RALEIGH - United States Attorney Robert J. Higdon, Jr. announced that in federal court, Chief United States District Judge Terrence W. Boyle sentenced DAVID E. PIVER, age 60, a licensed attorney in Pennsylvania to $1,000, the maximum statutory fine for the violation, followed by his guilty plea to aiding and abetting fraudulent statements in an immigration proceeding.
Additionally, Judge Boyle sentenced PIVER’s client, ASHISH PRASSAD BHATTARAI, age 40, of Morrisville, North Carolina, for making fraudulent statements in an immigration proceeding, and imposed a $1,000 fine for the violation.
According to the investigation, BHATTARAI, an alien from Nepal, overstayed his visa and obtained employment in the United States by falsely claiming United States citizenship in an Employment Eligibility Verification (Form I-9). Thereafter, BHATTARAI married a United States citizen, retained PIVER’s legal services, and applied for lawful permanent status. In the application form, BHATTARAI was asked if he ever claimed to be a United States citizen. BHATTARAI, under penalty of perjury, stated he had never claimed to be a United States citizen.
Further, court records show that when BHATTARAI appeared with PIVER before United States Citizenship and Immigration Services (USCIS) for his “green card" interview, the adjudicator asked BHATTARAI the same question orally. BHATTARAI this time answered truthfully. PIVER then asked for a recess and advised BHATTARAI to recant BHATTARAI’s statement admitting the false claim of United States citizenship. Moreover, PIVER also advised BHATTARAI to move to another jurisdiction in order to re-file the same application with the hope of having a different adjudicator assigned to the proceeding.
The investigation also revealed that shortly thereafter, BHATTARAI rented an apartment in Greensboro, North Carolina and a new application form was submitted to USCIS. In the new application, BHATTARAI and PIVER certified under penalty of perjury that BHATTARAI had never claimed to be a United States citizen.
Likewise, United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr. emphasized, “This task force has appropriately focused effort at all levels and in this instance appropriately brought to justice an attorney providing criminal advice to his client, who was additionally at fault, but who falls into a category of persons easily taken advantage of."
“Under U.S. law, attorneys can’t advise their clients to make false statements, and aliens seeking U.S. residence can’t procure it through fraudulent means," said Ronnie Martinez, special agent in charge of HSI Charlotte. “HSI special agents, through our Document and Benefit Fraud Task Force, worked closely with our partners at U.S. Citizenship and Immigration Services to investigate this case."
The Document Fraud Benefit Task Force led by agents from Homeland Security Investigations, in conjunction with USCIS’s Fraud Detection and National Security, conducted the investigation in this matter.
Source: U.S. Department of Justice, Office of the United States Attorneys
