Salt Lake Lawyer Violates Pre-Trial Conditions Related to Fraud Charges

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updated Feb 24, 2011

By Author - LawCrossing

03/20/10

Alcala, the owner of Alcala Law Firm and seven others, were accused of fraudulently obtaining visas for foreign nationals and Utah employees through Alcala’s firm, which specialized in Immigration law. In addition, The Acalala Law Firm was indicted for its part in the conspiracy. According to an article in the Deseret News, Alcala’s law firm had illegally obtained ''H-2B work visas for some Utah companies for profit. According to investigators, Alcala's firm built up a visa ''pool' by urging workers from Mexico to lie about their employment and time spent in the United States upon their return to Mexico. If convicted, Alcala can spend up to five years maximum in prison on conspiracy charges, and up to 10 years maximum for each count of 12 visa fraud charges.

In August 2009, Alcala was released pending his trial but on the conditions that he hand over his passport and seek permission to leave the state. He was also ordered to wear a GPS monitoring device so his whereabouts could be tracked at all times.

A conference was held to address allegations that Alcala had embarked on an unauthorized trip to Mexico and contacted a co-defendant in the case, thus violating the conditions of his pre-trial release. Although Alcala did confess that he took a trip to Mexico, he denied that he had made any contact with a co-defendant. According to a statement in the Deseret News, Alcala's attorney, Ron Yengich, argued that Alcala did make numerous attempts to obtain permission to go to Mexico.
United States

According to a statement from prosecutor, Scott Romney, issues had arose regarding Alcala's release specifically problems with the GPS monitoring device that is ''not responding, leading to some discussion it's been tampered with.''

U.S. District Magistrate Judge David Nuffer had deemed Alcala as a 'manageable' flight risk, however, Alcala was sent back to prison when it was discovered that he had breached his pre-trial conditions. According to a statement published in the Deseret News, Judge Nuffer said that he ''intended to propose conditions to mitigate that risk. I had him surrender his passport in the naive view that would disable him from international travel ... but I find he didn't make an attempt to contact (his supervising officer) about traveling to Mexico.''
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