IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLIN iN IHIS OFFICE Clerk U. 5. District Cum -. UNITED STATES OF AMERICA SUPERSEDING v. CRAIG STANFORD EURY, JR. lzl4CR39-l HARRY LEE WICKER, JR. KENNETH W. WHITE The Grand Jury charges: COUNT ONE CONSPIRACY TO DEFRAUD THE UNITED STATES BACKGROUND INFORMATION 1. At all times material to this Indictment, INTERNATIONAL LABOR MANAGEMENT CORPORATION was a corporation organized under the laws of the State of North Carolina v?jji its headquarters emui place (If business jJ1 Vass, Moore County, North Carolina, in the N?ddle 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. 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. Case Document 35 Filed 09/30/14 Page 1 of 68 3. At all times material to this Indictment, CRAIG STANFORD BURY, JR., held the primary ownership interest in ILMC. Prior to April 2008, CRAIG STANFORD EURY, JR., was the President of ILMC. CRAIG STANFORD EURY, JR., founded ILMC in 1994. 4. At all times material to this Indictment, CRAIG STANFORD EURY, 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the times material to this Indictment, CRAIG STANFORD EURY, JR., directed funds in excess of one million dollars to be withdrawn from the bank account of ILMC for his personal use and benefit. 5.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, an individual whose initials are was a .resident of lMoore County, North Carolina, in the Middle District of North Carolina. 6. Front April 2008 to the present, S.E.FH was and. has remained the President of ILMC. In this role, S.E.F. maintained and maintains her office and place of business at the offices of ILMC in Vass, Moore County, North Carolina, in the Middle District of North Carolina. Prior to April 2008, S.E.F. 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, S.E.F., as President of ILMC, was and is responsible for the daily operations of Case Document 35 Filed 09/30/14 Pace 2 of 68 ILMC, which included and includes contact with ILMC client companies, supervision and. training of ILMC employees in the preparation of Visa Petitions and preparation of Visa Petitions. 8. At all times material herein, North Carolina Growers Association was a North Carolina non?profit corporation organized under the laws of the state of North Carolina with its office and place of business in Vass, Moore County, North Carolina. NCGA is in the business of obtaining agricultural workers for its member farmers. 9. Pursuant to the North Carolina Non?Profit Corporation Act at North Carolina General Statutes Section officers of a North Carolina nonwprofit corporation owe a duty of good faith to the non?profit corporation and its members. 10. At all times 1naterial. to this Indictment, LEE WICKER, JR., was a resident of Moore County, North Carolina, in the Middle District of North Carolina, and served as a Imputy Director* of IMXHX with 51 duty (If good. faith ix) NCGA enmi its members. HARRY LEE WICKER, JR., also served as a consultant for ILMC. 11. At all times material to this Indictment, KENNETH W. WHITE: was ea resident of lMoore County, North. Carolina, in ?the Middle District of North Carolina, and served as a Deputy Case Document 35 Filed 09/30/14 Page 3 of 68 Director of NCGA with a duty of good faith to NCGA and its members. 12. At all times material to this Indictment, CRAIG STANFORD EURY, JR., served as Executive Director of NCGA with a duty of good faith to NCGA and its members. 13. At all times material to this Indictment, Consular Solutions, Inc. was a corporation formed under the laws of the Nation of Mexico with its primary office and place of business in Monterrey, Mexico. CSI was in the business of recruiting Mexican workers to work in the United States. 14. At all times material to this Indictment, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE exercised control over the finances and operations of CSI. 15. At all times material to this Indictment, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE concealed. their control of CSI from. NCGA. and its members in violation of their duty of good faith to NCGA and its members. 16. At all times material to this Indictment, APPLICATION SERVICES AND ADMINISTRATIVE PROGRAM, LLC was a limited liability company created under the laws of the state of Delaware with its office and place of business in Amherst, Virginia. 17. In January 2009, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE directed the incorporation of Case Document 35 Filed 09/30/14 Page 4 of 68 ASAP. From January 2009 to present, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE have served and are serving as members of ASAP and exercised control over the finances and operations of ASAP. 18. At all times :material to 'this Indictment, The iLabor Company was ea corporation organized under the laws of the state of Virginia with its office and place of business in Amherst, Virginia. TLC was jJ1 the business of pmeparing and submitting petitions on behalf of client companies to the United States government for temporary alien workers under the Visa program and the agricultural visa program. 19. At all times material to this Indictment, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE exercised control over the finances and operations of TLC. 20. 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. 21. 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 Case Document 35 Filed 09/30/14 Page 5 of 68 duty of enforcing and administering the immigration and citizenship programs of the United States, including the approval of Visas. 22. At all times material to this Indictment, the United States Department c?f State was EH1 agency within the executive 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 H-ZA AND H-2B VISA PROCESS 23. The non?agricultural worker program is administered by the United States Department of Labor and USCIS. The program allows United States employers to fill specific temporary non?agricultural 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 jobs can be described, as jpermanent 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; Case Document 35 Filed 09/30/14 Page 6 of 68 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. 24. The 'Visa, program. 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. 25. 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 locations 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 Case Document 35 Filed 09/30/14 Page 7 of 68 employer?s application has been approved or denied. If approved, this certification may not be transferred to another employer. 26. 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 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 is 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. 27. 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 Fornl 1?129, ?Petition. for? Nonimmigrant. Worker,?' with USCIS 1x3 obtain approval for issuance (Hf Visas. As with the and the Form 1?129 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 locations of the jobs that the workers will perform in the United States. The employer must attach the certified or to the 1?129 petition. Case Document 35 Filed 09/30/14 Page 8 of 68 28. The Form I-129 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 signature of the employer certifying that the Form I?l29 is true and accurate. USCIS will not review or approve 51 Form 1?129 that is not certified by the employer under penalty of perjury. 