I. We FOR THE MIDDLE DISTRICT OF NORTH 3 i . . was erase . cm: UNITED STATES OF AMERICA I V. CRAIG STANFORD BURY, JR. 93% ?l SARAH ELIZABETH FARRELL -2 INTERNATIONAL LABOR MANAGEMENT l:l4CR 52! ?3 CORPORATION The Grand Jury charges: COUNT ONE CONSPIRACY TO DEFRAOD THE UNITED STATES BACKGROUND INFORMATION 1. At all times material to this Indictment, INTERNATIONAL LABOR MANAGEMENT CORPORATION was a corporation Iorganized under the laws of the State of North Carolina with its headquarters and place of tmsiness in vase, Moore County, North Carolina, in the muddle District of North Carolina. At all times material herein, ILMC was in the business of preparing and submitting petitions on behalf of client companies to the United States government for temporary alien workers under the' Visa program and the H-ZA Agricultural Visa Program. Case Document 1 Filed 01/31/14 Pace 1 of 57 2. At all times material to this Indictment CRAIG STANFORD EURY, JR., was a resident of Moore County, North Carolina, in the Middle District of North Carolina. 3. At all times material to this Indictment, CRAIG EURY, JR., held the primary ownership interest in ILMC. Prior to April 2008, CRAIG STANFORD EURY, JR., was the president of ILMC. CRAIG STANFORD BURY, JR., founded in 1994. 4. At all times material to this Indictment, CRAIG STANFORD BURY, JR., exercised control over the management and finances of ILMC. During the times material to this Indictment, CRAIG STANFORD EURY, JR., directed funds in excess of one million dollars to be withdrawn from the bank account of ILMC for his personal use and benefit. 5. At all times material to this Indictment, SARAH ELIZABETH FARRELL was a ?resident of Moore County, North Carolina, in the Middle District of North Carolina. 6. From April 2008 to the present, SARAH ELIZABETH FARRELL was the President of ILMC. In this role, SARAH ELIZABETH FARRELL maintained her office and place of business at the of?ices of ILMC in vase, Moore County, North Carolina, in the Middle District of North Carolina. Prior to April 2008, Case Document 1 Filed 01/31/14 Pace 2 of 57 SARAH ELIZABETH FARRELL was the Vice President of Operations of ILMC, and worked under the direction of CRAIG STANFORD EURY, JR. 7. From April 2008 to the present, SARAH ELIZABETH as President of ILMC, was responsible for' thex daily operations of ILMC, which included contact with ILMC client companies, supervision. and training of employees in. the preparation of Visa Petitions, and preparation of Visa Petitions. 8. At all times material to this indictment, the United States Department of labor was an agency within the executive branch of the United States with the duty of enforcing the labor laws of the United States, including wage and hour laws and laws regarding the employment of temporary alien workers within the United States. 9. At all times material to this Indictment, United States Citizenship and Immigration Services as part of the Department of Homeland Security, was an agency within the executive branch of the government of the United States with the duty of enforcing and administering the immigration and citizenship programs of the United States, including the approval of Visas. 10. At all times material to this Indictment, the United States Department of State was an agency mdthin the executive Case Document 1 Filed 01/31/14 Pace 3 of 57 branch of the government of the United States with the duty of regulating the issuance of passports and visas for entry into the United States, including the issuance of Visas for the entry of alien temporary workers into the United States. THE VISA PROCESS 11. The non~agricultural worker program is administered by the United States Department of Labor and USCIS. The HWZB program allows United States employers to fill specific temporary nonagricaltural jobs. For an employer to qualify for non-immigrant classification, 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 job can be described as permanent or temporary. The employer?s need is considered temporary if it is a one?time 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 able, willing, or qualified and available to do the temporary work; and c. the employment of alien. workers will not adversely affect the wages and working conditions of similarly employed United States citizen workers. Case Document 1 Filed 01/31/14 Pace 4 of 57 12. The 1-1?28 Visa program carries a statutory numerical limit,.or ?cap,? which provides that no more than 66,000 aliens may be issued a Visa classification during any fiscal year. 13. Before requesting classification from USCIS, an employer seeking workers must first submit an Application for Foreign Temporary Labor Certification, known as a Form 750 (prior to January 2009), or as a Form (after January 2009), to the Department of Labor. The completed 750 or must describe the number of jobs to be filled and the specific nature, dates, and location of the jobs that the workers will perform in the United States. The employer must demonstrate in the or that it has conducted recruitment efforts in the geographical area of proposed employment and has not found United States citizen workers willing to perform the work set forth and described in the or at the prevailing wage for that area. After review of the or the Department of Labor issues a Final Determination Letter indicating whether an employer?s application has been approved or denied. This certification may not be transferred to another employer. 14. Both. the ETAM7SO and the require that the employer certify under penalty of perjury that the information provided is true and accurate. The Department of Labor relies Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Pace 5 of 57 on the factual accuracy of the 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 or is true and accurate. The Department of Labor will not review or approye an or that is not certified by the employer under penalty of perjury. 15. After the Department of Labor has issued a Final Determination Letter certifying an employer for use of workers for specified jobs and job locations, the employer must Submit 51 Form 1?129, ?Petition for NOnimmigrant Worker,? with USCIS to obtain approval for issuance of Visas. As with the and the Form I~l29 requires the employer to describe the number of jobs to be filled, the number of Visas requested for alien temporary workers, and the specific nature and location of the jobs that the workers will perform in the United States. The employer must attach the Certified or to the 1?129 petition. 16. The Form 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 this regard, USCIS relies on the Case Document 1 Filed 01/31/14 Pace 6 of 57 signature of the employer certifying that the Form is true and accurate. USCIS will run; review cm: approve 23 Form 1?129 that is not certified by the employer under penalty of perjury. 17. Upon USCIS approval of a Form 1~129, USCIS issues an approval notice informing the employer that its petition. has been. approved. and the Visas may be applied. for? at the United States Consulate. 18. The actual Visa is issued to the alien worker after approval by the ?nited. States consulate just prior to entering the United States. The Visa bears the following information: a. The name and picture of the alien worker; b. The 1?129 petition number under which USCIS approved issuance of the Visas; and c. The name of the employer for which USCIS approved issuance of the ?Visa. and. the :client. worker? is authorized to enter the United States and work for at the location and the times set forth in the Form 1?129 and approved by users. 