Labor punishes 3 workers involved in fraud

By FERDIE DE LA TORRE
REPORTER

The Department of Labor has punished three alien workers who were among those involved in a scheme to obtain work authorization by fraudulent means.

Labor’s Division of Administrative Hearings has issued separate orders against Zhang Zhie, Liu Hai Rong, and Wang Bang Feng, all Chinese workers.

Hearing Officer Maya B. Kara barred the three from working in the CNMI as non-resident workers for a period of five years over their role in the scheme.

Kara required the workers to depart the Commonwealth within 20 days considering that they no longer have valid work status to remain in the CNMI.

If the trio fail to depart within that period, Kara said, the matter shall be referred to the Division of Immigration for deportation proceedings.

Kara revoked any and all papers to seek work and Temporary Work Authorizations issued to the respondents by Labor.

The hearing officer determined that all documents to seek work and TWAs issued issued to the respondents by Labor were predicated on a pending U.S. Department of Labor complaint that did not, in fact, exist.

Kara said although the fraud was primarily executed by Peter Zhou, the respondents were willing and knowing participants and benefited from the scheme.

They knew or should have known that their work authorizations were obtained outside of offical channels, she pointed out.

Zhou was arrested, convicted and deported from the CNMI for his participation in the fraud.

Kara said the fraudulent basis for obtaining TWAs is the functional equivalent of a frivolous complaint and that the respondents therefore are barred from transfer relief.

The hearing officer said Zhang, Liu, and Wang have been working illegally, without benefit of authorized work permits since Oct. 20, 2003, July 8, 2005, and Oct. 27, 2003, respectively.

Records show that Labor, through investigator Barry Hirshbein, discovered a scheme to obtain authorization to seek temporary employment for nonresident workers.

Hirshbein found that the scheme was based on the submission of fraudulent documents to Labor that falsely indicated that the workers had filed complaints with the Wage and Hour Division of the U.S. Department of Labor.

The primary perpetrator of the scheme was Peter Zhou also known as Ying Zhou, the investigator said.

Labor then issued a notice of violation and revocation of entry permit against the respondents.