United States Attorney's Office for the Northern District of California

10/11/2024 | Press release | Distributed by Public on 10/11/2024 16:29

Executives Of Immigration Services Company Charged In Scheme To Submit Fraudulent Asylum Applications

Press Release

Executives Of Immigration Services Company Charged In Scheme To Submit Fraudulent Asylum Applications

Friday, October 11, 2024
For Immediate Release
U.S. Attorney's Office, Northern District of California
Defendants Allegedly Inserted False Statements into Clients' Asylum Applications and Encouraged Clients to Lie During Asylum Interviews

SAN FRANCISCO - A federal grand jury indicted Dongquan "Derek" Jin and Yimin "Kelly" Lu with aiding and abetting false statements on asylum applications, announced United States Attorney Ismail J. Ramsey, U.S. Department of State Diplomatic Security Service (DSS) San Francisco Field Office Special Agent in Charge William Chang, and Homeland Security Investigations (HSI) San Francisco Special Agent in Charge Tatum King.

According to an indictment filed Aug. 20, 2024, and unsealed Sept. 19, 2024, Jin and Lu operated Gospel Immigration Service, Inc., a Newark, Calif., corporation that held itself out as providing individuals with assistance in applying for immigration documents and benefits, including asylum.

The indictment alleges that Jin and Lu were listed as the application preparers on more than 200 asylum applications submitted to U.S. Citizenship and Immigration Services (USCIS) between 2013 and 2024. Jin and Lu allegedly provided their clients with sample personal statements describing persecution for use in the clients' own asylum applications. According to the indictment, it was Jin's and Lu's practice to review and edit clients' personal statements and, in doing so, Jin and Lu would include false and embellished details they believed would increase the clients' chances of being granted asylum.

The indictment further alleges that, before their clients had their asylum interviews with USCIS, Jin and Lu would instruct their clients to memorize false details in their applications and would also facilitate interview training sessions to increase the odds of a favorable determination. Jin and Lu charged clients at least $5,000 for their assistance and would pressure clients for bonuses, or "red envelopes," once their clients' applications were approved.

Defendants are next scheduled to appear in federal court on Oct. 16, 2024, before the Hon. Charles R. Breyer, Senior U.S. District Judge.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Jin and Lu each face a maximum sentence of 10 years' imprisonment and a fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant United States Attorneys Jared S. Buszin and E. Wistar Wilson are prosecuting the case, with assistance from Tina Rosenbaum. The prosecution is the result of an investigation led by the U.S. Treasury Inspector General for Tax Administration and DSS representatives to the Document and Benefit Fraud Task Force (DBFTF), overseen by HSI. The DBFTF is a multi-agency task force that coordinates investigations into fraudulent benefit and immigration documents. USCIS's Office of Fraud Detection and National Security provided significant assistance with the investigation.

Dongquan Derek Jin Indictment

Updated October 11, 2024