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October 19, 2016Houston, TX, United StatesHuman Smuggling/Trafficking

Houston-area couple pleads guilty to forced-labor charges

HOUSTON— A couple charged in relation to the enslavement of their nanny pleaded guilty to the charges Wednesday.

This guilty plea and conviction were announced by U.S. Attorney Kenneth Magidson, Southern District of Texas. The following agencies conducted this investigation: U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Fort Bend County (Texas) Sheriff’s Office, Department of State’s Diplomatic Security Service, and the Department of Labor’s Wage and Hour Division; all are members of the Human Trafficking Rescue Alliance.

Sandra Nsobundu, 49, Chudy Nsobundu, 57, wife and husband from Katy, Texas, pleaded guilty to forced-labor charges; the husband also pleaded guilty to visa fraud.

The couple maintained a Nigerian woman to serve as a housemaid and nanny at their residence from Sept. 29, 2013 to Oct. 10, 2015. The immigration laws and regulations of the U.S. require citizens of certain foreign countries who seek admission to the U.S. to obtain a visa prior to entry. The federal application must contain true and accurate information, and is submitted under oath.

The Nsobundu’s knowingly filed a false visa application to the Department of State for the victim with numerous pieces of false information. This false information included: the woman’s incorrect date of birth identifying her as 20 years older than she was, that she was married when she was not, that the purpose of travel to the U.S. was to attend a niece’s graduation, and a written letter falsely stating that Chudy Nsobundu was her brother.

Chudy Nsobundu knowingly made multiple material misrepresentations under oath on the victim’s visa application to increase the chances that it would be accepted. The application did not state that the victim would be working for the Nsobundu family as a housemaid and nanny under conditions not in compliance with U.S. labor laws. Chudy Nsobundu submitted the application under oath, knowing the application contained these material misrepresentations.

Sandra Nsobundu aided and abetted in submitting her husband’s fraudulently filed visa application. In September 2013, Sandra Nsobundu took the woman to the U.S. Embassy in Lagos, Nigeria, to obtain her visa. Sandra Nsobundu gave the woman a letter to provide to the consular officials indicating that she did not speak English well and that she would be traveling to the U.S. for her niece’s graduation. Sandra Nsobundu gave the woman a picture of Chudy Nsobundu and the family and told her to tell the officials that he was her brother. However, the victim is not related to Chudy Nsobundu and is not married. The spouse listed on her visa application is the Nsobundus’ driver in Nigeria.

After obtaining the woman’s visa, the Nsobundus paid to transport the victim from Nigeria to the U.S. Once here, Sandra Nsobundu took the victim’s passport and copies of her bank statement. The defendants then concealed, removed and possessed the woman’s passport and visa with the intent to violate the forced-labor statute. As part of the Oct. 19 guilty plea, the Nsobundus admitted that they intended to prevent and restrict, without lawful authority, the victim’s liberty and ability to move and travel in order to maintain her labor and services.

The couple knowingly and unlawfully obtained the labor and services of this woman from about Sept. 29, 2013 to Oct. 10, 2015. Throughout the period she worked for defendants, the victim was not permitted to possess her passport or visa. The Nsobundus knowingly enacted a scheme intended to cause the woman to believe that failure to satisfactorily perform the labor and services for them would result in serious harm to her. They also threatened abuse of law and the legal process. The scheme included not paying the victim and restricting her movement to the defendants’ residence or two short walks per day around the block with the children. They also frequently yelled at, scolded and berated the victim for moving too slowly or failing to care for the children in the manner they wanted. In addition, the Nsobundus threatened to send the woman back to Nigeria if she did not comply with their labor demands.

The U.S. Attorney’s Office is seeking restitution in the amount of $129,108 to the victim alleging the defendants owe that amount in back wages. The Nsobundus had previously agreed to pay the victim 20,000 Nigerian nairas — about $100 U.S. per month.  However, the Nsobundus never paid the victim for any of her work in the United States.

After working in the U.S. for more than two years for the Nsobundus, the victim was rescued Oct. 10, 2015, following a tip to the National Human Trafficking Resource Center.

Sandra Nsobundu faces a maximum of five years in prison; her husband faces up to 10 years imprisonment. Both could also face up to a $250,000 fine. They were permitted to remain on bond pending sentencing which has been set for Jan. 4, 2017.

Assistant U.S. Attorneys Ruben R. Perez and Julie N. Searle, Southern District of Texas, are prosecuting this case.

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