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Case 1:11-mj-00034-TCB Document 3 Filed 01/14/11 Page 1 of 4



Alexandria Division



Defendant. )


I, Lawrence M. Schwab, Jr., being duly sworn, do hereby state:

1. I am a Special Agent with United States Homeland Security Investigations

(hereinafter "HSI"). HSI isan investigative division ofthe Department ofHomeland Security
(hereinafter "DHS") and the successor to many law enforcement powers of the former
Immigration and Naturalization Service (hereinafter "INS"). I have been a Special Agent with

HSI and INS since June 2002, and am currently assigned to the HSI field office in Fairfax,

Virginia. Prior tothat I was an INS Immigration Inspector at Dulles International Airport from

November 1997 until June 2002. My duties include investigating and enforcing violations of the

immigration and nationality laws of the United States. I am a graduate of the Federal Law

Enforcement Training Center's Criminal Investigator Training Program and have also received

additional HSI investigative training.

2. This affidavit is submitted in support of a criminal complaint and arrest warrant for

Kishore Konda (hereinafter referred to as "Konda"), for Criminal Conspiracy to Commit

Case 1:11-mj-00034-TCB Document 3 Filed 01/14/11 Page 2 of 4

Immigration Fraud in violation of Title 18, Unites States Code, Sections 371 and 1546(a).

3. I make the following statements basedon information obtainedthrough personal

observations, information supplied to me by other law enforcement officers, and information

obtained through the use of law enforcement computerized databases. This affidavit does not

contain every material fact I have learned during the course of this investigation. Rather, this

affidavit contains information necessary to support a finding of probable cause for a criminal

complaint and arrest warrant for Konda.

4. Konda is a native and citizen of India who was admitted into the United States as a

H1B Temporary Worker on or about July 19,1997.

5. Konda, Prashanth Goguri (Goguri) and Mannem Reddy (Reddy) are three of the

principal owners of Symmetric Solutions, Inc., which does business as Minerva Indian Cuisine,
and includes other related retail businesses in Virginia, Maryland, and other locations in the

United States.

6. On or about September 20,2006, Konda signed a form 1-129, petition For

Nonimmigrant Worker, on behalfof an alien"M.T." (hereinafter referred to as "M.T."), an

employee of Minerva Indian Cuisine, to sponsor M.T. to be employed as a Management Analyst

for Symmetric Solutions, Inc., at a salary of $40,000 per year. Konda signed the Form 1-129

after certifying, under penalty of perjury under the laws of the United States of America, thatthis

petition and the evidence submitted with it are all true and correct. Konda then submitted the

Form 1-129 to U.S. Citizenship and Immigration Services (CIS). Based on the false information

submitted by Konda, the Form 1-129 was approved by CIS on February 12, 2007.
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7. On or about February 17, 2010,1 interviewed M.T., who told me that he was never

employed as a Management Analyst by Symmetric Solutions, and he was not paid $40,000 per

year as stated in the form 1-129. Instead, M.T. was employed as a waiter and restaurant manager

at various Minerva Indian Cuisine restaurants owned by Konda, Goguri and Reddy.

8. From in and around 1998 to in and around 2010, the defendant and his business

partners submitted fraudulent immigration applications/petitions including CIS (formerly

Immigration and Naturalization Service) forms 1-129,1-140,1-485, and the Department of Labor

Form ETA 750, on behalf of aliens who were employed by Symmetric Solutions in the restaurant

and retail aspects of the business rather than in the field of computer technology, as fraudulently

asserted on their applications.

9. These applications were submitted by Symmetric Solutions Inc., with addresses listed

in Herndon, Virginia, and Fairfax, Virginia, both within the Eastern District of Virginia, to a CIS

Service Center, which ultimately caused the applications to be adjudicated at the CIS Office in

Fairfax, Virginia.

10. The defendant and the other co-conspirators assisted the aliens in the preparation of

their paperwork submitted to CIS by providing the necessary tax information and employment

documents and in some instances by signing the applications and supporting documentation.

During that time, the defendant and his co-conspirators assisted with the filing of approximately

24 fraudulent employment applications with CIS to secure lawful permanent residence status

and/or HIB Temporary status for aliens who were not eligible to receive those benefits.

11. My investigation revealed that the aliens did not work for Symmetric Solutions in the

positions described in their applications and supporting documentation, but were rather

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employed in restaurants and retail businesses in Virginia, Maryland, and other locations in the

United States.

12. I participated in interviews of Reddy on or about June 21, 2010, and August 25,

2010, in which Reddy told me that he, Konda and Goguri all signed Forms 1-129, and other

supporting documents, alleging to sponsor alien employees for positions as computer

professionals to work for Symmetric Solutions, but in fact these aliens were employed as

restaurant workers in Minerva Indian Cuisine restaurants owned by the defendants.

13. Based upon the above information and upon my training and experience, I have

probable cause to believe that Konda knowingly conspired with others to commit offenses

against the United States, and to defraud the United States in violation of Title 18, Unites States

Code, Section 371, and knowingly subscribed as true (under penalty of perjury under section

1746 of title 28, United States Code) any false statement with respect to a material fact in any

application, affidavit, or other document required by the immigration laws or regulations

prescribed thereunder, or knowingly presented any such application, affidavit, or other document

which contains any such false statement or which fails to contain any reasonable basis in law or

fact, in violation ofTitle 18, United States Code, Section \SA6{s^ ^

Lawrence M. Schwab Jr.

Senior Special Agent
Homeland Security Investigations

Subscribed and sworn to before me

this 14th day of January, 2011.

VfvgTTheresa Carroll Buchanan

United States Magistrate Judge