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USCIS, Meet IRS. IRS, Meet USCIS.

Kelly Phillips ErbAugust 24, 2009May 17, 2020

In 2008, United States Attorney Laurie Magid announced that indictments had been filed against three defendants: Habeeb Malik, Ira Weiner, and Thongchai Vorasingha. The three were charged with, among other things, conspiracy to make false statements in applications to become United States citizens.

The three, Malik, Weiner, and Varasingha, went before a federal judge last month on charges relating to immigration and naturalization fraud and were found guilty; sentencing will be in October. Weiner and Varasingha are expected to spend between two and three years in prison for their roles in the scheme, although the verdict has been appealed.

Malik owned and operated The Foundation of Human Services, a company in Broomall, Pennsylvania, just down the road from Philadelphia. The company promised to assist foreign individuals in becoming naturalized United States citizens. But they had a little bit more in mind than just “assisting” – they were cheating the system.

Weiner and Varasingha were physicians in the greater Philadelphia area who, according to the indictment, would for a $120 fee complete an INS waiver form N-648 with false information. The USCIS (US Citizenship and Immigration Services) regulations allow applicants who are seeking an exception from the English and civics requirements for naturalization based upon a disability or impairment to submit the form N-648 along with a doctor’s certification. Weiner and Varasingha allegedly provided the certification in cases when it was not warranted at the urging of Malik for at least 150 immigrants.

Malik will spend a little longer in prison than his co-defendants. In addition to the conspiracy charges, Malik failed to report the income from his schemes on his federal tax returns. He underreported his income for each of the years he was involved in the scheme, according to the indictment. Malik underreported his income by various amounts in those years, allegedly failing to report at least $132,000 in 2004 alone.

And the lesson to be learned here? Even if you’re committing a crime, file accurate tax returns. Why make a bad situation worse? Even Al Capone figured that one out.

You can read the entire indictment against Malik, Weiner and Vorasingha here (downloadable as a pdf).

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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Habeeb Malik, Ira Weiner, IRS, tax evasion, Thongchai Vorasingha, USCIS

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