29. 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. 30. The actual Visa is issued. to an alien worker after approval by the United, 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 Visa; and c. The name of the employer for which USCIS approved issuance of the 'Visa and for the client worker is authorized to enter the United States and work for at the location and the dates set forth in the Form 1?129 and approved by USCIS. Case Document 35 Filed 09/30/14 Page 9 of 68 31. 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 USCIS. The workers may not begin work with new employers until new Forms 1?129 are approved by USCIS authorizing the client workers to change employers. 32. An employer who employs workers must notify USCIS if the employment for any worker ends more than thirty days before the end of the approved employment term. 33. The agricultural worker' progranl is administered by the United States Department of Labor and USCIS. The program. is similar to the H-2B program for non?agricultural temporary workers in that ii: allows employers to obtain alien workers for specific temporary agricultural jobs. The application process for the program is generally similar to that (If the prograHI except 'that 'there .is YK) cap CH1 Visas. 34. _The program also requires that the employer submit a Form 1?129 to USCIS. The Form in an case also requires that the employer certify under penalty of perjury that the information provided is true and accurate. USCIS relies on the factual accuracy of aa Form [?129 in making the determination of whether an application is apprOved or denied in the same manner as an application. 10 Case Document 35 Filed 09/30/14 Page 10 of 68 FOREIGN WORKER FEES 35. Prior to January 2009, recruiters and agents were not prohibited. fronl charging' foreign. workers seeking' HHZA employment ea fee as ea condition of offer of ffi?l and employment in the United States. 36. Prior to January 2009, CSI, at the direction of and for the benefit of CRAIG STANFORD EURY, JR., HARVEY LEE WICKER, JR., and KENNETH W. WHITE, did require foreign workers to pay a fee as a condition of their offer of and H-2B employment in the United States. A large portion of this fee was then transferred by CSI to accounts in the United States controlled by CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE for their personal use and benefit. 37. From ?ll or about 2006 to ill or about January 2009, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE directed NCGA to pay an $80.00 per worker fee to C81 for recruiting fees without revealing to NCGA and its members that CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE would, personally' benefit. fronl payment of these fees in violation of their duty of good faith to NCGA and its members. CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE converted. approximately fifty' percent of these fees to their own use and benefit. 11 Case Document 35 Filed 09/30/14 Paoe 11 of 68 38. Effective in January 2009, the United States Department of Homeland Security promulgated regulations 8 C.F.R. and 20 C.F.R. 655.135(j) and which prohibited a facilitator, recruiter, or similar employment service from charging a fee from workers as a condition of the offer of obtaining or employment. OBJECTS OF THE CONSPIRACY 39. From in or about December 2006, continuing up to and including (H1 or about 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 EURY, JR., HARRY LEE WICKER, JR., KENNETH W. WHITE 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. CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., KENNETH UL WHITE and S.E.F.: to defraud the United States of America concerning one or more of its lawful government functions and rights, that is: i. 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 12 Case Document 35 Filed 09/30/14 Page 12 of 68 regulations and laws relating to the implementation of the H-ZA and non?immigrant Visa programs; ii. 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; To defraud. the United States by impeding, impairing' and. obstructing the lawful governmental 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 protecting the availability of jobs for United States citizen workers and in ensuring the provision of fair wages for United States citizen workers; and iv. To defraud. the United States by impeding, impairing' and, obstructing' the lawful governmental function. of the State Department to Inonitor? and regulate the issuance of Visas at United States consulates. OBJECT TWO: b. CRAIG STANFORD EURY, JR., and S.E.F.: for the purpose of commercial advantage and private financial gain, to encourage and. induce aliens 11) come, enter" and. reside jJ1 the United States, in knowing and in reckless disregard of the fact that such coming to, entry and residence in the United States 13 Case Document 35 Filed 09/30/14 Page 13 of 68 was in violation of federal law, to wit: Title 8, United States Code, Section 1324(a)(1)(A)(iv); OBJECT THREE: C. CRAIG STANFORD EURY, JR., and S.E.F.: 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). OBJECT FOUR: d. CRAIG STANFORD EURY, JR. and S.E.F.: to knowingly engage aHKi attempt 113 engage 1J1 monetary transactions km? 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, iJ1 violation (Hf 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 federal law, in violation of Title 8, United States Code, Section 1324(a)(1)(A)(iv); all in violation of Title 18, United States Code, Sections 1956(h) and 1957. MANNERS AND MEANS OF THE CONSPIRACY 40. At all times during the conspiracy, CRAIG STANFORD EURY, JR., and S.E.F. did direct and control the operations of 14 Case Document 35 Filed 09/30/14 Pace 14 of 68 ILMC. This direction included instructing ILMC employees on the H-2A and Visa application process and the preparation of Department of Labor and USCIS forms and petitions. 41. It was a further? part of the conspiracy 'that CRAIG STANFORD EURY, JR., directly' profited. from. the operations of ILMC. From in or about November 2009, the exact dates to the Grand Jurors unknown, up to and including on or about October 15, 2012, CRAIG STANFORD EURY, JR., directed that ILMC disburse approximately $1,120,000.00 to him for his personal use and benefit. 42. It was a further? part of the conspiracy' that CRAIG STANFORD BURY, JR., and S.E.F., 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 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. by fraudulently allowing employers who could not otherwise obtain H-2B Visas due to the operation of the cap to use Visas 11) bring alien workers into the United States under the pretense they were going to work for the employers for whom the Visas had been approved. Since ILMC falsely obtained Visas prior to the cap being reached, other 15 Case Document 35 Filed 09/30/14 Page 15 of 68 employer and competing agents were not able to obtain Visas. 