Case: Doc 146 Filed: 03/20/07 1 of 42. PageID 950 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, V. HON VUONG, aka HON VOUNG, Plaintiff, ASHRAF M. ABDELWAHED, aka ALEX ABDELWAHED, HV CONNECT INC. aka HV CONNECT INC. OF OHIO, aka HV CONNECT INC. OF OHIO 0' aka HV CONNECT USA, aka HV CONNECT STAFFING LTD., aka HV CONNECTION OF OHIO, aka TNTUSVN TRADING CO., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY aka ALEX EMPLOYMENT AGENCY, Defendants. 1 CASE NO. JUDGE PATRICIA A. GAUGHAN SECOND SUPERSEDING INDICTMENT Violations: Title 8, United States Code, Sections 1324 (A) (V) (I). and 1324(a)(3)(A): Title 18, United States Code, Sections 2, 371, 1001(a)(2), 1341, 1343, 1956(a) (1) (A) . 1956(a) (1) (B) 1956(h), and 1957. Case: Doc 146 Filed: 03/20/07 2 of 42. PageID 951 -2- ELEM (Conspiracy to Transport and Harbor Aliens) The Grand Jury charges: 1. Beginning on or about January 27, 2000, the exact date being unknown to the Grand Jury, and continuing through on or about October 23, 2002, in the Northern District of Ohio, Eastern Division, and elsewhere, the defendants, HON VUONG, aka HON VOUNG, ASHRAF M. ABDELWAHED, aka ALEX ABDELWAHED, HV CONNECT INC., aka HV CONNECT INC. OF OHIO, aka HV CONNECT INC. OF OHIO aka HV CONNECT USA, aka HV CONNECT STAFFING LTD., aka HV CONNECTION OF OHIO, aka TNTUSVN TRADING CO., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT along with Trung Q. Nguyen, aka Tom Nguyen, An Quoc Nguyen, aka Andrew Nguyen, Mshenga Abdy Nasseb, Ridha Boughalmi, and Abdulrahman A. Mtumwa, named but not charged herein, and other persons whose identities are known and unknown to the Grand Jury, did knowingly and willfully conspire together and with each other to commit offenses against the United States, hereinafter described, that is: knowing and in reckless disregard of the fact that an alien had come to, entered, and remained in the United States in violation of law, to transport and move, and attempt to transport and move such alien within the United States by means of transportation and otherwise, in furtherance of such violation of Case: Doc 146 Filed: 03/20/07 3 of 42. PagelD 952 -3- law, in violation of Title 8, United States Code, Section and knowing and in reCkless disregard of the fact that an alien had come to, entered, and remained in the United States in violation of law, to conceal, harbor, and shield from detection, and attempt to conceal, harbor, and shield from detection, such alien in any place, including a building and any means of transportation, in violation of Title 8, United States Code, Section OBJECTS OF THE CONSPIRACY 2. The objects of the conspiracy were to: hire and employ aliens who were present in the United States in violation of law; hire and employ aliens who, though legally present, had no authorization to work in the United States; transport and arrange for the transportation of said aliens: house and arrange for the housing of said aliens; assist said aliens in procuring false and fraudulent documents to create the appearance that said aliens were lawfully in the United States and had authorization to work in the United States; and to make money through the employment of said aliens. MANNER AND MEANS 3. Defendants and their co?conspirators employed the following manner and means to attain the objective of the Case: Doc #2 146 Filed: 03/20/07 4 of 42. PagelD 953 conspiracy: Defendants HON VUONG and JOHN M. TURNER, along with Trung Q. Nguyen, An Quoc Nguyen, and Mshenga Nasseb, operated HV CONNECT INC., aka HV CONNECT INC. OF OHIO, aka HV CONNECT INC. OF OHIO aka HV CONNECT USA, aka HV CONNECT STAFFING LTD., aka HV CONNECTION OF OHIO, aka TNTUSVN TRADING CO. (hereinafter CONNECT a temporary employment agency in Philadelphia, and Canton, Ohio. At the same time, JOHN M. TURNER maintained employment as Human Resources Director for Case Foods, Inc., doing business as Case Farms, Inc., a client company of HV CONNECT INC. in Winesburg, Ohio; Defendant LE DANG, along with Trung Q. Nguyen, An Quoc Nguyen, and Mshenga Nasseb operated TN JOB SERVICE, a temporary employment agency in Philadelphia, Pennsauken, New Jersey; Canton, Ohio; and New Philadelphia, Ohio; Defendants ASHRAF M. ABDELWAHED, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka and DEBBIE ABDELWAHED, operated ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, a temporary employment agency in New York, New York. ASHRAF M. ABDELWAHED, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, recruited aliens and assigned them to work for HV CONNECT INC., in Ohio. ASHRAF M. ABDELWAHED, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, assisted the Case: Doc 146 Filed: 03/20/07 5 of 42. PagelD 954 -5- aliens in finding transportation from New York to the Northern District of Ohio and instructed the aliens to contact Trung Q. Nguyen and RV CONNECT INC. when they arrived in Ohio; Defendants and conspirators contracted and agreed with various client company businesses in the Northern District of Ohio to supply the client companies with temporary workers. Defendants and conspirators falsely represented to the client companies that all HV CONNECT INC. and TN JOB SERVICE employees had valid and proper authorization to work in the United States, that HV CONNECT INC. and TN JOB SERVICE would collect and pay payroll taxes for all of the alien employees, and that HV CONNECT INC. and TN JOB SERVICE would collect and pay Ohio Bureau of Workers Compensation premiums for all of the alien employees; Defendants HON VUONG, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, and LE DANG, along with other conspirators, employed aliens to work for client companies in the Northern District of Ohio. Most of these aliens were in the United States without authorization, and most of these aliens had no authorization to work in the United States; Defendants HON VUONG, HV CONNECT INC., and TN JOB SERVICE, along with other conspirators, provided housing for the alien employees in various rental locations in the Northern District of Ohio; (9) Defendants HON VUONG, HV CONNECT INC., and TN JOB SERVICE, along with other conspirators, transported and arranged for transportation for the alien employees from rental housing to Case: Doc 146 Filed: 03/20/07 6 of 42. PagelD 955 -6- client company job sites in the Northern District of Ohio; Defendants and conspirators failed to obtain proper work authorization for the alien employees; (1) Defendants and conspirators failed to properly complete and maintain Immigration and Naturalization Service Forms I-9 (hereinafter ?Forms which are required by law to be completed for each employee to verify identity