Case Document 4 Filed 05/03/17 Page 1 of 1 A0 91 (Rev. 11/11) Criminal Complaint UNITED STATES DISTRICT COURT for the District of Massachusetts United States of America V. . YUE WANG AND SHIKUN ZHANG case Defendant(s) CRIMINAL COMPLAINT I, the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about the date(s) of December?4, 2015 in the county of SUffOik in the District of Massachusetts the defendant(s) violated: Code Section Offense Description ?18 U.S.C. 371 In that defendants, engaged in a conspiracy to obstruct the lawful functions of the Department of Homeland Security in obtaining F??l non?immigrant student visas by entering into an agreement whereby Wang would take the TOEFL exam in the place of Zhang in order for Zhang to be fraudulently awarded a TOEFL score that meets the minimum entrance requirement for an American coliege or university, which would facilitate Zhang obtaining an F1 non-immigrant student visa. This criminal complaint is based on these facts: See attached affidavit of Special Agent Robert B. Fisher Bf Continued on the attached sheet. 1? nt, Sworn to before me and signed in my presence. (1 Judge szgnatw 1 Boston, MA M. Page Kelley, United States Magistrate ge City and state: Printed name and title Case Document 4-1 Filed 05/03/17 Page 1 of 7 AFFIDAVIT OF ROBERT B. FISHER IN SUPPORT OF APPLICATION FOR A COMPLAINT I, Robert B. Fisher, being duly sworn, depose and state the following: l. I am a Special Agent of the United States Immigration and Customs Enforcement Homeland Security Investigations I am currently assigned to the Of?ce of the Special Agent in Charge Boston, Massachusetts, Document and Bene?t Fraud Task Force and have been so employed since August 2009. I am a graduate of the Criminal Investigator Training Program and the ICE Special Agent Training Program at the Federal Law Enforcement Training Center in Georgia. I have training and experience in the enforcement of the Immigration and Nationality Act laws of the United States and am fully familiar with the statutes applicable to the charge of conspiracy to defraud the United States as it relates to passport misuse, visa fraud, and immigration bene?ts to include non-immigrant visa applications and the Student and Exchange Visitor Program. I have assisted in prior investigations involving passport misuse and visa fraud for the purpose of obtaining immigration and other bene?ts. I have also received advanced training in identity and bene?t fraud at the FLETC. Prior to becOming an ICE HSI Special Agent, I was employed as an Inspector and Program Manager with the United States Customs Service for nearly seven (7) years. I received a Bachelor?s degree in Criminal Justice from Stonehill College and a Master?s degree in Homeland Security Leadership from the University of Connecticut. 2. Based upon my training and experience, I know that it is a violation of Title 18 of the United States Code, Section 371 for two or more persons to conspire to defraud the United States, here speci?cally, by conspiring to obstruct the lawful functions of the Department of Homeland Security to fraudulently obtain F?l non-immigrant student visas ?l visas?). The conspiracy charged in this complaint invoives a foreign national (?Test Taker?), Case Document 4-1 Filed 05/03/17 Page 2 of 7 entering into an agreement to take the Test of English as a Foreign Language exam in the place of another foreign national (?Bene?ciary?). The object of the conspiracy is for the Bene?ciary to be fraudulently awarded a TOEFL score that meets an American college or university?s minimum entrance requirement, which would facilitate the Bene?ciary obtaining an F-I visa. 3. The following af?davit is furnished to support a criminal complaint against Yue Wang and Shikun Zhang. Based on the facts contained in this af?davit, I believe there is probable cause to believe that the above?named individuals have violated 18 U.S.C. ?371. 