Thread: 2 Charged in Illegal Alien Transport in Vt

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2 Charged in Illegal Alien Transport in Vt

DERBY LINE, Vt. (AP) -- Two New York men have been charged with smuggling 21 illegal aliens into Vermont from Canada.

Border Patrol agents said they stopped two vans carrying 21 passengers on Sunday. The passengers were from Afghanistan, Guyana, India, Mexico and Pakistan, and did not have the proper documents to enter the United States, according to the U.S. Attorney's office.

Robert Clark, 56, and Wilfred Nieves, 47, of New York City, have been charged with transporting illegal aliens.

Clark and Nieves each crossed the U.S.-Canada border in Derby Line without stopping at the inspection station and headed south on Interstate 91, according to the U.S. Attorney's Office.

Border Patrol agents pulled over the vans and discovered the illegal aliens, prosecutors said.

Clark and Nieves face up to 15 years in prison and a $250,000 fine if convicted of the charges.

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Two sentenced for smuggling illegal aliens

Mar 22, 2007

RUTLAND, Vt. Two New York City men are facing time behind bars following their convictions in federal court in Vermont for smuggling illegal aliens into the country.

Authorities say 56-year-old Robert Clark and 44-year-old Wilfred Nieves ('nee-YAY-vayss') were the drivers when their vans were stopped by Border Patrol agents just south of the Canadian border in Derby Line last June.

One of the vans had 11 illegal aliens in it, the other had 10.

Clark will serve three years in prison, followed by two years of supervised release.

Nieves -- said to be less involved in the case -- got two months behind bars, two months of house arrest and two years of supervised release.

http://www.wcax.com/global/story.asp?s=6263354

Two jailed for smuggling illegal aliens

March 22, 2007

By Alan J. Keays Herald Staff

Two New York City men are heading to jail on federal charges for their role in smuggling 21 illegal aliens into Vermont from Canada last summer.

Robert Clark, 56, and Wilfred Nieves, 44, were sentenced Wednesday in U.S. District Court in Rutland. Clark pleaded guilty to a federal charge of unlawful transportation of illegal aliens while Nieves pleaded guilty to a federal charge of transporting illegal aliens for money.

Judge J. Garvan Murtha ordered Clark to serve three years in prison, followed by two years of supervised release. Nieves, who Murtha said was less involved than Clark, was sentenced to two months behind bars, two months of house arrest and two years of supervised release.

Clark apologized to the judge before the sentence was handed down.

"I truly am sorry about what happened," Clark said. His attorney said Clark suffers from post-traumatic stress disorder related to his service in the U.S. military in Vietnam.

"It's sad in some respect," Murtha said to Clark. "You served your country well … and now this."

Nieves said in court he had no idea when he was asked by Clark to take a trip from New York City to Canada that the return trip involved smuggling illegal aliens into the United States.

"I love my country and would never do something like that to my country," Nieves said. "I didn't even know it was going on. I'm so sorry that it happened."

However, once in Canada, it was too late for Nieves to turn back and he went along with the plan, acting as a cross-border driver for a van full of illegal aliens, according to court records.

Nieves and Clark were arrested late on the night of June 25, 2006, in Derby Line, just south of the U.S.-Canadian border. Each man was driving a van.

U.S. Border Patrol agents said that after they stopped the vans, they found they contained 21 passengers. The van driven by Clark had 11 illegal aliens; the one Nieves drove carried another 10 illegal aliens.

Police said the passengers, who were from Afghanistan, Guyana, India, Mexico and Pakistan, did not have the proper documents to be in the United States.

Each of the illegal aliens paid thousands of dollars — some as much as $10,000 — to a Canadian smuggler for the trip into the United States, Assistant U.S. Attorney Elizabeth Woodcock, who prosecuted the case, wrote in court records.

"That smuggler recruited Robert Clark, who in turn recruited William Nieves," the prosecutor added. "Both Nieves and Clark committed the act for the sole purpose of making money. Because they were caught, the aliens lost all of their money to those who sought to exploit them north of the United States border."

Clark later told authorities that he and Nieves were offered $300 each by a man identified only as "Xavier" to drive the two vans from Montreal to the Bronx, N.Y.

"Clark said he was instructed to drive the van to the Bronx, N.Y., park the van at a location, where Xavier would pick them up," court records stated.

Richard Bothfeld, Nieves' attorney, argued in court Wednesday for a sentence that spared his client time behind bars. Bothfeld said Nieves cooperated with police from the time of his arrest and has been taking part in substance abuse treatment to help turn his life around.

"He's ready to put this matter behind him," the defense attorney said.

Woodcock contended Nieves should serve some prison time, saying it would send a message to those engaged in illegal alien smuggling into the United States.

Murtha told Nieves that while he recognized Nieves was a "very minor" player in the crime, jail time was warranted.

"It's a serious offense," the judge said before ordering Nieves to serve 60 days behind bars. "I think you should serve some time."

Murtha also offered a bit of advice to Nieves as the hearing came to a close.

"Don't go back to Canada," the judge told him.

"No, sir," Nieves responded. "I won't. I promise you that."

http://www.rutlandherald.com/apps/pbcs. ... /703220381