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Owner of Information Technology Companies Sentenced To 15 Months in Prison for Visa Fraud and Tax Fraud


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Owner of Information Technology Companies Sentenced To 15 Months in Prison for Visa Fraud and Tax Fraud

USCIS Identified H-1B Visa Fraud and Initiated Investigation

NEWARK, N.J. – An owner of two information technology companies was sentenced Wednesday to 15 months in prison for his role in using phony documents to fraudulently obtain H-1B visas for foreign workers and submitting false tax returns, U.S. Attorney Craig Carpenito announced.

A U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security (FDNS) officer at the Vermont Service Center identified fraud and provided support to the investigation in this case. The FDNS Unit of the Newark Field Office then provided significant support to U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and other law enforcement partners during the criminal investigation that led to the confirmation, prosecution and conviction of visa fraud.

Sowrabh Sharma, 34, of New York, New York, previously pleaded guilty before U.S. District Judge Kevin McNulty in Newark federal court to a superseding information charging him with conspiracy to commit visa fraud and with subscribing to false tax returns. Judge McNulty imposed the sentence Wednesday in Newark federal court.

According to the documents filed in this case and statements made in court:

SCM Data Inc. and MMC Systems Inc. offered consultants to clients in need of IT support. Both companies recruited foreign nationals with purported IT expertise, often student visa holders or recent college graduates, and sponsored them for H-1B visas with the stated purpose of working for SMC Data and MMC Systems’ clients throughout the United States.

Sharma admitted that from 2010 through April 2015, he and others falsely represented to USCIS that dozens of foreign workers had full-time “in-house” positions, and would be paid an annual salary, as required to secure the visas. However, Sharma and his companies only paid the foreign workers when they were placed at a third-party client, or a company that entered into a contract for services with SCM Data and MMC Systems. Sharma further admitted that he and SCM Data and MMC Systems were violating U.S. Department of Labor regulations by not paying workers who were “benched,” or not working on a project.

Sharma also admitted that in some instances, foreign workers who were “benched” between projects and not working were told that if they wanted to maintain their H-1B visa status, they would need to come up with what their gross wages would be in cash and give it to SCM Data and MMC Systems to generate phony payroll checks.

Sharma also admitted that he intentionally overstated and claimed false expenses pertaining to SCM Data and MMC Systems on his U.S. Individual Tax Returns for 2011, 2012, 2013, and 2014 that resulted in a tax loss to the United States of over $1.1 million.

In addition to the prison term, Judge McNulty sentenced Sharma to one year of supervised release. Sharma made payment of the $1.1 million tax loss and penalties to the IRS prior to sentencing.

U.S. Attorney Carpenito praised special agents of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, under the direction of Special Agent in Charge Brian A. Michael, the U.S. Department of Labor, Office of Inspector General, under the direction of Acting Special Agent in Charge Michael C. Mikulka, in New York, and IRS – Criminal Investigation, under the direction of John R. Tafur, with the investigation.

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Sharma also admitted that in some instances, foreign workers who were “benched” between projects and not working were told that if they wanted to maintain their H-1B visa status, they would need to come up with what their gross wages would be in cash and give it to SCM Data and MMC Systems to generate phony payroll checks.

Mesthri gallu max ide sestharu andaru 

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2 minutes ago, snoww said:

same news ? USCIS site lo ninne padindi ee news.

nuvve choosindi might be different case

Oh ok, DB lo ilanti thadulu 4-5 paddayi. Maybe different cases. 

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These guys were charged in 2016. Sentenced recently.

Companies:

SCM Data, Inc; MMC Systems, Inc

Individuals:

Sowrabh Sharma, Attorney Sunila Dutt, Hiral Patel, Shikha Mohta, Hari Karne

Years of operation: 2010 till April 2015

DOL Audited in 2014. Then USCIS got involved in Jan 2015.

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15. When USCIS conducted an inquiry regarding Individual l's status, in or about January 2015, Defendant SHARMA's co-conspirators engaged in a scheme to obstruct that inquiry by: instructing Individual 1 to lie to an individual believed to be a USCIS employee regarding his/her residency; providing fictitious documentation as to that residency; and providing fictitious payroll information to Individual 1 to present to an individual believed to be a USCIS employee upon Individual 1 's cash payment to co-conspirator MMC.

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a. On or about October 16, 2014, co-conspirator MMC, through co-conspirator Sunila Dutt, and at the overall direction of Defendant SHARMA, submitted an 1-129 Petition ("Petition") to USCIS, under penalty of perjury, to extend the H-1B visa status of Individual 1. In or before January 2015, co-conspirator MMC stopped paying Individual 1.

b. On or about January 30, 2015, co-conspirator Sunila Dutt told Individual 1 to lie to an individual (whom co-conspirator Sunila Dutt believed to be a USCIS employee, but who was an undercover law enforcement agent) by falsely stating that Individual I had been living with a friend in Virginia or at a guesthouse controlled by co-conspirator MMC.

c. On or about February 2, 2015, co-conspirator Sunila Dutt sent an e-mail to Individual 1 containing false information to be given to an individual (whom co-conspirator Sunila Dutt believed to be a USCIS employee, but who was an undercover law enforcement agent), as fictitious proof that Individual 1 resided at co-conspirator MMC's guesthouse in January 2015.

d. On or about February 2, 2015, co-conspirator Harl Kame instructed Individual I to pay co-conspirator MMC in cash so that co-conspirator MMC could issue a check to Individual I and falsely claim that co-conspirator MMC paid Individual 1 wages in January 2015. 

e. On or about February 20, 2015, co-conspirator Harl Karne explained to Individual 1 the importance of having paystubs and employment status because USCIS would inquire about both.

f. On or about February 20, 2015, co-conspirator Shikha Mohta gave Individual 1 a paycheck drawn on the account of co-conspirator MMC in the net amount of $2,339.42, and Individual 1 gave co-conspirator Shikha Mohta $3,673.00 in cash.

g. In or about February 2015, in response to a USDOL audit, Defendant SHARMA's co-conspirators provided fabricated leave slips of foreign workers to the USDOL for the time periods that the foreign workers were benched to conceal the benching scheme and to conceal the fact that the foreign workers were not paid during those time periods as required by federal law.

h. In or about March 2015, in response to a USDOL audit, Defendant SHARMA's co-conspirators provided fabricated leave slips of foreign workers to the USDO L for the time periods that the foreign workers were benched to conceal the benching scheme and to conceal the fact that the foreign workers were not paid during those time periods as required by federal law.

 

https://www.justice.gov/usao-nj/press-release/file/1030661/download

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oka lawyer gaadu ee rendu companies ki h1 file chesindu. Vaani kooda bokkal tosaaru. aa attorny gaadu chesina tappu emitante, vaadu oka email oka h1b employee ki pampaadu. Daanni adhaaram ga chesi, vaani pattukunnaru

https://www.justice.gov/usao-nj/file/903346/download

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d. On or about February 2, 2015, Defendant DUTT sent an e-mail to Individual 1 containing false information to be given to an individual  (whom Defendant DUTI believed to be a USCIS employee, but who was an undercover law enforcement agent), as fictitious proof that Individual 1 resided at Company 2's guesthouse in January 2015.

ee board lo chaala mandi lawyers meeda complain chestuntaru, eppundanna lawyer gaadu "no" ani chepte. 

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44 minutes ago, JambaKrantu said:

Inhouse chesina Mestri's andaru close next 2 years lo.. 

When you are joining a Mestri check if he ever did inhouse projects and bought people from India..

Agreed

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