THE federal government’s main witness in the trial of Servillana Soriano, Arnold Reyes, initially invoked his right to remain silent when he was called to testify Thursday morning.
This prompted Assistant U.S. Attorney Garth Backe — outside the presence of the jury — to ask the court to compel Reyes to testify and grant him immunity.
After a short discussion, Chief Judge Ramona V. Manglona of the District Court for the NMI granted the prosecution’s request and gave Reyes immunity. “Whatever he says in his testimony cannot be used against him outside of the trial and the prosecution cannot use what he says in this trial to make a case against him as long as he tells the truth,” the judge said.
Reyes was then called back to the stand to testify.
The defendant, Servillana Soriano, has been charged with one count of defrauding the U.S. government for her alleged involvement in a CW-1 visa scheme.
The prosecution said Soriano and her co-conspirators — Aminul Islam, Halim Khan and Faroque Hosen — would, in exchange for money, submit a petition for CW-1 classification that would falsely and fraudulently represent that an employer-employee relationship would exist between RES International LLC and the beneficiaries under the employment terms set forth in the petition.
According to Reyes, Soriano requested him to fill out a U.S. Citizenship Immigration Services CW-1 petition for three foreign workers.
Reyes said document handling was one of his side jobs. He worked as an accountant for Marianas Medical Center, and has experience in submitting CW-1 petitions for MMC.
When asked by defense counsel Mark Hanson if he has concerns about his current immigration status and has expressed these concerns to the prosecution, Reyes replied, “I am worried.”
“They told you that you are in good standing and that there would be no concern?” Hanson asked.
“Yes, until such time there is a decision on my immigration case/application,” Reyes said.
“Friday night, they told you that you should have no concern, but by Tuesday you learned that was not correct,” Hanson told Reyes.
“My attorney, Janet King, advised me to plead the fifth. I did not know about my constitutional rights. The prosecution did not talk to me about my right to remain silent,” Reyes said.
“These are my exact words to them: I don’t need an attorney after going through the interrogation with Homeland Security Investigations. From the start I even opened my personal journal to them. I am really able to speak for myself and tell something about the truth. The only time that I was really concerned to have an attorney was when I received a subpoena from the defense. Because the [subpoena] required personal information…which scared me a little. I am always wondering in my mind what is going to happen to me. That time I asked the investigator if it’s not too late to ask for an attorney. That’s the only time I required it.”
The prosecution has also called the following individuals to testify: Frederic Jonas, U.S. Homeland Security Investigations special agent; Monica Verma, immigration officer, USCIS; and Martin Jambor, general manager of Kanoa Resort.
The trial resumes today, July 2, at 10 a.m.
Soriano’s co-conspirators — Aminul Islam, Halim Khan and Faroque Hosen — were also charged with one count of conspiracy to defraud the U.S.
Islam and Hosen have both pleaded guilty to the charge.
On Feb. 16, 2021, Judge Manglona sentenced Islam to one week of imprisonment, one year of supervised release and 25 hours of community service. He was also ordered to pay a $100 assessment fee.
Hosen will be sentenced on July 23, 2021 at 1:30 p.m.
As for Halim Khan, who is represented by attorney Bruce Berline, his jury trial will start on Aug. 29, 2021.