43. It was a further" part of the conspiracy' that CRAIG STANFORD EURY, JR., and S.E.F., through ILMC, falsely and fraudulently? represented 11) the Department of ILabor? and IJSCIS that their client employers had jobs for workers in greater numbers than actually needed by the client employers. 44. 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 Visas above and beyond their actual needs to ensure that they would be approved for the excess Visas, which CRAIG STANFORD EURY, JR., and S.E.F., through ILMC, would then fraudulently use to enter alien workers into the United States for other client employers or otherwise use to benefit themselves. 45. It was a further part of the conspiracy' that CRAIG STANFORD EURY, JR., and S.E.F. cauSed ILMC to charge client employers based on ranges of numbers of Visas 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 Visas in excess of their actual needs. 16 Case Document 35 Filed 09/30/14 Page 16 of 68 46. It was a further part of the conspiracy that S.E.F., through ILMC, instructed client employers to represent to the Department of Labor and USCIS that jobs for workers began at times different from, those 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. 47. It was ea further part (If the conspiracy that 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. for? winter seasonal jobs, such. as snowmakers. These ?winter' companies,? however, were actually created for the purpose of obtaining Visas prior ix> the cap being reached, and thereby facilitated the admission of alien workers into the United States in order to work in other spring and summer jobs. 48. It was 51 further part of the conspiracy that S.E.F. falsely instructed EN: least (Hue client employer that ii: could obtain alien workers by falsely claiming that such workers were needed for agricultural work, thereby obtaining Visas to avoid the cap. S.E.F. further instructed this client employer that the client employer could then employ those workers in positions. 17 Case Document 35 Filed 09/30/14 Page 17 of 68 49. It was a further part of the conspiracy that S.E.F. 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. 50. It was a further part of the conspiracy that S.E.F., through ILMC, prepared and caused to be prepared false and fraudulent Forms 1?129 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 S.E.F. then well knew, and had been admitted to the United States for employers under the false pretense that the alien workers were needed for jobs. 51. It was a further' part of the conspiracy 'that CRAIG STANFORD EURY, JR., and S.E.F., through ILMC, did prepare and file Forms with false and misleading job descriptions for the purpose of inducing USCIS to approve Visa petitions. 52. It. was a further' part of the conspiracy ?that CRAIG STANFORD EURY, JR., and S.E.F., through ILMC, used extra Visas obtained over and above the needs of employers by providing Visas to other client employers who were not able to obtain Visas due to the operation of the cap. l8 Case Document 35 Filed 09/30/14 Page 18 of 68 53. It was a further? part of the conspiracy' 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 knew, the alien workers would be working with different client employers, all in reckless disregard that those alien workers would be working i11 violation. of ?their' ?Visas and ill violation. of law. 54. It. was a further? part of the conspiracy' that CRAIG STANFORD EURY, JR., and S.E.F., through ILMC and its 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 names the extra 2B Visas had been obtained ii? the alien workers worked for a token period of two weeks for said client employers. 55. It. was a further' part of the conspiracy' that CRAIG STANFORD EURY, JR., and S.E.F. maintained the practice described in Paragraphs 53 through 54 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 locations, when CRAIG 19 Case Document 35 Filed 09/30/14 Page 19 of 68 STANFORE) EURY, JR., and. S.E.F. intended an: all. times 113 have those alien workers admitted to the United States for other employers who were legally barred from obtaining Visas by operation of the cap. 56. It was ea further part 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. 57. It was ea further part the conspiracy that S.E.F. 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. 58. 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 HWZB Visas of other employers, thereby falsely 20 Case Document 35 Filed 09/30/14 Page 20 of 68 representing that the workers were changing employers, when, in fact, as CRAIG STANFORD EURY, JR., and S.E.F. then well knew, the alien workers had not worked for the original employers or had only worked for those employers for token periods to mislead USCIS and the Department of Labor. CRAIG STANFORD EURY, JR., S.E.F. 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 STANFORD EURY, JR., S.E.F. and ILMC employees acting at their direction then charged the new employers for filing the ?change? petitions, thereby allowing ILMC to profit twice by filing additional petitions for the same alien workers. 59. It. was a further? part of the conspiracy? that CRAIG STANFORD EURY, JR., and S.E.F., through ILMC, required that client employers provide CRAIG STANFORD EURY, JR., ?or S.E.F. with permission to sign their officers? names to various documents required to be filed in the and HHZB application process, including' Department of ILabor? documents and. Forms 129. CRAIG STANFORD EURY, JR., and S.E.F. did not inform client employers that CRAIG STANFORD EURY, JR., S.E.F. or an ILMC employee acting at their direction would place false signatures of the officers of client employers onto certifications made 21 Case Document 35 Filed 09/30/14 Page 21 of 68 under the penalty perjury, thereby falsely representing to the Department of Labor and USCIS that the officers had reviewed the documents and certified that they were accurate under penalty of perjury. 60. It was a further. part of the conspiracy that CRAIG STANFORD EURY, JR., S.E.F. and ILMC employees acting at their direction placed the false signatures of the names 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, as 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 (If workers needed, false job start dates, incorrect job descriptions and inaccurate rates of pay and benefits. 61. It. was a further? part of the conspiracy' that CRAIG STANFORD EURY, JR., S.E.F. and ILMC employees acting at their direction placed false signatures of the officers of client employers onto certifications on Forms I?l29 made under the penalty of perjury when the officers had not given permission to sign the officers? names. 22 Case Document 35 Filed 09/30/14 Page 22 of 68 62. It was a further? part of the conspiracy that CRAIG STANFORD EURY, JR., S.E.F. and ILMC employees acting at their direction failed to provide client employers with copies of Forms I?l29 filed and pmeparad on their behalf by ILMC, even when client employers requested copies of the for their records. 63. It. was a further" part of the conspiracy 'that CRAIG STANFORD FURY, 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 United 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. 64. It was 23 further part the conspiracy 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. 