vardhan_florida Posted July 22, 2013 Report Share Posted July 22, 2013 Hi, I am working in one of the below companies whose owner is charged. A shock to me & many other employees who are working in those still. http://www.justice.gov/usao/nys/pressreleases/July13/DharayanetalArrestPR.php My Current status is :H1 past 6 Years with current valid 3 yr extension Greencard: I-140 approved & waiting for priority date. This is a shocking & unusual situation. Need help on how to go about 1. Do I need to change the employer immediately ? 2. As of now my employer is charged . Still not proven guilty. Should I continue with same company ? If yes, for how long ? 3. If I continue with current employer, would I face any future Issues/audits in Green card processing ? 4. If my employer files for Bankruptsy, what should I do Before or After he does that? I am in serious situation and unable to decide what my next steps have to be at this time. Looking forward for your suggestions. For any guidance, not wanting to post here, appreciate if you could mail me at ******************@gmail.com Thanking you, Vardhan. If you are unable to open url... Manhattan U.S. Attorney Announces Charges Against Eight Individuals In Connection With $2.3 Million Bribery And Kickback Scheme To Secure Business From A Medical Cost-Management Company FOR IMMEDIATE RELEASE Wednesday, July 17, 2013 One Executive Has Pled Guilty to Accepting Bribes and Kickbacks Preet Bharara, the United States Attorney for the Southern District of New York, Thomas O’Donnell, the Special Agent-in-Charge of the New York Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), and Steven G. Hughes, the Special Agent-in-Charge of the New York Office of the U.S. Secret Service today announced charges against eight individuals for their alleged involvement in a lucrative scheme in which information technology vendors paid over $2.3 million in bribes and kickbacks to secure business from executives of a Manhattan-based medical cost management company (the “New York Company”). The defendants charged with paying the bribes and kickbacks are SARVESH DHARAYAN, SANJAY GUPTA, VENKATA ATLURI, RANGARAJAN KUMAR, VADAN KUMAR KOPALLE, and DARREN SIRIANI. The defendants charged with receiving the bribes and kickbacks are ANIL SINGH and KEITH BUSH. DHARAYAN, GUPTA, KOPPALLE, and SIRIANI were arrested this morning at their homes in New Jersey, and were presented in Manhattan federal court this afternoon before U.S. Magistrate Judge James L. Cott. SINGH, who was previously arrested in April 2013, pled guilty to honest services fraud and other charges before U.S. District Judge Denise L. Cote on July 11, 2013. BUSH, who was also arrested previously on July 12, 2013, is next scheduled to appear in court for a pretrial conference on August 15, 2013. ATLURI and KUMAR are not yet in custody. Manhattan U.S. Attorney Preet Bharara said: “For the eight defendants charged in this multi-million dollar scheme, bribes and kickbacks were allegedly the cost they imposed for doing business with this medical-cost management company. As today’s charges detail, the defendants achieved their years-long fraud through fake companies, sham invoices and made-up consulting services. Today’s actions underscore our commitment to work with our law enforcement partners to bring to justice individuals who break the law out of greed.” HHS-OIG Special Agent-in-Charge Thomas O’Donnell said: “This scheme was motivated by greed and it deprived its victim, a company in the health care field, of the honest labor of its employees. We will continue to aggressively investigate those who pay kickbacks and bribes to gain an advantage in the public and private health care sectors.” USSS Special Agent-in-Charge Steven G. Hughes said: “The Secret Service continues to enjoy its partnership with the New York Office of the U.S. Department of Health and Human Services, Office of Inspector General. We find partnerships such as this to be an effective way to share resources and stop criminals from continuing to engage in fraudulent schemes.” According to the allegations contained in the Complaint, the Informations filed against BUSH and SINGH, and other statements made in Manhattan federal court: SINGH was employed as a Senior Vice President and the Chief Information Officer at the New York Company, which provided nation-wide medical cost management solutions including, among other things, medical reimbursement services, and BUSH was employed as the company’s Director of Database Administration. SINGH and BUSH had considerable influence over the