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Update on Kooritzky-Bogardus Affair - Class Action Certified

by Paul S. Allen

Most Immigration Daily readers will recall that Mr. Kooritzky and Bogardus were indicted four months ago for immigration fraud. The government has alleged and Bogardus has admitted participation in a scheme by which employers' signatures were forged on labor certification applications so that Kooritzky and Bogardus' clients could get greencards. Bogardus even hired employees of the U.S. Department of State to forge the signatures. The scheme was uncovered, the FBI and the INS raided Kooritzky's office, arrested him and Bogardus, and seized approximately $11 million in fees collected from the victims.

Bogardus pled guilty. Two other employees, Inderjeet Kaur and Carolina Trana have pled guilty and agreed to testify against Kooritzky. Kooritzky's trial was held during the week of December 2, 2002. The jury found him guilty on all counts. Bryan Shaughnessy, Kooritzky's attorney, asserted in motions to the Judge that the Judge moved the trial too quickly and made it difficult for him to defend Kooritzky, who is now in jail for ten years.

The local INS District Director Warren Lewis has declined to grant any particular status to the victims of Kooritzky-Bogardus but he has observed that local immigration judges are taking as much as a year to a year and a half before final removal orders are entered.

Judge Burgess, Superior Court signed an Order certifying the class action in Mbaye Faye, et al v. Samuel Kooritzky, et al, Civil Case No. 02ca8322. To read the order, see: /articles/2003,0422-kooritzky.pdf. This means that the people described in the class action may now proceed against Mr. Kooritzky, Bogardus, and such other defendants as may be named later to obtain restitution, compensatory damages and punitive damages.

About The Author

Paul S. Allen is the founding partner of the law firm of Paul Shearman Allen & Associates. He along with former Congressman Peter Hoagland have filed a class action suit against Kooritzky-Bogardus in the Superior Court, District of Columbia. Judge Burgess, Supreme Court of the District of Columbia, ordered that the class be certified on March 28, 2003. The victims should make applications for damages and alternative arrangements to obtain greencards now. For more information, contact Paul Shearman Allen at (Ph) 202-638-2777 or (Fax) 202-638-1677.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.