such progerty.

68

Case Document 88 Filed 05/27/15 Pace 68 of 70

5. Pursuant to Title 18, United States Code,- Section
and Title 18, United States Code, Section 2461(o),
upon conviction of an offense in violation of Title 18, United
Stetee Code, Sections 1341 and 1343, as alleged in Counts
Thirteen through Nineteen, the defendants shall for?eit to the
united States of America any property, real or personal, which
constitutes or ie derived from proceeds traceable to the offense
of which the defendants are con?ioted.

6. The property? to be torfeited includes, but is not
limited to, a sum of money equal to $3,842,240.00 or more,
representing the total amount forfeitable as 21 result of suoh
offenses.

7. If any of the property described above, as a reeult of

any act or omission of a defendant:

a. cannot be located upon the exercise of due
diligence; 
b. has been transferred or eold to, or deposited

with, a third party;

has been placed beyond the jurisdiction of the
court;

d, has been substantially diminished in value; or

e. has been oommingled with other property which

cannot be divided without difficulty, the ?nited
States of America shall be entitled to forfeiture

of eabstitute property pursuant to Title 21,

69

Case Document 88 Filed 05/27/15 Pace 69 of 70

United States Code, Section 853(p), as
incorporated. by Title 18, United States Code,
Section and 'Title 28, United States
Code, Section 2461(c).

All pursuant to Title 8, United States Code, Section
Title 18, United States Code, Sectiens 
982(a)(l), and 982(a)(6), Rule Federal Rules af
Criminal Pracedure, and Title 28, Unite? States Code, Section
2461(0).

A TRUE BILL:

 

FOREPERSON

f. 


J. CHUT, JR.
ASSISTANT UNITED ATTORNEY


?ax/m aim)
RIPLEY RAND 0

UNITED STATES ATTORNEY

70

Case Document 88 Filed 05/27/15 Pace 70 of 70