and employment eligibility, for each alien employee working for HV CONNECT INC. and TN JOB SERVICE in the Northern District of Ohio. Defendants and conspirators assisted alien employees in obtaining false and fraudulent documents, including purported Social Security account cards, purported drivers licenses, purported identification cards, and purported Alien Registration Cards (hereinafter ?green cards?) to create the false appearance that the alien employees were permitted to work in the United States; Defendants and conspirators maintained a computer internet website that falsely and fraudulently represented that all alien employees had proper documentation, and that work authorization would be obtained and provided; (1) Defendants and conspirators received payments by wire transfers and by checks deposited to business bank accounts of HV CONNECT INC., from which conspirators and employees then obtained cash in order to pay alien HV CONNECT INC. employees. After relocating from Ohio, Trung Q. Nguyen instructed client companies in the Northern District of Ohio to mail Case: Doc #2 146 Filed: 03/20/07 7 of 42. PagelD 956 -7- payments in the forms of checks payable to HV CONNECT INC. and later TN JOB SERVICE, at 9.0. Box 3878, Philadelphia, Rather than deposit these checks into a business bank account, LE DANG and Trung Q. Nguyen then cashed these checks through check-cashing businesses in eastern and New Jersey; Defendants and conspirators did not collect or pay over federal employment taxes, including Social Security taxes and Medicare premiums, on behalf of alien employees of HV CONNECT INC. and TN JOB (0) Defendants and conspirators did not collect nor pay over to the Ohio Bureau of Workers Compensation premiums on behalf of alien employees of HV CONNECT INC. and TN JOB Defendants and conspirators paid alien employees in cash from the proceeds of payments received from client companies in the Northern District of Ohio; In reSponse to inquiries from client companies for proper work authorization, defendants and conspirators failed to provide valid Forms I-9 for alien employees. Defendants and conspirators provided some Forms that had been issued by other purported employers; Defendants and conspirators used the United States mails and directed client companies to use the United States mails in order to carry out the alien employment scheme in the Northern District of Ohio; Case: Doc 146 Filed: 03/20/07 8 of 42. PagelD 957 Defendants and conspirators used and directed others to use wire communications in interstate commerce, including interstate telefax transmissions, a computer internet website, and interstate and international wire transfers of money in furtherance of the alien employment scheme in the Northern District of Ohio; and Defendants and conspirators used the proceeds obtained from client companies to promote the business of the alien employment scheme in the Northern District of Ohio, in particular by using the proceeds to pay for rental housing and transportation for the alien employees. OVERT ACTS 4. In furtherance of the conspiracy and to effect its object, defendants and their co-conspirators committed the following overt acts: On or about January 27, 2000, HON VUONG and Trung Q. Nguyen applied to the Ohio Bureau of Workers Compensation for a policy in the name of HV CONNECT INC., 4904 South Boulevard N.W., Apt. 19, Canton, Ohio. The Ohio Bureau of Workers Compensation policy for HV CONNECT INC. remained in effect until on or about March 1, 2002. On or about February 3, 2000, Trung Q. Nguyen applied with the Ohio Secretary of State for a foreign corporation license for HV CONNECT INC., 415 South 49th Street, Philadelphia, Case: Doc #2 146 Filed: 03/20/07 9 of 42. PagelD 958 -9- On or about February 14, 2000, HON VUONG and Trung Q. Nguyen entered into a contract authorizing Trung Q. Nguyen to operate HV CONNECT INC. in Ohio for two years. On or about March 4, 2000, HON VUONG and Trung Q. Nguyen sent a telefax to Case Foods, Inc., Winesburg, Ohio, including copies of the drivers licenses of HON VUONG and Trung Q. Nguyen. On or about the following dates, Trung Q. Nguyen and HV CONNECT INC. filed a fraudulent payroll report with the Ohio Bureau of Workers Compensation: Overt Date Report Time Period Act Filed Covered by Report 7/31/2000 January 2000 through July 2000 2/27/2001 August 2000 through February 2001 9/11/2001 February 2001 through August 2001 On or about the following dates, Trung Q. Nguyen and HV CONNECT INC. wrote checks in the following approximate amounts, payable to ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, as follows: Overt Check 59; Date Account N0. Amount 8/11/2000 1176 $1,850 8/18/2000 1190 $500 8/26/2000 1200 $50 9/2/2000 1203 $100 10/22/2000 1241 $50 Driver License Case: Doc 146 Filed: 03/20/07 10 of 42. PageID 959 -10- Overt Check Act Date Account No. No. Amount Notes 11/4/2000 1003 $260 5 licenses and Express Mail 11/14/2000 1011 $60 4 drivers licenses 1/31/2001 1072 $60 International Drivers License 4/10/2001 1177 $60 9/11/2001 1005 $65 Service fee Between on or about May 1, November 23, 2001, 2001, Trung Q. Nguyen, An Quoc Nguyen, and on or about and HV CONNECT INC., convinced the owner of Custom Design Technologies in Canton, employees to become employees of HV CONNECT INC. Ohio, to allow some of Custom Design Technologies' During this period of time, Custom Design Technologies paid HV CONNECT INC. In turn, Trung Q. Nguyen, An Quoc Nguyen, and HV CONNECT INC., paid certain employees of Custom Design Technologies, but failed to pay over Social Security or Ohio Bureau of Workers Compensation premiums on behalf of those employees. On or about September 27, 2001, HV CONNECT INC. had at least seventeen illegal aliens assigned to work at Case Foods, Inc., Winesburg, Ohio. On or about October 18, 2001, An Quoc Nguyen sent a telefax to the Biery Cheese Company in Louisville, Ohio, including Forms for fifteen HV CONNECT INC. begin work on October 22, completed by HV CONNECT INC. 2001. employees to None of the Forms I-9 had been The Forms I-9 purported to have Case: Doc #2 146 Filed: 03/20/07 11 of 42. PagelD 960 -11- been completed by Pacific Job of Norristown, On or about December 5, 2001, an application was made to the Ohio Bureau of Workers Compensation for a policy in the name of TN JOB SERVICE, 5043 Westfield Avenue, Apt. B, Pennsauken, New Jersey. The Ohio Bureau of Workers Compensation policy for TN JOB SERVICE, remained in effect until on or about August 31, 2002. Between on or about December 5, 2001, and on or about August 31, 2002, LE DANG failed to file payroll reports