4. The facts herein are based on my involvement in this investigation, a review of reports written by other law enforcement of?cers during this investigation, and my conversations with?those of?cers. In submitting this af?davit, I have not included every fact known to me regarding this investigation. Instead, I have included only those facts that I believe are suf?cient to establish probable cause. Background 5 . In May 2016, opened an investigation regarding possible fraud involving Chinese nationals and college admissions exams occurring in the Boston area. The information was developed from an investigation by the H81 Philadelphia and by information from the Educational Testing Service a nonpro?t company that develops, administers, and scores various college admissions tests worldwide, including the TOEFL. i 6. The TOEFL exam is an English language test recognized by more than 9,000 colleges, universities, and agencies in more than 130 countries. It is used by the United States government in issuing, extending, or renewing ?1 visas, and as an entrance requirement for colleges and universities. 7. An F?i visa is issued to international students who are attending an academic Case Document 4-1 Filed 05/03/17 Page 3 of 7 program or English Language Program at a United States college or university. The process is controlled by the Student and Exchange Visitor Program and requires the international student to take the TOEFL exam and use his/her score to apply for admission to a SEVP?certi?ed school. Acceptance at these institutions is dependent on, among other factors, the student achieving the particular school?s minimum TOEFL score requirement. If the student is accepted to a school, the student is issued a Form 1-20 by the designated school of?cial. The Form 1-20 is a multi-purpose document issued by a DHS-approved educational institution certifying that a student has been legitimately admitted to a full~time study program. The student then uses the 1-20 form to apply for a student visa from the United States Department of State. Once arriving in the United States, the student presents his/her orm 1-20 and student visa to the United States Customs and Border Protection for the purpose of gaining admission to the United States to attend their respective school. 8. As such, an international student?s ability to obtain an F?l visa depends on his/her ability to ?achieve the minimum TOEFL score for admittance to an American college or university. 9., Based on my training and experience, Iknow that one method used to obtain such a minimum TOEFL score is for a Bene?ciary Who cannot achieve a school?s minimum TOEFL requirement to hire an imposter Test Taker to take the exam in his/her place. 10. By various means, the Test Taker will be provided access to the Bene?ciary?s ETS account (necessary to register for exams, check score results, and send out scores to colleges) and identi?cation (typically the Bene?ciary?s international passport), and present that account information and passport to the ETS of?cial administering the TOEFL exam. 11. When a student arrives for a TOEFL exam, the TOEFL administrator will record What identification a student uses, and in the case of a passport, note the passport number in the Case Document 4-1 Filed 05/03/17 Page 4 of 7 ETS registered account associated with that particular student. Additionally, the person who is physically present for the exam is photographed, and that photograph becomes part of the ETS record. As such, when a Bene?ciary has taken a TOEFL exam legitimately on multiple occasions, his/her true likeness may be included on the ETS record associated with one or more exam scores that fail to achieve the minimum TOEFL requirement for the school they currently attend. The Bene?ciaries? ETS record will also include an exam score that does meet their school?s minimum entrance requirement with a different person depicted for that exam. 12. The Bene?ciary agrees to pay the Test Taker or unknown third-parties for the Test Taker to take the TOEFL exam for him/her. 13. Underlying this scheme is the interest in not allowing its F-l Visa program to be exploited by those individuals who have not legitimately earned the right to attend an American college or university, but gained entry into the United States in part, through this fraudulent process. Investigation 14. Yue Wang (?Wang?) is currently an -1 non?immigrant student from China attending the Hult International Business School in Cambridge, MA. 15. In the Spring of 2016, Special Agents from and Diplomatic Security Service Boston Field Of?ce received information from the H81 Philadelphia and ETS that a person intended to impersonate another Chinese national and take an upcoming I TOEFL exam in her place in Boston on May 21, 