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http://www.ice.gov/pi/news/newsreleases/articles/071213atlanta.htm

Several convicted for amnesty fraud conspiracy

ATLANTA - Emma Gerald, 56, of Kennesaw, Georgia, Ruy Brasil Silva, 46, of Roswell, Georgia, Douglas Ross, 30, of Kennesaw, Georgia, and Hudson Araujo, 28, of Brockton, Massachusetts, were convicted today by a federal jury on charges of conspiracy, money laundering and making false statements related to a fraud scheme targeting illegal aliens, after a U.S. Immigration and Customs Enforcement (ICE) investigation.

“These people profited extensively by exploiting our nation’s immigration system,” said Ken Smith, Special Agent-in-Charge of ICE’s office of Investigations in Atlanta. “It is especially troubling that these individuals abused their positions of trust to attract their clientele.”

United States Attorney David E. Nahmias said, “Today’s verdict should serve as a warning to those who would file fraudulent applications with United States Immigration authorities. As was said in court, this is a case that began with a thousand lies, and the jury’s verdict spoke the final word of truth.”

“The U.S. Postal Inspection Service is very pleased with the return of guilty verdicts against these four defendants,” said Martin D. Phanco, Inspector-in-Charge of the Atlanta Division. “This clearly demonstrates the hard work and commitment by the U.S. Postal Inspectors and other federal agencies when it comes to investigating crimes involving the fraudulent use of the U.S. Mail. We will continue to vigorously protect the American public from becoming victimized by those who are responsible for this type of criminal activity.”

According to United States Attorney Nahmias, the charges and other information presented at the eleven-day trial, Emma Gerald, the pastor of a local church, held herself out as a consultant to aliens seeking amnesty in the United States. Gerald did business under the name “EJ Consulting Services.” Under a program known as the “Catholic Social Services/LULAC/Newman Amnesty Program” (the “CSS Amnesty Program”), certain aliens who were illegally in the United States were eligible to apply for temporary residence in this country. In order to be eligible, an alien had to meet certain requirements, including having been present in the United States unlawfully from prior to January 1982, and having previously made an unsuccessful attempt to apply for temporary residence in the United States.

Gerald conducted meetings at Marietta churches to solicit aliens, largely Brazilian nationals who were illegally present in the United States, to apply for the CSS Amnesty Program. Ruy Brasil Silva was a pastor of one of the churches and made it available to Gerald for the meetings. Marcos Amador, who pled guilty and cooperated with the Government, acted as a translator and assistant to Gerald. Gerald advised the Brazilian aliens that the Department of Homeland Security did not have records to establish whether an alien met the CSS Amnesty Program requirements as to length of residence in the United States or previous unsuccessful application for amnesty, so that they could apply even if they did not qualify. Over the course of the scheme, Gerald charged the aliens between $300 per person/ $500 per married couple to approximately $600 per person/ $1100 per married couple. For an extra fee, Gerald and Amador would provide the aliens with letters falsely stating that they met the program requirements as to length of residence and previous application for amnesty. Douglas Ross, Gerald’s son, attended the meetings, assisting Gerald with preparing and collecting applications and collecting money from the aliens.

Gerald, Silva, Ross, and Amador conducted similar meetings in Florida, collecting money from Brazilian aliens to assist them in filing fraudulent applications. Gerald, Ross, and Araujo conducted meetings in Brockton, Massachusetts. Araujo was Gerald’s representative in Massachusetts. He booked hotel conference rooms for the Massachusetts meetings, assisted at the meetings, and mailed applications and application-related documents to Gerald at her Kennesaw, Georgia post office box. Gerald and other co-conspirators were indicted on multiple charges on May 18, 2006.

Evidence at trial showed that Gerald alone received at least $465,000 in the scheme, which she used to purchase a half-million dollar house in Kennesaw, and new Mercedes sedan valued at more than $75,000.

Gerald faces a maximum sentence of 45 years in prison and a fine of up to $1.25 million. Silva faces a maximum of 15 years in federal prison and a fine of up to $500,000. Ross and Araujo each face a maximum sentence of five years in federal prison and a fine of up to $250,000. The United States is also seeking forfeiture of the house, the Mercedes and 5 bank accounts belonging to Emma Gerald/Pillar Of Faith Church, all of which represents the ill-gotten proceeds from the scheme. Sentencing for Gerald has been set for February 26, 2008, at 10:00 a.m., before United States District Judge Jack T. Camp.

This case was investigated by special agents of U.S. Immigration and Customs Enforcement, and Postal Inspectors of the United States Postal Inspection Service.

Assistant United States Attorneys Teresa D. Hoyt and Jon-Peter Kelly are prosecuting the case.

— ICE —