19. workers who are already in the United States may change employers only if the new employer files a new Form 1?129 with USCIS. The workers may not begin work with a new Case Document 1 Filed 01/31/14 Pace 7 of 57 employer until the new Form is approved by USCIS authorizing the client workers to change employers. 20. An employer who employs workers must notify USCIS if the employment ends more than thirty days before the end of the approved employment term. 21. The IH~2AL.Agricultural. worker' program is; administered by the United States Department of Labor and USCIS. The program is similar to the program for non~agricultaral temporary workers in that it allows employers to obtain alien Workers for specific temporary' agricultural jobs. The application process for the program is generally similar with the exception that there is no cap on Visas. OBJECTS OF THE CONSPIRACY 22. From the period in or about December 2006, and continuing through the date of April 1, 2013, the exact dates to the Grand Jurors unknown, in the County of Moore, in the Middle District of North Carolina, and elsewhere, CRAIG STANFORD BURY, JR., SARAH ELIZABETH FARRELL, and others, both known and unknown to the Grand Jurors, knowingly and unlawfully combined, conspired and agreed together and with other persons: a. To defraud the United' States of America concerning one cm: more of its lawful government functions and rights, that is: Case Document 1 Filed 01/31/14 Pace 8 of 57 1. To' defraud the United States by impeding, impairing, and obstructing the lawful governmental function of the Department of Labor to administer, regulate and enforce the regulations and laws relating to the implementation of the non~immigrant Visa program} 2. To defraud the United States by impeding, impairing and obstructing the lawful governmental functions of USCIS to administer, regulate and enforce violations, regulations and laws relating to the hiring, employment and presence of aliens in the United States; 3. To defraud the United States by impeding, impairing and obstructing the lawful government function of the Department of Labor to ensure that American. workers are not harmed by the entry of alien workers into the job market in the United States both in pmotecting the availability of jobs for American workers and in ensuring the provision of fair wages for American workers; and 4. To defraud the United States by impeding, impairing and obstructing the lawful government function of the State Department to nmmitor and regulate the issuance of HE2B Visas at United States consulates. b. For the purpose of commercial advantage and private financial gain, to encourage and induce aliens to come, Case Document 1 Filed 01/31/14 Pace 9 of 57 enter, and reside in the United States, in knowing and in reckless disregard of the fact that such coming to, entry, and residence in the United. States was in violation of law, in violation of Title .8, United States Code, Section 1324 (A) (iv) .: c. To use false and fraudulent means, and to otherwise obtain, use and attempt to use Visas for entry into the United States by fraud, in 'violation of Title 18, United States Code, Section 1546(a). d. To knowingly engage and attempt to engage in menetary transactions by and through a financial institution affecting interstate and foreign commerce, in criminally derived property of a value greater than $10,000.00, being the proceeds of a specified illegal activity, that is, visa fraud, in violation of Title 18, United States Code, Section 1546(a), and inducing' aliens to enter' and. reside in the 'United. States in knowing and reckless disregard that such entry and residence was in violation of the law, in violation of Title 8, United States Code, Section all in violation of Title 18, United States Code, Section 1957. MANNERS AND MEANS OF THE 23. At all times during the conspiracy, CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL did direct and control 10 Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Pace 10 of 57 the operations of ILMC. This direction. included. instructing ILMC employees on the HHZB Visa application. process and the preparation of Department of Labor and USCIS forms and petitions. 24. It. was 51 further? part of the conspiracy? that CRAIG STANFORD EURY, JR., directly" profited from. the operations of ILMC. Between November 2009 and October 15, 2012, CRAIG STANFORD EURY, JR., directed that ILMC disburse $1,120,000.00 to him for his personal use and benefit. 25. It ?was 51 further? part of the conspiracy' that CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL, through ILMC, falsely petitioned for and obtained extra Visas above and beyond the actual needs of their client employers for the purpose of creating pools of extra Visas. CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL falsely obtained and used such falsely obtained extra Visas for the financial benefit of ILMC, CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL by fraudulently allowing employers who could not otherwise obtain Visas due to the operation of the cap to use the Visas to bring alien workers into the United States under the pretense they were going to work for the employer for whom the Visas had been approved, and in? allowing ILMC 1x) obtain Visas 11 Case Document 1 Filed 01/31/14 Pace 11 of 57 prior to the cap being reached, thereby denying such Visas to other employers or competing agents. 26. It. was 21 further? part. of the conSpiracy' that CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL, through ILMC, falsely and fraudulently represented to the Department of Labor and USCIS that their client employers had jobs for workers in greater numbers than actually needed by the client employer. 27. It ?was 51 further' part. of the conspiracy' that CRAIG STANFORD BURY, JR. and SARAH ELEZABETH FARRELL, through ILMC, falsely and fraudulently instructed clients that they needed to petition for Visas above and beyond their actual needs to ensure that they would be approved for the excess HH2B Visar, which CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL, through ELMO, would then fraudulently use to enter alien workers in to the United States for other client employers or otherwise use to benefit themselves. 28. It. was ex further? part of the conspiracy' that CRAIG STANFORD BURY, JR., and SARAH ELEZABETH FARRELL caused ILMC to charge client employers based on ranges of numbers of Visas sought rather than actual numbers sought (for example, one charge for petitions for between one and ten Visas rather than for seven Visas), thereby encouraging client employers to seek l2 Case Document 1 Filed 01/31/14 Pace 12 of 57 more Visas than was necessary and to petition for numbers of Visas in excess of their actual needs. 29. It was a further part of the conspiracy that SARAH ELIZABETH FARRELL, through ILMC, instructed Client employers to represent to the Department of Labor and USCIS that jobs for Hm 2B workers began at times different from. the times that the workers would actually be needed, 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. 