By JOSEPH G. LARIOSA

(© 2009 Journal Group Link International)

C HICAGO, Illinois (JGLi) – Five of ten people, including a Filipino-American lawyer, specializing in immigration cases, and his twin brother, were arrested Monday (Nov. 23) for allegedly participating in a marriage-fraud conspiracy to evade immigration laws and enable foreign nationals, mostly Filipinos, to illegally become U.S. citizens, according to a federal indictment made public today.

A press release sent to this reporter by press officer Randall Samborn of the U.S. Attorney’s office in Chicago and press officer Gail R. Montenegro of Chicago’s U.S. Immigration and Customs Enforcement (ICE) said those indicted were Maria F. Cruz, 49, formerly of Chicago and currently living in American Canyon, California, and formerly Cook County Traffic employee; Manny Aguja, 53, an immigration attorney with an office at 3144 West Montrose Ave., Chicago; and two employees — his twin brother, Marc Aguja, also 53, Celeste Ligutan-Lopez, 36, all of Chicago; Keisha McGary, 33, and Eugene Wilson, 30, both of Chicago and both Cook County employees; Maria Cyd Adriatico-Fernandez, 53, of Oakbrook, Illinois; and three other Traffic Court employees; Sonia Maki, 43,  DeShawn Barksdale, 39, Eugene Wilson’s sister, Latrice Wilson, 37, all of Chicago.

Ms. Cruz was arrested earlier while the Aguja twins, Ligutan-Lopez, McGary and Eugene Wilson were arrested Monday and appeared at 1:30 p.m., Monday, before U.S. District Judge Samuel Der-Yeghiayan.

In addition to the 15 allegedly-fraudulent marriages detailed in the indictment, Maria Cruz allegedly attempted to arrange two additional marriages between individuals and ICE agents during an undercover portion of the investigation.

Reached for comment, Attorney Aguja, a native of Carigara, Leyte, Philippines, called up this reporter to deny the indictment. He said anybody “can be indicted. I did not do anything wrong. I don't even know my other co-accused.  Getting arrested comes with the territory. I will fight the case to death. I am still here in my office doing business as usual.”

The remaining four defendants will be ordered to appear for arraignment at a later date.

A 14-count indictment returned by a federal grand jury last week was unsealed Monday after five of the defendants were arrested Monday morning by U.S. Immigration and Customs Enforcement (ICE) agent as announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Gary J. Hartwig, Special Agent-in-Charge of the U.S. Immigration and Customs Enforcement (ICE) Office of Investigations in Chicago.

The indictment alleges that Maria F. Cruz and others recruited U.S. citizens and foreign nationals, primarily Filipinos, who entered into at least 15 sham marriages to evade immigration laws, and that the foreign nationals paid her (Ms. Cruz) approximately $3,000 to arrange for them to marry U.S. citizens.

Anybody can be indicted. I did not do anything wrong. I don't even know my other co-accused.  Getting arrested comes with the territory. I will fight the case to death. I am still here in my office doing business as usual. – Filipino-American Immigration Atty. Manny Aguja

M aria Cruz allegedly promised U.S. citizens that in return for marrying a foreign national, the foreign national would pay the U.S. citizen approximately $3,000 after the marriage and approximately $300 to $350 every month until the foreign national obtained U.S. citizenship.

Foreign nationals who marry U.S. citizens legitimately may become legal permanent residents of the United States but not if the marriage was a sham solely to evade immigration laws.

Ms. Cruz, a native of Dipolog City, Zamboanga del Norte, was arrested on an initial complaint in this case in late August and was released on a $200,000 secured bond. She was a Cook County Traffic Court employee until this past summer when she moved to California.

In addition to the 15 allegedly fraudulent marriages detailed in the indictment, Ms. Cruz allegedly attempted to arrange two additional marriages between individuals and ICE agents during an undercover portion of the investigation.

Ms. Cruz allegedly referred participants in fraudulent marriages to Manny Aguja’s law office for preparation of paperwork in support of the sham unions. In addition to preparing allegedly fraudulent immigration papers, the Aguja brothers and Ligutan-Lopez met with sham-marriage participants and told them what actions they needed to take to make their marriages appear legitimate, according to the 34-page indictment, which also seeks forfeiture of the premises housing Manny Aguja’s law office.

Each defendant was charged with conspiracy to commit marriage fraud. Some defendants were charged with additional counts of marriage or immigration fraud, including Ms. Cruz who faces 10 counts of marriage fraud. The Aguja brothers were also charged with conspiracy to induce foreign nationals to reside illegally in the United States.

“ICE will not tolerate those who engage in sham marriages to circumvent and exploit our nation’s immigration system,” said ICE Assistant Secretary John Morton. “Marriage fraud poses a significant vulnerability that must not go unchallenged. ICE aggressively investigates those who take illegal shortcuts to citizenship, whether they do so to gain an immigration benefit or simply for personal profit.”

ICE was assisted in the investigation by the U.S. Citizenship and Immigration Service's Fraud Detection and National Security (FDNS) program.

The public is reminded that an indictment contains only alleged charges and is not evidence of guilt.

A ccording to the indictment, between July 2003 and October 2009 Ms. Cruz allegedly paid a fee to others for referring to her U.S. citizens who were willing to enter into fraudulent marriages. Ms. Cruz then would drive individuals to weddings and take photos before and after, knowing that they would be used to make it appear that the sham marriages were legitimate, and she also would advise them of steps they needed to take to make their marriages appear legitimate.

The government is being represented by Assistant U.S. Attorney Jason Yonan.

Conspiracy to commit marriage fraud and marriage fraud carry a maximum penalty of five years in prison and a $250,000 fine. Other immigration fraud counts in the indictment carry a maximum penalty of 10 years in prison and a $250,000 fine. If convicted, however, the Court would impose a sentence it deems reasonable under the advisory United States Sentencing Guidelines.

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. (lariosa_jos@scglobal.net) # # #

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