4-18-2024 4:18am

OWINGS MILLS MAN

Owings Mills Man Found Guilty Of Conspiracy, Visa Fraud, and Aggravated Identity Theft After 9-Day Trial

Defendant Submitted Fraudulent Documents to Support Clients’ Visa Applications, Including Falsified Psychological Evaluations Using the Identity of a Licensed Doctor

A federal jury has convicted Oluwatoyin Aborisade, a/k/a “Thoyinstar”, a/k/a “Toyin”, age 46, of Owings Mills, Maryland, for conspiracy to commit visa fraud, visa fraud, and aggravated identity theft.

The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (“HSI”) Baltimore; Special Agent in Charge Karen L. Brown Cleveland of the Department of State’s Diplomatic Security Service (DSS); and Washington District Office Director Ron Rosenberg of United States Citizenship and Immigration Services-Fraud Detection and National Security (USCIS-FDNS).

According to the evidence presented at his 9-day trial, from approximately December 2017 to October 2020, Aborisade conspired with others to commit visa fraud by presenting false statements and fraudulent immigration documents to the United States Citizenship and Immigration Services. Specifically, the evidence proved that Aborisade established Phemnick Legal Center LLC and other entities bearing the name Phemnick, to assist individuals and their families with immigration-related legal work, including filing official forms and paperwork to obtain immigration benefits in the United States.

In fact, Aborisade was not a licensed immigration attorney, was not licensed to practice law in Maryland or elsewhere, and neither Aborisade nor Phemnick were accredited by the Board of Immigration Appeals to legally provide immigration services.

As detailed at trial, Aborisade advertised immigration related services to aliens and their family members and friends through the use of business cards, social media and websites. Aborisade gave false, inaccurate, and incomplete legal and immigration advice to alien-clients in order to induce them to retain his services and those of Phemnick. Aborisade’s clients paid him a fee to complete and submit the necessary documents. Aborisade knowingly presented false statements with respect to material facts in applications, affidavit and other documents required by immigration laws and regulations.

For example, as detailed in trial testimony, a co-conspirator paid Aborisade monetary compensation in order to draft a fraudulent lease to be submitted with various immigration filings to USCIS, in order to demonstrate that the co-conspirator had resided with his spouse, when in fact, he had not. Aborisade and a co-conspirator employee of Phemnick exchanged emails coordinating the editing and falsification of documents to be submitted in immigration filings to the USCIS, including psychological evaluations.

As part of the fraud, Aborisade also provided a co-conspirator with sample lease agreements to falsify immigration documentation, as evidence that alien-clients had resided with their spouses, when in fact, they had not. The evidence proved that Aborisade submitted at least 12 fraudulent documents to the USCIS.

Finally, the evidence proved that Aborisade committed aggravated identity theft by using the personal identifying information (“PII”) of real people in fraudulent visa applications without the victims’ permission. Specifically, Aborisade used the names, passports, social security numbers, IRS Forms 1040, of one group of identity theft victims, and the name and medical license number of another identity theft victim in filings with USCIS, without the victims’ knowledge or permission.

Aborisade faces a maximum sentence of 15 years in federal prison for conspiracy to commit visa fraud, a maximum of 15 years in federal prison for each of 12 counts of visa fraud, and a mandatory minimum of two years in federal prison, consecutive to any other sentenced imposed, for each of 10 counts of aggravated identity theft. U.S. District Judge Julie R. Rubin has scheduled sentencing for August 1, 2024, at 2 p.m.

United States Attorney Erek L. Barron commended HSI, DSS, and the USCIS-FDNS for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Michael Aubin and Darryl Tarver, who are prosecuting the case.