Case 1:10-cr-00354-CMH Document 11 Filed 09/23/10 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE" FILED

IN OPEH COURT '*

EASTERN DISTRICT OF VIRGINIA

023
ALEXANDRIA DIVISION
CLERK, U.S. DISTRICT COUOT
ALEXANDRIA. VIRGIHIA

CRIMINAL NO. 1:10-cr-354

UNITED STATES OF AMERICA
Count 1: 8 U.S.C. § 1324(a)(l)(A)(iii)
(Harboring certain aliens)

KIET QUOC BUI Count 2: 8 U.S.C. § 1324a(a)(l)(A)

(Unlawful employment of aliens)
and

MY TRAN, . Count 3: 8 U.S.C. § 1324a(a)(2)

(Continued employment of aliens)
Defendants
Forfeiture: 18 U.S.C. § 982; 8 U.S.C. § 1324(b)

INDICTMENT

SEPTEMBER 2010 TERM - at Alexandria, Virginia

COUNT ONE
(Harboring Certain Aliens)

THE GRAND JURY CHARGES THAT:

Beginning in or around April 2005 through in or around April 2010, in the Eastern

District of Virginia, the defendants, KIET QUOC BUI and MY TRAN, knowing and inreckless

disregard ofthe fact that multiple aliens had come to, entered and remained inthe United States
in violation of law, did unlawfully conceal, harbor and shield from detection such aliens in

buildings and other places for the purpose of commercial advantage and private financial gain.
Specifically, the defendants engaged in a pattern and practice of employing these aliens,

including Victor Manuel Platiro (a/k/a Victor Manuel Platero), Walter Nunez, Noemi Flores
Acevedo, Wilfredo Membreno, Jorge Adilio Barahona Rivas, Moises Gustavo Barahona Rivas,
 Case 1:10-cr-00354-CMH Document 11 Filed 09/23/10 Page 2 of 5

and Jorge Barahona, at their various VIET HOUSE restaurants, payingthese aliens in cash

withoutmaintaining payroll records for them, failing to withhold and pay federal income taxes

on them, failing to prepare a Form 1-9 for each of these aliens as required by U.S. Citizenship

and Immigration Services of the Department of Homeland Security, and failing to report wages

paid to these employees to the Virginia Employment Commission, thereby concealing,

harboring, and shielding these aliens from detection by the United States Government.

(In violation of Title 8, United States Code, Section 1324(a)(l)(A)(iii)).

 Case 1:10-cr-00354-CMH Document 11 Filed 09/23/10 Page 3 of 5

COUNT TWO
(Unlawful Employment of Aliens)

THE GRAND JURY FURTHER CHARGES THAT:

Beginning on or about September22, 2005 through in or around April 2010, withinthe

Eastern District of Virginia, the defendants, KIET QUOC BUI and MY TRAN, knowingly and

unlawfully engaged in a pattern and practice of hiring for employment in the United Statesaliens

that they knew to be unauthorized with respect to such employment. Specifically, the defendants

engaged in a pattern and practice of hiring WalterNunez,Noemi Flores Acevedo, Wilfredo

Membreno, Jorge Adilio Barahona Rivas, Moises Gustavo Barahona Rivas, and Jorge Barahona,

knowingsuch individuals were aliens and were unauthorized with respect to such employment.

(In violation of Title 8, United States Code, Section 1324a(a)(l)(A)).

 Case 1:10-cr-00354-CMH Document 11 Filed 09/23/10 Page 4 of 5

COUNT THREE
(Continued Employment of Aliens)

THE GRAND JURY FURTHER CHARGES THAT:

Beginning in or around April 2005 through in or around April 2010, within the Eastern

District of Virginia, the defendants, KIET QUOC BUI and MY TRAN, after hiring multiple

aliens for employment, knowingly and unlawfully engaged in a pattern and practice of

continuing to employ such aliens in the United States knowing that such aliens were

unauthorized with respect to such employment. Specifically, the defendants engaged in a pattern

and practice of continuing to employ Victor Manuel Platiro (a/k/a Victor Manuel Platero),

Walter Nunez, Noemi Flores Acevedo, Wilfredo Membreno, Jorge Adilio Barahona Rivas,

Moises Gustavo Barahona Rivas, and Jorge Barahona, knowing such individuals were aliens and

were unauthorized with respect to such employment.

(In violation of Title 8, United States Code, Section 1324a(a)(2)).

 Case 1:10-cr-00354-CMH Document 11 Filed 09/23/10 Page 5 of 5

FORFEITURE

Upon conviction of the offenses alleged in Counts One, Two or Three in this Indictment,

the defendants shall forfeit to the United States, pursuant to Title 18, United States Code,

Section 982(a)(6) and Title 8, United States Code, Section 1324(b),

(1) the gross proceeds of the violations charged in this Indictment, and any property,

real or personal, that constitutes or is derived from or is traceable to such proceeds

obtained directly or indirectly from the commission of the violations; and

(2) any property, real or personal, that was used to facilitate, or was intended to

facilitate, the commission of the violations charged in this Indictment

A TRUE EttnaiBftt «o the E-Govemment Act,

the! original or this page hasbeen filed
under seal in the Clerk's Office.

Foreperson
Neil H. MacBride
United States Attorney

By: ^VW-fy\/\_
5ph V. Moreno
Special Assistant United States Attorney