65. It was a further part of the conspiracy that, to avoid losing their lucrative per?worker fee due to the promulgation of new regulations barring the charging of worker fees as a condition of and employment, CRAIG STANFORD FURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE formed .ASAP to collect the fee from. ILMC and.'ILC employer clients under the 23 Case Document 35 Filed 09/30/14 Page 23 of 68 false pretense that ASAP was collecting a $99.00 per?worker fee charged by C81 in Mexico, when in fact the $99.00 fee supposedly charged by ASAP included approximately fifty percent mark?up to allow CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE to recoup the fees previously charged to workers as ea condition (Hf their H?2A_anmi employment, but now barred by the United States Department of Homeland Security. 66. It, was a further? part of the conspiracy that CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE directed ASAP to bill for and collect from ILMC and TLC client employers a $99.00 fee under the false pretense that such fee was a recruiting fee charged in Mexico by CSI, when as CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE then well knew, the fee was inflated to include monies directly for the benefit of CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE, which fees were previously collected from workers as ea condition (n5 employment prior to such practice being? prohibited. by the United States Department of Homeland Security. 67. It. was a further? part of the conspiracy' that CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE directed ASAP to threaten ILMC and TLC clients with cancellation of' workers if 'the $99.00 .ASAP fee was not. paid 133 even though CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and 24 Case Document 35 Filed 09/30/14 Page 24 of 68 KENNETH W. WHITE knew ASAP had no legal authority to determine who the United States, through its agencies, issued visas for entry into the United States. 68. It. was a further? part of the conspiracy 'that CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE knowingly concealed their interest in and control of TLC, ASAP and, CSI from. clients by instructing S.E.F., ILMC and TLC to represent that each was a separate and autonomous, third?party entity, when in fact, as CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH 9L WHITE then well knew, ILMC, TLC, ASAP and. CSI were controlled. and directed. by CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE. 69. It was a further part of the conspiracy that in February 2009, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE directed that NCGA pay ASAP an $80.00 per worker fee purportedly charged. by? CSI, despite the fact that NCGA was not in violation of the new regulations and was already making payments directly to CSI. CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE concealed from NCGA and its members that they would. use ASAP to convert 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. 25 Case Document 35 Filed 09/30/14 Page 25 of 68 OVERT ACTS 70. To accomplish the objects of the conspiracy, CRAIG EURY, JR., S.E.EH and. divers other? persons performed and. caused 1x3 be ;performed "the following' overt acts in [Moore County, in the Middle District of North Carolina, and elsewhere. 71. On or about June 28, 2006, CRAIG STANFORD EURY, JR., filed, or caused the filing of by employees of ILMC acting at his direction, a Ebrm 1?129, petition number for 110 Visas on behalf of Best Landscape, LLC, Beach, South Carolina, such petition bearing the false signature and certification of EH1 officer of Best Landscape, LLC, whose initials are W.T. 72. On or about January 15, 2007, CRAIG STANFORD EURY, JR., filed, or caused the filing of by employees of ILMC acting at his direction, a Form petition number 52319, for eighty Visas on behalf of Landscape Maintenance, LLC, Savannah, Georgia, such petition bearing the false signature and certification of an officer' of Landscape Maintenance, LLC, whose initials are W.T. 73. On. or about January 29, 2007, CRAIG STANFORD EURY, JR., filed, or caused the filing by employees of ILMC, a Form 129, petition number for ten HH2B Visas on behalf of Sunland Fire Protection, Inc., High Point, North Carolina, where such petition bearing the false signature and 26 Case Document 35 Filed 09/30/14 Page 26 of 68 certification. of EH1 officer? of Sunland. Fire Protection, Inc., 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 workers and. was seeking employees to work as pipe-fitters at aa higher rate of pay than that represented on the Form 1?129. 74. On or about January 29, 2007, CRAIG STANFORD EURY, JR., filed, or caused the filing by employees of ILMC acting at his direction, ea separate Form. 1?129, petition. number' 082?50914, 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, Inc., 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 workers and. was seeking employees to work: as pipe? fitters at a higher rate of pay than represented on the Form 1? 129. 75. On or about April 1, 2008, S.E.F. instructed an ILMC 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 jpetitioning? for agricultural Visas for restaurant workers under the pretense that they were needed for agricultural work at a hunting farm in 27 Case Document 35 Filed 09/30/14 Page 27 of 68 Fairfield, North Carolina, owned by Loumac, LLC. S.E.F. advised M.M. that time alien workers could final be transferred t1) Visas once they had entered the United States under the pretense that they were needed for farm work. 76. On or about April 2, 2008, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form 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 fraudulently obtain Visas to allow workers to enter the United States, not for agricultural work, but for work in a restaurant. 77. On cm: about..April. 22, 2008, S.E.F. filed, caused the filing of by employees of ILMC acting at her direction, a Form I?l29, petition number for ten Visas (n1 behalf' of ILoumac, LLC, under 'the false pretense that such ?Visas were .needed. for? alien. workers at ?the ILoumac, LLC, farm. in Fairfield, North Carolina, when, in fact, the alien workers were never intended to work at the farm. 78. On or about May 18, 2008, S.E.F., or an ILMC employee acting at her direction, instructed M.M. that the alien workers who entered the United States under the Visas falsely obtained tjuxnn?i petition did.1nyt have to report to the Loumac, LLC, farm in Fairfield, North Carolina, but could instead immediately begin work at Miller?s Restaurant 28 Case Document 35 Filed 09/30/14 Page 28 of 68 in Kill Devil Hills, North Carolina, in disregard of their status as agricultural workers. 79. On or about June 3, 2008, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form 1?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 1-129 petition were ?changing? employers to Miller?s Restaurant, when, in fact, those alien workers had never worked fann workers and had beer: working out of visa status at ?Miller?s Restaurant since entering the United States under the pretense that they were ZA agricultural workers. 80. On or about April 28, 2008, S.E.F. 