30. It. was 61 further? part. of the conspiracy? that SARAR ELIZABETH FARRELL 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 for? winter seasonal jobs, suctt as snowmakers. These ?winter companies," however, were actually created for the pmrpose of obtaining Visas prior to the cap being reached and thereby facilitating the admission of alien. workers into the United States in order to work in other spring and summer jobs. 31. It. was 51 further? part. of the conspiracy' that SARAH ELIZABETH FARRELL falsely. instructed at least one client employer that they could obtain alien workers by, falsely? claiming that such workers were needed for agricultural work, 13 Case Document 1 Filed 01/31/14 Pace 13 of 57 thereby obtaining H-ZA Visas to avoid the cap. SARAH ELEZABETH FARRELL further instructed this client employer that the client employer could then employ those workers in positions. 32. It 'was 51 further? part. of the conspiracy' that SARAH ELIZABETH FARRELL directed ILMC employees to prepare false petitions for workers, knowing that the need of the client employers for Visas was merely a ruse and. pretense to obtain entry for alien workers into the United States in order to take employment positions. 33. It. was er further? part. of the conspiracy' that SARAH ELEZABETH FARRELL ,through ILMC, prepared and caused to be prepared false and fraudulent Forms purporting to ?change? employers for alien workers admitted into the United States under Visas, although those alien workers had in fact never worked in positions, as SARAH ELIZABETH FARRELL then well knew, and had been admitted tx) the United States for an employer under the false pretense that the alien workers were needed for jobs. 34. It. was 51 further? part of the conspiracy? that CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL, through ILMC, did prepare and file Forms I~l29 with false and misleading job 14 Case Document 1 Filed 01/31/14 Pace 14 of 57 descriptions for the purpose of inducing USCIS to approve Visa petitions. 35. It was a further part of the conspiracy that CRAEG STANFORD BURY, JR. and SARAH ELIZABETH FARRELL, through ILMC, used extra Visas obtained over and above the needs of employers by providing them to other client employers who were not able to obtain Visas due to the operation of the cap. 36. It 'was 51 further? part of the conspiracy' that CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL, through ILMC, did instruct alien workers to cross into the United States under the pretense that said workers would be working for the client employer under whose name the ?extra? Visas had been obtained, when, in fact, as CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL then well knew, the alien workers would be working with a different client employer, all in reckless disregard that those alien workers would be working in violation of their Visas in violation of law. 37. It, was 51 further" part. of the conspiracy* that CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL, through ILMC amd its employees, did falsely and fraudulently inform client employers that ii: was legal for alien workers to 1x3 admitted into the United States as working for the client employer under whose name the extra Visas had been obtained if the alien 3.5 Case Document 1 Filed 01/31/14 Pass 15 of 57 workers worked for a token period of two weeks for said client employer. 38. CRAIG STANFORD BURY, JR., and SARAH ELIZABETH FARRELL encouraged the practice described in Paragraph 37 for the purpose of creating a record that alien workers had worked at the original petitioning client employer, thereby misleading the Department of Labor and USCIS that the alien workers had been admitted into the United States to work at their documented employmeat locations when CRAEG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL intended at all times to have those alien workers admitted to the United States for another employer who was legally barred from obtaining Visas by operation of the cap. 39. It. was 51 further" part. of the conspiracy' that SARAH ELEZABETH FARREUL and ILMC employees acting at Inn: 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 I actually worked with employers under whose names Visas had- been. obtained. and. pursuant to ?which. those {alierL workers ?were admitted into the United States. 40. It. was 51 further? part. of the conspiracy' that SARAH ELIZABETH FARRELL and ILMC employees acting an: her direction, 16 Case Document 1 Filed 01/31/14 Pace 16 of 57 did instruct and encourage client employers receiving alien workers ?who ?were admitted. into- the ?United .States under? other employers? ?Risas to reimburse the employers under? whose names the workers had been admitted to the United States for the costs of employing the alien workers for two weeks. 41. It 'was 51 further? part. of the conspiracy' that CRAIG STANFORD EURY, JR. and SARAH ELIZABETH FARRELL, through 32me and. its employees, did. file false ,and fraudulent Forms Z~i29 seeking changes of employer for workers fraudulently admitted to the United States under other employers? Visas, thereby falsely representing that the workers were changing employers, when, in fact, as CRAIG STANFORD RURY, JR., and SARAH ELIZABETH FARRELL then. well knew, the alien. workers had not worked for the original employers or had only worked for those employers for a token period to mislead USCES and the Department of Labor. CRAIG STANFORD EURY, JR., SARAH ELIZABETH FARRELL and ILMC employees acting at their direction filed these false and fraudulent petitions as a pretense to mislead the Department of Labor and USCIS and to conceal the fact that the workers had been admitted into the United States under the original employers? Visas in violation of law. CRAIG STANFORE EURY, JR., SARAH ELIZABETH FARRELL and ILMC employees acting at their direction then charged the new employers for filing the ?change? 1'7 Case Document 1 Filed 01/31/14 Pace 17 of 57 petitions, thereby allowing ILMC ix; profit twice In; filing a second petition for the same alien workers. 42. It ?was a; further' part of the conspiracy' that CRAIG STANFORD EURY, JR., and SARAH ELIZABETH FARRELL, through ILMC, required that client employers provide CRAIG STANFORD EURY, JR., or SARAH ELIZABETH FARRELL with permission to sign their officers? names to various documents required to be filed in the 8?28 application process, including Department of Labor documents and Forms I?l29. CRAIG STANFORD BURY, JR., and SARAH ELIZABETH FARRELL did :not inform client employers that CRAIG STANFORD BURY, JR., SARAH ELIZABETH FARRELL or an ILMC employee operating at their direction would place 51 false signature of the officers of client employers onto certifications made under the penalty of perjury, thereby falsely representing to the Department of Labor and USCIS that the officer had reviewed the document. and. certified. that. it. was accurate ?under? penalty" of perjury. 43. It ?was as further? part of the conSpiracy' that CRAEG STANFORD BURY, JR., SARAH ELZZABETH FARRELL and ILMC employees acting? at their? direction. placed. the false signatures (n5 the names of officers of client employers onto certifications made under the penalty of perjury on and forms and Forms thereby falsely representing to the Department of 18 Case Document 1 Filed 01/31/14 Pace 18 of 57 Labor? and. USCIS that the jpetitions had. been. certified 1x3 be factually accurate by the petitioning employer, when, in fact, as CRAIG STANFORD BURY, JR. and SARAH ELIZABETH FARRELL then well knew, the client employer had not reviewed the petitions and the petitions often contained false and fraudulent representations, including inflated numbers of ?makers needed, false job start dates and incorrect job descriptions. 