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    Friday, September 20, 2019-3:27:10P.M.

     

     

     

     

     

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Prosecutor recommends 5-month jail term for Mizanur Khan

ASSISTANT U.S. Attorney Eric O’Malley is recommending a five-month jail sentence for a man accused of engaging in an illegal labor scheme.

In a sentencing recommendation filed on Friday, O’Malley said five months behind bars and restitution to the victims were sufficient to deter Khan and others who may be tempted to engage in the same crime.

Khan is one of two men involved in the business of making charcoal on Saipan who were charged with visa and mail fraud.

On Jan. 23, 2019. Khan pled guilty to one count of fraud and misuse of visas and permits.

Under the terms of the plea agreement, the U.S. government agreed to recommend a sentence of five months imprisonment.

In July 2018, Khan and co-defendant Kosuke Tomokiyo were charged in federal court with four counts of fraud and misuse of visas and permits, and two counts of mail fraud.

Khan and Tomokiyo were president and vice president of KCA Corporation, a charcoal-making company based on Saipan.

On Aug. 21, 2018, Tomokiyo pled guilty to fraud and misuse of visas and permits, and will be sentenced on March 1, 2019 at 9 a.m.

Khan’s court-appointed attorney, Colin Thompson, recently filed an unopposed motion to continue his client’s sentencing hearing.

Khan’s sentencing was set for Aug. 30 at 9 a.m., but Thompson said he will be off-island on that day and cannot attend the hearing.

He asked the court to reschedule the sentencing hearing for Sept. 6.

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

Specifically, “Khan falsely represented to U.S. Citizenship and Immigration Services that the three individuals would be employed by KCA Corporation as ‘operation service worker’ (charcoal maker), and that the three would be employed in that capacity for 40 hours per week, for a period of one year.”

The indictment also stated that Kahn and Tomokiyo 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 in or about January 2016.”

Khan “also knowingly devised the scheme to obtain money and property by bogus statements and representations.”