The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

THE US Federal Bureau of Investigation claims it has more than six hours of audio recordings between Haitian-Bahamian Edward Israel Saintil and an unnamed immigration officer discussing bribery payments made to senior officials to secure permit approvals. The bribes ranged from $400 to $2,500.

US Attorney Jessie Liu has recommended a prison sentence of six months for Saintil, who was convicted last year after an explosive FBI undercover operation into US visa fraud in The Bahamas.

In supporting documents, Ms Liu submitted an updated declaration from FBI special agent Kevin Gounaud summarising audio recordings obtained from a forensic audit of Saintil’s cell phone, which was seized and searched as part of his plea deal.

The recordings represent “hundreds of voice notes” sent between Saintil and the unnamed “mid-level, clerical-type” official (referred to as IO#1) from May 2017 up until Saintil’s arrest in September 2018.

“These conversations in general related to Saintil attempting, through bribery of IO#1, to obtain faster service for his immigration business customers, who are typically Haitian nationals residing in Bahamas, or in Haiti and seeking to come to Bahamas,” read the declaration.

“In many conversations, Saintil and IO#1 reference payments made to IO#1, which are in turn paid to other officials in the Immigration Department. There are numerous references as well to payments made to officials to overlook deficiencies in certain applications, or to avoid ‘verification’ of certain applicants, ie avoid verification of the character of the immigration or sufficiency of certain aspects of the applicant’s file.”

According to Mr Gounaud, Saintil contacted the immigration officer to expedite approval for two residency permits on June 12, 2017, offering an initial amount of $400.

The officer reportedly agreed to assist Saintil but explained multiple immigration officials would need to be paid, including the officer’s supervisor.

The declaration read: “Regarding his supervisor, IO#1 stated, ‘The only way the file move out of her office if, you gotta pay for them two file...so if you ain’t coming talking the right thing to her, ain’t nothing happening papa...$400 ain’t no money to do that, you know that. That’s a joke.’”

It continued: “IO#1 further advised Saintil that he could not give him a specific price yet without checking with several different officials in the approval chain.”

In another recording on October 24, 2017, Saintil contacted the officer concerning approval of a long-term work permit for one of his customers, a Haitian national living in the Bahamas. Saintil reportedly advised his customer was “willing to pay 2.5” to get his permit approved.

“In context,” the declaration read, “this is a reference to paying $2,500 above and beyond any normal costs associated with obtaining a work permit.”

Between July 18 and 19, 2018, Saintil and the officer discussed several pending jobs.

According to Mr Gounaud, Saintil complained the officer was acting too slowly, while the officer noted Saintil was collecting “thousands of dollars” as a result of their partnership.

“IO#1 complained that Saintil was in general not paying enough, and needed to charge one particularly problematic customer more money,” the declaration read.

“In reference to this file, IO#1 noted that one of the people he was paying inside the Immigration Department to advance this file was getting paid $500 and IO#1 was not making enough money once the other official had been paid. 

“IO#1 also noted he was giving Saintil a significant discount, and that IO#1 would typically make ...two and three thousand dollars on these files.”

Saintil pleaded guilty to one count of encouraging and inducing an alien to come to the United States for the purpose of commercial advantage or private financial gain last year.

He was arrested in late September after the FBI allegedly recorded conversations between him and paid informants over several months, in which he falsely represented himself as a justice of the peace; boasted of close relationships with both current and former top Department of Immigration officials; claimed a capacity to obtain fraudulent bank statements to support US visa applications; and also offered to smuggle persons into the US by boat and arrange fraudulent marriages.

In one instance, Saintil obtained a labour certificate and work permit for one Haitian national, who, he said, was employed as a handyman for his company, Saintil’s Painting & Cleaning Services.

Both former and sitting Department of Immigration directors have denied any impropriety on their parts, and The Tribune has withheld the name of an immigration official named in earlier documents who signed an approval of a work permit for Saintil.

 In November, National Security Minister Marvin Dames said a team of investigators from the Royal Bahamas Police Force and an attorney from the Department of Public Prosecutions were headed to Washington to meet with the FBI to discuss the findings of the undercover investigation.

At the time, Mr Dames said local law enforcement will then make a determination on whether any Bahamian laws were broken, and take the necessary measures.

Plea for Saintil to be treated leniently

IN a plea for leniency from a US court, an attorney for Haitian-Bahamian Edward Israel Saintil portrayed him as a diabetic father of five who has been unable to access insulin since his arrest in September due to high medical costs in the US.

US Attorney Jessie Liu accused Saintil of operating a “one-stop shop for immigration fraud” as she recommended a six-month prison sentence for his conduct.

Saintil, 45, pleaded guilty to one count of encouraging and inducing an alien to come to the United States for the purpose of commercial advantage or private financial gain last year.

For his part, Saintil’s lawyer Donald LaRoche is appealing to the court for a sentence of time served taking into consideration his health and family circumstances.

He further suggested Saintil was not aware of his actions, and made a mistake in judgement when he sought to help someone gain employment in the Bahamas.

“(Saintil) regrets anything that he said that would mislead anyone to believe that he would assist someone to illegally enter the United States,” Mr LaRoche said.

Mr LaRoche continued: “He recognises his mistake of judgment, and his family and friends fully support him in the very unfortunate circumstances in which he has landed.

“His community in The Bahamas have been completely astonished and dismayed by the accounts stated in the local media as they do not know Mr Saintil to ever be involved in such actions. Recognised and reputable members of the community who know Mr Saintil very well have submitted letters of reference as to his good character,” he said.

Mr LaRoche added: “Given his age, his lack of any prior criminal record, and his family needs and circumstances, plus all other applicable factors the court will consider, Mr Saintil respectfully moves this court to impose a sentence of time served that is ‘sufficient but not greater than necessary’. . .There is little possibility of his repeating this offence or posing a threat to the public safety in any way.”

Saintil was arrested in late September after a two-year undercover FBI investigation that recorded conversations between him and paid informants over several months.

In those recordings, Saintil falsely represented himself as a justice of the peace; boasted of close relationships with both current and former top Department of Immigration officials; claimed a capacity to obtain fraudulent bank statements to support US visa applications; and also offered to smuggle persons into the US by boat and arrange fraudulent marriages.

The FBI’s undercover operation kicked off in 2016 after agents were tipped off to claims a Haitian national living in the Bahamas - Edna St Fleur - had obtained a US visa fraudulently.

St Fleur, along with two other Haitians and a Bahamian woman, were also indicted in a separate case for allegedly conspiring to commit visa fraud.

While Bahamian Pauline Pratt has been sentenced and deported, and Haitian Johnlee Paul is under house arrest awaiting trial, Haitians Kevin Desir and St Fleur are reportedly still at large.

The government took issue with Saintil’s statement, according to Ms Liu, who stated “there is no reason to think that (Saintil) was making up his ability to smuggle individuals and arrange marriages”.

Ms Liu argued his conduct is “extremely serious” as it appeared he was using his business in the Bahamas as a means to fraudulently obtain work permits.

“He operated a one-stop shop for immigration fraud,” read the US attorney’s sentencing memorandum.

“He offered multiple options for individuals to subvert our immigration laws. He was in the business of assisting aliens to illegally enter the United States.

“The seriousness of (Saintil’s) conduct warrants imprisonment,” she added.