44. It ?was 51 further' part of the conspiracy' that CRAIG STANFORD EURY, JR., SARAH ELIZABETH FARRELL and ILMC employees acting? at their direction failed. to jprovide client employers with copies of Forms 1?129 filed and prepared on their behalf by ILMC, even when client employers requested copies of the Forms for their records. 45. It 'was 51 further? part of the conspiracy' that CRAIG STANFORD EURY, JR., SARAH ELIZABETH FARRELL and ILMC employees acting' at their' direction instructed. client employers to conduct interviews for United States citizen workers in such a manner as to suppress the hiring of Snited States citizen workers, thereby allowing ILMC to profit from filling the jobs with workers while depriving United States citizen workers of the opportunity to secure those jobs. 46. It was 51 further? part of the conspiracy' that SARAH ELIZABETH FARRELL and ILMC instructed client companies to hire 19 Case Document 1 Filed 01/31/14 Pace 19 of 57 ?token? United States citizen workers to appear to be engaged in the good faith hiring of United States citizen workers. OVERT ACTS 47. To accomplish the objects of the conspiracy, CRAIG STANFORD EURY, JR., SARAH ELIZABETH FARRELL and others performed and caused to be performed the following overt acts in Moore County, in the Middle District of North Carolina, and elsewhere. 48. On or about June 28, 2006, CRAIG STANFORD BURY, JR., filed, or caused the filing of by employees of ILMC, a Form 129, petition. number~ for 110 H-ZB 'Visas on behalf of Best Landscape, LLC, such petition bearing the false signature and. certification. of an. officer? of Best Landscape, LLC, whose initials are W.T. 49. On. or about January' 15, 2007, CRAIG- STANFORD EURY, JR., filed, or caused the filing of by employees of ILMC, a Form I~l29, petition number for eighty visas on behalf of Landscape Maintenance, LLC, such petition bearing the false signature and certification of an officer of Landscape Maintenance, LLC, whose initials are W.T. 50. On or about April l, 2008, SARAH ELIZABETH FARRELL instructed an ELMO client whose initials are M.M. that he could avoid the operation of the Visa cap and obtain workers for Miller?s Restaurant in Kill Devil Hills, North Carolina, by 20 Case Document 1 Filed 01/31/14 Pace 20 of 57 petitioning for agricultural Visas for the restaurant workers under the pretense that they were needed for agricultural work at a hunting farm in Fairfield, North Carolina, owned by Loumac, LLC. SARAH ELIZABETH FARRELL advised M.M. that the alien workers could then be transferred to Visas once they had entered the United States under the pretense that they were needed for farm work. 51. On or about April 2, 2008, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 750 on. behalf of Loumac, LLC, falsely' stating that ten jobs existed for alien workers at the Loumac, LLC, farm in Fairfield, North Carolina, when in fact the intent was to obtain Visas to allow restaurant workers to enter the United States. 52. On or about April 22, 2008, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition. number? for ten. Visas on behalf of Loumac, LLC, under the false pretense that such Visas were needed for alien workers at the Loumac, LLC, farm in Fairfield, North Carolina, when, in fact, the alien workers were never intended to work at the farm. 53. On or about May 18, 2008, SARAH ELIZABETH FARRELL, or an ILMC employee acting at her direction, instructed M.M. that the alien workers who entered the United States under the 21 Case Document 1 Filed 01/31/14 Pace 21 of 57 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 in Kill Devil Hills at Miller?s Restaurant in disregard of their status as agricultural workers. 54. On or about June 3, 2008, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition number on behalf of Miller?s Restaurant falsely stating that the alien workers who entered the United States under Visas obtained under 1?129 petition were ?changing? employers to Miller?s Restaurant, when, in fact, they had never worked as farm workers and had been working out of visa status at Miller?s Restaurant since entering t?ma United States under the pmetense that they were agricultural workers. 55. (ml or about April 28, 2008, SARAH ELIZABETH FARRELL directed that five alien workers enter the United States using ?extra? Visas obtained for Carefree Service Company, Boone, North Carolina, under the pretense that they were intended to work for Carefree Service Company in Boone, North Carolina, when, in fact, they were intended to work for Southeast Woodland Service, Inc in Conway, South Carolina, which company was then barred by operation of the cap from obtaining Visas. SARAH 22 Case Document 1 Filed 01/31/14 Pace 22 of 57 ELIZABETH FARRELL further directed that the alien workers proceed to 'work for Southeast Woodland Services, Inc., after working for a token two~week period at Carefree Services Company to create the impression that the workers had actually entered the United States to work at Carefree Service Company. 56. On. or' about July 10, 2008, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition number on behalf of Southeast Woodland Service, Inc., falsely stating that five alien workers who entered the United States under ?extra? Visas obtained for Carefree Service Company were ?changing? employers to Southeast Woodland Services, Inc., when, in fact, they had entered the United States for the: purpose of working for Southeast Woodland Services, Inc. 57. Sometime in either June or July 2008, SARAH ELIZABETH FARRELL met with an ILMC client whose initials are S.P. to discuss the creation. of ?winter? companies to allowr S.P. and ILMC to bring alien workers into the United States prior to the Operation (Hi the cap. To achieve this goal, S.P. created a ?winter? company, Winterscapes, LLC. 58. Sometime in either June or July 2008, S.P. contacted SARAH ELEZABETH FARRELL to determine how 1nany? Visas he could request for Winterscapes, LLC, for the purpose of entering 23 Case Document 1 Filed 01/31/14 Pace 23 of 57 alien workers into the United States prior to the operation of the cap. SARAH ELIZABETH FARRELL instructed S.P. that he could request as many workers as he wanted, as Winterscapes, LLC, was a start?up company. SARAH ELIZABETH FARRELL did not inform S.P. that he could only legally petition for alien workers that were actually needed for specific positions at Winterscapes, LLC, and which could not be filled with American workers. Based on SARAH ELIZABETH instructions, S.P. requested that ILMC petition for 150 snowmakers despite the fact that S.P. knew that jobs in North Carolina only existed for approximately twenty- five snowmakers. 59. On or about July 8, 2008, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition. number which. petition. falsely stated that Winterscapes, LLC, had jobs for 150 alien workers as snowmakers, such petition bearing the false signature and certification of an officer of Winterscapes, LLC, whose initials are S.P. SARAH ELIZABETH FARRELL knew at the time of the filing of the above petition that the large majority of the ?snowmakers" would be used to work at other jobs once they entered the United States under Visas obtained for Winterscapes, LLC. 24 Case Document 1 Filed 01/31/14 Pace 24 of 57 60. On or about December 16, 2008, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 2? 