Thread: Missouri landscaping business and owner charged with visa fraud (updated)

I.C.E. News Releases

February 10, 2012
St Louis, MO
Missouri landscaping business and owner charged with visa fraud


ST. LOUIS, Mo. — A local landscaping company and the business' owner were indicted Friday on charges of fraudulently obtaining H-2B worker visas to support the business. The indictment resulted from an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the U.S. Department of Labor's Office of Inspector General (DOL-OIG).

Robert Brake, 33, of Byrnes Mill, Mo., and Brake Landscaping & Lawncare Inc. in St. Louis, were each indicted on one felony count of conspiracy to commit visa fraud.

The H-2B non-immigrant visa program permits U.S. employers to bring foreign workers to the United States to fill temporary, non-agricultural services on a one-time, seasonal or intermittent basis.

There is a set limit on the number of aliens who may receive H-2B visa status during each government fiscal year.

According to the indictment, between March 2007 and February 2010, Robert Brake and his company illegally sub-contracted H-2B workers to an associate on a weekly basis at a profit of more than $2 an hour per alien. The indictment also alleges that in order to facilitate illegal year-round employment of temporary H-2B visa workers, Brake incorporated Brake Snow and Ice Removal, artificially crediting a need for temporary or seasonal workers that didn't actually exist. Brake Snow and Ice Removal was essentially the same company as Brake Landscaping.

"Visa fraud not only undermines the integrity of our nation's legal immigration system, it also poses a significant security vulnerability," said Gary Hartwig, special agent in charge for HSI Chicago.

James Vanderberg, special agent in charge of DOL-OIG in Chicago observed that, "Submission of fraudulent labor certification applications not only cheat workers here legally but pose a security risk to this country."

Each count carries a maximum penalty of five years in prison and/or fines up to $250,000.

Assistant United States Attorney John J. Ware, Eastern District of Missouri, is prosecuting the case. The U.S. State Department's Diplomatic Security Service and U.S. Citizenship and Immigration Services also assisted in the investigation.


U.S. Immigration and Customs Enforcement (ICE) is the largest investigative arm of the Department of Homeland Security.

ICE is a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities. For more information, visit www.ICE.gov. To report suspicious activity, call 1-866-347-2423 or complete our tip form.

• U.S. Dept of Homeland Security

Missouri landscaping business and owner charged with visa fraud

#MO Forums for Justice - View Single Post - #MO http://bit.ly/gNQJZQ

1:51 PM, Sep 13, 2012
Kevin Held
KSDK.com

St. Louis, MO (KSDK) - A 33-year-old Byrnes Mill man was sentenced Thursday to fraud charges involving his employing illegal immigrants to support his landscaping business, U.S. Robert Callahan said.

According to court documents, between March 2007 and February 2010, Robert Brake and his company, identified as Brake Landscaping & Lawncare, illegally sub-contracted H-2B workers on a weekly basis at a profit of more than $2 an hour per worker.

The indictment also alleged that Brake incorporated Brake Snow and Ice Removal to facilitate year-round employment of temporary H-2B visa workers that didn't actually exist. The snow and ice removal company was the same company as the landscaping business.

Brake pleaded guilty to one misdemeanor charge of employing illegal aliens in June 2012. The landscaping company pleaded guilty to one felony count to commit visa fraud that same day.

Robert Brake and the company were sentenced to two years of probation and paid a $145,000 forfeiture.

The H-2B non-immigrant visa program permits employers to hire foreign workers and perform temporary, non-agricultural services on a one-time, seasonal, peak-load or intermittent basis. There is a set limit on the number of foreign workers who may receive H-2B visa status during each government fiscal year.

Robert Brake sentenced for employing illegal immigrants | ksdk.com

Just fining them is what they consider a cost of business. Start throwing them in prison for a couple years and they will reconsider the risk vice rewards issue a little more closely.

Originally Posted by MW

Just fining them is what they consider a cost of business. Start throwing them in prison for a couple years and they will reconsider the risk vice rewards issue a little more closely.

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