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 at that time barred by operation of the cap from obtaining Visas. S.E.F. 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 29 Case Document 35 Filed 09/30/14 Page 29 of 68 that the workers had actually entered the United States to work at Carefree Service Company. 81. On or about July 10, 2008, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, 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? 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. 82. On or about July 18, 2008, S.E.F. filed, or caused the filing by employees of ILMC acting at her direction, a form 129, petition number for eighteen 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 landscape workers, when in fact Sunland Fire Protection, Inc., employed no landscape workers and was seeking employees to work as pipe?fitters at a higher rate of pay than represented on the petition. 83. 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 30 Case Document 35 Filed 09/30/14 Page 30 of 68 into time United States prior ix) the operation the cap. To achieve this goal, S.P. created a ?winter? company, Winterscapes, LLC, in Boone, North Carolina. 84. In or about June or July 2008, S.P. contacted S.E.F. to determine how many Visas he could request for Winterscapes, LLC, for the purpose of entering alien workers into the United States prior to the operation of the cap. S.E.F. instructed S.P. that he could request as many workers as he wanted, as Winterscapes, LLC, was a start?up company. S.E.F. 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 United States citizen workers. Based (n1 S.E.F.'s 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. 85. On or about July 8, 2008, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form 1?129, petition number which petition falsely stated that Winterscapes, LLC, Boone, North Carolina, 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. S.E.F. knew at the time of the filing of the above petition that the large majority' of the 31 Case Document 35 Filed 09/30/14 Page 31 of 68 ?snowmakers? would. be used. to work at other jobs once they entered the United States under Visas obtained for Winterscapes, LLC. 86. On or about December 16, 2008, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form petition number for ten Visas CH1 behalf (Hf 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. 87. On or about March 24, 2009, S.E.F., or an ILMC 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 to work for Arbor Lawns, Inc., 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. S.E.F., or an ILMC employee acting at her direction, further directed that the alien workers 32 Case Document 35 Filed 09/30/14 Page 32 of 68 proceed directly to Pineola, North Carolina, without working for Arbor Lawns, Inc., in Orchard Park, New York. 88. 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? 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 ix) work for Arbor Lawns, Inc., in Orchard 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. S.E.F., or an ILMC employee acting at her direction, further directed that the worker proceed directly to Ocracoke, North Carolina, without working for Arbor Lawns, Inc., in Orchard Park, New York. 89. On or about March 1, 2009, S.E.F. instructed an officer of Silverwater Traders, LLC, in Ocracoke, North Carolina, whose initials are K.S., that Silverwater Traders, LLC, could use 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 in Ocracoke, North Carolina. 33 Case Document 35 Filed 09/30/14 Page 33 of 68 90. On or about March 1, 2009, S.E.F. 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. 91. 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? Visa obtained for Silverwater Traders, LLC, jJ1 Ocracoke, North. Carolina, under? the jpretense 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 Ocracoke, North Carolina, which company was then barred by operation of the cap front obtaining 'Visas. 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 Traders, LLC, to create the impression that the worker had actually entered the United States to work at Silverwater Traders, LLC. 92. On about Dkux?i 26, 2009, S.E.F. filed, (N: caused the filing of by employees of ILMC acting at her direction, a Form 1?129, petition number on behalf of Best Landscape, Inc., Beach, South Carolina, falsely stating that sixty?six alien workers who entered the United States under Visas obtained for Winterscapes, LLC, Boone, North Carolina, under the pretense that they would be working as 34 Case Document 35 Filed 09/30/14 Page 34 of 68 snowmakers 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 (Hf working' for' Best Landscape, Inc., and Shad either never worked for Winterscapes, LLC, as snowmakers in North Carolina or had worked for Winterscapes, LLC, for only a token period. 93. On or a?xn?: April 17, 2009, S.E.F. filed, (If caused the filing of by employees of ILMC acting at her direction, a Form 1?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. 94. On or about June 8, 2009, S.E.F. communicated by e?mail with. an officer? of? R.H. Loven Company, Pineola, North Carolina, 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.? S.E.F. further informed J.L. in the e?mail that the ?transfer? had not gone through and 35 Case Document 35 Filed 09/30/14 Page 35 of 68 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. S.E.F. 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. S.E.F. further advised J.L. that she could put J.L. in touch with Arbor Lawns, Inc. 95. On or about June 8, 2009, S.E.F. and J.L. had a conversation by telephone. S.E.F. 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 alierl workers so ?that .Arbor' Lawns, Inc., could then issue payroll checks to the alien workers, thereby creating the pretense that the alien workers were employed by Arbor Lawns, Inc. 96. On or about July 8, 2008, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form 1?129, petition number which petition falsely stated that Winterscapes, LLC, Boone, North Carolina, 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. S.E.F. knew at the time of the filing of the above petition that the majority of the ?janitors? 36 Case Document 35 Filed 09/30/14 Page 36 of 68 would be used to work at other jobs once they entered the United States under Visas obtained for Winterscapes, LLC. 97. Following approval of the Winterscapes, LLC, Form 129, petition number S.P. contacted S.E.F. and informed her that he did not have need for the majority of the 246 Visas obtained under that petition. S.P. asked S.E.F. if the unneeded Visas could be returned to USCIS. S.E.F. informed. S.P. that. there 'was rm) procedure for return (If H-2B Visas. S.E.F. did not contact USCIS to inform the United States that a Eprm 1?129, petition number had contained an inflated request for Visas. 