on behalf of TN JOB SERVICE, with the Ohio Bureau of Workers Compensation. (1) Between on or about December 18, 2001, and February 6, 2002, Trung Q. Nguyen, An Quoc Nguyen, and RV CONNECT INC. notified client companies in the Northern District of Ohio to forward payments to HV CONNECT INC. at P.O. Box 3878, Philadelphia, Between on or about January 23, 2002, and on or about March 12, 2002, HV CONNECT INC. instructed client companies to remit payment by check payable to TN JOB SERVICE, P.O. Box 3878, Philadelphia, On or about July 10, 2002, in response to a request from Cooper Farms-Processing in St. Henry, Ohio, for TN JOB SERVICE to produce valid Forms I-9, LE DANG and TN JOB SERVICE provided approximately fifteen purported Forms I-9 to Cooper Farms- Processing. None of the Forms I-9 had been completed by TN JOB SERVICE. The Forms I-9 were incomplete and purported to have been prepared by Pacific Job of New York, New York. Case: Doc 146 Filed: 03/20/07 12 of 42. PageID 961 -12- On or about August 14, 2002, LE DANG and TN JOB SERVICE, along with Trung Q. Nguyen and An Quoc Nguyen, sent a telefax to Cooper Farms?Processing, St. Henry, Ohio, including copies of seven false and fraudulent Social Security cards for TN JOB SERVICE, employees, falsely purporting that the cards were valid. On or about October 2, 2002, An Quoc Nguyen and Mshenga Nasseb, on behalf of Trung Q. Nguyen, LE DANG, and TN JOB SERVICE, met with a representative of Cooper Farms?Processing to discuss the false and fraudulent documentation TN JOB SERVICE, had submitted to Cooper Farms?Processing. On or about October 3, 2002, LE DANG and TN JOB SERVICE, along with An Quoc Nguyen, provided approximately eight illegal alien workers to Egg Products Inc. in Millersburg, Ohio. Between on or about the following dates, the following defendants, along with other conspirators, supplied alien laborers to the following client companies in the Northern District of Ohio: Overt Act Dates Defendants Client Company 2/14/2000? HON VUONG Case Foods Inc. 11/29/2001 HV CONNECT INC. Winesburg OH JOHN M. TURNER 4/1/2000- HON VUONG Custom Design 12/4/2001 HV CONNECT INC. Technologies/Nexxstep Canton OH 8/17/2000- HV CONNECT INC. Renewable Energy 6/18/2001 Products Inc. Canton OH 11/3/2000- HV CONNECT INC. Gerber's Poultry Inc. 12/12/2000 Kidron OH Case: Doc 146 Filed: 03/20/07 13 of 42. PageID 962 -13- Overt __Act Ms; 12/1/2000- HV CONNECT INC. International 8/30/2001 Packaging Specialties Millersburg OH 12/13/2000- HV CONNECT INC. Waste Parchment Inc. 1/25/2002 Millersburg OH 1/4/2001? HV CONNECT INC. Cicchini/Avanti Corp. 10/26/2001 Canton OH 1/8/2001- HV CONNECT INC. Baglieri Enterprises 6/30/2001 Hudson OH 2/19/2001- HV CONNECT INC. Hertzfeld Poultry 10/12/2002 TN JOB SERVICE Farms Inc. LE DANG Waterville OH 3/3/2001- HV CONNECT INC. Anderson-Dubose 6/1/2001 Solon OH 3/13/2001- HV CONNECT INC. Cooper Farms- 10/18/2002 TN JOB SERVICE Processing LE DANG St. Henry OH 4/2/2001- HV CONNECT INC. Amish Door Inc. 10/15/2001 Wilmot OH 4/20/2001- HV CONNECT INC. Egg Products Inc. 10/3/2002 TN JOB SERVICE Millersburg OH LE DANG 6/5/2001- HV CONNECT INC. Cooper Farms-Hatchery 10/5/2002 TN JOB SERVICE Oakwood OH LE DANG 7/9/2001- HV CONNECT INC. Biery Cheese Co. 10/8/2002 TN JOB SERVICE Louisville OH LE DANG CONNECT INC., Between on or about the following dates, JOHN M. TURNER, HON VUONG, HV and other defendants and conspirators induced the following client companies to make payments to HV CONNECT INC. in the following approximate amounts: Case: Doc #2 146 Filed: 03/20/07 14 of 42. PageID 963 -14- Overt Total Amount Paid 3% Dates to CONNECT INC- 2/19/2000- Case Foods Inc. $2,336,628.96 12/6/2001 Winesburg OH 4/11/2000- Custom Design $118,729.35 12/4/2001 Technologies/Nexxstep Canton OH 8/17/2000- Renewable Energy $2,952.23 6/18/2001 Products Inc. Canton OH 11/14/2000- Gerber?s Poultry $21,514.35 12/12/2000 Kidron OH 12/13/2000- Waste Parchment Inc. $251,414.51 1/25/2002 Millersburg OH 12/15/2000- International $201,782.13 8/30/2001 Packaging Specialties Millersburg OH 1/4/2001- Cicchini/Avanti Corp. $36,181.52 10/31/2001 Canton OH 1/15/2001- Baglieri Enterprises $33,371.39 7/11/2001 Hudson OH 4/6/2001? Cooper Farms- $445,149.15 1/11/2002 Processing St. Henry OH 4/12/2001- Hertzfeld Poultry $358,129.26 1/28/2002 Farms Inc. Waterville OH 4/16/2001- Anderson-Dubose $11,084.72 6/1/2001 Solon OH 4/26/2001- Egg Products Inc. $144,454.87 3/6/2002 Millersburg OH 5/29/2001- Amish Door Inc. $37,982.79 10/29/2001 Wilmot OH 6/12/2001- Cooper Farms-Hatchery $56,384.21 2/26/2002 Oakwood OH 7/16/2001- Biery Cheese Co. $162,504.08 1/23/2002 Louisville OH Case: Doc #2 146 Filed: 03/20/07 15 of 42. PageID 964 -15- Overt Total Amount Paid Act Dates Client Company to HV CONNECT INC. Total Amount Paid to $4,218,263.52 HV CONNECT INC. Between on or about the following dates, TN JOB SERVICE, LE DANG, and other defendants and conspirators induced the following client companies to make payments to TN JOB SERVICE in the following approximate amounts: Overt Total Amount Paid Act Dates to TN JOB SERVICE 1/25/2002? Biery Cheese Co. $193,874.69 10/8/2002 Louisville OH 1/30/2002- Hertzfeld Poultry $377,701.50 10/23/2002 Farms Inc. Waterville OH 2/1/2002- Cooper Farms-Processing $473,982.41 10/18/2002 St. Henry OH 3/1/2002? Cooper Farms-Hatchery $21,554.95 10/15/2002 Oakwood OH 3/8/2002- Egg Products Inc. $108,578.98 9/19/2002 Millersburg OH Total Amount Paid to $1,175,692.53 TN JOB SERVICE Between on or about March 28, 2000, and on or about September 1, 2001, HV CONNECT INC. and other conspirators leased dwellings in Canton, Celina, Bedford Heights, Wilmot, and Defiance, Ohio, in which to house alien laborers in the Northern District of Ohio. Between on or about March 10, 2000, and on or about September 20, 2002, in the Northern District of Ohio, HV CONNECT INC. and other conspirators made payments for the purchase of Case: Doc #2 146 Filed: 03/20/07 16 of 42. PageID 965 -16- vehicles, repairs to vehicles, and transportation services, all for the purpose of transporting aliens in the Northern District of Ohio. Between on or about the following dates, utilizing check-cashing business entities in and New Jersey, conspirators cashed checks written by the following client companies in the Northern District of Ohio in the following approximate total amounts, which payments represented the proceeds of immigration violations, mail fraud, and wire fraud: Overt Total _Act we mt; mm 10/1/2001 $1,524.02 Amish Door Inc. Wilmot, Ohio 10/1/2001 $51,872.93 Waste Parchment Inc. Millersburg, Ohio 10/1/2001- $572,705.74 Cooper Farms-Processing 