Fraud Summary - Kingston March 2009 - August 2009

UNCLAS KINGSTON 000790 SENSITIVE SIPDIS C O R R E C T E D COPY CAPTION E.O. 12958: N/A TAGS: CVIS KFRD CPAS CMGT ASEC JM SUBJECT: Fraud Summary - Kingston March 2009 - August 2009 ¶1. (SBU) SUMMARY. In the second half of FY 2009, Kingston's Fraud Prevention Unit (FPU) focused on IV relationship fraud and enhancing cooperation with our partners at the British and Canadian High Commissions and the law enforcement community within the Embassy. During the past two quarters, FPU attended a half-day joint conference for the fraud units of the U.S., British, and Canadian Missions; coordinated with CBP to train 212 airline representatives on fraudulent document detection; and implemented additional processes to prevent criminals from obtaining visas. FPU received 406 Nonimmigrant Visa (NIV) cases, 57 new Immigrant Visa (IV) cases, 21 ACS cases, and 150 external requests (database checks from DHS, airlines, local immigration, etc.). FPU processed an additional 391 walk-in cases and entered 2,427 CLASS records based on I-275 turn around reports, information from other agencies and other tips. Of all the visa cases referred, 42% of IV cases were confirmed fraud and 27% of the NIV cases were confirmed fraud. END SUMMARY -------------- COUNTRY CONDITIONS -------------- ¶2. (SBU) Jamaica, located 550 miles south of Florida, has a population estimated to be 2.8 million and a 2008 GDP of USD 14 billion. In 2008, remittances were responsible for 20% of GDP and, even before the effects of the economic downturn began to hit Jamaica, its 2008 unemployment rate was 11%. Independent since 1962, Jamaica is a member of the British Commonwealth with a constitutional parliamentary democracy with relatively high literacy rates, an outspoken and vibrant press, and an open market economy. Two parties, both originating from labor movements, dominate the political scene: the Jamaica Labor Party, elected in 2007 and led by Prime Minister Bruce Golding, and the Peoples National Party. ¶3. (SBU) Jamaica is a major producer of marijuana ("ganja") for the U.S. market. Jamaica is also routinely exploited as a narcotics (including cocaine) transshipment hub. Jamaica is also a significant transit hub for other contraband, particularly weapons smuggling in the form of a robust guns for drugs trade with Haiti. The Department rates the crime threat as critical. Depressed economic conditions and the presence of the drug trade contribute to civil unrest and criminal activity, including significant visa and citizenship fraud. Illegal migration, transnational crime, economic inertia, and a formidable HIV/AIDS presence adversely affect U.S. national security, economic, democracy, and other strategic interests. ¶4. (U) Jamaica's proximity to the U.S. mainland and well-developed sea lanes and air links facilitate the movements of over two million travelers, including well over two million American tourists annually between the United States and Jamaica. An estimated 34,100 U.S. citizens reside in Embassy Kingston's consular district, which includes the Cayman Islands. Kingston's Consular Section supports consular agents in Montego Bay and the Cayman Islands. ¶5. (SBU) The incidence of suspected fraud in many government agencies is high. Visa applicants often submit forged or altered birth, marriage, and police certificates. Jamaica's corruption index score by Transparency International has a 2.8% confidence, placing it 96 out of 180 rated countries, which is well below other WHA countries, such as Costa Rica, Cuba, Mexico, and Chile. -------------- NONIMMIGRANT VISA FRAUD -------------- ¶6. (SBU) H-2B PETITION FRAUD: Post has been involved in assisting the U.S. Attorney for the Eastern District of Virginia in a criminal case against two of the Jamaican recruiters that were finding workers for convicted alien trafficker Victor Krus: Clover Mae Robinson-Gordon and O'Brian Gordon (Obriclo Marketing Agency). ICE, DS and the members of the US Attorney's office came to Kingston to observe H2b interviews as well as to familiarize themselves with post's H2b intake procedures. Kingston's Visa Chief will be testifying as a witness in the case in October 2009. FPU also learned that Hospitality Management and Catering Services had also been involved with supplying labor to Viktar Krus for his staffing companies. In April, the Fraud Prevention Manager along with an Entry Level Officer met with personnel from the Ministry of Labour Overseas Employment Department regarding its processing of H2B visas applicants