98. On or about June 8, 2009, S.E.F. contacted an officer of Arbor Lawns, Inc., Orchard Park, New York, 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 kn; J.B. that Arbor Lawns, Inc., did not consent to 11KB use of any ?extra? Arbor Lawn. ?Visas by? R.H. Loven. Company, S.E.F. requested that J.B. speak with a representative of R.H. Loven Company directly. The officers of Arbor Lawns, Inc., were unaware of the existence of ?extra? Arbor Lawn Visas prior to telephone call to J.B. 99. In or about June or July 2009, the officers of Arbor Lawns, Inc., and R.H. Loven Company agreed not to enter into an 37 Case Document 35 Filed 09/30/14 Page 37 of 68 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. 100. On or about August 7, 2009, S.E.F. 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 S.E.F. and requested that S.E.F. ?[p]lease apply for the three that we had to send back to Mexico to return 101. 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 caused the filing (Hf by employees (If ILMC acting an: her direction, a Form petition number which petition falsely stated that R.H. Loven Company had jobs for ten alien 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. 102. On or about July 9, 2009, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form I-129, petition number on behalf of Southeast 38 Case Document 35 Filed 09/30/14 Page 38 of 68 Woodland Service, Inc., Conway, South Carolina, 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 to Southeast Woodland Services, Inc., 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. 103. On or about December 16, 2009, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form 1?129, petition number EAC 09?057?50983, for thirtyueight 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?eight alien workers, when, in fact, the company had need of fewer than thirty alien workers and could not employ or house alien workers in excess of thirty. 104. On or about January 8, 2010, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form I-l29, petition number for thirty?two 2B 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 M.R., and 39 Case Document 35 Filed 09/30/14 Page 39 of 68 falsely claiming need of thirty?two alien workers, when, in fact, the company had need of fewer than thirty alien workers and could not employ or house alien workers in excess of thirty. 105. On or about January 14, 2011, S.E.F. filed, or caused the filing'cxf by employees ILMC acting an: her direction, a Form I-129, petition number for thirty?four ZB Visas on behalf of Enviro?Scapes, LLC, Nashville, Tennessee, such petition bearing the false signature and certification of an officer of Enviro?Scapes, 1nc., 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 workers and could not employ or house alien workers in excess of thirty. 106. On or about March 14, 2012, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form 1?129, petition number for thirty?five 2B 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 fewer than thirty alien workers and could not employ or house alien workers in excess of thirty. 107. On or about February 7, 2013, S.E.F. filed, or caused the filing of by employees of ILMC acting at her direction, a Form petition number for thirty?five 40 Case Document 35 Filed 09/30/14 Page 40 of 68 2B 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 fewer than thirty alien workers and could not employ or house alien workers in excess of thirty. 108. In or about the years 2009 through 2013, CRAIG STANFORD EURY, JR., LEE WICKER, JR., KENNETH UL WHITE, S.E.F., ILMC and TLC provided ILMC and TLC clients with written instructions to .pay 51 $99.00 per?worker fee ix) ASAP, falsely representing that the $99.00 fee was charged by CSI and collected by .ASAP, a thirdmparty' payment processing company, when iJl fact, as CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE then well knew, the $99.00 fee was not the fee charged by CSI but was inflated to include fees previously collected by CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE from workers in Mexico as a condition of obtaining work in the United States but now prohibited. by' law and. regulation, ?was controlled. by CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE. 109. In or about the years 2009 through 2013, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE directed NCGA to make payments to ASAP, when NCGA had no legal 41 Case Document 35 Filed 09/30/14 Page 41 of 68 or business need to make payments to ASAP and CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE directed that such payments be made to ASAP for the sole purpose of facilitating the conversion of NCGA funds to their own use in Violation of their duty of good faith to NCGA and its members. 110. In or about the years 2009 through 2013, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE directed ASAP to inform ILMC and TLC clients that their workers would be cancelled and not allowed to ?cross? into the United States if ASAP was not paid a $99.00 per?worker fee, supposedly charged by CSI, when in fact, as CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE then well knew, such fee was inflated to include fees previously collected by CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE from Mexican workers as ea condition of obtaining work in the United States but now prohibited by the United States Department of Homeland Security, and ASAP 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. 111. During the course of the conspiracy, CRAIG STANFORD EURY, JR., directed employees of ILMC to disburse funds directly tr) hiHl for? his personal use and. benefit, including' the funds derived from the conspiracy to defraud the United States, fraudulently obtain Visas, and encourage the entry into and 42 Case Document 35 Filed 09/30/14 Page 42 of 68 residence of aliens in the United States in knowing and reckless disregard that such entry and residence was in violation of law. CRAIG STANFORD EURY, JR., directed ILMC employees to c?sburse ILMC funds to him in the total amount of approximately $1,120,000.00. All in violation of Title EL United States Code, Section and Title 18, United States Code, Sections 371 and 2. COUNTS TWO THROUGH TEN 1. Paragraphs 1 through 111 of Count One are hereby re?alleged and incorporated by reference as if fully set forth herein. 2. On or about November 24, 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 Hwnetary transaction by and through a financial institution affecting interstate and fereign commerce 1J1 criminally?derived 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 and Trust checking account number in the name of Craig Stanford Eury, Jr., sudh property having kx%?l derived from.aa specified 43 Case Document 35 Filed 09/30/14 Page 43 of 68 unlawful United States activity, to wit: Code, Section visa fraud, 1546(a), in violation of Title 18, 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 8, United States law, in violation of Title 1324(a)(1)(A)(iv). COUNT DATE CHECK AMOUNT 2 11/24/2009 15674 $70,000 3 3/18/2010 16073 $100,000 4 10/6/2010 16379 $100,000 .5 12/30/2010 16510 $200,000 6 6/22/2011 16979 $100,000 7 11/2/2011 17133 $200,000 8 6/21/2012 17760 $150,000 9 8/21/2012 17856 $100,000 10 10/18/2012 17903 $100,000 All in violation of Title 18, 1957 and 2. Paragraphs COUNT ELEVEN 1 through of Count One Code, United States Code, are Section Sections hereby re?alleged and incorporated by reference as if fully set forth herein. 