129, petition. number for ten. 'Visas on behalf of Arbor Lawns, Inc., Orchard Park, New York, such petition. bearing the false signature and. certification. of an officer of Arbor Lawns, Inc., whose initials are G.B., and falsely claiming that Arbor Lawns, Inc., needed ten alien workers, when, in fact, the company" had :need. for' only three alien workers. 61. On or about March 24, 2009, SARAH ELIZABETH FARRELL, or an ELMO employee acting at her direction, directed that three alien workers enter the United States using ?extra? Visas obtained for Arbor Lawns, Inc., Orchard Park, New York, without the knowledge of such company, under the pretense that they were intended tx> work for Arbor Lawns, in Orchard Park, New York, as landscape workers, when, in fact, they were intended to work for R.H. Loven Company as concrete plant workers in Pineola, North Carolina, which company was then barred by operation of the cap from obtaining Visas. SARAH ELIZABETH RARRELL, or an ILMC employee at her direction, further directed. that the alien. workers proceed. directly' to Pineola, North Carolina, without working for Arbor Lawns, Inc., in New York. 25 Case Document 1 Filed 01/31/14 Pace 25 of 57 62. On or about March 24., 2009, SARAH ELIZABETH FARRELL, or an ILMC employee acting at her direction, directed that an alien enter the United States using an ?extra? Visa obtained for Arbor Lawns, Inc., Orchard Park, New York, without the knowledge of such company, under the pretense that the alien worker was intended tx: work for Arbor Lawns, Inc., in cnchard Park, New York, as a landscape worker, when, in fact, the alien worker was intended to work as a hotel worker for Harborside Motel in Ocracoke, North Carolina, which company was then barred by operation of the cap from obtaining Visas. SARAH ELIZABETH FARRELL, cu: an ELMO employee acting at Emu? direction, further directed that the ?worker? proceed. directly? to Ocracoke, North Carolina, without working for .Arbor Lawns, Inc., in Orchard Park, New York. 63. On or about March 1, 2009, SARAH ELIZABETH FARRELL instructed an officer of Silverwater Traders, LLC, in Ocracoke, North Carolina, whose initials are K.S., that Silverwater Traders, LLC, could use em: Visa ckmained 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 in Ocracoke, North Carolina. 26 Case Document 1 Filed 01/31/14 Pace 26 of 57 64. On or about March 1., 2009, SARAH ELIZABETH FARRELL instructed K.S. that Harborside Motel could reimburse Silverwater Traders, LLC, for the expenses of bringing the alien worker into the United States for the benefit of Harborside Motel. 65. On or about March 24, 2009, SARAH ELIZABETH FARRELL, or an ILMC employee acting at her direction, directed that an alien enter the United States using an ?extra? Visa obtained for Silverwater Traders, LLC, is Ocracoke, 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 Harborside Motel in Ocraooke, North Carolina, which company was then barred by operation of the cap from obtaining Visas. SARAH ELIZABETH FARRELL further directed that the alien worker proceed to work for Harborside Motel after working for a token two-week period at Silverwater Traders, LLC, to create the impression that the workers had actually entered the United States to work at Silverwater Traders, LLC. 66. On or about March 26, 2009, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition number on behalf of Best Landscape, Inc., Beach, South Carolina, falsely stating 2'7 Case Document 1 Filed 01/31/14 Pace 27 of 57 that sixty?six alien workers who entered the United States under an Visas obtained for Winterscapes, LLC, Boone, North Carolina, under the pretense that they would be working as snowmakers intended to work at North Carolina ski resorts, were ?changing? employers to Best Landscape, Inc., to work as landscape workers, 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 Winterscapes, LLC, as snowmakers in. North. Carolina. or? had. worked. for? Winterscapes, LLC, for only a token period. 67. On or about April 17, 2009, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition number on behalf of Harborside Motel, Ocracoke, North Carolina, falsely stating that an alien worker who entered the United States under an ?extra? Visa obtained for Silverwater Traders was ?changing? employers to Harborside Motel, Ocracoke, North Carolina, when, in fact, the alien worker had entered the United States for the sole purpose of working for Harborside Motel and had worked for Silverwater Traders only for a token period for which Harborside Motel had reimbursed Silverwater Traders. 68. On or about June 8, 2009, SARAH ELIZABETH FARRELL communicated by e?mail with an officer of R.H. Loven Company 28 Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Pace 28 of 57 whose initials are J.L. and informed. J.L. that ?there ?was a transfer in the works from. another" one of our' clients, Arbor Lawns, to your company.? SARAH ELIZABETH FARRELL further informed {Lin in the evmail 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? was filed with USCIS. SARAH ELIZABETH FARRELL further informed J.L. that R.H. Loven Company would need to submit two weeks of payroll evidence showing that the three alien workers had actually" worked. for .Arbor? Lawns for' no less than two 'weeks. SARAH ELIZABETH FARRELL further advised J.L. that she could put J.L. in touch with Arbor Lawns, Inc. 69'. On or about June 8, 2009, SARAH ELIZABETH FARRELL and 3.L. further conversed by telephone. SARAH ELIZABETH FARRELL suggested to J.L. that R.H. Loven Company and Arbor Lawns, Inc., could reach an. arrangement in which R.H. Loven Company would transfer funds to Arbor Lawns, Inc., for payroll for the alien workers so that Arbor Lawns, Inc., could then issue payroll checks to the alien workers creating the pretense that the alien workers were employed by Arbor Lawns, Inc. 70. On or about July 8, 2008, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition number which. petition falsely 29 Case Document 1 Filed 01/31/14 Pace 29 of 57 stated that Winterscapes, LLC, had jobs for 246 alien workers as janitors, such petition bearing the false signature and certification of an officer of Winterscapes, LLC, whose initials are S.P. SARAH ELIZABETH FARRELL knew at the time of the filing of the above petition that the majority of the ?janitors? would be used. to work at other jobs once they? entered. the United States under Visas obtained for Winterscapes, LLC. 71. Following approval of 51 Rome petitidn number S.P. contacted SARAH ELIZABETH FARRELL and informed her that he did not have need for the majority of the 246 Visas obtained under a Form I?l29, petition number S.P. asked SARAH ELIZABETH FARRELL if the unneeded Visas could be returned to USCIS. SARAH ELIZABETH FARRELL informed S.P. that there was no procedure for return of 1-1?28 Visas. SARAH ELIZABETH FARRELL did not contact USCIS to inform the United States that a Form petition number 09?201?51107 had contained an inflated request for Visas. 