and H2A agricultural workers. FPU has expressed interest in the MOL's H2B and H2A conference tentatively scheduled for late January to early February 2010. ¶7. (U) NIV DUAL IDENTITY CASE: Post has seen an increase in the number of identity fraud cases caught through Facial Recognition. Two cases in particular were performers who required a waiver for prior drug activity through the ARO. In both cases, FR showed that the applicant had been issued a visa under a different identity. Both applicants were subsequently refused 6(C)(1). In both cases, post requested an Advisory Opinion withdrawing its recommendation for a waiver to which the Department agreed. An Immigration Officer employed by the Passport, Immigration and Citizenship Agency (PICA) was terminated after FPU's investigations revealed discrepancies on her letter of employment. In addition to overstating her salary allowance, this applicant also forged the signature of PICA's former Director of Human Resources, who was no longer at the agency at the date of her employment was supposedly signed. Another NIV applicant and member of Jamaica Fire Brigade faced internal disciplinary sanction or dismissal after the Brigade's Acting Commissioner apologized to the Embassy on behalf of his Department, for this applicant discreditable act of falsifying documents for U.S. training. ¶8. (U) J-1 SUMMER WORK AND TRAVEL PROGRAM: Post saw a large amount of summer work and travel applicants. Now that all SWT applicants should have returned to their studies, we have begun to put together a validation study of those students who participated in the SWT program. Post also plans to prepare a cable regarding the SWT validation results as well as the increasing problem of recruiter fees for the SWT applicants. Plans for future outreach are proposed in order to streamline this group of applicants, some of whom are improperly recruited by H2B agents. ¶9. (U) H-1B PETITION REVOCATIONS: Post has not submitted any revocation requests during this time period. ¶10. (U) L-1A PETITION REVOCATION: Post has not submitted any revocation requests during this time period. -------------- IMMIGRANT VISA FRAUD -------------- ¶11. (U) FPU staff conducted eight field investigations in immigrant visa cases of which five were determined to be based on a fraudulent relationship. Two of the Unit's LES Fraud Investigators and an entry level officer participated in these trips. The field trips covered six of Jamaica's parishes [local administrative unit equivalent to a U.S. state]. ¶12. (U) Kingston has encouraged (but not required) many applicants in romantic relationship cases (IR1, CR1, K1, K3) who do not immediately convince the adjudicating officer of the bona fides of their relationships to bring petitioners to their follow-up interviews. The higher percentage of petitioners present at follow-up interviews has improved the officers' ability to detect relationship fraud. Also, FPU's LES investigators have conducted more split interviews of the petitioner and applicant in recent months, applying their wealth of local knowledge and years of experience to garner more confessions of relationship fraud and saving adjudicating officers interview time. These successful split interviews also save FPU time and resources by reducing the number of local field investigations required to complete fraud reviews of questionable immigrant visa cases. -------------- DV FRAUD -------------- ¶13. (U) Jamaicans are not eligible to participate in the DV program. Kingston processes only a minuscule number of cases for applicants from other countries. -------------- AMERICAN CITIZEN SERVICES AND PASSPORT FRAUD -------------- ¶14. (SBU) U.S. PASSPORT FRAUD: On September 2, a Jamaican immigration official brought an altered birth certificate and two U.S. passports to the Embassy in connection with an ongoing case. The passports belonged to AMCIT Joy Marie Jeffrey and her alleged son Uckello Akhtar. Uckello Akhtar and his biological mother, Natalee Edwards, were issued nonimmigrant visas in 2007 and traveled to the United States in 2007. In support of a jointly filed petition for Alein relative (Form I-130) and an Application for Adjustment of Status (I-485),Ms. Jeffrey presented an altered birth certificate listing her as Uckello's mother. He was issued a U.S. passport in 2008. Ms. Jeffrey then returned to Jamaica and filed for unconditional stay for Uckello using his U.S. passport, however, this claim was denied because Ms. Jeffrey presented the same altered birth certificate. Ms. Jeffrey was charged