selection of vendors, specifically vendors of database administrators (“DBAs”), hired by the New York Company. From 2008 to September 2012, various individuals collectively paid over $2.3 million in money and other benefits to SINGH and BUSH in exchange for SINGH’s and BUSH’s agreement to steer millions of dollars of the New York Company’s DBA business to them. Specifically, as alleged: DHARAYAN, the owner of a New Jersey information technology company (“Vendor 1”) and GUPTA, an employee of Vendor 1, paid approximately $1,722,620 in kickbacks and bribes to BUSH and SINGH in exchange for receiving DBA business from the New York Company. From 2010 to 2012, the New York Company paid Vendor 1 approximately $6,625,479.20 for placing DBAs with the New York Company. ATLURI, the owner of another New Jersey information technology company (“Vendor 2”), paid approximately $190,436.75 in kickbacks and bribes to BUSH and SINGH in exchange for receiving DBA business from the New York Company. From 2008 to 2012, the New York Company paid Vendor 2 approximately $11,495,804.88 for placing DBAs with the New York Company. KUMAR paid approximately $247,634 in kickbacks and bribes to BUSH and SINGH in exchange for their agreement to steer DBA business to another New Jersey information technology company (“Vendor 3”). From 2009 to 2012, the New York Company paid Vendor 3 approximately $2,593,210.38 for placing DBAs with the New York Company. KOPALLE, who was in charge of delivery and operations at a Texas information technology company (“Vendor 4”), paid approximately $142,967.50 in kickbacks and bribes to BUSH and SINGH in exchange for receiving DBA business from the New York Company. From 2009 to 2010, the New York Company paid Vendor 4 approximately $1,035,660 for placing DBAs with the New York Company. SIRIANI, the owner and operator of another New Jersey information technology company (“Vendor 5”) paid approximately $23,000 to $29,000 in cash kickbacks and bribes to BUSH and SINGH in exchange for receiving business from the New York Company. SIRIANI also paid for hotel rooms in Las Vegas and Costa Rica, deep sea fishing, massages, sports tickets, and other things, all in exchange for receiving business from the New York Company. From 2008 to 2012, the New York Company paid Vendor 5 approximately $1,177,600.91 for various services and products. According to the Complaint, DHARAYAN, GUPTA, ATLURI, KUMAR, and KOPALLE paid the kickbacks and bribes through conduit companies established by BUSH and SINGH for the very purpose of disguising the true nature and origin of the illegal payments. To further conceal the bribery and kickback scheme, BUSH and SINGH sent false invoices to the conduit companies for consulting services that never occurred. Many of the kickbacks and bribes were paid pursuant to these false invoices. * * * DHARAYAN, 42, of Edison, New Jersey, GUPTA, 38 of East Windsor, New Jersey, ATLURI, 41, of Monmouth Junction, New Jersey, KUMAR, 47, of Monroe, New Jersey, KOPALLE, 43, of Edison, New Jersey, and SIRIANI, 45, of Matawan, New Jersey, were each charged with one count of conspiracy to commit honest services fraud, which carries a maximum term of 20 years in prison, one count of conspiracy to violate the Travel Act, which carries a maximum term of five years in prison, one count of honest services fraud, which carries a maximum term of 20 years in prison, and one count of violating the Travel Act, which carries a maximum term of five years in prison. DHARAYAN, GUPTA, ATLURI, KUMAR, and KOPALLE were also charged with one count of conspiracy to commit money laundering, which carries a maximum term of 20 years in prison. SINGH, 40, a resident of East Brunswick, New Jersey pled guilty to one count each of conspiracy to commit honest services fraud, conspiracy to violate the Travel Act, honest services fraud, violating the Travel Act, and conspiracy to commit money laundering. He faces a maximum penalty of 70 years in prison on all counts. BUSH, 41, a resident of Rahway, New Jersey, is charged with one count each of conspiracy to commit honest services fraud, conspiracy to violate the Travel Act, honest services fraud, violating the Travel Act, and conspiracy to commit money laundering. He also faces a maximum penalty of 70 years in prison if convicted on all counts. Mr. Bharara praised the outstanding efforts of HHS-OIG and the U.S. Secret Service in the investigation. He also thanked the New York Company for its assistance and cooperation in the investigation. This case is being handled by the Office’s Complex Frauds Unit. Assistant U.S. Attorney Jason P. Hernandez is in charge of the prosecution. Assistant U.S. Attorney Christine Magdo of the Office’s Asset Forfeiture Unit is responsible for the forfeiture aspects of the case. The charges and allegations contained in the Complaint and the Information filed against BUSH are merely accusations, and the defendants are presumed innocent unless and until proven guilty. 13-239 Link to comment
