
The defendant in this Case in front of the United States District Court of Columbia, led the largest Pakistani migrant smuggling operation at the time of the life of the conspiracy. Throughout his 2-year prolonged criminal activity, the defendant has procured the illegal entry of between twenty-five to ninety-nine smuggled migrants. The journey of the migrants began in Pakistan, continued through Central America with the final destination being the United States of America. In March 2014, Agents of the United States Department of Homeland Security, Immigration and Customs Enforcement “ICE” were informed of the ongoing migrant smuggling operation into the United States. In July 2015, Agents of the “ICE” were tasked with this operation and conducted interviews with smuggled migrants who identified the defendant as their smuggler. Based on extensive information gained through the interviews with the smuggled migrants and complemented by other sources, the US gathered sufficient evidence for extradition of the defendant to the States to stand trial at the US District Court of Columbia.
The evidence submitted by the US government suggests that the defendant abused the migrants' vulnerable position by taking away their passport upon arrival in a safe house in Brazil. From that moment on, the defendant restricted migrants' ability to move, and the defendant completely controlled their movement throughout the journey.
Additionally, the evidence suggests that the majority of the migrants smuggled by the defendant were in an economically deprived situation due to spending most, if not all, of their savings for paying a 'handsome' price for the defendant's smuggling service. The Court emphasizes that despite the large sum of money the defendant asked for each smuggled migrant to pay, which was between 3.000-15.000$ per individual, the smuggled migrants endured months of life-threatening, uncertain travel throughout Central America by land, air and sea. The average journey of a migrant smuggled by the defendant took up to 9 months. The Case discusses that on their crossing to the States, the smuggled migrants, with their genders undisclosed by the Court, were forced to spend days in crowded boats while crossing through Columbia. Throughout the migrants' journeys through Central American countries and their stays in safe-houses in El Salvador, Panama, Guatemala, Argentina and several other countries - the smuggled migrants continuously spent their life in uncertainty. Every next step on the journey wholly depended on the defendant's ability to pay his co-conspirators to facilitate their movement. The defendant, hereby, worked with several co-conspirators, who were located throughout countries in Central America, in a hierarchical manner, of which he was the leader of. His co-conspirator facilitated the smuggled migrants' movement, managed safe houses at various locations (e.g. Guatemala, Panama) and fulfilled other organizational tasks over which the defendant had full authority over. The smuggled migrants furthermore faced with passages through the jungle in the Darien Gap, a place known for harsh and life-threatening conditions. Throughout their route through the jungle, witnesses report little, if any access to food and water. The defendant did not inform the smuggled migrants about the long and harsh conditions they would face on their way to the States. The Court applied aggravating circumstances to the defendant's sentence due to his leadership role and his disregard of safety and security of the smuggled migrants throughout their journey.
The defendant, Dr. Nakib, in his Plea Agreement, plead guilty for the Conspiracy to defraud the United States and the Conspiracy to encourage and Induce Aliens to Come to the United States for Profit, however, objects to the application of playing an aggravating role in the criminal activity as an organizer or leader thereof. The defendant claims that his co-conspirators were in no hierarchical relationship to him and that he did not exercise any authority over the decisions of his co-conspirators.
Based on the evidence provided by the United States Agency on Homeland Security, the migrants smuggled by the defendant were able to identify at least two to three people that worked directly under the defendant's supervision, responding to his orders and requests. Through further investigations, U.S. agents were able to identify several payments made through the Western Union by the defendant to co-conspirators, suggesting a hierarchical modus operando in the defendant's role in criminal activity and function. Finally, the investigation of the United States Government presented the Court with WhatsApp Messenger text messages which provided evidence for a continuous communication throughout the smuggling route between the defendant, his co-conspirators and the migrants. Clear task division, testimony on the defendant taking away travel documents of the smuggled migrants before their journey, monetary exchange for performing requested tasks throughout the smuggling route, and continuous transnational communication in completing the conspiracy provided the Court with sufficient evidence needed to conclude their judgement on sentencing. The Court concludes that the defendant, is a primary organizer and leader, as he "exercised substantial decision-making authority, recruited co-conspirators to assist in the conspiracy by either facilitating the unauthorized aliens' travel or securing additional clients and controlled every aspect of the unauthorized aliens' journey from Brazil to the United States."
Additionally, the U.S. Government presents evidence as to how the smuggled migrants were subjected to harsh conditions that caused a substantial risk of severe bodily injury or death during the voyage from Brazil through South and Central America.
The Court finds the defendant guilty of violating 18 U.S.C. § 371, the Conspiracy to Defraud the United States. In conjunction with the defendant's pleas agreement and the application of aggravating circumstances, the Court sentences the defendant to 31 months' imprisonment and orders upon release a supervised release term of three years as well as his deportation back to Pakistan after release.
18 U.S.C. § 371
Here is a link to the relevant legislation online:
https://www.justice.gov/archives/jm/criminal-resource-manual-923-18-usc-371-conspiracy-defraud-us#:~:text=The%20general%20conspiracy%20statute%2C%2018,manner%20or%20for%20any%20purpose.
Conspiracy to Defraud the United States
From on/about March 2014 to May 2016, the defendant conspired with others to commit the above cited crime. As part of the conspiracy, the Court finds the defendant guilty for facilitating the travel of between twenty-five and ninety-nine different aliens for illegal entry into the United States.
The defendant is found guilty in the conspiracy “to defraud the United States by interfering with and obstructing a lawful government function, that is the enforcement of the immigration laws of the United States by deceit, craft, trickery, and dishonest means” along with at least three others known and unknown to the Grand Jury.
The defendant pleaded guilty to the crime under 18 U.S.C. § 371. However, the defendant disagrees with the the United States Government, in terms of the propriety of imposing a sentencing enhancement for the defendant’s purported aggravated role as an organizer or leader in the conspiracy of committing this crime. (See sentencing section for further details)
8 U.S.C. § l324(a)(l)(A)(iv) and (a)(1)(B)(i)
Here is a link to the relevant legislation online:
https://www.law.cornell.edu/uscode/text/8/1324
The United States District Court for the District of Columbia
This case includes several interesting features. First, it highlights the importance of protecting the anonymity and integrity of smuggled migrants. The primary evidence upon which the United States Government based their allegations, as well as the Court’s indictment of the defendant, are based on an extensive record of witness interviews. This case demonstrates that smuggled migrants serve as a valuable eyewitness to putting together a substantive case against migrant smugglers, especially the leaders and organizers of large-scale smuggling operations as the defendant is in this case.
Second, the argumentation applied by the Court on the establishment of aggravating circumstances and the evaluation of the severity of the crime focuses on the defendant’s organizing role in the smuggling operation. In the reasoning behind the harsh sentencing of the defendant, the Court establishes that the defendant's authority over a large-scale smuggling operation violating US immigration law is what speaks most for the application of enhanced sentencing. With this, the Court highlights that this element of the aggravation of the crime presents the highest form of threat to the US government and public.
Finally, this case is also an example of successful international cooperation for the purpose of prosecuting a leader of a transnational smuggling organization. This case also shows the effectiveness of international cooperation in the process of indicting the defendant. Through effective Interpol communication and the extradition process, the defendant was successfully brought to the United States in a timely manner.