Chicago doctor indicted for falsifying federal certificates so applicants for US citizenship could bypass citizenship tests

CHICAGO — A Chicago physician and a member of her staff have been indicted for falsifying medical certifications to help applicants bypass tests for U.S. citizenship.

This indictment was announced by the following agency heads:  Zachary T. Fardon, U.S. Attorney for the Northern District of Illinois; James M. Gibbons, acting special agent-in-charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Chicago; and Michael J. Anderson, special agent-in-charge of FBI’s Chicago office.

According to an indictment returned Thursday in U.S. District Court in Chicago, Dr. Jasminka Kostic and Nikki Pozdol fraudulently diagnosed the applicants as physically or mentally impaired, which purportedly rendered them unable to demonstrate the required knowledge of U.S. history and the English language. A medical certification of impairment allows individuals to seek an exemption from the civics and English-language tests required for naturalized U.S. citizenship.

Dr. Kostic, 59, and Pozdol, 47, both from Chicago, are each charged with one count of knowingly making false statements in a document submitted to U.S. Citizenship and Immigration Services (USCIS). Dr. Kostic is also charged with one count of attempted unlawful procurement of citizenship or naturalization. Both charges carry a maximum sentence of 10 years in prison.

Dr. Kostic is a licensed physician who maintains a medical practice on the north side of Chicago. Pozdol worked in Dr. Kostic’s office.  According to the indictment, Dr. Kostic and Pozdol falsely certified that an applicant was unable to demonstrate the ability to read, write and speak English, and unable to answer questions regarding U.S. history and civics — even in a language understood by the applicant. The certification also provided a false length of time in which a medical examination was allegedly rendered to the applicant, and a false description of the clinical methods used to diagnose the purported impairments, according to the indictment.

The indictment states that Dr. Kostic and Pozdol fraudulently certified the impairment results as true and correct in USCIS Form N-648, titled “Medical Certification for Disability Exceptions.”  The false N-648 would have allowed the individual to request a physical or mental impairment exception to the civics and English-language tests required for U.S. citizenship, according to the indictment.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Assistant U.S. Attorney Devlin Su, Northern District of Illinois, is prosecuting this case.