‘Probation lang, no jail time’

By Alex P. Vidal

“For any prosecutor, a decision to show leniency in sentencing must be weighed against multiple factors. Do they show remorse for their actions? Are they a threat to the public and law enforcement? Do they intend to contribute to society?”—Brianna Wu

A RESIDENT of Iloilo City indicted in 2022 with several others by U.S. federal authorities for allegedly arranging at least 400 fake marriages in Los Angeles, California said his case has been decided by court.

“Tapos na ako sa kaso (I’m done with my case),” Felipe Capindo “Peebles” David, 51, a resident of Molo, Iloilo City in the Philippines, informed this writer.

“Okay ang sentencing. Probation lang, no jail time (The sentencing was okay. I was only given a probation and no jail time.”

David’s co-accused, Marcialito Biol Benitez, a.k.a “Mars,” 49, also Philippine national residing in Los Angeles, who pleaded guilty on September 27, 2023 to conspiracy to commit marriage fraud and immigration document fraud, will be sentenced on January 10, 2024 by US District Court Judge Denise J. Casper.

Benitez, who was arrested and charged in April 2022, allegedly operated the fraud agency in the Koreatown district of Los Angeles.

David had denied he was part of the group that engaged in the illegal activity.

“I never worked with him (Marcialito “Mars” Biol Benitez, owner of the agency) or his company kay may regular job ako (because I have a regular job),” David had insisted. “I never used it as my bread and butter.”

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The other Filipino defendants were Engilbert “Angel” Ulan, 39; Nino Reyes Valmeo, 45; Harold Poquita, 30; Juanita Pacson, 45, all stayed in Los Angeles, California.

Their alleged accomplices were: Peterson Souza, 34, a Brazilian national residing in Anaheim, Calif.; Devon Hammer, 26, of Palmdale, California;

Tamia Duckett, 25, of Lancaster, Inglewood and Palmdale, California; Karina Santos, 24, of Lancaster, California; and Casey Loya, 33, of Lancaster and Palmdale, California.

The agency allegedly charged fees of $20,000 to $30,000 paid in cash. It allegedly submitted fraudulent marriage and immigration documents, including false tax returns, and recruited US citizens to marry the agency’s clients.

Their co-accused, Engilbert Ulan, 42, was convicted of conspiracy to commit marriage fraud and immigration document fraud, the US attorney’s office said in a statement.

Ulan, the 10th defendant to be convicted in this case, is scheduled to be sentenced on March 6, 2024. He reportedly faces up to five years in prison, three years of supervised release and a fine of $250,000.

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The agency reportedly staged wedding ceremonies at chapels and parks, then submitted the photos to help authenticate marriage-based immigration petitions to US Citizenship and Immigration Services (USCIS), the federal agency responsible for granting lawful permanent resident status.

“For many clients, the agency would take photos of undocumented clients and citizen spouses in front of prop wedding decorations for later submission with immigration petitions,” prosecutors said.

“Ulan coached the sham couples to provide the same, fabricated answers to questions posed during green card interviews and conceal the fraudulent nature of the marriages.”

New York-based Rommel Leal, 51, David’s friend and former high school classmate at the Colegio del Sagrado Corazon de Jesus in Gen. Hughes Street, Iloilo City, had said, “I know Felipe to be a good son. He takes care of his mother who is in the Philippines.”

Leal said he thought David was engaged in the business of recruiting caregivers, not scam marriages.

Felipe also dabbles in lending business, Leal said. He lends money to those who go home for vacation in the Philippines.

Leal said David owns several properties in Molo district and lives a “good life” in L.A.

David has been known for distributing free vitamins and school supplies to Jolason Elementary School in  Tubungan, Iloilo in the Philippines during the pandemic.

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“Marriage fraud is a serious crime that threatens the integrity of our nation’s lawful immigration system,” said United States Attorney Rachael S. Rollins.

“These defendants’ alleged exploitation of this system for profit is an affront to our nation’s tradition of welcoming immigrants and prospective citizens. Their alleged fraudulent behavior makes things harder for the vast majority of immigrants who follow the law and respect our immigration system. Beyond that, by allegedly submitting false applications that claimed domestic abuse, these charged defendants did further harm, this time to real victims and survivors of domestic violence. Today’s arrests are the result of impressively comprehensive, cross-country agency collaboration. My office will continue to work with our law enforcement partners across the country to identify and hold accountable those who seek to violate U.S. law by fraud of any sort.”

“It is the utmost honor and privilege to become an American citizen, and the individuals we arrested today have allegedly made a sham of that process by running a large-scale marriage fraud ‘agency’ that arranged hundreds of fake marriages for foreign nationals, racking up millions of dollars in profits. We believe their alleged scheme broke immigration laws that are in place to protect public safety and created a disadvantage for those seeking to earn their citizenship lawfully,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Office

“This case should serve as a warning to others that the FBI and our law enforcement partners are united in our efforts to disrupt and dismantle criminal enterprises that seek to circumvent our laws by fraudulent means.

“Homeland Security Investigations and our law enforcement partners will continue to prosecute individuals and criminal organizations, who profit from manipulating the immigration system,” said Chad Plantz, Special Agent in Charge of Homeland Security Investigations in San Diego.

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WEEKEND PRAYER. Lord, protect all my loved ones and friends. Make them all happy and continue to give them their daily bread. Keep them away from harm. Let your Holy Spirit accompany them wherever they go, whatever they do. Amen.

(The author, who is now based in New York City, used to be the editor of two daily newspapers in Iloilo.—Ed)