Brothers indicted in alleged immigration scheme: Brownsville natives charged with obtaining fraudulent work visas

Apr 05, 2008 (The Brownsville Herald - McClatchy-Tribune Information Services via COMTEX) -- -- A federal grand jury has returned a 19-count indictment against twin brothers Alberto and Bernardo Pena, and three others on charges of obtaining fraudulent work visas for more than 80 Indian nationals.

The Pena brothers, both 38, face charges of obtaining fraudulent H-2B visas, which are used to procure foreign manual labor. The visas are for non-immigrants and allow an employer in the United States to hire foreign workers for temporary non-agricultural work, according to federal court documents.

Also named in the indictment are Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, and Marte Othon Villar Sr., 48, according to federal court documents. Are all charged with encouraging and inducing the illegal immigration of the Indian nationals in exchange for thousands of dollars per visa.

"Today's significant charges represent the excellent task force-like efforts of four federal agencies," U.S. Attorney Don DeGabrielle said in a prepared statement issued Friday. "All of the criminal charges are the result of a multi-agency, multi-jurisdictional investigation." Immigration and Customs Enforcement, the Department of State, Department of Labor, and the Internal Revenue Service all worked together on the case.

Charles Keith Viscardi, 48, the owner and manager of a construction company located in New Iberia, La., is alleged to have enlisted AMEB Business Group Inc., a visa facilitation firm owned and operated by the Penas and Villar, to hire foreign workers.

Viscardi asked AMEB Business Group Inc. to procure foreign manual labor under the H-2B visa program.

Viscardi, who was charged on March 20 with conspiring to encourage and induce illegal immigration in connection with the Indian scheme, is scheduled to appear before U.S. Magistrate Colvin Botley. If convicted, he faces up to 10 years in prison and a $250,000 fine.

AMEB procured workers from Mexico for Viscardi's construction company, however, the Penas and Villar also submitted documentation to the Department of Homeland Security, Citizenship and Immigration Services and other governmental agencies seeking workers from India on behalf of Viscardi.

Mack, of Fort Worth, and Rakesh, of Houston, recruited citizens of India who were willing to pay between $20,000 to $80,000 in exchange for visas to enter the U.S., the news release states.

In spring 2006, Alberto and Bernardo traveled to India to assist the Indian nationals with the application process and allegedly visited and communicated with the U.S. Consulate in Mumbai.

The U.S. Consulate in Mumbai received an anonymous fax on Feb. 26, 2006, "which alleged that a recent group of visa applicants had each fraudulently obtained visas by paying an unknown U.S. person fees between $57,000 to $68,000," court documents show.

The 88 Indian nationals began to arrive in the United States from late February to late March 2006 and entered the country, court documents show.

Each of the Indian nationals that were granted H-2B visas arrived to Houston, where they made payments for their visas in the form of cash, cashiers checks and international money orders.

"None of the Indian nationals were ever employed by Viscardi at the construction company," the news release states. "Instead, they simply disappeared throughout the U.S. after paying for their fraudulently obtained visas. All of the conspirators, including Villar and Viscardi, shared in the proceeds derived from the scheme."

All defendants are accused of assisting in the procurement of the H-2B visas for the Indian nationals, although they allegedly knew none had intentions of working for the company that obtained the visas on their behalf.

If convicted, they each face a maximum penalty of up to 15 years in prison and a $500,000 fine. Bernardo faces an additional 20 years in prison and a $500,000 fine if convicted of money laundering for the purpose of concealment. Mack and Alberto each face an additional 10 years in prison and a $250,000 fine if convicted of violating the money laundering spending statute.

Mack and Rakesh appeared Thursday before U.S. Magistrate Mary Milloy in Houston. They were released on a $50,000 bond. They are scheduled to appear in federal court on April 15 before U.S. Magistrate Calvin Botley in Houston.

Alberto appeared Friday before Milloy and was released on a $50,000 bond.

Bernardo and Villar remain at large, and warrants for their arrest have been issued.

Anyone with information regarding their whereabouts is asked to contact U.S. Immigration and Customs Enforcement at 1-866-DHS-2-ICE (866-347-2423).

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