United States Attorney’s Office
Central District of California

Thom Mrozek – Public Affairs Officer

(213) 894-6947

thom.mrozek@usdoj.gov

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Release No. 11-039

March 21, 2011

GOVERNMENT ATTORNEY SENTENCED TO NEARLY 18 YEARS IN PRISON FOR TAKING HUNDREDS OF THOUSANDS OF DOLLARS IN BRIBES FROM IMMIGRANTS SEEKING STATUS IN U.S.

LOS ANGELES – A senior attorney with U.S. Immigration and Customs Enforcement (ICE) was sentenced this morning to 212 months in federal prison for taking nearly one-half million dollars in bribes from immigrants who were promised immigration benefits that would allow them to remain in the United States.

ICE Assistant Chief Counsel Constantine Peter Kallas, 40, of Alta Loma, received the 17⅔-year sentence from United States District Judge Terry J. Hatter Jr.

In addition to the prison term, Judge Hatter ordered Kallas to pay $296,865 in restitution after fraudulently receiving worker’s compensation benefits.

“Mr. Kallas has received one of the longest sentences ever seen in a public corruption case,” said United States Attorney André Birotte Jr. “Mr. Kallas took in hundreds of thousands of dollars in bribes – money he obtained by exploiting his knowledge of the immigration system. The lengthy sentence reflects the seriousness of the crimes, which were a wholesale violation of the public trust.”

Following a three-week trial, a federal jury in April 2010 convicted Kallas of three dozen felony counts – conspiracy, six counts of bribery, two counts of obstruction of justice, seven counts of fraud and misuse of entry documents, three counts of aggravated identity theft, nine counts of making false statements to the Department of Labor, four counts of making false statements to obtain federal employee compensation, and four counts of tax evasion.

“This case presents an epic display of a public official’s greed,” prosecutors wrote in a sentencing memorandum filed with the court.

“As a corrupt prosecutor, [Kallas] calculatingly terrorized the idea of justice and the concept of public service,” the memorandum continued. “[Kallas] carried out his crime scheme through elaborate forms of manipulation, lies, and obstructive conduct.”

Kallas has been in a federal jail since August 2008, about two months after he was arrested by special agents with the Federal Bureau of Investigation at the San Manuel Indian Bingo and Casino in Highland, California. Kallas was arrested after he took a $20,000 bribe from an immigrant during an incident that was captured on casino surveillance cameras and shown to the jury.

The June 2008 bribe was the last in a series of incidents in which Kallas and his wife, Maria, told illegal aliens that Kallas was an immigration official – either an immigration judge or some other type of high-level immigration official – and that Kallas could obtain immigration benefits for the aliens in exchange for bribes.

Steven Martinez, Assistant Director in Charge of the FBI in Los Angeles, stated: “Today’s lengthy sentence fits the significant crimes committed by Mr. Kallas and will undoubtedly deter others planning to abuse government power. Mr. Kallas was entrusted to help immigrants abide by the law, but instead he enabled them in breaking the law, by greedily taking advantage of their desperation.”

During a five-year period that ended with his arrest, the Kallases accepted payments from aliens that totaled at least $425,854.

Kallas took bribes from some illegal aliens who were offered “jobs” at companies Kallas and his wife had set up. As part of the scheme, Kallas filed fraudulent labor condition applications with the Department of Labor that falsely claimed the companies had offered employment to the aliens.

On December 16, 2006, Kallas appeared in Immigration Court and, without any authorization, used his position as an immigration prosecutor to ask a judge to dismiss removal proceedings against an immigrant.

Kallas misused the identities of several real persons by, among things, putting their names on fraudulent documents or on nominee bank accounts used to hide money from the Internal Revenue Service.

In some cases, Kallas attempted to solve immigrants’ problems by simply making their files disappear. When investigators searched the Kallas residence in June 2008, they discovered a hidden floor safe that contained more than $177,000 in cash and two dozen official immigration files.

Kallas also illegally obtained more money through workers compensation fraud and tax evasion, claiming total disability and zero income, even as he was conducting the elaborate bribery and fraud scheme.

Daniel R. Petrole, Acting Inspector General, United States Department of Labor, said: “Today’s sentencing highlights our efforts to investigate fraud against the Department of Labor. The defendant, who is a former Immigration and Customs Enforcement attorney, used shell companies to falsely petition aliens for employment visas. Moreover, he filed for full federal disability benefits for work-related injuries, yet was receiving thousands of dollars in income from his employment scheme. My office and our law enforcement partners remain committed toward combating these types of crimes.”

