ATTORNEY Robert T. Torres is accusing Homeland Security Investigations of impropriety.
Torres is the court-appointed attorney of Mylene Casupanan who, with Alejandro Nario, is accused of victimizing more than 100 individuals in a CW-1 visa scheme.
Casupanan, 42, appeared before Magistrate Judge Heather Kennedy of the District Court for the NMI on Monday for an initial appearance hearing under the custody of the U.S. Marshals Service.
Casupanan, through Torres, pleaded not guilty to the charge of one count of conspiracy to defraud the U.S.
After hearing from both the defense and the prosecution, Judge Kennedy released Casupanan on an unsecured bond in the amount of $1,000 with conditions.
The judge scheduled Casupanan’s jury trial for Sept. 14, 2021 at 10 a.m.
In an email to Variety late Monday afternoon, Torres said: “While we respect the statement and views of HSI in its investigations, what was glaringly absent in its press release was to emphasize that, here in the CNMI, we still follow the rule of law and the presumption of innocence. Ms. Casupanan remains cloaked with that presumption as is every citizen, and we trust that HSI will take heed to state as much when it informs our media of arrest warrants so as to be present at their event. We will address the case in its proper forum — a court of law and not the self-serving releases of HSI emanating from its offices.”
Nario, in a separate hearing, also appeared in federal court in the custody of the U.S. Marshals Service.
During the hearing for Nario, Judge Kennedy disclosed that she recused herself from signing the arrest warrant because “someone who works in my home” was hired through A&A Enterprise.
But she was presiding over the hearing because Chief Judge Ramona V. Manglona was not available.
Nario’s court-appointed attorney, Steven Pixley, did not object to having Judge Kennedy preside over the hearing.
Judge Kennedy released Nario on an unsecured bond in the amount of $1,000 with conditions.
She ordered Nario to return to court on July 15 at 9 a.m. for an arraignment, and allowed for an interpreter to be appointed for the defendant.
Assistant U.S. Attorney Albert Flores Jr. did not object to the defendants’ pretrial release.
Nario was charged with one count of fraud and misuse of visas and permits.
False documents
Homeland Security Investigations said in a statement on Monday that it arrested two employees of A&A Enterprise CNMI LLC on Friday.
HIS said Alejandro Nario, 65, and Mylene Casupanan, 42, both citizens of the Republic of the Philippines, were taken into custody, without incident, “for their involvement in a visa fraud scheme.”
HSI said its investigation found that A&A Enterprise petitioned and submitted false documents for more than 100 foreign nationals using the CW-1 visa. The program allows employers in the CNMI to apply for permission to employ those who are ineligible to work under other nonimmigrant worker categories.
HSI agents also discovered that a significant number of the foreign workers were not given jobs once they arrived in CNMI and were instructed to pay A&A Enterprise for their employment taxes, which were based on fictitious wages.
This is an HSI-led investigation with significant cooperation from CNMI Department of Public Safety and CNMI Customs Service, HSI stated.
In a separate statement to Variety, HSI public affairs officer James Curry, who is based in Honolulu, said, “We have presence in the CNMI as it is part of our area of responsibility.”
Asked about HSI investigations in the CNMI, Curry said: “What we’ve been seeing lately is visa fraud. We have had a few drug cases and a couple money laundering investigations. Human trafficking is another violation that is prevalent.”
According to the HSI website, “HSI is the principal investigative arm of the U.S. Department of Homeland Security responsible for investigating transnational crime and threats, specifically those criminal organizations that exploit the global infrastructure through which international trade, travel, and finance move.”
Homeland Security Investigations agents are seen outside A&A Enterprise CNMI LLC in Gualo Rai on Friday. Two of the company’s employees were arrested for their alleged involvement in a CW-1 visa fraud case.