44 Case Document 35 Filed 09/30/14 Page 44 of 68 SCHEME AND ARTIFICE TO DEFRAUD 2. From February I, 2006, continuing up to and including August 1, 2014, the exact dates to the Grand Jurors unknown, in the Middle District of North Carolina, CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE did devise and intend 1x) devise: a scheme and, artifice to be charged to workers as a condition of and employment. 20. 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 used. ASAP to convert a portion. of the $80.00 recruiting' fee jpurportedly' charged t1) NCGA kn] CS1 for their own personal uses and benefits in violation of their duty of good faith to NCGA. 21. 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 concealed from NCGA and its members that a portion of the recruiting fees purportedly charged to NCGA by CSI for recruiting and processing services in Mexico were converted to the personal uses and benefits of CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE, in violation of their duty of good faith to NCGA. 22. 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 directed ASAP to pay attorney?s fees for S.E.F. and ILMC (nu: of the payments II) ASAP kn! ILMC and TLC 52 Case Document 35 Filed 09/30/14 Page 52 of 68 clients and. NCGA 'under the ;pretense that .ASAP was collecting recruiting and processing fees charged in Mexico by CSI. 23. 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 concealed from ILMC, ILMC's clients, and NCGA that any portion of fees paid to ASAP under the pretense that ASAP was processing amounts charged for recruitment and processing fees by CSI in Mexico would be converted to the use of CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE. 24. It was a further part of the scheme and artifice that ASAP had no permission from any client of ILMC or TLC, or NCGA, to use fees collected under the pretense that ASAP was processing fees for CSI for any other purpose. 25. It was a further part of the scheme and artifice to defraud that, from on or about February 12, 2009, to on or about December 31, 2013, the exact dates to the Grand Jurors unknown, that ASAP received approximately $5,561,669.00 in payments from ILMC and TLC clients under the pretense that ASAP was collecting a $99.00 per?worker recruiting and. processing fee for CSI in Mexico. 26. It was 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 53 Case Document 35 Filed 09/30/14 Page 53 of 68 to the Grand Jurors unknown, ASAP received approximately $2,801,640.00 in payments from NCGA under the pretense that ASAP was collecting an $80.00 per?worker processing fee for CST in Mexico. 27. It was 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, CRAIG STANFORD EURY, JR., directed ASAP to make payments to him of $1,092,168.00 from fees collected by ASAP from ILMC clients, TLC clients, and NCGA clients as set forth above. 28. It was 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 INICKER, JR., directed ASAP t1) make payments to l??l through North State Governmental Affairs, a limited liability corporation under his control, of approximately $1,068,080.00 from. fees collected by ASAP from ILMC clients, TLC clients, and NCGA clients as set forth above. 29. It was 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, KENNETH W. WHITE directed ASAP to make payments to I?m1 of approximately $1,060,080.00 from fees 54 Case Document 35 Filed 09/30/14 Page 54 of 68 collected by' ASAP from ILMC clients, TLC clients, and NCGA clients as set forth above. EXECUTION 30. On or about November 23, 2009, 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 executing the aforesaid scheme and artifice to defraud, and attempting to do so, knowingly placed or caused to be placed in any United States Post Office and authorized depository' for Inail Inatter, any matter. or thing, that is, an envelope containing a NCGA check to ASAP for purported recruiting fees charged by CST in the amount of $72,480.00 to be delivered to 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 TWELVE 1. Paragraphs 1 through. 30 of Count Eleven are hereby re?alleged and incorporated by reference as if fully set forth herein. 2. On or about August 10, 2010, 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 executing the aforesaid scheme and artifice to 55 Case Document 35 Filed 09/30/14 Page 55 of 68 defraud, and attempting to do so, knowingly placed or caused to be placed in any United States Post Office and authorized depository for nail matter, any matter or thing, that is, an envelope containing an ILMC application package instructing ILMC client Woods Plus, Inc., in Lugoff, South Carolina, to pay purported recruiting fees to CST by mailing payment to ASAP at a Post Office box in Piney River, Virginia. All in violation of Title 18, United States Code, Sections 134l and 2. COUNT THIRTEEN l. Paragraphs 1 through 30 of Count Eleven 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 Moore, 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, knowingly placed and caused to be placed in any United States Post Office and authorized depository mail Hatter} any matter cm: thing, that is, an envelope containing a NCGA check to ASAP for purported recruiting fees charged by CSI in the amount of $67,360.00 to be delivered. to a Post Office box maintained by .ASAP in Piney River, Virginia. 56 Case Document 35 Filed 09/30/14 Page 56 of 68 All in violation of Title 18, United States Code, Sections 1341 and 2. COUNT FOURTEEN 1. Paragraphs 1 through 30 of Count Eleven are hereby re? alleged, and incorporated. by reference as if fully set forth herein. 2. On or about March 17, 2011, 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 executing the aforesaid scheme and artifice to defraud, and attempting to do so, knowingly placed and caused to be placed in any United States 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 CST in the amount of $118,000.00 to be delivered to a Office box maintained by ASAP in Piney River, Virginia. All in violation of Title 18, United States Code, Sections 1341 and 2. COUNT FI FTEEN 1. Paragraphs 1 through 30 of Count Eleven are hereby re?alleged and incorporated by reference as if fully set forth herein. 