Thai Man Faces 20 Years For Fraud And Immigration Offences In USA

[webfact]

Thai man indicted for fraud and other immigration related offenses in Colorado

DENVER, COLORADO: -- (BNO NEWS) – A Boulder, Colorado man was indicted last Wednesday for several immigration related charges, Jeff Dorschner Spokesman of the U.S. Department of Justice said Friday.

Opas Sinprasong, age 51, of Boulder, Colorado was a citizen of Thailand, running Thai and Japanese restaurants in Boulder, Louisville, and Broomfield. He was indicted by a federal grand jury in Denver on charges of defrauding his foreign national employees, harboring illegal aliens, and other immigration and tax related charges.

Sinprasong sponsored Thai nationals’ admission to the United States as specialty workers for his restaurants from 2001 to 2008, claiming that the efficiency of his business operations depended on these workers with specialized skills.

In order to recieve his sponsorships, Sinprasong required employees to pay approximately $1,500 U.S. dollars, a penalty of around $18,000 U.S. dollars if they violated the contract or caused damage to Sinprasong, and a $3,000 dollar “visa preparation fee”, among other conditions that were enforced. These amounts were calculated in Thai baht and are substantial sums of money for Thai nationals.

Employees received their payments “under-the-table” for the first three or four months as they paid their fees. After they had completed their payments which were deducted from their wages, Sinprasong helped the Thai employees obtain Social Security numbers, placing them on the official payroll and reporting a portion of their wages.

Sinprasong allegedly tried to defraud the Internal Revenue Service (IRS) and the Thai employees, concealing the considerable overtime hours he ordered the Thai employees to work, typically between 26 and 32 hours of overtime each week. Not only did he not report overtime wages to the IRS, he also failed to pay his Thai employees those extra hours.

Sinprasong turned himself in Thursday, making his initial appearance in U.S. District Court in Denver.

“Greed is the primary reason anyone unlawfully harbors illegal aliens,” said Kumar Kibble, special agent in charge of the ICE (Immigration and Customs Enforcement) Office of Investigations in Denver. “These criminals either cheat the aliens they harbor and/or they cheat their competitors,” he added.

Sinprasong is facing a maximum prison term of 20 years for each count of wire fraud, 5 years maximum for each count of failure to pay employee federal payroll taxes, 10 years for each count of false swearing in an immigration matter, and 10 years for each count of harboring illegal aliens. Additionally, each count has a maximum fine of $250,000.

Source: BNO News

2010-02-13

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[gosompoi]

And what of his victims?

[shawndoc]

They'll be able to sue him in court for back wages/etc. However they'll only get paid if he has the assets to actually pay them. And I'm not sure which has to be paid first, Civil damages or the criminal fines. Most will probably have to go back to Thailand, but they should be able to drag it out several years if they play their cards right.

If they choose not to sue, but want to stay, they'll probably move some place like LA and continue getting paid under the table by a new employer while ignoring any deportation orders. Per official statistics there's 12 million people in the United States illegally, and unofficial numbers put the actual number somewhere between 20-30 million.

Getting into the country is hard, once you get here its ridiculously easy to stay as long as you don't get convicted of any major crimes. Part of the reason its so hard for a Thai lady to get a Tourist Visa to the country, too many people coming in on valid visas then never leaving.

Edited February 13, 2010 by shawndoc

[Credo]

I hope the victims come out of this with what is owed to them.

[bendejo]

Sinprasong

Is this another Thai-ification of "Shin"?

Wonder if he's a relation of anyone we know.

[prefabs]

Sinprasong

Is this another Thai-ification of "Shin"?

Wonder if he's a relation of anyone we know.

You are really stretching it now. Does the "anyone we know" guy have any relations at the bottom of my leg, because thre is a shin there?

[nakachalet]

there is a thai universal terminology for people who enters usa and vanishes....

it is called

R O B I N H O O D....

Edited February 13, 2010 by nakachalet

[Jingthing]

The penalties for wire fraud sound kind of over the top. Wire fraud is just plain old fraud done through any kind of telecommunication device.

[Spiederman]

Good bout time they got what they deserve

Might get away with it here in Thailand but in the real world you actually have ot treat your employees fair and actually pay them

I love it when I read storys like this

Most of the girls here that rip off farangs are commiting fraud shame they cant be dealt with in the same manner

[ScubaBuddha]

Just like the movie festival promoters corruption scandal, it's yet another example of when Thai's try to apply there way thinking and doing things to a western country with actual laws and actual police that do actuall work. "But this is how it's done it Thailand." don't fly in the US of A.

Edited February 13, 2010 by ScubaBuddha

[cougar52]

The only relevant thing here is that 20 years in an U.S.A Federal Pen is better than a week- end in a Thai jail.

[RKASA]

I know a number of Thai's that have business in the US and only a few act a little like this, (student as a part time worker under the table, but in the US legal kind of thing) 99% are straight up because its good for business in the long view. I also know about ten times as many non Thai's that are just like this. You don't have to be Thai to cheat. The worst of them are from Mexico. How many here in LOS have been pulling the fast one with proxies ect. but goes around comes around, Karma gets them in the end.

