T5 B65 Gao Visa Docs 6 Of 6 Fdr- Mar 02 Dos Cable- Visa Referrals- Conviction Of Former Dea Agent

view_telegram(2] R 270027Z MAR 02 FM SECSTATE WASHDC TO ALL DIPLOMATIC AND CONSULAR POSTS SPECIAL EMBASSY PROGRAM AMEMBASSY BELGRADE AMEMBASSY DUSHANBE AMEMBASSY KABUL UNCLAS STATE 057402

FOR COMS AND PRINCIPAL OFFICERS FROM CA A/S MARY A, RYAN E.0. 12958: N/A TAGS: CVIS, KFRD, CMGT, AMGT SUBJECT: VISA REFERRALS; LESSONS LEARNED FROM CONVICTION OF A FORMER DEA AGENT

COMMENT:

1. THROUGHOUT MY TENURE AS A/S FOR CONSULAR AFFAIRS, I HAVE SENT PERIODIC COMMUNICATIONS TO ALL CHIEFS OF MISSION, REMINDING YOU OF THE NEED TO WORK CLOSELY WITH YOUR CONSULS GENERAL TO PROTECT THE INTEGRITY OF THE MISSION VISA REFERRAL PROGRAM. THIS PROGRAM FACILITATES THE TRAVEL OF FOREIGN NATIONALS TO THE UNITED STATES, WHEN IT IS DETERMINED TO BE IN THE INTEREST OF THE USG. VISA REFERRAL PROGRAMS HAVE OPERATED WITH GREAT SUCCESS AT MANY EMBASSIES AND CONSULATES, BUT A FEW ISOLATED ABUSES OF THIS PROGRAM HAVE OCCURRED THAT THREATEN THE VIABILITY OF THIS VALUABLE PUBLIC DIPLOMACY TOOL ONE RECENT INCIDENT, INVOLVING THE CONVICTION OF A FORMER DEA AGENT FOR VISA REFERRAL FRAUD, HIGHLIGHTS THE IMPORTANCE OF ACCURACY IN THE COMPLETION OF THE VISA REFERRAL FORM. MISLEADING STATEMENTS ON THESE FORMS LED TO THE CONVICTION OF THIS FORMER AGENT. THIS INCIDENT ALSO UNDERSCORES THE NEED FOR ALL COMS TO MEET WITH THEIR CONSULS GENERAL TO REVIEW POST VISA REFERRAL PROCEDURES. IN THIS MESSAGE, I REVIEW THE INCIDENTS WHICH LED TO THE CONVICTION OF THIS FORMER LAW ENFORCEMENT OFFICER, AND PROVIDE ADDITIONAL SUGGESTIONS FOR PREVENTING FUTURE ACTS OF NIV REFERRAL FRAUD. Pagel

view_telegram(2] BACKGROUND

2. ON MARCH 4.2002, FORMER DEA AGENT ERIC NEWTON WAS CONVICTED BY A FEDERAL GRAND JURY OF SIX COUNTS OF VISA FRAUD, FOUR COUNTS OF MAKING FALSE STATEMENTS TO A FEDERAL OFFICIAL AND ONE COUNT OF CONSPIRACY, STEMMING FROM FRAUDULENT VISA REFERRAL ACTIVITIES AT EMBASSY

\S BETWEEN MAY-JULY 1999. MR NEWTON FACES

AND 15 YEARS IN PRISON FOR THE CRIMES HE COMMITTED AND A FINE OF UP TO USD 250,000 (TWO HUNDRED FIFTY THOUSAND DOLLARS). TRIAL EVIDENCE PROVED THAT MR NEWTON MADE FALSE STATEMENTS ON THE VISA REFERRAL FORMS HE SUBMITTED IN SUPPORT OF THE VISA APPLICATIONS. HE ALSO CREATED FALSE PRETENSES FOR THE APPLICANTS' TRAVEL AND USED THE INTERVIEW WAIVER PROVISION OF THE EMBASSY CATEGORY "A" VISA REFERRAL SYSTEM TO PROCURE NIVS FOR NIGERIAN CITIZENS. ACCORDING TO WITNESS TESTIMONY, MR NEWTON INTENTIONALLY MISLED CONSULAR OFFICERS AND A DIPLOMATIC SECURITY INVESTIGATOR THROUGH HIS WRITTEN AND ORAL STATEMENTS. EACH APPLICANT REPORTEDLY PAID AN INTERMEDIARY OF MR NEWTON APROXIMATELY USD 4,500 FOR THEIR VISAS. THE CONVICTION SENDS A STRONG WARNING TO USG EMPLOYEES THAT VISA REFERRAL FRAUD WILL NOT BE TOLERATED BY THE DEPARTMENTS OF STATE AND JUSTICE, OR THE COURTS.