10/23/2002 St. Henry, Ohio 12/27/2001- $24,489.12 Cooper Farms-Hatchery 10/15/2002 Oakwood OH 12/27/2001- $151,299.22 Egg Products Inc. 9/24/2002 Millersburg OH 1/3/2002- $209,134.94 Biery Cheese Co. 10/7/2002 Louisville OH 1/13/2002- $468,199.26 Hertzfeld Poultry 10/23/2002 Farms Inc. Waterville OH $1,479,225.23 Total Amount Through Check-Cashing Businesses Between on or about February 1, 2002, and on or about May 7, 2002, utilizing check-cashing business entities in and New Jersey, TN JOB SERVICE cashed checks written Case: Doc #2 146 Filed: 03/20/07 17 of 42. PagelD 966 -17- by client companies in the Northern District of Ohio in the total approximate amount of $447,913.54, which payments represented the proceeds of immigration violations, mail fraud, and wire fraud. Between on or about May 14, 2002, and on or about October 23, 2002, utilizing check-cashing business entities in and New Jersey, LE DANG and TN JOB SERVICE cashed checks written by client companies in the Northern District of Ohio in the total approximate amount of $736,868.24, which payments represented the proceeds of immigration violations, mail fraud, and wire fraud. (2) Between on or about November 11, 2000, and on or about June 28, 2002, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, Eastern Division, and elsewhere, JOHN M. TURNER maintained an internet website for HV CONNECT INC. under the name HV CONNECT USA. The internet address was (aa) Between on or about December 19, 2000, and on or about December 4, 2001, in the Northern District of Ohio, Eastern Division, JOHN M. TURNER, HV CONNECT INC., and other conspirators faxed HV CONNECT INC. invoices from Case Farms to client companies of HV CONNECT INC. in the Northern District of Ohio. (bb) Between on or about May 1, 2001, and on or about November 20, 2001, in the Northern District of Ohio, JOHN M. TURNER maintained telephone fax line 330-359-2231 for HV CONNECT INC. at residence in Winesburg, Ohio, which telephone line JOHN M. TURNER and HV CONNECT INC. used to fax invoices to Case: Doc #2 146 Filed: 03/20/07 18 of 42. PageID 967 -13- client companies of HV CONNECT INC. in the Northern District of Ohio. JOHN M. TURNER, HV CONNECT INC., and conspirators placed this fax number 330-359?2231 on business cards, invoices, and other correspondence provided to client companies of RV CONNECT INC. in the Northern District of Ohio. (cc) Between on or about April 9, 2001, and on or about November 28, 2001, in the Northern District of Ohio, JOHN M. TURNER maintained telephone line 330-359-2942 for RV CONNECT USA, an alias for HV CONNECT INC., at residence in Winesburg, Ohio. JOHN M. TURNER, HV CONNECT INC., and conspirators placed this telephone number 330?359?2942 on invoices, promotional literature, and other correspondence provided to client companies of HV CONNECT INC. in the Northern District of Ohio. (dd) Between on or about April 25, 2001, and on or about December 21, 2001, in the Northern District of Ohio, JOHN M. TURNER wrote and caused to be written checks, drawn on JOHN M. personal bank account, to pay the telephone company for telephone service at 330?359-2942. (ee) Between on or about May 21, 2001, and on or about November 28, 2001, in the Northern District of Ohio, JOHN M. TURNER maintained a toll-free telephone line 866-275-5358 for HV CONNECT USA, an alias for HV CONNECT INC., at TURNER's residence in Winesburg, Ohio. JOHN M. TURNER, HV CONNECT INC., and conspirators placed this toll-free telephone number 866-275-5358 on business cards and promotional literature provided to client companies of RV CONNECT INC. in the Northern District of Ohio. Case: Doc #2 146 Filed: 03/20/07 19 of 42. PageID 968 -19- (ff) Between on or about May 21, 2001, and on or about December 21, 2001, in the Northern District of Ohio, JOHN M. TURNER wrote and caused to be written checks, drawn on JOHN M. personal bank account, to pay the telephone company for telephone fax service at 330-359-2231. (gg) Between on or about June 18, 2001, and on or about January 21, 2002, in the Northern District of Ohio, JOHN M. TURNER wrote and caused to be written checks, drawn on JOHN M. personal bank account, to pay the telephone company for toll-free telephone service at 866-275-5358. (hh) Between on or about July 1, 2001, and on or about November 28, 2001, the exact dates being unknown to the Grand Jury, in the Northern District of Ohio, JOHN M. TURNER allowed HV CONNECT INC., under the name HV CONNECT USA, to use his private address, P.O. Box 38, Winesburg, Ohio, as the Midwest Office address of HV CONNECT USA. JOHN M. TURNER, HV CONNECT INC., and conspirators placed this address on promotional literature provided to client companies of HV CONNECT INC. in the Northern District of Ohio. (ii) Between on or about April 9, 2001, and on or about October 9, 2002, DEBBIE ABDELWAHED received and processed payments made to ALEXANDRIA EMPLOYMENT AGENCY INC. by aliens seeking identification documents to assist in obtaining employment in the United States. Many of these identification documents contained false information, including false Social Security Account Numbers and Social Security Account Numbers not Case: Doc 146 Filed: 03/20/07 20 of 42. PageID 969 -20- assigned to those aliens. All in violation of Title 8, United States Code, Sections and Mm (Harboring Aliens) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. 2. Beginning on or about January 27, 2000, the exact date being unknown to the Grand Jury, and continuing through on or about October 23, 2002, in the Northern District of Ohio, Eastern Division, and elsewhere, the defendants, HON VUONG, HV CONNECT INC., and TN JOB SERVICE, along with other persons whose identities are known to the Grand Jury, knowing and in reckless disregard of the fact that an alien had come to, entered, and remained in the United States in violation of law, concealed, harbored, and shielded from detection, and attempted to conceal, harbor, and shield from detection, such alien in any place, including a building and any means of transportation, all for the purpose of commercial advantage and private financial gain. All in violation of Title 8, United States Code, Sections and and Title 18, United States Code, Section 2. Case: Doc #2 146 Filed: 03/20/07 21 of 42. PageID 970 -21- m; (Employing Ten and More Unauthorized Aliens) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. 