2. On or about August 10, 2012, in the County of Moore, in the Middle District of NOrth Carolina, CRAIG STANFORD EURY, 57 Case Document 35 Filed 09/30/14 Page 57 of 68 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 United States Post Office and authorized depository for nail matter, any matter or thing, that is, an envelope containing an ILMC application package instructing ILMC client Enviro?Scapes, LLC, in Nashville, Tennessee, to pay purported recruiting fees to CSI by mailing payment to ASAP at a Post Office box in Piney River, Virginia. All in violation of Title 18, United States Code, Sections 1341 and 2. COUNT SIXTEEN 1. Paragraphs 1 through 30 of Count Eleven are hereby re-alleged and incorporated by reference 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 executing the aforesaid scheme and artifice to defraud, and attempting to do so, knowingly placed and caused to be placed in any United States 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 C81 58 Case Document 35 Filed 09/30/14 Page 58 of 68 in the amount of $166,480.00 to be delivered to a Office box maintained by ASAP in Piney River, Virginia. All in violation of Title 18, United States Code, Sections 1341 and 2. COUNTS SEVENTEEN THROUGH FORTY 1. Paragraphs 1 through 111 of Count One are hereby re?alleged and incorporated by reference as if fully set 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 of North Carolina, CRAIG STANFORD EURY, JR., did knowingly engage or attempt to engage in Hmnetary 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 the dates and in the amounts as set forth below into a Branch Banking and Trust account of CRAIG STANFORD EURY, 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: COUNT DATE CHECK AMOUNT 17 11/30/09 1183 $25,000.00 59 Case Document 35 Filed 09/30/14 Page 59 of 68 18 4/8/10 1193 $58,000.00 19 5/10/10 1200 $46,180.00 20 6/8/10 1203 $50,000.00 21 7/20/10 1207 $34,000.00 22 10/6/10 1212 $40,000.00 23 12/9/10 1216 $19,000.00 24 4/6/11 1223 $35,900.00 25 5/10/11 1230 $48,000.00 26 6/8/11 1233 $30,000.00 27 7/8/11 1238 $50,000.00 28 8/9/11 1242 $18,000.00 29 10/11/11 1251 $29,000.00 30 3/14/12 1263 $16,000.00 31 4/10/12 1266 $28,000.00 32 5/15/12 1271 $44,000.00 33 6/11/12 1274 $38,000.00 34 7/10/12 1279 $48,000.00 35 9/25/12 1282 $30,000.00 36 11/13/12 1290 $40,000.00 37 4/10/13 #1505 $48,000.00 38 5/13/13 1510 $45,000.00 39 7/11/13 1517 $58,000.00 40 9/23/13 1527 $48,000.00 60 Case Document 35 Filed 09/30/14 Pace 60 of 68 All in violation of Title 18, United States Code, Section 1957 and 2. COUNTS THROUGH 1. Paragraphs 1 through 111 of Count One are hereby re?alleged and incorporated by reference as if fully set 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 of North Carolina, HARRY LEE WICKER, 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 front ASAP on the dates and in the amounts as set forth below into a Branch Banking' and_'Trust of l?orth. State Governmental. Affairs account belonging to HARRY LEE WICKER, 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: COUNT DATE CHECK AMOUNT 41 11/30/09 1185 $25,000.00 42 4/8/10 1194 $58,000.00 61 Case Document 35 Filed 09/30/14 Page 61 of 68 43 5/10/10 1202 $46,180.00 44 6/5/10 1205 $50,000.00 45 7/20/10 1209 $34,000.00 46 10/6/10 1214 $40,000.00 47 12/9/10 1218 $19,000.00 48 4/6/11 1225 $35,900.00 49 5/10/11 1232 $48,000.00 50 6/8/11 1235 $30,000.00 51 7/8/11 1240 $50,000.00 52 8/9/11 1244 $18,000.00 53 10/11/11 1250 $29,000.00 54 3/14/12 1265 $16,000.00 55 4/10/12 1268 $28,000.00 56 5/15/12 1273 $44,000.00 57 6/11/12 1276 $38,000.00 58 7/10/12 1280 $48,000.00 59 9/25/12 1284 $30,000.00 60 4/10/13 #1504 $72,000.00 61 5/13/13 1512 $67,500.00 62 7/11/13 1519 $11,500.00 63 9/23/13 #1526 $52,000.00 64 12/7/13 1538 $12,000.00 62 Case Document 35 Filed 09/30/14 Pace 62 of 68 All in violation of Title 18, United States Code, Sections 1957 and 2. COUNTS THROUGH 1. Paragraphs 1 through 111 of Count One are hereby re?alleged and incorporated by reference as if fully set 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 of North Carolina, KENNETH W. WHITE 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 front ASAP on the dates and in the amounts as set forth below into State Employees Credit Union account and account in the name of 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: COUNT DATE CHECK AMOUNT 65 11/30/09 1184 $25,000.00 66 4/8/10 1192 $58,000.00 63 Case Document 35 Filed 09/30/14 Pace 63 of 68 67 5/10/10' 1201 $46,180.00 68 6/8/10 1204 $50,000.00 69 7/20/10 1208 $34,000.00 70 10/6/10 1213 $40,000.00 71 12/9/10 1217 $19,000.00 72 4/6/11 1224 $35,900.00 73 5/10/11 4 1231 $48,000.00 74 6/8/11 1234 $30,000.00 75 7/8/11 1239 $50,000.00 76 8/9/11 1243 $18,000.00 77 10/11/11 1252 $29,000.00 78 3/14/12 1264 $16,000.00 79 4/10/12 4 1267 $28,000.00 80 5/15/12 1272 $44,000.00 81 6/11/12 1277 $38,000.00 82 7/10/12 4 1278 $48,000.00 83 9/25/12 1283 $30,000.00 84 11/13/12 1291 $40,000.00 85 4/10/13 #1506 $40,000.00 86 5/13/13 1511 $37,500.00 87 7/11/13 1520 $89,500.00 64 Case Document 35 Filed 09/30/14 Pace 64 of 68 All in violation of Title 18, United States Code, Sections 1957 and 2. Forfeiture Allegations 1. The allegations contained in Counts One through Eighty-Seven of this Indictment are hereby re?alleged and incorporated by reference for the purpose of alleging forfeiture pursuant to Title 8, United States Code, Section 1324(b)(1), 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 CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., and KENNETH W. WHITE 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 violations of which the defendant is cbnvicted, the gross proceeds of such violations, and any property traceable to such conveyance or proceeds. 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 CRAIG STANFORD EURY, JR., HARRY LEE WICKER, JR., 65 Case Document 35 Filed 09/30/14 Page 65 of 68 and KENNETH W. WHITE shall forfeit to the United. States of America: any conveyance, including any vessel, vehicle, or aircraft used. in the commission. of the offense of which the defendant is convicted; and any property, real or personal-? that constitutes, is derived from or is traceable to the proceeds obtained directly or indirectly from the commission of the offense of which the defendants are convicted; or (ii) that is used. 'to facilitate, or" is intended to be used to facilitate, the commission of the offense of which the defendants are convicted. 4. Pursuant to Title 18, United States Code, Section 982(a)(l), upon conviction of an offense in violation of Title 18, United States Code, Section 1957, as alleged in Object Four of Count One Counts Two through Ten, and Counts Seventeen through Eighty?Seven, the defendants shall forfeit to the United. States of .America any' property, real or jpersonal, involved in such offense, or any property traceable to such property. 66 Case Document 35 Filed 09/30/14 Page 66 of 68 5. Pursuant to Title 18, United States Code, Section and Title 18, United States Code, Section 2461(c), upon conviction of an offense in violation of Title 18, United States Code, Section 1341, as alleged in Counts Eleven through Sixteen, the defendants shall forfeit to the United States of America any property, real or personal, which constitutes or is derived from. proceeds traceable to the offense of which the defendants are convicted. 6. The property to be forfeited includes, but is not limited to, a sum, of money equal to $3,842,240.00 or more, representing the total amount forfeitable as 51 result of such offenses. 7. If any of the property described above, as a result of any act or omission of a defendant: 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 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, 67 Case Document 35 Filed 09/30/14 Page 67 of 68 Section 982(b)(1), and. Title 28, United States Code, Section 2461(c). All pursuant to Title 8, United States Code, Section l324(b)(1), Title 18, United States Code, Sections 982(a)(l), and 982(a)(6), Rule Federal Rules of Criminal Procedure, and Title 28, Emited States Code, Section 2461(c). A TRUE BILL: - in r" - wd?F?d-?W-h I JR FRANK J. ASSISTANT UNITED STATES ATTORNEY 6/ TED STA ATTORNEY 68 Case Document 35 Filed 09/30/14 Paoe 68 of 68