72. On or about June 8, 2009, SARAH ELIZABETH FARRELL contacted an cificer of Arbor Lawns, Inc., whose initials are J.B., by telephone and requested. that J.B. alloW' R.H. Loven Company to use ?extra? Arbor Lawn Visas to bring workers into the United States. .After being told by JZB. that Arbor Lawns, Inc., did not consent the use of any ?extra? Arbor 30 Case Document 1 Filed 01/31/14 Pace 30 of 57 Lawn Visas by RHH. Loven Company, SARAH ELIZABETH FARRELL requested that J.B. speak with a representative of RHH. Loven Company directly. The officers of Arbor Lawns, Inc., were unaware of the existence of ?extra? Arbor Lawn Visas prior to SARAH ELIZABETH telephone call to J.B. 73. Sometime in either June or July 2009, the officers of Arbor Lawns, Inc., and R.H. Loven Company 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. Thereafter, R.H. Loven Company directed the three alien workers to return to Mexico. 74. On or about August 2009, SARAH ELIZABETH FARRELL informed J.L. at R.H. Loven Company by e~mail that USCIS had not issued all of the 66,000 Visas for fiscal year 2009 and therefore Visas were available for employers. Also on or about August 7, 2009, J.L. responded by e?mail to SARAH ELIZABETH FARRELL and requested that SARAH ELIZABETH FARRELL- ?Please apply for the three that we had to send back to Mexico to return 75. On or about August 13, 2009, SARAH ELIZABETH FARRELL, after being instructed by J.L. to petition ?or three alien workers on behalf of R.H. Loven Company, filed, or caused the 31 Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Pace 31 of 57 filing of by employees of ILMC, a Form 1?129, petition number which petition falsely stated that R.H. Loven Company had jobs for ten aliens workers and falsely requesting that ten Visas be issued, such petition bearing the false signature and certification of an officer of R.H. Loven Company whose initials are R.L. 76. On or about July 9, 2009, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition. number? on. behalf of Southeast Woodland Service, Inc., falsely stating that five alien workers who entered the United States under ?extra? Visas obtained for Woods Plus, Inc., in Lugoff, South Carolina, were ?changing? employers tx> Southeast. Woodland. Services, Inc., Conway, South Carolina, when, in fact, they had entered the United States for the purpose of working for Southeast Woodland, Services, Inc., and had worked only for a token period at Woods Plus, Inc. 77. On or about December 16, 2008, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition number EAC for thirtyweight Visas on. behalf of EnvirowScapes, LLC, Nashville, Tennessee, such petition bearing the false signature and certification of an officer of Enviro~Scapes, LLC, whose initials are M.R., and falsely claiming need of t??ity~eight alien workers, when, in 32 Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Pace 32 of 57 fact, the company had need of less than thirty alien workers and could not employ or house alien workers in excess of thirty. '78. On or about January 8, 2010, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form_I~ 129, petition number for thirty?two Visas on behalf of Enviro?Scapes, LLC, Nashville, Tennessee, such petition. bearing the false signature and. certification. of an officer? of Enviro~Scapes, Inc., whose initials are and falsely claiming need of thirty?two alien. workers, when, in fact, the company had need of less than thirty alien workers and could not employ or house alien workers in excess of thirty. '79. On or about January 3.4, 2011, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition number for thirtyufour Visas on behalf- of Enviro-Scapes, LLC, Nashville, Tennessee, such petition. bearing the false signature and. certification. of 'an officer of Enviro?Scapes, Inc., whose initials are 1M.R., and falsely claiming need. of thirtwaour? alien. workers, when, in fact, the company had need of less than thirty alien workers and could not employ or house alien workers in excess of thirty. 80. On or about March 14, 2012, SARAH ELIZABETH FARRELL tiled, or caused the filing of by employees of ILMC, a Form 129, petition number for thirty~five HHZB 33 Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Paoe 33 of 57 Visas on behalf of Enviro~Scapes, LLC, Nashville, Tennessee, such petition bearing the false signature and certification of an officer of Enviro?Scapes, LLC, whose initials are M.R., and falsely? claiming' need. of thirty~five alien. workers, when, in fact, the company had need of less than thirty alien workers and could not employ or house alien workers in excess of thirty. 81. On or about February 7, 2013, SARAH ELIZABETH FARRELL filed, or caused the filing of by employees of ILMC, a Form 129, petition number for thirty?five Visas on behalf of Enviro?Scapes, LLC, Nashville, Tennessee, such petition bearing the false signature and certification of an officer of Enviro~Scapes, LLC, whose initials are M.R., and falsely? claiming? need of thirty?five alien. workers, when, in fact, the company had need of less than thirty alien workers and could not employ or house alien workers in excess of thirty. 82. During? the course of the conSpiracy, STANFORD EURY, JR., directed employees of ILMC to disburse funds directly to than for his personal use and benefit, including the funds derived from the conspiracy to defraud the United States, fraudulently obtain_H?2B Visas and encourage the entry into and residence of aliens in the United States in knowing and reckless disregard that such entry and residence was in violation of law. CRAEG STANFORD EURY, JR., directed ILMC employees to C?sburse 34 Case Document 1 Filed 01/31/14 Pace 34 of 57 ILMC funds to him on the following dates and in the following amount 11/20/2009 $70,000_ 1/07/2010 $100,000 3/22/2010 $200,000 12/31/2010 $200,000 6/23/2011 $100,000 11/03/2011 $200,000 5/22/2012 $150,000 8/22/2012 $100,000 10/23/2012 $100,000 Total $1,120,000 All in violation of Title 8, United States Code, Sections and Title 18, United States Code, Sections 371 and 2. COUNTS TWO THROUGH TEN 1. Paragraphs One through Eightwawo of Count One of the :Indictment are hereby re?alleged and incorporated by reference ;as if set forth in full herein. 35 Case Document 1 Filed 01/31/14 Pace 35 of 57 2. From on or about April 23, 2008, continuing up to and including on or about May 18, 2008, the exact dates to the Grand Jurors unknown, in the County of Moore, in the Middle District of North Carolina, SARAH ELEZABETH FARRELL and ILMC, for commercial advantage and private financial gain, did encourage and induce certain aliens, being aliens with the initials E.C.G., J.C.G., A.E.M., M.G.R., E.L.S., O.L.L., R.E.R.T. and. O.T.M., as set forth in the Counts below, to enter? and reside in the United States by fraudulently obtaining Visas allowing than to be admitted to enter the united States under the false pretense that agricultural jobs existed for said aliens in Fairfield, North Carolina. The aliens as described above were admitted into the United States pursuant to the Visas ix: work agricultural jobs in Eeirfield, North Carolina, but were then directed by SARAH ELIZABETH FARRELL and ILMC to travel to Kill Devil Hills, North Carolina, to work at Miller?s Restaurant. in. violation. of their? status, knowing earl in reckless disregard that the coming to, entry, and residence in the United States of the said aliens was in violation of law. COUNT ALIEN 2 E.C.G. 3 J.C.G. 36 Case Document 1 Filed 01/31/14 Pace 36 of 57 C.E.M 5 A.E.IVI 6 M.G.R '7 E.L.S 8 O.L.L 9 R.E.R.T. lO All in violation of Title 8, [Rated States Code, Section 1324(a)(1)(A)(iv), and and Title 18, United States Code, Section 2. COUNTS ELEVEN THROUGH FIFTEEN IL. Paragraphs One through Eightwawo of Count One are hereby reualleged and incorporated by reference as if set forth in full herein. 