2. Beginning on or about January 27, 2000, the exact date being unknown to the Grand Jury, and continuing through on or about October 23, 2002, in the Northern District of Ohio, Eastern Division, and elsewhere, the defendants, HON VUONG, HV CONNECT INC., TN JOB SERVICE, and LE DANG, along with other persons whose identities are known to the Grand Jury, during any 12-month period, knowingly hired for employment at least ten individuals with actual knowledge that the individuals were unauthorized aliens as defined in Title 8, United States Code, Section 1324a(h)(3), that is, with respect to the employment of those aliens at a particular time, that the aliens were not at that time either: (A) aliens lawfully admitted for permanent residence, or (B) authorized to be so employed by the Attorney General. All in violation of Title 8, United States Code, Sections 1324(a)(3)(A) and Title 18, United States Code, Section 2. Case: Doc #2 146 Filed: 03/20/07 22 of 42. PagelD 971 -22- (Conspiracy to Commit Offenses Against the United States) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. 2. Beginning on or about January 27, 2000, the exact date being unknown to the Grand Jury, and continuing through on or about October 23, 2002, in the Northern District of Ohio, Eastern Division, and elsewhere, the defendants, HON VUONG, ASHRAF M. ABDELWAHED, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, along with other persons whose identities are known and unknown to the Grand Jury, did knowingly and willfully conspire together and with each other to commit offenses against the United States, hereinafter described, that is: Mail Fraud, in violation of Title 18, United States Code, Section 1341; and Wire Fraud, in violation of Title 18, United States Code, Section 1343. OBJECTS OF THE CONSPIRACY 3. The objects of the conspiracy were to: defraud client companies in the Northern District of Ohio through false and fraudulent representations regarding the Case: Doc #2 146 Filed: 03/20/07 23 of 42. PagelD 972 -23- work eligibility status of alien employees; defraud the Ohio Bureau of Workers Compensation by failing to accurately report the number of employees, hours worked, and type of work performed; make use of false and fraudulent Alien Registration Cards; make use of false and fraudulent Social Security Account Numbers; use the United States mail and common carriers in carrying out the fraudulent scheme; use interstate wire communications, including interstate telephone calls and telefax transmissions, interstate and international wire transfers of money, and a computer internet website to carry out the fraudulent scheme; and (9) make money which the defendants and conspirators could use for any purpose. MANNER AND MEANS 4. Defendants and their co-conspirators employed the following manner and means to attain the objective of the conspiracy: The Grand Jury realleges, as if fully set forth herein, all of the allegations of Paragraph 3 of Count 1 of this Indictment; Defendants and conspirators presented false and fraudulent Alien Registration Cards and Social Security Account Numbers, falsely representing to client companies in the Northern Case: Doc 146 Filed: 03/20/07 24 of 42. PageID 973 -24- District of Ohio that the Alien Registration Cards and Social Security Account Numbers were valid and assigned to certain employees; Defendants and conspirators used the United States mail and common carriers to carry out the fraudulent scheme; Defendants and conspirators assisted alien employees in obtaining and using false means of identification. 5. In furtherance of the conspiracy and to effect its objects, defendants and their co-conspirators committed the following overt acts: The Grand Jury realleges, as if fully set forth herein, all of the allegations of Paragraph 4 of Count 1 of this Indictment; and On or about the following dates, HV CONNECT INC. made payments to the Ohio Bureau of Workers Compensation in the following approximate amounts, which payments significantly underrepresented the amount HV CONNECT INC. owed the Ohio Bureau of Workers Compensation at that time: 59; Date Check No. Amount Paid 2/27/2001 1105 $76.10 5/2/2001 1228 $62.11 9/17/2001 1707 $46.66 All in violation of Title 18, United States Code, Section 371. Case: Doc #2 146 Filed: 03/20/07 25 of 42. PageID 974 -25- (Mail Fraud) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. 2. Beginning on or about January 27, 2000, the exact date being unknown to the Grand Jury, and continuing through on or about October 23, 2002, in the Northern District of Ohio, Eastern Division, and elsewhere, the defendants, HON VUONG, HV CONNECT INC., TN JOB SERVICE, and LE DANG, along with other persons whose identities are known and unknown to the Grand Jury, having devised and intending to devise a scheme and artifice to defraud, and for obtaining money by means of false and fraudulent pretenses, representations, and promises, for the purpose of executing such scheme and artifice and attempting so to do, placed and caused to be placed, in a post office and authorized depository for mail matter, correspondence, to be sent and delivered by the Postal Service, and took and received therefrom said items, and knowingly caused said items to be delivered by mail according to the directions thereon. All in violation of Title 18, United States Code, Sections 1341 and 2. Case: Doc #2 146 Filed: 03/20/07 26 of 42. PageID 975 -25- COUNT 6 (Wire Fraud) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. 2. Beginning on or about January 27, 2000, the exact date being unknown to the Grand Jury, and continuing through on or about October 23, 2002, in the Northern District of Ohio, Eastern Division, and elsewhere, the defendants, HON VUONG, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, and LE DANG, along with other persons whose identities are known and unknown to the Grand Jury, having devised and intending to devise a scheme and artifice to defraud, and for obtaining money by means of false and fraudulent pretenses, representations, and promises, for the purpose of executing such scheme and artifice and attempting so to do, transmitted and caused to be transmitted by means of wire communication in interstate commerce, writings, signs, signals, and pictures to-wit: fax transmissions of documents; interstate and international wire transfers of money; and maintenance of an internet website. All in violation of Title 18, United States Code, Sections 1343 and 2. Case: Doc #2 146 Filed: 03/20/07 27 of 42. PageID 976 -27- COUNT 7 (Money Laundering Conspiracy) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. 