rahul412 Posted July 22, 2013 Report Share Posted July 22, 2013 That's "Preet Bharara" man, their is no way to escape now. He did it again. OP, better you contact murthy ASAP, few couple of dollars will save your life. Link to comment
omshiv Posted July 22, 2013 Report Share Posted July 22, 2013 Good. We need more Preet Bharara. Link to comment
JoeF Posted July 22, 2013 Report Share Posted July 22, 2013 Find a better employer ASAP. Link to comment
t75 Posted July 23, 2013 Report Share Posted July 23, 2013 I suggest you consult an attorney if you had any knowledge about the activities. Link to comment
Pretender Posted July 23, 2013 Report Share Posted July 23, 2013 Most of them are common sense answers. Like Rahul said consult Murthy will save a heck alot of trouble for you in future. But surely If executive pleaded guilty its no brainer you employer surely will plea guilty. Link to comment
Jyalajkumar Posted July 25, 2013 Report Share Posted July 25, 2013 Another question reagrding same is should i inform him and give 2 week notice before leaving, will he stop my pay?we have to file gc again with new employer will i-140 priority date be saved? Link to comment
omshiv Posted July 25, 2013 Report Share Posted July 25, 2013 Another question reagrding same is should i inform him and give 2 week notice before leaving, will he stop my pay? we have to file gc again with new employer will i-140 priority date be saved? so you also working with the same employer as OP? your PD may or may not be retained. talk with a good attorney like Murthy Law firm. Link to comment
pontevecchio Posted July 25, 2013 Report Share Posted July 25, 2013 Talk to a Lawyer. Link to comment
rahul412 Posted July 25, 2013 Report Share Posted July 25, 2013 Another question reagrding same is should i inform him and give 2 week notice before leaving, will he stop my pay? we have to file gc again with new employer will i-140 priority date be saved? He CAN'T hold your salary. He has to pay you on time, before he runs out of money find another employer. Coming to GC, I think you can port your PD but I am not sure. Link to comment
Jyalajkumar Posted July 25, 2013 Report Share Posted July 25, 2013 1. what if he closes the company, can i still port my i-140. 2. If he has a non compete agreement and i join the vendor, can he sue afterwards. Link to comment
JoeF Posted July 26, 2013 Report Share Posted July 26, 2013 He CAN'T hold your salary. He has to pay you on time, before he runs out of money find another employer. Coming to GC, I think you can port your PD but I am not sure. PD can only be ported if the original I-140 was approvable. If there was any fraud related to the I-140 filing, it would be gone. Link to comment
Pretender Posted July 26, 2013 Report Share Posted July 26, 2013 Yea. He surely can't hold salary. It is employment at-will so no problem even if you give same day notice. Any attorney dealing with your new GC process case shall easily be able to recapture your priority date as long as you have your current I-140 is approved. Link to comment
rahul412 Posted July 26, 2013 Report Share Posted July 26, 2013 PD can only be ported if the original I-140 was approvable. If there was any fraud related to the I-140 filing, it would be gone. Got it. Link to comment
rahul412 Posted July 26, 2013 Report Share Posted July 26, 2013 2. If he has a non compete agreement and i join the vendor, can he sue afterwards. Yeah, their are chances if the company survives by any chance. So its better contact some attorney before you take ANY decision. Link to comment
Jyalajkumar Posted July 26, 2013 Report Share Posted July 26, 2013 Thanks guys, I really appreciate your responses. I had a word with a company's immigration person also and she said we can port i-140 but if copy is not there it might take some extra time but its portable as its have been approved more than one year and no fraud for filing it. I had a word with DOL customer care and they said if he doesn't pay me i can file a claim to Dept of Labor and they will get the pay from him immidietly and flag him outright. Link to comment
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