Bautista sentenced for conspiracy to commit visa fraud


The acting Attorney for the Districts of Guam and the Northern Mariana Islands Shawn N. Anderson announced that defendant Antonia Bautista was sentenced last April 20 in the U.S. District Court by Chief Judge Frances Tydingco-Gatewood to two years probation and a $100 special assessment fee, for conspiracy to commit visa fraud.

Bautista was part of a conspiracy involving Guam Construction Company, its president and vice president, Byong H. Kang and Choon H. Kang, respectively. On April 4, 2014, an information was filed against Bautista charging conspiracy to commit visa fraud by intentionally misrepresenting occupations of H-2B workers in an effort to facilitate fraudulently obtaining H-2B visas.

After the H-2B workers arrived in Guam, Bautista, GCC’s office manager and corporate secretary, assisted the Kangs and caused GCC to employ the H-2B workers in skilled occupations not authorized on their H-2B visas, as electricians, engineers, heavy equipment operators and others. BAUTISTA pled guilty on April 4, 2014.

This investigation was a joint effort between both local and federal law enforcement, the Department of Homeland Security Homeland Security Investigations, the Internal Revenue Service-Criminal Investigations Section, U.S. Department of Labor, Wage & Hour Division working together with Guam Department of Labor and Guam Customs & Quarantine Agency task force officers. Jointly, they investigated not only visa fraud and a sophisticated money laundering scheme, but those who fraudulently obtain federal contracts, and do not pay fair wages.

This case was prosecuted by Assistant U.S. Attorney Stephen F. Leon Guerrero. (PR)

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