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Last updateSat, 23 Mar 2019 12am







    Friday, March 22, 2019-9:56:39P.M.






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Charcoal-making company officers charged with visa and mail fraud

THE president and vice president of KCA Corporation, a charcoal-making company, were indicted for visa and mail fraud.

A grand jury charged Mizanur Khan and Kosuke Tomokiyo with four counts of fraud and misuse of visas and permits, and two counts of mail fraud.

According to the indictment, on Aug. 5, 2015, Khan obtained CW-1 permits for three individuals that he knew to have been procured by means of false claims and statements.

Specifically, the indictment stated, Khan falsely represented to U.S. Citizenship and Immigration Services that the three individuals would be employed by KCA Corporation as “operation service workers” or charcoal makers, and that the three would be employed in that capacity for 40 hours per week, for a period of one year.

The indictment added that Khan and Tomokiyo also obtained a CW-1 permit for Tomokiyo by means of false claims and statements.

The defendants falsely represented to USCIS that Tomokiyo had previously been and was to be employed by KCA as a “sales manager,” and he had been employed in that capacity since January 2016, the indictment stated.

It added that Khan  also knowingly devised the scheme to obtain money and property by bogus statements and representations. He sent several I-129 CW petitions using a commercial interstate carrier, DHL, and by U.S. postal service on June 6, 2015 and August 22, 2016, the indictment stated.

A forfeiture notice against the defendants was  entered by the U.S. government.

At the initial hearing, attorney Colin Thompson was appointed as Khan’s counsel.

Khan stated that he could speak and understand English but not very well.

Thompson said he was comfortable proceeding with the hearing, and if he found the need for an interpreter, he would ask for one.

Khan, through Thompson, pled not guilty to the charges against him.

As for Tomokiyo, the court said after reviewing his finances, it found that he is not qualified for a court-appointed counsel.

Assistant U.S. Attorney Eric O’Malley asked the court for a protective order which District Court for the NMI Chief Judge Ramona V. Manglona granted.

Judge Manglona ordered Tomokiyo’s release under his own personal recognizance provided he abides by the terms and conditions of the court including supervision by the U.S. Probation Office.

O’Malley did not object to Tomokiyo’s release.

The court ordered Tomokiyo to report to the Homeland Security Investigations office on Monday before 5 p.m.

For the initial appearance proceedings, attorney Benjamin Petersburg was appointed as Tomokiyo’s counsel.

Khan was remanded to the custody of the U.S. Marshals Service and his detention hearing  was scheduled for July 19, 2018 at 3:30 p.m.

Judge Manglona said the jury trial for the two defendants will start on Sept. 5, 2018 at 10 am.