2. From on or about December 29, 2007, continuing up to and including on or about November 30, 2008, the exact dates to the Grand Jurors unknown, in the County of Moore, in the Middle District of North Carolina, SARAH ELIZABETH FARRELL and ILMC, for commercial advantage and private financial gain, did encourage and induce certain aliens, being aliens with the initials N.L.A.G., F.C.C., P.H.F.C., O.P.C. and J.L.C.P. as 3'7 Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Pace 37 of 57 forth in the Counts below, to enter and reside in the United States by seeking the admission. of the said. be procured by means of a false statement, and otherwise procured by fraud and unlawfully obtained, in that SARAH ELKZABETH FARRELL and ILMC submitted. and caused to Ibe submitted. a Form. I-129 for' alien workers and attached 51 Department (n3 Labor Application for Temporary Labor Certification, in each of which SARAH ELIZABETH FARRELL and ILMC claimed, and caused to be claimed, that ten aliens were needed to work and would work as landscape workers at Arbor Lawns, Inc., Orchard Bark, New York, when in fact, as SARAH ELIZABETH FARRELL and ILMC then well knew, jobs as landscape workers did not exist for the ten alien workers at Arbor Lawns, Inc., Orchard Park, New Yerk, which company only had need for three alien workers. SARAH ELIZABETH FARRELL and TLMC intended to take and send approximately seven of the alien 46 Case Document 1 Filed 01/31/14 Pace 46 of 57 workers who were admitted into the United States on the fraudulently obtained Visas to work for other ILMC clients for the gain and profit of SARAH ELIZABETH FARRELL and ILMC. With respect to the Form 1?129 for alien workers and attached Application for Temporary Labor Certification described above, SARAH ELIZABETH FARRELL and ILMC placed and caused to be placed a forged and false certification under penalty of perjury of the operator of Arbor Lawns, Inc., whose initials are G.B., certifying that the Form for alien workers and attached Application for Temporary Labor Certification were true and accurate, when in fact, as SARAH ELIZABETH FARRELL and ELMC then well knew, G.B. had not certified the Form 1?129 for alien workers and attached Application for Temporary Labor Certification and the information contained 1J1 the Ebrm for alien workers and attached Application for Temporary Labor Certification was not true and accurate. All in violation of Title 18, United States Code, Sections 1546(a) and 2. COUNT l. Paragraphs One through Eightwawo of Count One are hereby rewalleged and incorporated by reference as if set forth in full herein. 4'7 Case Document 1 Filed 01/31/14 Pace 47 of 57 2. On or about April 6, 2009, in the County of Moore, in the Middle District of North Carolina, SARAH ELEZABETH FARRELL and ELMO knowingly used false and fraudulent means to obtain, use and attempt to use nonwimmigrant Visas, to wit: sixty~ six alien worker Visas for entry into the United States that SARAH ELIZABETH FARRELL and ILMC then. well knew to be procured by means of a false statement, and otherwise procured by fraud and unlawfully obtained, in that SARAH ELIZABETH FARRELL and ILMC submitted and caused to be submitted a Form Iw 129 for alien workers and attached a Department of Labor 9142 Application for Temporary Labor Certification, in each of which SARAH ELIZABETH FARRELL and ILMC claimed, and caused to be claimed, that alien workers were changing employment from Winterscapes, LLC, in Boone, North Carolina, in Form I~l29, petition to Best Landscapes, Inc., Beach, South Carolina, when, in fact, as SARAH ELIZABETH FARRELL and ILMC then well knew, these alien workers were admitted into the United States on falsely obtained Visas under the pretense that the alien. workers would. work. for? Winterscapes, LLC, Boone, North. Carolina, when instead, as SARAH FARRELL and ILMC also then well knew, the alien workers did in fact work for Best Landscapes, Inc., Beach, South Carolina, on golf courses in South Carolina and Georgia without 48 Case Document 1 Filed 01/31/14 Pace 48 of 57 working for Winterscapes, LLC, Boone, North Carolina. With respect to the Form I~l29 for alien workers and attached Department of Labor Application. for Temporary Labor Certification described above, SARAH ELIZABETH FARRELL and ILMC placed and caused to be placed a forged and false certification under penalty of perjury of an officer of Best Landscapes, Inc., whose initials are W.T., certifying that the Form I~l29, petition was true and accurate, when, in fact, as SARAH ELIZABETH FARRELL and ILMC then well knew, W.T. had not certified the Form petition and the information. contained the iForm jpetition. 51524, was not true and accurate. All in violation of Title 18, United States Code, Sections i546(a) and 2. COUNT THIRTY NINE l. Paragraphs One through Eight?Two of Count One are hereby re?alleged and incorporated by reference as if set forth in full herein. 2. On or about July 14, 2009, in the County of Moore, in the Middle District of North Carolina, SARAH ELIZABETH FARRELL and ILMC knowingly used false and fraudulent means to obtain, use and attempt to use non~immigrant Visas, to wit: five 2B alien. worker' Visas for entry into the United. States that 49 Case Document 1 Filed 01/31/14 Pace 49 of 57 SARAH ELIZABETH FARRELL and ILMC then knew to be procured by means of a false statement, and otherwise procured by fraud and unlawfully obtained, in that SARAH ELIZABETH FARRELL and ILMC submitted and caused to be submitted a Form I?l29 for alien workers and attached a Department of Labor Application for Temporary Labor Certification, in each of which SARAH ELIZABETH FARRELL and ILMC claimed, and causedto be claimed, that five aliens were changing employment from Woods Plus, Inc., Lugoff, South Carolina, in Form 1?129, petition to Southeast Woodlands, Inc., Lugoff, South Carolina, when in fact, as SARAH ELIZABETH FARRELL and :12me then well knew, these five alien workers were admitted into the United States on ?extra? Visas obtained for Woods Plus, Inc., Lugoff, South Carolina, for the purpose of working for Southeast Woodlands, Inc., Conway, South Carolina. With respect to the Form for alien workers and attached Department of Labor ETAeSl-sz Application for Temporary Labor Certification described above, SARAH ELIZABETH FARRELL and ILMC placed and caused to be placed a false certification under penalty of perjury of the Operator of Southeast Woodlands, Inc., whose initials are M.M., certifying that the Form l~129 for alien workers and attached bepartment of Labor Application for Temporary Labor Certification were true and accurate, when, in fact, as SARAH 50 Case Document 1 Filed 01/31/14 Pace 50 of 57 ELZZABETH FARRELL and ILMC then well knew, M.M. had not certified the Form Iw129 for alien workers and attached Department of Labor Application. for Temporary Labor Certification and the information contained in the Form for alien workers and attached Department of Labor Application for Temporary Labor Certification was not true and accurate. All in violation of Title 18, United States Code, Sections 1546(a) and 2. COUNT FORTY l. Paragraphs One through Eightwawo of Count One are hereby re?alleged and incorporated by reference as if set forth in full herein. 