According to court documents, the bank records for the Kallases showed that, beyond his salary, approximately $950,000 had been deposited into the couple’s bank accounts since 2000.

“Corrupt public officials are disgraceful and reprehensible,” noted Leslie P. DeMarco, Special Agent in Charge of IRS – Criminal Investigation’s Los Angeles Field Office. “The crimes committed by Constantine Kallas – including bribery, tax evasion, obstruction of justice, false statements to government agencies, identity theft and workers compensation fraud – violated the trust placed in him as a public official. Today’s sentencing of Mr. Kallas to 212 months in federal prison, a significant sentence by any measure, demonstrates IRS – Criminal Investigation’s resolve to bring our financial expertise to bear and vigorously investigate public officials who set aside their duty for their own personal financial gain.”

Terri Tollefson, Special Agent in Charge for the ICE Office of Professional Responsibility, West, stated: “This sentence serves as a sobering warning about the consequences of violating the public’s trust. ICE played a pivotal role in the investigation that led to these criminal charges, and we will continue to hold our employees to the highest standards of professional conduct. Guarding against illegal or unethical behavior is not an option; it is an obligation we have to the people we serve.”

Maria Kallas, 41, also of Alta Loma, pleaded guilty to conspiracy, bribery and conspiracy to commit money laundering in November 2009. United States District Judge Robert J. Timlin is scheduled to sentence her on May 2.

Kallas joined ICE’s predecessor agency in June 1998, and he has been on unpaid leave since January 2007.

The case against the Kallases was investigated by ICE’s Office of Professional Responsibility, the Federal Bureau of Investigation, IRS – Criminal Investigation, and the United States Department of Labor’s Office of Inspector General.

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Release No. 11-039- Return to the 2011 Press Release Index

ESTA Requirements and Emergency Travel.

The widespread civil unrest in Egypt brings into focus problems travelers from Visa Waiver countries may encounter when Internet access for Electronic System for Travel Authorization (ESTA) registration is limited or unavailable. CBP posted ESTA FAQs on October 6, 2010, including a brief discussion of CBP discretionary authority to waive ESTA registration due to emergent circumstances. As waivers of ESTA registration are handled by ports of entry on a case-by-case basis, communicating with CBP at the intended port of entry about the expected arrival(s) is suggested.

The national office of CBP has indicated that it expects CBP offices to be flexible with Visa Waiver Program (VWP) travelers without an ESTA due to emergent circumstances.

DHS Inspector General Report Exposes Abuses in State & Local Immigration Enforcement

FOR IMMEDIATE RELEASE: Wednesday, April 1, 2010

DHS Inspector General Report Exposes Abuses in State & Local Immigration Enforcement. AILA Calls upon Secretary Napolitano and Congress to End the 287(g) Program

WASHINGTON, DC – Today the Department of Homeland Security Office of Inspector General issued a comprehensive report confirming civil rights abuses in a federal program that “deputizes” state and local law enforcement agencies to enforce immigration law. The Inspector General tells of local officers arresting individuals who have committed no offense – including even victims – for the sole purpose of identifying whether they have lawful immigration status.

“Nothing is more debilitating to American values than abuses committed by local police who are the very essence of law enforcement and protection of our communities,” said Bernie Wolfsdorf, President of the American Immigration Lawyers Association (AILA). In one case, a supervisor recounted how a state highway patrol officer transported an accident victim to a jail to determine the victim’s immigration status. The officer did not take him to a hospital. The victim was not even brought to the jail to be charged with a state crime. The sole -and improper–purpose of the officer’s actions was to determine whether the victim was deportable. “Abuses like this severely undermine communities’ faith in those charged with protecting us and keeping our streets, communities, and businesses safe.”

“Many think demagogues like Sheriff Joe Arpaio of Arizona are the exception to the rule, but we now know that such abuses are happening elsewhere and with the permission of the federal government,” said Wolfsdorf. The Inspector General found that, under this deputizing program, some local police have launched operations with the aim of detaining individuals for minor offenses and violations of local ordinances so they could identify unauthorized immigrants. Police apprehended immigrants even when they had no prior arrests on state or local charges. The federal report confirms what community groups have known for years: that officers arrest individuals for minor offenses, such as fishing without a license or driving with broken taillight, as a pretext to initiate deportation proceedings.