2016. On that day, YY was removed from the testing room while taking the exam by an ETS Investigator on suspicion of being an impostor. YY is also an F-I non-immigrant student from China attending the Hult International Business School. After being Mirandized by law enforcement, YY agreed to speak with me and another law enforcement of?cer. While under oath, YY admitted to being a paid Test Taker and was in Case Document 4-1 Filed 05/03/17 Page 5 of 7 possession of a People?s Republic of China passport in the identity. of YY stated that her friend and classmate Wang had been contacted by someone in China to take the May 21, 2016 TOEFL exam on the behalf of SWC, but asked YY to take the TOEFL exam for her. YY stated that Wang had paid her $100 upfront and had promised her another $800 if she achieved a score of ninety (90) or better on the TOEFL exam. 16. On May 24, 2016, I participated in a consensual interview of Wang at her residence in Malden, MA. After being Mirandized and while under oath, Wang admitted to hiring her friend and classmate YY to take a TOEFL exam in her place under the identity of SWC. Wang also admitted to having been a Test Taker on at least three (3) other occasions but decided against taking the May 21, 2016, exam for SWC because she read in the news about entrance exam Test Takers being arrested. Wang was able to recall taking the TOEFL exam for two women and Subsequent research by ETS revealed photos depicting Wang under the 2 above-listed names as well as the name Shikun Zhang (?Zhang?) with TOEFL exam dates and valid scores in December 2015 (Zhang), and two occasions in March 2016 (LH and XC). 17. Wang con?rmed that she received genuine Chinese passports either through the mail, or on one occasion in person, and used those passports as identification to take TOEFL exams under those respective identities. I then inspected Wang?s phone which revealed: i) sicreenshots of ETS account information for LH and ii) photographs of genuine Chinese passport; and USPS and FedEx receipts detailing packages being sent between Wang and LH. Wang admitted to having been paid nearly $7,000 for taking these TOEFL exams in place of Zhang, LH, and XC. 18. Zhang is currently an F-l non?immigrant student from China attending Northeastern University in Boston, MA. Case Document 4-1 Filed 05/03/17 Page 6 of 7 19. On August 31, 2016, I participated in a consensual interview of Zhang at her apartment in Boston. After being Mirandized, Zhang admitted that in 2015, she paid $3,000 to have someone take the TOEFL exam for her. She explained that using a texting service she contacted an unknown third-party Broker, she believed to reside in China, and was instructed to meet a woman in Boston and provide this person with her genuine Chinese passport, which she admitted doing. 20. My review of Northeastern University?s admission standards show that international students who wish to attend Northeastern University must achieve a minimum score of 92 on the TOEFL exam. My review of the ETS records associated with Zhang revealed that on November 2, 2014, December 13, 2014, and December 28, 2014, a person sat for the TOEFL exam and failed to'earn a score that met Northeastern?s minimum entrance requirement. Further review of Zhang?s ETS account revealed that that on December 4, 2015, a person sat for the TOEFL exam and earned a 96, which surpassed N01theastern?s minimum entrance requirement. 21. Zhang was then shown these ETS records, which included the photographs of the individual who took the TOFEL exam under her identity on those occasions. Zhang admitted that the woman depicted on the ETS record associated with the November 2, 2014, December 13, 2014, and December 28, 2014 TOEFL exams was her. Zhang further admitted that the woman depicted on the December 4, 2015 TOEFL exam which took place in Boston, MA, whose TOEFL score she used to gain admission to Northeastern University and obtain an F?l visa, was not her. The ETS records further showed thatfor the December 4, 2015 TOEFL exam, the person who took the exam under the Zhang identity provided the passport number associated with Zhang?s genuine passport. Conclusion 22. Based on the foregoing, I believe there is probable cause to believe that Yue Case Document 4-1 Filed 05/03/17 Page 7 of 7 Wang and Shikun Zhang, engaged in a conspiracy to obstruct