Judge deals U.S. major setback in H-1B fraud case

[Newsjock]

Source: Computerworld

In what may be the largest H-1B fraud case ever brought forward, the government has run into trouble with a judge having dismissed a number of counts and suppressed some of the evidence taken from an IT services firm's computers.

The ruling, made late last week, may help IT services firm Vision Systems Group Inc. in its defense against government allegations that it had set up shell companies in Iowa so it could pay some of its visa workers the state's lower prevailing wage rates.

... The judge said the search criteria used by the government was "over-inclusive" and not limited to the warrant. For instance, the computer expert was required to produce "all email files" and "Word (or Word type) documents opened/modified in the last year."

The warrant also required the government to make its examination of the digital images within 60 days, which the government failed to do, according to the judge.

Read more: http://www.computerworld.com/s/article/9174350/Judge_deals_U.S._major_setback_in_H_1B_fraud_case?taxonomyId=60

[Demeter]

1. Disgusting

Nominated by Clinton, recommended by Harkin.

[tammywammy]

2. The government failed to comply with the search warrants

I'd rather hold the govt accountable and not let them slide because I happen to agree one way or another on a case.

This is a govt fuck up, and it sounds like the judge ruled accordingly.

"The judge said the search criteria used by the government was "over-inclusive" and not limited to the warrant. For instance, the computer expert was required to produce "all email files" and "Word (or Word type) documents opened/modified in the last year."

The warrant also required the government to make its examination of the digital images within 60 days, which the government failed to do, according to the judge."

[w4rma]

3. 60 days is not much time for such an extensive search. (nt)

[tammywammy]

4. Yes, but they knew the criteria when they got the search warrant. n/t

[pundaint]

5. These firms and their American corporation co-conspirators are all about illegal

activities to undercut American IT salaries. The IRS doesn't enforce their own rules for 1099-employees, and immigration doesn't enforce the posting rules for staffing an American position from abroad with a low-wage indentured resource. Another big thank you to Quest and their lapdog John McCain.

[OhioChick]

6. How fucking nice n/t