Under section 287(g) of the Immigration and Nationality Act, state and local law enforcement agencies, acting under federal supervision, may assume federal immigration enforcement powers. This delegation of immigration enforcement power must be executed through formal written Memoranda of Agreement between the federal government and the local authority. The memoranda require state and local officers to abide by federal civil rights laws. The Inspector General found widespread lack of adequate training, guidance, monitoring or oversight. “The federal government has failed in its duty to train and supervise local officers. This program has turned local police into agents of fear within law-abiding communities,” said Wolfsdorf. “Immigration lawyers hear reports everyday that immigrants are afraid to talk to the police and to report crimes. Through this program the federal government is undermining the ability of local authorities to ensure all Americans’ safety and security.” The report also noted that Immigrations and Customs Enforcement (ICE) failed to provide accurate information about the program to Congress and the public. AILA urges Secretary Napolitano to terminate immediately the entire 287(g) program and calls upon Congress to end its funding.

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

DHS Unveils Initiatives to Enhance E-Verify.

Release Date: March 17, 2010

For Immediate Release
Office of the Press Secretary

Contact: 202-282-8010

Agreement with Department of Justice and Outreach Initiatives Will Strengthen E-Verify for Employers and Employees

Department of Homeland Security (DHS) Secretary Janet Napolitano today joined U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas to announce a trio of initiatives to strengthen the efficiency and accuracy of the EVerify
system.

These initiatives include a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination; an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.

“E-Verify is a smart, simple and effective tool that helps employers across the country maintain a legal workforce,” said Secretary Napolitano. “The initiatives announced today will provide essential information to workers about their rights and ensure that E-Verify is used fairly while bolstering the Department’s efforts to protect critical employment opportunities.”
“USCIS continues to partner with our federal colleagues, as well as industry and employee representatives, to build a verification program that is accurate, efficient and fair for employers and workers alike,” said Director Mayorkas. “We look forward to working with our colleagues in the Department of Justice to ensure the continued integrity and improvement of EVerify.”

“This agreement will better enable us to protect individuals who are authorized to work in this country from national origin or citizenship-status discrimination,” said Assistant Attorney General for Civil Rights Division Thomas Perez. “We will not hesitate to take action against employers who violate our nation’s civil rights laws.” The Memorandum of Agreement signed between USCIS and the Department of Justice’s Office of Special Counsel for Unfair Immigration-Related Employment Practices establishes a streamlined process for addressing potential cases of discrimination and employer misuse of E-Verify and establishes protocol between USCIS and the Department of Justice for referring matters that fall within the agencies’ respective jurisdictions.

The two new, educational training videos, explaining E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish were created by the DHS Office for Civil Rights and Civil Liberties and are viewable at www.dhs.gov/e-verify and www.youtube.com/ushomelandsecurity.
Additionally, the USCIS E-Verify help line will now offer employees information about the E-Verify process, as well as assistance in completing the Form I-9 (Employment Eligibility Verification). Callers can also use the help line to file complaints about possible discrimination or employer misuse of the E-Verify program. The hotline number is (888) 897-7781 and will be active beginning April 5, 2010.

E-Verify is a free, easy-to-use Web-based system—operated in partnership by USCIS and the Social Security Administration
—that allows participating employers to electronically verify the employment eligibility of newly-hired employees. More than
192,000 participating employers at more than 705,000 worksites nationwide currently use E-Verify to electronically verify their
workers’ employment eligibility. Since Oct. 1, 2009, E-Verify has processed more than six million queries.

For more information, visit www.dhs.gov/e-verify.

U.S. Citizenship and Immigration Services Launches ‘The Beacon – The Official Blog of USCIS’

WASHINGTON, March 16 – U.S. Citizenship and Immigration Services (USCIS) recently unveiled The Beacon – the agency’s official blog and newest tool that provides immigration-related information and fosters an open dialogue with the public.

The Beacon provides an important resource for information about USCIS as well as a forum through which readers can engage USCIS staff and others who are interested in immigration and naturalization issues. Readers are encouraged to submit their comments, ideas, concerns and constructive criticisms to www.uscis.gov/blog.

USCIS will review all comments prior to posting. Detailed guidance is provided on the blog under the comment policy.

The Beacon can be accessed at www.uscis.gov/blog. For general information on USCIS and its programs, visit www.uscis.gov or call the National Customer Service Center at (800) 375-5283.

SOURCE U.S. Citizenship and Immigration Services

FOR ADDITIONAL INFORMATION ABOUT THE CIS OR IMMIGRATION LAW MATTERS, PLEASE FEEL FREE TO CONTACT US AT:

David H. Nachman, Esq.
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450

Phone (201) 670-0006 (x100)
Facsimile (201) 670-0009

WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).

FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.

YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.