2. Beginning on or about January 27, 2000, the exact date being unknown to the Grand Jury, and continuing through on or about October 23, 2002, in the Northern District of Ohio, Eastern Division, and elsewhere, the defendants, HON VUONG, ASHRAF M. ABDELWAHED, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, along with other persons whose identities are known and unknown to the Grand Jury, did knowingly and willfully conspire together and with each other to: conduct and attempt to conduct financial transactions involving property that represented the proceeds of specified unlawful activity, knowing that the property involved in the financial transactions represented the proceeds of some form of unlawful activity, with the intent to promote the carrying on of the specified unlawful activity, in violation of Title 18, United States Code, Section conduct and attempt to conduct financial transactions involving property that represented the proceeds of specified unlawful activity, knowing that the property involved in the Case: Doc #2 146 Filed: 03/20/07 28 of 42. PagelD 977 -23- financial transactions represented the proceeds of some form of unlawful activity, and knowing that the transactions were designed in whole and in part to conceal and disguise the nature, the location, the source, the ownership, and the control of the proceeds of specified unlawful activity, in violation of Title 18, United States Code, Section and to knowingly engage and attempt to engage, in the United States, in monetary transactions affecting interstate commerce, in criminally derived property that was of a value greater than $10,000 and was derived from specified unlawful activity, in violation of Title 18, United States Code, Section 1957(a). 3. For the purpose of the preceding paragraph, the specified unlawful activity consisted of: conspiracy to transport and harbor aliens, in violation of Section 274 of the Immigration and Nationality Act (Title 8, United States Code, Section harboring aliens, in violation of Section 274 of the Immigration and Nationality Act (Title 8, United States Code, Section employing ten and more unauthorized aliens, in violation of Section 274 of the Immigration and Nationality Act (Title 8, United States Code, Section mail fraud, in violation of Title 18, United States Code, Section 1341; and wire fraud, in violation of Title 18, United States Code, Section 1343. Case: Doc 146 Filed: 03/20/07 29 of 42. PageID 978 -29- OBJECTS OF THE CONSPIRACY 4. The objects of the conspiracy were to: convert the proceeds of immigration violations, mail fraud, and wire fraud into cash that could be used to pay rents, utility bills, and transportation expenses for alien workers in order to further promote and carry on the immigration violations, mail fraud, and wire fraud; convert the proceeds of immigration violations, mail fraud, and wire fraud into cash and to conceal it within several different bank accounts so that the immigration violations, mail fraud, and wire fraud would not be detected; and convert the proceeds of immigration violations, mail fraud, and wire fraud into amounts of money greater than $10,000 that the defendants and their co-conspirators could use for any purpose. MANNER AND MEANS 5. Defendants and their co?conspirators employed the following manner and means to attain the objectives of the conspiracy: The Grand Jury realleges, as if fully set forth herein, all of the allegations of Paragraph 4 of Count 4 of this Indictment. During the time period referred to in paragraph 2 of this Count, HV CONNECT INC., and other defendants and conspirators provided aliens to work as temporary employees at various client company businesses in the Northern District of Case: Doc #2 146 Filed: 03/20/07 30 of 42. PageID 979 -30- Ohio. During the time period referred to in paragraph 2 of this Count, these various client companies provided payments in the form of checks and wire transfers to HV CONNECT INC. and other defendants and conspirators, said payments representing the wages earned by the alien temporary employees. During the time period referred to in paragraph 2 of this Count, HV CONNECT INC., and other defendants and conspirators deposited the aforementioned payments into business bank accounts of HV CONNECT INC., including Bank One account numbers and During the time period referred to in Paragraph 2 of this Count, the defendants and their co?conspirators and employees promoted the scheme by writing checks on the business bank accounts of HV CONNECT INC. to pay rents, utility bills, and transportation expenses for alien workers of HV CONNECT INC. and TN JOB SERVICE. Defendants and their co-conspirators caused client companies to use the United States Postal Service, to mail checks and correspondence to HV CONNECT INC. and TN JOB SERVICE. Defendants and their co?conspirators made and caused to be made, in interstate and foreign commerce, wire transfers of funds that represented the proceeds of immigration violations, mail fraud, and wire fraud. Defendants and their co-conspirators then deposited and caused to be deposited checks into the business bank accounts of Case: Doc #2 146 Filed: 03/20/07 31 of 42. PagelD 980 -31- HV CONNECT INC., as well as other bank accounts, with the intent to disguise the nature, location, source, ownership, and control of the proceeds of immigration violations, mail fraud, and wire fraud. Defendants and their co?conspirators then withdrew and caused to be withdrawn from the business bank accounts of HV CONNECT INC. and other bank accounts funds in amounts greater than $10,000. Defendants and their co?conspirators then wrote checks on the business bank accounts of HV CONNECT INC. and other bank accounts to obtain cash to pay alien employees to further promote the immigration violations, mail fraud, and wire fraud. Between on or about January 27, 2000, and on or about October 23, 2002, defendants HON VUONG, ASHRAF M. ABDELWAHED, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, and their co?conspirators laundered approximately $5,393,956.05 of the unlawfully obtained proceeds of immigration violations, mail fraud, and wire fraud through various business and personal bank accounts. OVERT ACTS 6. In furtherance of the conspiracy and to effect its objects, in the Northern District of Ohio, Eastern Division, defendants HON VUONG, ASHRAF M. ABDELWAHED, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, Case: Doc #2 146 Filed: 03/20/07 32 of 42. PagelD 981 -32- aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, acting on their own and on behalf of HV CONNECT INC. and TN JOB SERVICE, and other conspirators committed the following overt acts: The Grand Jury realleges, as if fully set forth herein, all of the allegations of Paragraph 5 of Count 4 of this Indictment. Defendants and other conspirators engaged