Convicted Brothers Ask for New Trial Based on Government’s Deal with Whistleblowers

Legal counsel for the U.S. government is pushing back against an effort for a new trial from two brothers convicted for their roles in a scheme to misuse H-1B work visas. According to an opposition brief, government attorneys say the brothers have presented no new evidence that would overturn the original ruling.

Atul and Jiten Nanda argue that the government offered unwritten plea deals to witnesses in the case, promising not to deport them in exchange for providing damaging testimony against the brothers. However, the government stands firm that there is no evidence that such deals were offered and that the Nandas are relying solely on speculation and conjecture.

Government lawyers further stated that the brothers were fully aware of the government’s interactions with the witnesses, who all worked for the Nandas’ information technology consulting firm, Dibon Solutions. In the original case, which involved a November 2015 jury verdict, Atul and Jiten Nanda were each convicted on a single count of conspiracy to commit visa fraud, along with counts of conspiracy to harbor illegal aliens and four counts of wire fraud.

At issue in the case were allegations that the Nandas sponsored workers through the federal H-1B visa program, meant for professionals who have unique skills in specialized occupations. While the brothers claimed that they were providing full-time work to these workers, they actually paid them on an “as-needed” basis, and did not provide them with compensation when there was no work available.

During sentencing, attorneys with the government asked that the witnesses receive fines of $10,000 or less so that their offenses would not be considered felonies, which would subject them to deportation proceedings.

This case likely arose when one or more whistleblowers decided to cooperate with government investigators. If you are aware of wrongdoing within your business or organization, consult an experienced Dallas attorney at Whistleblower Law for Managers.