Crime & Safety

South Bay 'Legal Specialist' Charged With Visa, Mail Fraud, Identity Theft

The woman and a partner allegedly filed bogus job and investment documents for foreigners, U.S. Department of Justice said.

SANTA CLARA COUNTY, CA – A Palo Alto woman and her Las Vegas business partner have been charged with one count of conspiracy to commit visa fraud and defraud the United States, three counts of visa fraud, two counts of mail fraud and two counts of aggravated identity theft to gain benefits from the United States' EB-5 visa program, according to the Department of Justice.

Prosecutors said that Jennifer Yang, 50 and Daniel Wu, 54, submitted fraudulent documents which claimed the visa applicants were creating new businesses but in fact were filing forms with fake jobs and bogus investments. Yang also is charged with two counts of money laundering.

Both Yang and Wu made an appearance in federal court Friday and both pleaded not guilty, according to prosecutors. Both were released on $500,000 bail.

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Prosecutors said Yang, who is barred in Washington D.C., promoted herself as a legal specialist in the South Bay for people interested in applying for EB-5 visas.

Between 2007 and 2016, the defendants filed petitions under the program for seven foreign investors who invested at least $4 million for investment into a commercial enterprise. Yang and Wu then submitted fraudulent records, according to prosecutors, with third-party information, sometime without their knowledge.

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Yang and Wu also allegedly used the investment money, according to prosecutors, to obtain benefits for their clients through the fake jobs and businesses.

The EB-5 program, according to the DOJ, allows foreigners and immediate family members to get on a path to legal permanent residency by investing in a commercial enterprise. The investment in the enterprise must
amount to $1,000,000 or $500,000 in low employment rates. An applicant could possibly obtain full residency status after two years if the business complies with certain regulation, including a need to create 10 or more jobs.

In total, Yang and Wu may spend up to 79 years in prison if convicted on all charges. Yang may spend an additional 20 years in prison if convicted on the money laundering charge.

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