in the monetary transaction(s) as described in Count 8, incorporated by reference herein, which transactions were disbursements of the proceeds of immigration violations, mail fraud, and wire fraud. Between on or about March 10, 2000, and on or about October 11, 2000, in the Northern District of Ohio, Eastern Division, conspirators wrote approximately $182,855.00 in checks on the HV CONNECT INC. Bank One account number payable to HON VUONG. Between on or about May 31, 2000, and on or about October 12, 2000, conspirators engaged in transactions for personal expenses, including restaurant expenses in Vietnam, casinos, and liquor stores, using the HV CONNECT INC. Bank One account number which transactions involved the proceeds of immigration violations, mail fraud, and wire fraud. Between on or about December 4, 2000, and on or about December 2, 2001, conspirators engaged in transactions for personal expenses, including jewelry, clothing, vacation theme Case: Doc #2 146 Filed: 03/20/07 33 of 42. PagelD 982 -33- parks, casinos, and liquor stores, using the HV CONNECT INC. Bank One account number which transactions involved the proceeds of immigration violations, mail fraud, and wire fraud. Between on or about March 3, 2000, and on or about October 23, 2002, ASHRAF M. ABDELWAHED, DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY deposited approximately $146,976.73 into the Astoria Federal Savings bank account number of ALEXANDRIA EMPLOYMENT AGENCY INC., most of which transactions involved the proceeds of immigration violations, mail fraud, and wire fraud. A11 in violation of Title 18, United States Code, Section 1956(h). COUNT 8 (Money Laundering) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. 2. Beginning on or about January 27, 2000, the exact date being unknown to the Grand Jury, and continuing through on or about October 23, 2002, in the Northern District of Ohio, Eastern Division, and elsewhere, the defendants, HON VUONG, HV CONNECT INC., TN JOB SERVICE, and LE DANG, along with other persons whose identities are known and unknown to the Grand Jury, knowingly engaged in and attempted to engage in a monetary transaction affecting interstate commerce in criminally derived property that Case: Doc #2 146 Filed: 03/20/07 34 of 42. PagelD 983 -34- was of a value greater than $10,000 and was derived from specified unlawful activity, in that on or about the following dates, the following defendants made deposits and wrote checks, and caused deposits to be made and checks to be written in the following approximate amounts, which deposits and checks represented the proceeds of immigration violations, mail fraud, and wire fraud: 1957(a) and 2. all of the allegations of Count 1, COUNT 9 The Grand Jury further charges: 1. Paragraph 1 thereof. Ohio, 2. On or about August 1, Eastern Division, 2002, the defendant, (False Statements) Check No Date Defendant Acct No. No. Amount Payee 6/22/00 HV CONNECT Bank One 1112 $17,000.00 Lexus of INC. Akron- Canton 6/23/01 HV CONNECT Bank One 1525 $13,100.00 Sybig INC. Constr. 11/6/01 HV CONNECT Sun National Deposit $28,096.62 Deposit INC. Bank to Girlya account All in violation of Title 18, United States Code, Sections The Grand Jury realleges as if fully set forth herein, except those contained in in the Northern District of JOHN M. TURNER, in a matter within the jurisdiction of the executive branch of the United States Government, that is, a criminal investigation by Case: Doc 146 Filed: 03/20/07 35 of 42. PageID 984 -35- the United States Department of Justice, Immigration and Naturalization Service, did knowingly and willfully make a materially false statement and representation, in that: JOHN M. TURNER falsely stated that he did not receive any payment from HV CONNECT INC. for assistance JOHN M. TURNER had provided to HV CONNECT INC., when in fact JOHN M. TURNER had received cash payments from Trung Nguyen, An Quoc Nguyen, and HV CONNECT and JOHN M. TURNER falsely stated that he did not know the contents of any faxes that Trung Nguyen and HV CONNECT INC. had sent from Case Farms, when in fact JOHN M. TURNER knew that the faxes sent from Case Farms were HV CONNECT INC. invoices to their client companies in the Northern District of Ohio. All in violation of Title 18, United States Code, Section 1001(a)(2). COUNT 10 (False Statements) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. 2. On or about April 1, 2005, in the Northern District of Ohio, Eastern Division, the defendant, JOHN M. TURNER, in a matter within the jurisdiction of the executive branch of the United States Government, that is, a criminal investigation by the United States Department of Homeland Security, Bureau of Case: Doc #2 146 Filed: 03/20/07 36 of 42. PageID 985 ~36- Immigration and Customs Enforcement, did knowingly and willfully make a materially false statement and representation, in that: JOHN M. TURNER falsely stated that he had not received any payment for assistance JOHN M. TURNER had provided to HV CONNECT INC., when in fact JOHN M. TURNER had received cash payments from Trung Nguyen, An Quoc Nguyen, and HV CONNECT JOHN M. TURNER falsely stated that he did not know what other client companies had hired HV CONNECT INC., when in fact JOHN M. TURNER had prepared invoices for the client companies and had faxed them to the client companies on behalf of HV CONNECT and JOHN M. TURNER falsely stated that he did not know whether HV CONNECT INC. had actually opened an office in New Philadelphia, Ohio, when in fact JOHN M. TURNER prepared an application to the Holmes County Chamber of Commerce on behalf of HV CONNECT STAFFING and placed several telephone calls to the HV CONNECT STAFFING office in New Philadelphia, Ohio, between August 19, 2001, and September 25, 2001. All in violation of Title 18, United States Code, Section 1001(a)(2). COUNT 11 (False Statements) The Grand Jury further charges: 1. The Grand Jury realleges as if fully set forth herein, all of the allegations of Count 1, except those contained in Paragraph 1 thereof. Case: Doc #2 146 Filed: 03/20/07 37 of 42. PageID 986 -37- 2. On or about April 25, 2005, in the Northern District of Ohio, Eastern Division, the defendant, JOHN M. TURNER, in a matter within the jurisdiction of the executive branch of the United States Government, that is, a criminal investigation by the United States Department of Homeland Security, Bureau of Immigration and Customs Enforcement, did knowingly and willfully make a materially false statement and representation, in that: JOHN M. TURNER falsely stated that he had not received any payment for assistance JOHN M. TURNER had