2. On or about August 13, 2009, in the County of Moore, in the Middle District of North Carolina, SARAH ELIZABETH FARRELL and ILMC knowingly used false and fraudulent means to obtain non~immigrant Visas, to wit: ten alien worker Visas for entry into the United States that SARAH ELIZABETH FARRELL and ELMO then well knew to be pmcmured by means of a false statement, and otherwise procured by fraud and unlawfully obtained, in that SARAH ELIZABETH FARRELL and ILMC submitted and caused to be submitted a Form 1-129 for alien workers and attached a Department of Labor Application for Temporary 51 Case Document 1 Filed 01/31/14 Pace 51 of 57 Labor Certification, in both of which SARAH ELIZABETH FARRELL and ILMC claimed, and caused to be claimed, that ten alien workers were needed to work and would work at R.H. Loven Company, Pineola, North Carolina, when in fact, as SARAH ELIZABETH FARRELL and ILMC then well knew, ten jobs for concrete workers did not exist for said aliens at R.H. Loven Company, and SARAH ELIZABETH FARRELL and ILMC intended to take and send seven of said aliens who were admitted into the United States on the fraudulently obtained Visas to work for other ILMC clients for the gain and profit of SARAH ELIZABETH FARRELL and ELMC, and otherwise retain the HMZB Visas for the own gain and benefit of SARAH ELIZABETH FARRELL and ILMC. With respect to the Form Iw i29 for alien workers and attached Application for Temporary Labor Certification described above, SARAH ELIZABETH FARRELL and ILMC placed and caused ix: be placed a forged and false certification under penalty of perjury of the operator of R.H. Loven Company, whose initials are R.L., certifying that the Form for alien workers and attached Application for Temporary Labor Certification were true and accurate, when, in fact, as SARAH ELIZABETH FARRELL and ILMC then well knew, R.H. had. not certified. the Form I~l29 for- alien. workers and attached Application for Temporary labor Certification and the information contained in the Form for alien 52 Case Document 1 Filed 01/31/14 Pace 52 of 57 workers and attached Application. for Temporary Labor Certification was not true and accurate. All in violation of Title 18, United States Code, Sections 1546(a) and 2. COUNT FORTY ONE 1. Paragraphs lOne through. Eighty?1am) of Count. One are hereby re~alleged and incorporated by reference as if set forth in full herein. 2. From on or about October 1, 2009, continuing up to and including on or about October 23, 2009, the exact dates to the Grand. Jurors unknown, in. the County? of Moore, in. the IMiddle District of North Carolina, and elsewhere, SARAH ELIZABETH FARRELL and ILMC did knowingly engage and attempt to engage in a monetary transaction, by and through a financial institution affecting interstate and foreign commerce in criminally derived property of Ia value greater than $10,000.00, that is, the deposit, withdrawal, and exchange of funds as follows: the deposit of CareFree Management, Inc., check number 7853 in the amount of $14,000.00 into the account of ILMC at First Bank of Vase, and the transfer of $20,000.00, which included the $14,000.00 as described above, on October 23, 2009, to the First Bank of Vass account ending in 8260, being the ILMC payroll and federal withholding account, such property having been derived 53 Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Pace 53 of 57 from a specified unlawful activity, to wit: visa fraud, in violation of Title 18, United States Code, Section 1546(a). All in violation of Title 18, United'States Code, Sections 1957 and 2. Forfeiture Allegations l. The allegations contained in Counts One through Forty~ One of this Indictment are hereby realleged and incorporated by reference for the purpose of alleging forfeiture pursuant to Title 8, United States Code, Section l324(b)(l) and Title 18, United States Code, Section 982(a). 2. Pursuant to Title 8, United States Code, Section 1324(b)(l), upon conviction of an offense in violation of Title 8, United States Code, Section 1324(a), as alleged in Object Two of Count One [11 21.13.] as to defendants came STANFORD EURY, JR., SARAH ELIZABETH FARRELL, and ILMC, and Counts Two through Thirty~Six as tx> defendants SARHH ELIZABETH and ILMC, the defendants shall forfeit to the United States of America any conveyance, including any vessel, vehicle, or aircraft, that has been cm: is being used le the commission (Hi the violations of which the defendants are convicted, the gross proceeds of such violations, and. any" property traceable to such. conveyance or proceeds. 54 Case Document 1 Filed 01/31/14 Pace 54 of 57 3. Pursuant to Title 18, United States Code, Section 982(a)(6), upon conviction of an offense in violation of Title 8, United States Code, Section 1324(a) or Title 18, United States Code, Section 1546, as alleged in Object Three of Count One 21.0.] as to defendants CRAIG STANFORD BURY, JR., SARAH ELIZABETH FARRELL, and ILMC, and Counts Two through Forty~One as to defendants SARAH ELIZABETH FARRELL and ILMC, the defendants shall forfeit to the United States of America: I any conveyance, including any vessel, vehicle, or aircraft used in the commission of the offense of which the defendant is convicted; and (ii) any property, real or personal~~ (D that constitutes, cm: is derived from or is traceable to the proceeds obtained directly or indirectly from the commission. of the offense of which the defendant is convicted; or GD that is 'used tc: facilitate, or is intended to be used. to facilitate, the commission of the offense of which the defendant is convicted. 55 Case Document 1 Filed 01/31/14 Pace 55 of 57 4. Pursuant to Title 18, United States Code, Section 982(a)(1), upon conviction of an offense in violation of Title 18, ?nited States Code, Section 1957, as alleged in as alleged in Object Four of Chant One HI 2141A as to defendants CRAIG STANFORD BURY, JR. SARAH ELIZABETH FARRELL, and ILMC, and Count Forty?One as to defendants SARAH ELZZABETH FARRELL and ILMC, the defendants shall forfeit to the 'United. States of .America. any property; real cm: personal, involved. in. such. offense, any property traceable to such property. 5. The property to be forfeited includes, but is not limited to, a sum of money equal to not less than $1,120,000.00 in 8.5. currency, representing the total amount forfeitable as a result of such offenses. 6. If any of the property described above, as a result of any act or omission of the defendants: a. cannot be located upon the exercise of due diligence; b. has been transferred. or sold to, or deposited with, a third party; c. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or 56 Case 1:14-cr-00039-WO Document 1 Filed 01/31/14 Pace 56 of 57 e. has been commingled with other property which cannot be divided without difficulty, the United States of America shall be entitled to forfeiture of substitute property pursuant to Title 21, United States Code, Section 853(p), as incorporated by Title 18, United States Code, Section 982(b)(l) and Title 28, United States Code, Section 2461(c). All pursuant to Title 8, United States Code, Section 1324(b)(l), Title 18, United States Code, Sections 982(a)(1) and Rule Federal Rules of Ckiminal Procedure, and Title 28, United States Code, Section 2461(0). A TRUE BILL: 4A J. JR. ASSISTANT UNITED STATES ATTORNEY .. 1 /2 RI if ITED STA A TORNEY 57 Case Document 1 Filed 01/31/14 Pace 57 of 57