LESSONS LEARNED

3. THE CONSULAR AND DS OFFICERS INVOLVED IN THIS CASE NOTED THAT IT CONTAINS SEVERAL VALUABLE LESSONS, WHICH CAN SERVE TO STRENGTHEN ANTI-FRAUD PROCEDURES FOR CATEGORY "A" REFERRALS AT ALL POSTS. I ENCOURAGE ALL OF YOU TO IMPLEMENT THE FOLLOWING PROCEDURES: (A) NOTIFY ALL REFERRING OFFICERS AT POST TO COMPLETE THE LOCALLY PRODUCED VISA REFERRAL FORM ACCURATELY AND COMPLETELY. ALTHOUGH THE LOCALLY PRODUCED VISA REFERRAL FORM IS NOT A LEGAL DOCUMENT, VISA REFERRAL FORMS CAN BE USED IN A COURT OF LAW AS EVIDENCE OF COLLUSION BETWEEN THE REFERRING OFFICER AND THE VISA APPLICANT. IN THE CASE OF MR NEWTON, REFERRAL FORMS COMPLETED AND SIGNED Page 2

view telegram|2] BY HIM IN SUPPORT OF SIX REFERRALS LED TO HIS CONVICTION ON ALL SIX COUNTS OF VISA FRAUD. THE VISA REFERRAL FORM WAS CONSIDERED MR NEWTON'S ATTESTATION THAT HE KNEW THE APPLICANT, AND VOUCHED FOR THE STATED PURPOSE AND DESTINATION OF THE APPLICANT'S TRAVEL THUS, THE VISA REFERRAL FORM BECAME AN INCRIMINATING LINK BETWEEN THE APPLICANT'S VISA APPLICATION (DS 156) AND THE REFERRING OFFICER. PLEASE REMIND YOUR AMERICAN EMPLOYEES THAT THEY CAN BE HELD LEGALLY ACCOUNTABLE FOR ANY INACCURACIES AND MISREPRESENTATIONS ON THEIR VISA REFERRAL FORMS. (B) TAKE AN ACTIVE ROLE IN THE CREATION AND MONITORING OF THE POST NIV REFERRAL PROGRAM. START BY MEETING WITH THE CONSUL GENERAL TO LEARN ABOUT THE STATUS OF THE POST PROGRAM AND ADDRESS ANY PROBLEMS WHICH MIGHT EXIST (C) REQUEST THAT THE DCM AND CONSUL GENERAL MEET PERIODICALLY TO DISCUSS THE OPERATION OF THE PROGRAM AND ADDRESS ANY POTENTIAL PROBLEMS (AND CONFER WITH THE RSO WHEN NECESSARY) (D) UPDATE VISA REFERRAL GUIDELINES FOR EMBASSY PERSONNEL IN THE NAME OF THE AMBASSADOR, OR PRINCIPAL OFFICER, RATHER THAN VIA ADMINISTRATIVE MEMORANDUM. THIS WILL SEND A CLEAR SIGNAL TO EMBASSY PERSONNEL THAT THE RULES HAVE BEEN CAREFULLY CONSIDERED AND ESTABLISHED BY THE MISSION LEADERSHIP

4.1 WILL ALSO BE SENDING INSTRUCTIONS TO CONSULAR OFFICERS BY SEPTEL TO ASSIST THEM IN STRENGTHENING THEIR POST VISA REFERRAL PROCESSING PROCEDURES. 5. MINIMIZE CONSIDERED. POWELL

Page 3

J