provided to HV CONNECT INC., when in fact JOHN M. TURNER had received cash payments from Trung Nguyen, An Quoc Nguyen, and NV CONNECT and JOHN M. TURNER falsely stated that the only assistance he had provided to HV CONNECT INC. was to provide references for HV CONNECT INC. to other client companies, when in fact JOHN M. TURNER knew and failed to disclose that: (1) JOHN M. TURNER had allowed HV CONNECT INC. to use his private Post Office Box in Winesburg, Ohio, as a business address in HV CONNECT USA promotional materials; (2) JOHN M. TURNER maintained and personally paid for a telephone line at his residence in Winesburg, Ohio, a number that appeared on HV CONNECT invoices, promotional materials, and correspondence with HV CONNECT INC. client companies in the Northern District of Ohio; (3) JOHN M. TURNER maintained and personally paid for a telephone fax line at his residence in Winesburg, Ohio, a number Case: Doc 146 Filed: 03/20/07 38 of 42. PageID 987 -33- that appeared on HV CONNECT business cards, invoices, promotional materials, and correspondence with HV CONNECT INC. client companies in the Northern District of Ohio; and (4) JOHN M. TURNER maintained and personally paid for a toll?free telephone line at his residence in Winesburg, Ohio, a number that appeared on HV CONNECT business cards and promotional materials for HV CONNECT INC., under the name HV CONNECT USA. All in violation of Title 18, United States Code, Section 1001(a)(2). IONS IMMIGRATION VIOLATION FORFEITURE ALLEGATION The Grand Jury further charges: 1. The allegations contained in Counts 1 through 3 of this indictment are hereby realleged and incorporated by reference as if fully set forth herein for the purpose of alleging forfeiture pursuant to the provisions of Title 8, United States Code, Section 1324(b); Title 28, United States Code, Section 2461(0); and Title 18, United States Code, Section 982(a)(6). Pursuant to Rule 32.2, Fed. R. Crim. P., notice is hereby given to the defendants that, in the event of any defendant's conviction under Counts 1 through 3 of this indictment, the United States will seek the forfeiture of the following properties as part of any sentence: all conveyances [including any vehicles] that were used in the commission of the violations contained in Counts 1 through 3; the gross proceeds of such violations; and, all property traceable to such conveyances and proceeds. Case: Doc #2 146 Filed: 03/20/07 39 of 42. PageID 988 -39- 2. Money judgment. The defendants, HON VUONG, ASHRAF M. ABDELWAHED, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, shall forfeit property, including but not limited to, a sum of money equal to the gross proceeds [approximately $5,393,956.05] of each offense set forth in Counts 1 through 3 for which the defendant is convicted. 3. The above-named defendants, and each of them, are jointly and severally liable for the forfeiture obligations as alleged above. All pursuant to Title 8, United States Code, Section 1324(b); Title 28, United States Code, Section 2461(0); and Title 18, United States Code, Section 982(a)(6). MAIL FRAUDZWIRE FRAUD FORFEITURE ALLEGATION The Grand Jury further charges: 1. The allegations contained in Counts 4 through 6 of this indictment are hereby realleged and incorporated by reference as if fully set forth herein for the purpose of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section 981(a)(l)(C) and Title 28, United States Code, Section 2461(c). Pursuant to Rule 32.2, Fed. R. Crim. P., notice is hereby given to the defendants that, in the event of any defendant?s conviction under Counts 4 through 6 of this indictment, the United States will seek the forfeiture of the following property as part of any sentence: all property, real Case: Doc 146 Filed: 03/20/07 40 of 42. PageID 989 -40- and personal, which constitutes or is derived from proceeds traceable to the violations contained in Counts 4 through 6. 2. Money judgment. The defendants, HON VUONG, ASHRAF M. ABDELWAHED, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, shall forfeit property, including but not limited to, a sum of money equal to the gross proceeds [approximately $5,393,956.05] of each offense set forth in Counts 4 through 6 for which the defendant is convicted. 3. The above-named defendants, and each of them, are jointly and severally liable for the forfeiture obligations as alleged above. All pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c). MONEY LAUNDERING FORFEITURE ALLEGATION The Grand Jury further charges: 1. The allegations contained in Counts 7 and 8 of this indictment are hereby realleged and incorporated by reference as if fully set forth herein for the purpose of alleging forfeiture pursuant to the provisions of Title 18, United States Code, Section 982(a)(1). Pursuant to Rule 32.2, Fed. R. Crim. P., notice is hereby given to the defendants that, in the event of any defendant?s conviction under Counts 7 and 8 of this indictment, the United States will seek the forfeiture of the following property as part of any sentence: all property, real Case: Doc #2 146 Filed: 03/20/07 41 of 42. PagelD 990 -41- and personal, involved in the violations contained in Counts 7 and 8. 2. Money Judgment. The defendants, HON VUONG, ASHRAF M. ABDELWAHED, HV CONNECT INC., TN JOB SERVICE, JOHN M. TURNER, LE DANG, JOHN DOE, aka AZIZ BADRI, aka AZIZ BENBADRI, aka DEBBIE ABDELWAHED, and ALEXANDRIA EMPLOYMENT AGENCY INC., aka ALEX EMPLOYMENT AGENCY, shall forfeit property, including but not limited to, a sum of money equal to the total amount of money [approximately $5,393,956.05] involved in each offense set forth in Counts 7 and 8 for which the defendant is convicted. 3. The above-named defendants, and each of them, are jointly and severally liable for the forfeiture obligations as alleged above. All pursuant to Title 18, United States Code, Section 982(a)(1). SUBSTITUTE PROPERTY 1. Pursuant to Title 21, United States Code, Section 853(p), each defendant shall forfeit substitute property, up to the value of the property described above, if, by any act or omission of the defendant, the property described above, or any portion thereof: cannot be located upon the exercise of due diligence; has been transferred, sold to or deposited with a third party; (0) has been placed beyond the jurisdiction of the court; Case: Doc #2 146 Filed: 03/20/07 42 of 42. PageID 991 -42- has been substantially diminished in value; or has been commingled with other property which cannot be divided without difficulty. A TRUE BILL. Original document -- Signatures on file with the Clerk of Courts, pursuant to the E-Government Act of 2002.