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December 9, 2014Oakland, CA, United StatesDocument and Benefit Fraud

Bay Area businessman pleads guilty in visa fraud scheme

OAKLAND, Calif. — A Bay Area businessman pleaded guilty in federal court Wednesday to conspiracy to commit visa fraud, following a probe by the multiagency Document and Benefit Fraud Task Force (DBFTF) overseen by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Madhu Santhanam, 41, of Union City, owner of MAAN Systems, Inc., admitted that, between September 2009 and June 2013, he submitted at least 25 fraudulent I-129 petitions. Such petitions are required to obtain employment visas for highly skilled immigrants seeking to work in the U.S.

In an I-129 petition, an American employer must certify that it has high-technology jobs that it cannot fill with U.S. citizens. In many of Santhanam’s fraudulent I-129 applications, he falsely claimed the applicants would be working at MAAN Systems on a proprietary product called "e-ntelligent Applications manager." In others, he falsely stated the applicants would be working at Western Digital and Walmart, and included false documentation and forged employment offer letters. In his plea agreement, Santhanam agreed to pay a forfeiture judgment of $400,000 to the government.

Santhanam was arrested Nov. 19, 2013, and made his initial appearance in federal court after being charged by federal complaint on Nov. 14, 2013. He has remained free on bond since his initial appearance.

Santhanam’s sentencing is scheduled for May 27, 2015, before U.S. District Judge Yvonne Gonzalez Rogers. The maximum penalty for conspiracy to commit visa fraud is five years in prison and a $250,000 fine.

Assistant U.S. Attorney Brian C. Lewis prosecuted the case, aided by Janice Pagsanjan. The probe was overseen by the Department of State Diplomatic Security Service’s representative on the DBFTF. The DBFTF is a multiagency task force that coordinates investigations into all kinds of immigration benefit fraud. U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security also assisted with the investigation.

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