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Visa Fraud Scandal Rocks Guam Construction Company
A Guam construction company and its president have been sentenced for their roles in a visa fraud scheme that brought in over $1 million.
Guam Construction Company (GCC) and its President Byong Hee Kang, 88, were convicted of Conspiracy to Commit Visa Fraud, while Choon Hee Kang, the company’s former Vice President and Byong Hee Kang’s sister, was sentenced for Conspiracy to Commit Money Laundering.
According to the U.S. Attorney’s Office, GCC and Byong Hee Kang intentionally misrepresented the occupations of H-2B workers in an effort to fraudulently obtain H-2B visas. After the workers arrived in Guam, Byong Hee Kang caused GCC to employ them in skilled occupations not authorized on their H-2B visas.
Choon Hee Kang and her co-defendants were also charged with Conspiracy to Launder Money, which involved financial transactions with visa fraud proceeds exceeding $1,140,878.07. The U.S. government sought the forfeiture of money equal to the value of the proceeds of that offense.
On March 20, 2017, Chief Judge Francis Tydingco-Gatewood of the District of Guam sentenced the Defendants as follows:
- GCC was sentenced to 5 years probation, during which it must submit to unannounced examination of its books and records by the probation officer or experts engaged by the court.
- GCC was ordered to pay $1,875,407.12 in criminal forfeiture, which represented visa fraud proceeds seized from the GCC corporate bank account.
- GCC was also ordered to pay an additional $27,000 fine and $400 assessment fee.
- Byong Hee Kang was sentenced to 3 years probation with 14 months of home detention.
- Byong Hee Kang was ordered to pay $10,000 fine, $2,334 restitution to R.N.Q., and $100 Special Assessment fee.
- Byong Hee Kang was also ordered to forfeit all rights and interest in the visa fraud proceeds.
- Choon Hee Kang was sentenced to time served and 3 years of supervised release.
- Choon Hee Kang was ordered to report to DHS for removal or deportation proceedings.
- Choon Hee Kang was ordered to pay $7,500 fine and $100 Special Assessment fee.
- Choon Hee Kang was also ordered to forfeit all rights and interest in the visa fraud proceeds.
Shawn N. Anderson, Acting U.S. Attorney for the Districts of Guam and the Northern Mariana Islands, stated, ‘Maintaining the integrity of the H-2B visa program is vital to our business community. The U.S. government will continue to prosecute those who seek personal enrichment through dishonest business practices. The forfeiture of nearly $2 million in visa fraud proceeds is a significant step toward accountability for corporate wrongdoers such as GCC, its President Byong Hee Kang and former Vice President Choon Hee Kang.’
The investigation was a joint effort involving local and federal law enforcement, including the Department of Homeland Security – Homeland Security Investigations, the Internal Revenue Service – Criminal Investigations, the U.S. Department of Labor – Wage & Hour Division, the Guam Department of Labor, and Guam Customs & Quarantine Agency. This case was prosecuted by Stephen F. Leon Guerrero and Belinda Alcantara, Assistant United States Attorneys for the District of Guam.
Key Facts
- State: Guam
- Category: White Collar Crime|Fraud & Financial Crimes
- Source: DOJ Press Release â†â€â€
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