by the Jamaican police with altering/forging an official document and presenting an altered document; she pled guilty and paid a fine on September 4, 2009. Post continues to work with CA/OCS/PRI on this case. -------------- ADOPTION FRAUD -------------- ¶15. (U) FPU has begun working with Kingston's USCIS in the processing of adoption cases. If the adoption case is not clearly approvable, the IV unit now refers the case to USCIS for further investigation. FPU continues to investigate suspect IR2 cases based on an adoption. Post continues to see a significant number of adoption cases where the applicant was adopted close to his/her sixteenth birthday. Jamaica has a tradition of informal adoptions, which makes it difficult for Jamaican applicants to establish their eligibility as orphans under U.S. immigration law. However, the applicant's prospective parents may still successfully adopt the child pursuant to Jamaican family law and procedures. -------------- USE OF DNA TESTING -------------- ¶16. (U) Kingston often requests applicants to undergo DNA testing because their father's name is either not on the birth certificate at all, or was added many years after their birth. In many cases, these fathers have never lived with their children or played a role in their lives until they go to immigrate. Approximately 10 percent of all cases where DNA is done resulted in no biological relationship. This percentage does not include those applicants that choose to abandon their case rather than undergo DNA testing. FP is currently working with the Immigrant Visa Unit to update its DNA procedures as a result of the processing changes. -------------- ASYLUM AND OTHER DHS BENEFITS FRAUD -------------- ¶17. (U) Post's DHS/USCIS Officer-in-Charge reported no asylum cases for the period of March 2009 - August 2009. -------------- ALIEN SMUGGLING, TRAFFICKING, -------------- -------------- ORGANIZED CRIME, TERRORIST TRAVEL -------------- ¶18. (SBU) FPU continues to work closely with law enforcement counterparts within the embassy and maintain a monthly collaboration meeting to foster greater information sharing. Organized crime and terrorist travel are addressed in conjunction with several law enforcement agencies at post and include FPU and ARSO-I on issues as they arise. Of particular interest was the arrest of Stephen Fray, the Jamaican who attempted to hijack a Canadian airliner at Montego Bay's Sangster International Airport on April 19. We actively collect data from the U.S. law enforcement agencies at post (U.S. Marshals, DEA, ICE and the Jamaican authorities through NAS) to create new CLASS entries on persons extradited to the United States; deported back to Jamaica from the United States; apprehended by ICE in the United States; and arrested in Jamaica for offenses here. We also actively comb the Jamaican news media to create CLASS entries or supplement existing ones. From March-August 2009, FPU has added 2,555 entries to CLASS. Another FPU initiative is the compilation of data on applicants who are confirmed dead for cancellation of their NIVs. This is being done to prevent travelers from impersonating dead applicants. -------------- DS CRIMINAL FRAUD INVESTIGATIONS -------------- ¶19. (SBU) In addition to supporting DS, ICE and the U.S. Attorney in the Robinson/Gordon prosecution, Kingston FPU and RSO coordinated efforts to arrest a former visa applicant (Courtney Rhoden) who picked up the visa and passport of an applicant (Omain Harriott)by presenting a letter to DHL (our courier passback contractor)stating that he had been given authorization to pick up the passport. When Mr. Harriott went to DHL to pick up his passport, he learned that it had been already picked up by Mr. Rhoden, whom he does not know. DHL representatives came to the embassy and discussed how to tighten the procedures so that this would never happen again. RSO notified Jamaican police who then arrested the Mr. Rhoden. ¶20. (SBU) FPU revoked the visa of a contact of the Political/Economic Section (Ms. Karen Cross)who used her relationship with Post to assist unqualified applicants procure visas through the referral system. Ms. Cross requested that the P/E Section process referrals on behalf of otherwise unqualified applicants under the pretext that they were meeting with a congressman in the United States. Analysis shows that the applicants did not follow a set schedule and did not travel as a delegation. At least one applicant has attempted to adjust status in the United States and DHS has not recorded a return trip for three of the