[thaitot]

I have seen where Thai restaurant owners in the USA exploit their Thai employees.

Most often they are overworked and under paid.

They know in Thailand wages are low and they use this to their advantage.

[selftaopath]

Good bout time they got what they deserve

Might get away with it here in Thailand but in the real world you actually have ot treat your employees fair and actually pay them

I love it when I read storys like this

Most of the girls here that rip off farangs are commiting fraud shame they cant be dealt with in the same manner

I agree. But as we know this guy was raised in LOS (Land of Scams) (Lack of Sanctions). LOL but I don't think that will be part of his defense. Or will it??? Humn. I can see it now. Your Honor this is all I know this is what is taught in LOS. Doesn't every country do the same as LOS? How can this be??? Did the officials lie to me? What is meant by greed/corruption/morality??? I'm so confused. Please just send me back to my homeland.

[Heng]

I know a number of Thai's that have business in the US and only a few act a little like this, (student as a part time worker under the table, but in the US legal kind of thing) 99% are straight up because its good for business in the long view.

In my experience, it's more of the norm than not to 'harbor/employ' illegal workers (Thais, Chinese, Asians of all nationalities, and not to mention from every single country in Central and South America, and later on, much of Eastern Europe). Why do you think they have been flooding into the US for the past 40+ years? It's indeed good for business in the long run and folks rarely get caught. This is hardly even newsworthy, about as newsworthy as a token 'look/see, we're really working!' drug bust by the local BIB.

Chances are this restaurant owner has most of his assets salted away here in Thailand, where the attitude is likely... oh, you're a criminal because you were employing people at three times our local wage but half their local wage? Um, does that mean we have to fine you or something?

[Bottlerocket]

The penalties for wire fraud sound kind of over the top. Wire fraud is just plain old fraud done through any kind of telecommunication device.

From Wikipedia:

As in the case of mail fraud, the federal statute is often used as a basis for a separate, federal prosecution of what would otherwise have been a violation only of a state law.

[Bottlerocket]

The only relevant thing here is that 20 years in an U.S.A Federal Pen is better than a week- end in a Thai jail.

You can't be serious. In a Thai, jail do you have to contend with Crips, Bloods, Aryan Nation, Mexican Mafia, or one of the many other gangs comprised of hardened criminals that must kill to gain membership? You wouldn't last a day in the pen.

[nakachalet]

Good bout time they got what they deserve

Might get away with it here in Thailand but in the real world you actually have ot treat your employees fair and actually pay them

I love it when I read storys like this

Most of the girls here that rip off farangs are commiting fraud shame they cant be dealt with in the same manner

spiederman

may i pls reparaphrase our national anthem....

oh say, can't you see....

it is the farangs coming to thailand that more often than not, defraud the lovely, innocent young and well tanned ladies....

why then sayeth thou that these easily led astray innocent young ladies who actually were the victims.... became, in your generalization, the purpetrators themselves....

oh say.... can't you see.... farangs.... with all their all mighty dollars were buying up all the pleasures money can buy.... causing the ladies to cry all the way to bkk bank....

friend.... try not to be too lopsided in your happy and exciting life in thailand, kay? ....

Edited February 14, 2010 by nakachalet

[tracer]

The penalties for wire fraud sound kind of over the top. Wire fraud is just plain old fraud done through any kind of telecommunication device.

Well, if they want to lock him up what does it matter what he gets accused off as long as its provable??

[wintermute]

The only reason why they are throwing the book at him is because it involves tax evasion. Anytime you fail to pay the U.S. government its money they will make sure they screw you over as much as possible if they take you to court.

Edited February 15, 2010 by wintermute

[LomSak27]

These sound like federal crimes. The Feds used to have what is called determinant sentencing, which was mandatory guidelines (sentence ranges) based upon the crimes and other factors. They were less, sometimes way less than the maximum terms. Scalia and his buddies didn't like Congress, who set the guidelines, telling judges what to do, so they figured out a way to torpedo the guidelines. Now they are suggested guidelines, although if a judge departs too far from them, the judge may get reversed

[cavenan]

wonder what he calls his waitresses where he operates restaurants that require special skills?

thai girls" specials and skills can really stretch the americans' imagination.

how else do you explain his booming business in small town denver and boulder.

Edited February 24, 2010 by cavenan

[nakachalet]

cavenan

what are you hinting at?

almost all thai restaurants overseas are legit, though proprietors might not engage legitimate means to conduct their businesses.

denver is not a small town, is it?

i have yet to see a thai restaurant in the u.s. operates as a mamasan outlet.... like the mustang ranch close to reno, or chicken ranch by las vegas.

as you are aware, thai cuisine is very much appreciated and frequented by many young and not so young americans.

thai waitresses in thai restaurants in u.s., though they might be undocumented.... do not moonlight.... in my personal experience.