August 10, 2018

VIA ELECTRONIC TRANSMISSION

The Honorable Kirstjen Nielsen

Secretary

U.S. Department of Homeland Security

Washington, D.C. 20528

Dear Secretary Nielsen:

I write to you regarding a disturbing allegation that a 13 year-old-girl seeking entry into the United States was released to an unrelated adult male claiming to be her father, who then raped, assaulted, and abused her.[1] According to reports, Ramon Pedro crossed into the United States at an El Paso, Texas port of entry, and claimed he was traveling with his “daughter.” The Committee has learned that Pedro was found inadmissible for failing to possess valid visa documents, was issued an Expedited Order of Removal, and was released with his “daughter” into the interior of the United States. U.S. Customs and Border Protection (CBP) processed and released the “family unit” after determining there was no bed space at a family residential center.

Reportedly, the abused girl’s mother sent her on the dangerous journey from Guatemala to the United States to accompany Pedro who promised to help her find a job.[2] Pedro undoubtedly understood the likelihood of being released from immigration custody with a “daughter” was higher than making the journey alone. This is a horrific example of how smugglers and other criminals seek to defraud the United States government by creating fraudulent family units and crossing the border illegally.

Unfortunately, it is difficult to determine how long – or to what extent – the 13 year-old-girl was abused. Pedro was reportedly released with Alternatives to Detention monitoring and required to check in with federal officials. However, despite ATD monitoring, it was only after Pedro and the girl were admitted to a hospital in Fresno, California for tuberculosis screening that doctors discovered that the girl had been sexually assaulted.[3]

Upon discovering the abuse, police arrested Pedro for rape, forcible sexual penetration, child endangerment, and other similar charges.[4] He is being held in detention on $310,000 bond. However, since California is a sanctuary state, it is unlikely Immigration and Customs Enforcement (ICE) will be notified, meaning Pedro will likely vanish into the community, free to abuse again. According to sources, if ICE had the appropriations to hold Pedro and the girl for less than two weeks while waiting for travel documents back to Guatemala, this terrible tragedy may have never occurred.

It is unconscionable to think that our immigration policies may lead bad actors like Pedro free to exploit and viciously prey on children to get across our border and released into American communities. We must repeal the Flores restriction on keeping children with adults for longer than 20 days in facilities until parentage may be carefully determined. Until this happens, more children remain vulnerable to sexual abuse and assault.

To better understand this situation, please provide knowledgeable staff to brief the Committee on this circumstance, including the ATD monitoring Pedro was subjected to, no later than August, 15, 2018.

Thank you for your attention to this important matter. Should you have any questions, please contact Katherine Nikas or Aakash Singh of my Committee staff at (202) 224-5225.

Sincerely,

Charles E. Grassley

https://www.judiciary.senate.gov/press/rep/releases/grassley-seeks-details-on-illegal-entry-by-fraudulent-family-unit-and-alleged-subsequent-sexual-abuse

>>2597723

FOR IMMEDIATE RELEASE

Monday, August 13, 2018

Manhattan U.S. Attorney Announces Criminal Charges Against Zürcher Kantonalbank Of Switzerland, With Deferred Prosecution Agreement Requiring Payment Of $98.5 Million, As Well As Guilty Pleas Of Two Zürcher Kantonalbank Bankers

Bank Admits to Helping U.S. Taxpayer-Clients Hide Hundreds of Millions of Dollars in Offshore Accounts

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Richard E. Zuckerman, the Principal Deputy Assistant Attorney General for the Tax Division of the Department of Justice, and Don Fort, Chief, Internal Revenue Service-Criminal Investigation (“IRS-CI”), announced the filing of criminal charges against ZÜRCHER KANTONALBANK (“ZKB”), a financial institution headquartered in Zurich, Switzerland. ZKB is charged with conspiring to help U.S. taxpayer-clients evade their U.S. tax obligations, file false federal tax returns, and otherwise hide hundreds of millions of dollars in offshore bank accounts held at ZKB.

Mr. Berman also announced a deferred prosecution agreement with ZKB (the “Agreement”), under which ZKB admitted to its unlawful conduct in assisting U.S. taxpayer-clients in violating their legal duties. The admissions are contained in a detailed Statement of Facts attached to the Agreement. The Agreement requires ZKB to pay a total of $98.5 million. The $98.5 million figure reflects, in part, a credit given to ZKB because of its cooperation in this case. However, the amount of ZKB’s cooperation credit was reduced by the Government due to ZKB’s actions, as described in the Statement of Facts, in dissuading two indicted ZKB bankers from cooperating with U.S. authorities for years after their indictment. Those indicted bankers, STEPHAN FELLMANN and CHRISTOF REIST, also pled guilty today.

The criminal charge against ZKB is contained in an Information (the “Information”) alleging one count of conspiracy to willfully and knowingly (1) defraud the IRS, (2) file false federal income tax returns, and (3) evade federal income taxes. If ZKB abides by all of the terms of the Agreement, the Government will defer prosecution on the Information for three years and then seek to dismiss the charges.

more:

https://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-announces-criminal-charges-against-z-rcher-kantonalbank