A NY Defense Attorney Explains the Crime of Fraud in Foreign Labor Contracting
Because many people are interested in coming to live and work in the United States, those in the U.S. offering work to foreigners are often swamped with applications. Employment-based immigration is legitimate, and qualifying employers can sponsor immigrants to come to the U.S. to work on a temporary basis or even to work permanently and begin the path towards getting a green card. When employers advertise work or solicit foreign employees, however, they must be honest in explaining the terms and conditions of employment.
Making false representations on any material aspect of work arrangements is illegal under federal law, and the consequences can be serious. Employers and individuals accused of fraud in foreign labor contracting need to speak with a qualified criminal defense lawyer for help defending against charges. Bukh Law Firms, PLLC is a NY-based defense firm that represents U.S. citizens and foreigners accused of state and federal crimes. Give us a call so we can provide knowledgeable legal representation as you face charges of fraud related to foreign labor contracting.
What is Fraud in Foreign Labor Contracting?
There are many different types of false representations that an employer can face criminal charges for making when advertising work in the U.S. to people outside of the country. For example, employers could be charged with fraud for misleading foreigners about:
- Employment conditions.
- Fees for housing
- Housing conditions in employer-provided accommodations.
- Fees to labor brokers
- Food and transportation provided as part of work benefits
- Opportunity or ability to take other jobs
Dishonesty about any aspect of the work arrangement can constitute fraud if the issue is considered a material aspect of the work that is being advertised.
Criminal Penalties for Fraud in Foreign Labor Contracting
The federal government has established a law specifically addressing fraud in foreign labor contracting. According to 18 U.S. Code Section 1351, it is a federal crime to “recruit, solicit, or hire a person outside the United States,” or to attempt to recruit, solicit or hire a foreigner, “by means of materially false or fraudulent pretenses, representations or promises regarding that employment.”
Those who are outside of the United States may also be charged under this code section if they use false statements or fraudulent pretenses to advertise jobs to people outside of the country if the jobs being advertised are performed on a U.S. government contract or are performed on a U.S. military base.
The penalty for misleading people outside the U.S. when it comes to jobs in the states, jobs for the U.S. government, or jobs on U.S. military bases, is a maximum of five years imprisonment as well as a fine. Defendants may also be charged for other crimes including career opportunity scams, mail fraud and wire fraud, depending upon the specific nature of the fraud scheme. It is possible that one misleading advertisement could lead to multiple criminal charges that must be defended against in federal court.
How a NY Defense Lawyer Can Help After Accusations of Fraud
When you are accused of fraud in foreign labor contracting, you must take the accusations very seriously. Federal crimes tend to carry lengthier prison terms and have much more serious consequences upon conviction than state crimes do, and you don’t want to face years in prison or financial loss.
Bukh Law Firms, PLLC will review your case carefully, advise you of your options, and provide assistance in developing a sound legal strategy to respond to charges. Our goal is always to help you walk away with no penalties by getting charges dropped or getting a not guilty verdict.
When this isn’t possible, we can negotiate plea agreements or explore other ways to minimize jail time and fines for conviction. Our firm has extensive experience handling federal criminal cases, and we represent U.S. citizens and businesses as well as foreign individuals and entities facing charges in federal and state courts in the United States. Call today so our legal team can start working on your case.