other applicants. -------------- HOST COUNTRY PASSPORT, IDENTITY DOCUMENTS, -------------- -------------- AND CIVIL REGISTRY -------------- ¶21. (U) Document forgers, corrupt government officials and poor law enforcement assist alien smuggling rings operating in the country. The incidence of suspected fraud in many government agencies is high. The Jamaican government (GOJ) has issued a secure passport, but issuance procedures are poor and a new identity complete with a GOJ issued passport continues to be easy to obtain, once the individual provides a birth certificate and a photographic identification. -------------- COOPERATION WITH HOST GOVERNMENT AUTHORITIES -------------- ¶22. (U) FPU continues to have a positive working relationship with the Jamaican Registrar General's Department (RGD) verifying civil documents. All cases involving altered RGD documents continue to be referred to the RGD's fraud department, regardless of whether the fraud would result in potential visa ineligibilities. This new system allows the RGD to attempt to pinpoint the sources of these fraudulent documents, thereby resulting in the arrests of the responsible individuals. ¶23. (U) FPU continued our public outreach efforts with airlines and immigration officers training in May and trained 108 participants. In June, FPU coordinated with a Customs and Border Protection (CBP) team to train approximately 104 airline representatives on the detection of fraudulent documents, facial recognition and U.S. travel document requirements. -------------- COOPERATION WITH OTHER MISSIONS -------------- ¶24. (SBU) Cooperation with our colleagues at the British and Canadian High Commissions is one of FPU's highest priorities. All three Missions face common fraud threats, so it is clear that we can each target fraud more effectively through communication and information sharing. FPU attended a conference at the British High Commission with fraud officers from the French and Germany Embassies, and from the British and Canadian High Commissions. The conference focused on information sharing and fraud trends. The British High Commission presented an overview of the Third Country Nationals that they are seeing in Jamaica as well as their risk profiling system (similar to our validation studies). They also shared with the group a new fraud ring involving informal importers ("higglers") with travel to China who are actually smuggling drugs. FPU collaborative efforts with the Canadian High Commission resulted in misrepresentation by this NIV applicant, whose Canadian was altered and security feature of this visa intercepted by Canadian authorities in the passport of another traveler. -------------- AREAS OF PARTICULAR CONCERN -------------- ¶25. (SBU) As a result of the economic downturn, post has witnessed increasing H2B petitioner malfeasance cases. In particular we have seen several illegal visa swapping schemes in which a company that has a valid petition sells some slots to a company that does not. We have also seen petitioners submitting petitions for jobs in the United States to which the presumed employer did not enter into an agreement with the petitioner and does not have available jobs or submitting a petition that ends within three months of the visa issuance, while promising applicants they will file an extension on their behalf for a fee. FPU is also involved in checking for fraudulent MRV receipts from Paymaster, Kingston's previous off-site fee collection agent. -------------- STAFFING AND TRAINING ISSUES -------------- ¶26. (U) The Fraud Prevention Operations Officer position has been filled by Kristina Hayden, replacing Katherine Rafaniello who rotated back to NIV in September. Melissa Bishop remains as the Fraud Prevention Manager, in addition to her duties as the Deputy Chief of the Visa Unit, with primary responsibility for NIV operations. David Rainsberger joined FPU as the new Assistant RSO-I, replacing Vaughn Mosely. The newly created FSN 08 position was filled and the newly created FSN-09 position should be filled shortly. Kingston hosted Ms. Sharon Smith, FSN from Hamilton, Bermuda for a week (May 11-15). Ms. Smith observed our LES and officers, specifically reviewing our IV split interview procedures and incorporated what she learned here in Hamilton's FP operations. Kingston's FPU is awaiting construction of its new more private and more secure office suite in an area of the Consular Section that was erroneously designated for GSO storage from the time Post occupied its New Embassy Compound in December 2006. Parnell