Douglas Todd: Immigration fraud on a grand scale

Douglas Todd on the recent immigration fraud trial and verdict (while fraud and misrepresentation need to be countered, the overall number in percentage terms is small – see earlier “Protecting Canadian Citizenship” – Citizenship Fraud Update – Numbers Still Small):

[Judge] Harris could not find another Canadian immigration scam that matched “the scale of that perpetrated by Mr. Wang,” a former insurance agent and father of two who previously had no criminal record.

In determining Wang’s sentence, the judge took into account the punishments meted out in a range of earlier migration scams.

One case involved a man who imported 6,000 fake Alberta drivers’ licences. Another Ontario man filed 150 tax returns falsely claiming his clients lived in Canada, so they could obtain child-tax credits.

A woman in another case counselled au pairs on more than 100 occasions to lie to work in Canada. A B.C. woman was convicted of 16 counts of “arranging sham marriages between Chinese nationals and Canadians.” An Ontario duo arranged impostors to take English-proficiency tests for would-be immigrants with no ability in the language.

But how could Wang have pulled off a covert scheme involving more than 1,000 illicit would-be immigrants for eight years?

Barry Cartwright, senior lecturer in Simon Fraser University’s criminology department, said immigration fraud is “hard to catch. It’s expensive. It’s time consuming. And it’s resource-consuming.”

Even though Cartwright is not aware of a criminal case as extensive as Wang’s, the immigration specialist said he knows of larger questionable schemes involving loopholes in the immigration policies of Ottawa and Quebec, especially those to do with investor-class immigrants.

While Cartwright doesn’t want to take away from the value of Canada welcoming what he estimated to be the “nine out of 10” immigrants who end up contributing to the country, he said it’s difficult for officials to carefully screen applicants when “you’re bringing in almost 300,000 immigrants a year, or 25,000 refugees in two months.”

At his sentencing hearing, Wang’s lawyer argued his client’s punishment should be lenient since there was no “breach of trust.” The lawyer said the people who enlisted Wang’s services did so with “their eyes wide open.”

The judge, however, countered that Wang did not mastermind “victimless” crimes. The innocent children of his clients, he noted, could now be deported.

The judge also suggested the country’s entire immigration and taxation systems were victims of Wang’s elaborate cheating.

Wang’s subterfuge, Harris said, undermines whatever confidence Canadians have in the immigration process and is keenly relevant to “today’s age of international terrorism” and people smuggling.

In weighing Wang’s contributions to mass tax avoidance, Harris quoted Supreme Court Justice Peter Cory, who maintained the vast majority of Canadians who pay income tax by way of payroll deduction have little or no opportunity for evasion.

“Those who do evade the payment of income tax not only cheat the state of what is owing to it, but inevitably increase the burden placed upon the honest taxpayers. It is ironic that those who evade payment of taxes think nothing of availing themselves of the innumerable services which the state provides by means of taxes collected from others.”

In further justifying Wang’s seven-year sentence, Harris quoted B.C. Appeal Court Justice Sunni Stromberg-Stein, who said those who facilitate illegal migrants into Canada put an “astronomical cost” on the Canadian taxpayer, “fuel racial prejudice and racial tension” and “adversely impact all aspects of Canadian society.”

Even though Wang pleaded guilty, he has launched an appeal of his jail sentence.

Source: Douglas Todd: Immigration fraud on a grand scale

Richmond man, Xun Wang, gets 7 years behind bars for illegal immigration scheme

Likely one of the more egregious examples of immigration fraud:

A Richmond, B.C., man who made millions helping hundreds of people file fraudulent immigration applications was sentenced to seven years in prison and fined more than $900,000 in provincial court today.

Crown prosecutor Jessica Patterson said Xun Wang, 46, received two fines — one for $187,000 and one for $730,000 — and she said the prison term will be reduced by several months for time already served.

Patterson said the judge “intended to send a message that these kinds of activities are not going to be tolerated.”

“He clearly picked up on the large scale of this operation and the scope of it. It occurred over a number of years and was very sophisticated and very planned, and that appears to be the reason,” said Patterson outside the Vancouver provincial courthouse on Friday morning.

Profitable enterprise

According to court records Wang ran two profitable but unlicensed immigration consulting businesses in Vancouver from 2006 to 2014 called New Can Consultants Ltd. and Wellong International Investments Ltd.

After he was arrested last year, the married father of two pleaded guilty to 15 charges, including illegal immigration consulting, misrepresentation, forgery, fraud, illegally obtaining tax credits and tax evasion.

Wang’s profitable enterprises included creating fake Chinese passports and misrepresenting clients so it would appear they have Canadian addresses and phone numbers when they actually lived in China.

Wang admitted in court that he took these steps in order to create the fictitious appearance of Canadian residency for his clients so they could maintain permanent resident status and obtain Canadian citizenship.

Business records showed up to 1,200 people paid $10 million for Wang’s services. Patterson said it was not yet clear what measures the Canada Border Services Agency would take to follow up on the 1,200 potentially fraudulent immigration applications.

Seven people who worked for Wang were charged in the case. Five are set to appear in court next month. Two are wanted on outstanding warrants.

Source: Richmond man, Xun Wang, gets 7 years behind bars for illegal immigration scheme – British Columbia – CBC News

Overstating Citizenship “Fraud” – New Canadian Media

Citizenship Fraud.037My take on citizenship fraud, with analysis of released numbers to date:

Some may argue that any fraud is unacceptable.

But the quest for perfection has to be balanced with the realities of efficient management and good service delivery.

There are more fraud issues with citizens originating in certain countries, both in terms of country of birth and likely country of application. From a risk management perspective, that is where the focus should be and likely is.

As the government addresses the backlog and implements the new Citizenship Act, we will see starting in 2016 whether it has achieved a reasonable balance between reduced fraud, efficiency, and accessibility of citizenship, meeting the Minister’s commitment of a one-year processing time.

Overstating “Fraud” – New Canadian Media – NCM.

Methodological Note: A number of readers have asked regarding the source of the numbers and analysis:

  • An ATIP request provided to me by a student listed the countries of birth for the 3,194 investigations;
  • Beyond the fact that this number was as of 31 March 2012, no details on which years were included (i.e., did all the cases of suspected misrepresentation pertain to citizenship applications in one year or, as I suspect, a number of years);
  • Other numbers were pieced together from public statements and communications material from the past few years. I integrated as best I could;
  • the percentage figures were calculated against the 5 year annual average of new citizens (2008-12);
  • I asked CIC to confirm and update these numbers. CIC declined, suggesting I file an ATIP request and sending along some communications material.