Date: 09-29-2024

Case Style:

United States of America v. Andre Fulton, II

Case Number:

Judge: Jill A. Otake

Court: The United States District Court for the District of Hawaii

Plaintiff's Attorney: The United States Attorney’s Office for Honolulu

Defendant's Attorney:

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Description:

Honolulu, Hawaii criminal defense lawyer represented the Defendant charged with Theft from Government
Discharged Army Soldier Formerly Based in Hawaii Sentenced to 3 Months in Prison for Theft from Government

United States Attorney Clare E. Connors announced that Andre Fulton, II, 30, of Georgia, was sentenced by U.S. District Judge Jill A. Otake to three months in prison followed by three years of supervised release for theft of government money. Fulton was also ordered to pay $202,309.27 in restitution and a $100 fine.

According to information provided to the court, in January 2018, the defendant, while stationed at Fort Hood, Texas, entered a fraudulent marriage. Thereafter, his co-conspirator filed an application for a change in immigration status, based on her fraudulent marriage to the defendant. The defendant admitted in his plea agreement he knew the purpose of the fraudulent marriage was to permit his co-conspirator, who was not a United States citizen, to evade the immigration laws of the United States and remain in the United States illegally. The defendant further admitted that the marriage was fraudulent because, among other things, the defendant and his co-conspirator were not romantically involved, never lived together, did not intend to establish a life together, and married only for the purpose of using the marriage ceremony to facilitate their fraudulent scheme. The defendant received several thousand dollars as payment to enter the fraudulent marriage.

In May 2019, the Army transferred the defendant to Fort Shafter, Hawaii. His co-conspirator and her minor daughter remained on the mainland. The defendant admitted that in August and September 2019, he submitted paperwork claiming, falsely, that his co-conspirator and her minor daughter were living with the defendant, in Hawaii, as his dependents. If they were truly his dependents, the defendant would have been entitled to additional money for housing allowances, medical coverage, and cost of living allowances.

As a result of the defendant’s deceit, a non-citizen was able to maintain her status in the United States and the government paid out at least $202,039.27 (Housing Allowances - $166,071.35; Medical Expenses - $30,214.40; and Cost of Living Adjustment - $5,753.52) in unauthorized benefits.

“While the United States appropriately confers significant benefits upon our military personnel for their service, it does so with the understanding that such benefits will be not exploited or misused,” said U.S. Attorney Clare E. Connors. “Here, defendant Fulton exploited his position with the United States military to violate our immigration laws and defraud the government. We will hold those who abuse our laws and privileges accountable under the law.”

“The successful prosecution of this case highlights the Department of the Army Criminal Investigation Division’s unwavering commitment to upholding the integrity of our military and ensuring those who violate the public’s trust are held accountable,” said Special Agent-in-Charge Ruben R. Santiago, Department of the Army Criminal Investigation Division’s Pacific Field Office. “Engaging in fraudulent activities erodes confidence in our institutions and diverts funds and resources that should be dedicated to our nation’s defense.”

“HSI is committed to safeguarding the nation through protecting the integrity of our country’s immigration system,” said HSI’s Acting Special Agent in Charge Lucia Cabral-DeArmas. “Through our partnerships with federal agencies, HSI ensures the benefits afforded to honorable service members are not abused.”

The investigation was conducted by the U.S. Citizenship and Immigration Services, Fraud Detection and National Security Directorate; Army Criminal Investigation Division; Defense Criminal Investigative Service; and Homeland Security Investigations.

Assistant U.S. Attorney Darren W.K. Ching prosecuted the case.

Outcome:

Defendant was found guilty and sentenced to three months in prison followed by three years of supervised release

Plaintiff's Experts:

Defendant's Experts:

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