The U.S. government is appealing to the U.S. Court of Appeals for the Ninth Circuit the eight-month prison sentence imposed on David Truong Quoc Phan, one of three men convicted of participating in a jobs scam.
Assistant U.S. attorney James J. Benedetto notified the U.S. District Court for the NMI last Friday about their appeal. He did not indicate the reason/s for the notice of appeal.
Phan was sentenced last March 16. Last Oct. 18, the federal jury returned a guilty verdict against Phan on two counts of mail fraud, three counts of fraud in foreign labor contracting, and one count of fraud and misuse of visas and permits.
Phan’s co-defendants, Muksedur Rahman and Mohammed Rafiqul Islam, who are brothers, were also found guilty.
Phan was sentenced to eight months in prison, while Rahman was slapped with a 48-month prison term. Islam was sentenced to 18 months of imprisonment.
Islam, together with Rahman, was ordered to pay $188,426 in restitution to the victims. Phan and Islam are also appealing to the Ninth Circuit to have their conviction and sentence reversed.
Phan’s fiancée, Analyn Nunez, and Rahman’s wife, Shahinur Akter, were acquitted.
Another defendant, Zeaur Rahman Dalu, pleaded guilty and was sentenced to time already served.
According to the U.S. government, each of the victims paid over $10,000, but when they arrived on Saipan in April of 2016, they were not given work as promised.
The government named five victims, all Bangladeshis.
Phan recently asked the District Court to allow his continued release pending the outcome of his appeal. The U.S. government opposed it.