the lawful functions of the DHS in obtaining F?l visas by entering into an agreement whereby Wang. would take the TOEFL exam in the place of Zhang in order for Zhang to be fraudulently awarded a TOEFL score that meets the minimum entrance requirement for an American college or university, which would facilitate Zhang obtaining an F-l visa in violation of Section 371 of Title inf the United States Code. Jr?? Robert B. Fifsher, Special Agent US. Immigration and Customs Enforcement Homeland Security Investigations Sworn to before me this 3rd day of May 2017. HonorableMEa Eeigelleur . United 22J?t?w? 411a 23x?? 92%? . i is U) {b {1?9 [fix], Case Document 4-2 Filed 05/03/17 Page 1 of 2 45 (5/97) - (Revised U.S.D.C. MA 3/25/2011) Criminal Case Cover Sheet U.S. District Court - District of Massachusetts Place of Offense: Category 0. Investigating Agency HSHCE City Related Case Information: County Suffolk Superseding Ind/ Inf. Case No. Same Defendant New Defendant Magistrate Judge Case Number 17-6079-MPK Search Warrant Case Number 40 from District of Defendant Information: Defendant Name Yue Wang Juvenile: I Yes .No Is this person an attomey and/or a member of any state/federal bar: El Yes No Alias Name Address (Citv State) Malden: MA Birth date (Yr only): 3% SSN (last4#): Sex Race: Asian Nationality: Chinese Defense Counsel if known: Address Bar Number U.S. Attorney Information: AUS A Nicholas Soivilien Bar Number if applicable 675757 Interpreter: Yes I: No List language and/or dialect: Mandarin/Cantonese Victims: DYes No Ifyes, are there multiple crime victims under 18 Yes No Matter to be SEALED: Yes No .Warrant Requested Regular Process I: In Custody Location Status: Arrest Date DAlready in Federal Custody as of in DAlready in State Custody at DSerVing Sentence lewaiting Trial Pretrial Release: Ordered by: on Charging Document: Complaint El Information Indictment Total of Counts: : Petty DMisdemeanor Felony Continue on Page 2 for Entry of U.S.C. Citations I hereby certify that the case numbers of any prior proceedings before a Magistrate Judge are accurately set forth above. Date: 5/03/2017 Signature of AUSA: Case Document 4-2 Filed 05/03/17 Page 2 of 2 IS 45 (5/97) (Revised U.S.D.C. MA 12/7/05) Page 2 of 2 or Reverse District Court Case Number (To be ?lled in by deputy clerk): Name of Defendant Yue Wang U.S.C. Citations Index Key/Code Description of Offense Charged Count Numbers Conspiracy Set 1 18 U.S.ADDITIONAL INFORMATION: USAMA Criminal Case Cover Sheetpdf 3/4/2013 Case Document 4-3 Filed 05/03/17 Page 10f2 ass 45 (5/97) - (Revised U.S.D.C. MA 3/25/2011) Criminal Case Cover Sheet U.S. District Court District of Massachusetts Place of Offense: Category No. II Investigating Agency City BDSIOD, MA I Related Case Information: County Suffolk - Superseding Indj Inf. Case No. Same Defendant New Defendant Magistrate Judge Case Number Search Warrant Case Number 40 from District of Defendant Information: Defendant Name Shikun Zhang Juvenile: Yes No Is this person an attorney and/or a member of any state/federal bar: Yes No Alias Name Address (City State) MA Birth date (Yr only): 1393? SSN (last4#): Sex Race: Asian Nationality: Chinese Defense Counsel if known: I Address Bar Number U.S. Attorney Information: AUS A Nicholas Soivilien Bar Number if applicable 675757 Interpreter: Yes No List language and/or dialect: Mandarin/Cantonese Victims: : Yes NO If yes, are there multiple crime Victims under 18 Yes No Matter to be SEALED: Yes No .Warrant Requested Regular Process El In Custody Location Status: Arrest Date CIAlready in Federal Custody as of in DAlready in State Custody at DServing Sentence Dwaiting Trial On Pretrial Release: Ordered by: on Charging Document: Complaint Elnformation Indictment Total of Counts: : Petty DMisdemeanor Felony Continue on Page 2 for Entry of U.S.C. Citations I hereby certify that the case numbers of any prior proceedings before a Magistrate Judge are accurately set forth above. Date: 5/03/2017 Signature Case Document 4-3 Filed 05/03/17 Page 2 of 2 IS 45 (5/97) (Revised U.S.D.C. MA 12/7/05) Page 2 of2 or Reverse District Court Case Number (To be ?lled in by deputy clerk): Name of Defendant Shikun Zhang U.S.C. Citations Index Key/Code Description of Offense Charged Count Numbers Conspiracy Set 1 18 U.S.ADDITIONAL INFORMATION: USAMA Criminal Case Cover Sheetpdf 3/4/2013