United States v. Kalu, No. 14-1068 (10th Cir. 2015)
Annotate this CaseDefendant-appellant Kizzy Kalu recruited foreign nationals to come to the United States for specialized nursing employment, required them to work as non-specialized laborers in nursing homes, retained a portion of their wages for personal profit, and threatened them with deportation and financial ruin if they did not comply with his demands. He misrepresented the terms of their employment to the government to obtain visas and bring the foreign nationals into the country. The government charged defendant in a 95-count superseding indictment. After a trial, a jury found defendant guilty of 89 of the counts alleged, including: (1) mail fraud; (2) encouraging and inducing an alien; (3) visa fraud; (4) forced labor; (5) trafficking in forced labor; and (6) money laundering. The district court sentenced defendant to 130 months of imprisonment on some counts and 120 months on others, with the sentences running concurrently. The court also ordered forfeiture in the amount of $475,592.94 and awarded $3,790,338.55 in restitution. On appeal to the Tenth Circuit, defendant argued the district court erroneously instructed the jury on various offenses and sought reversal of his convictions. He also argued the district court abused its discretion in calculating restitution. Finding no reversible error, the Tenth Circuit affirmed the district court.
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