Former Haitian Mayor Convicted of Immigration Crimes Based on Lying about Past Involvement in Haitian Political Violence

A jury has convicted Jean Morose Viliena, the former Mayor of Les Irois, Haiti, for possessing and using a Permanent Resident Card he had fraudulently obtained by falsely stating he had not ordered, carried out, or materially assisted in extrajudicial and political killings and other acts of violence against the Haitian people.

“Today a jury found that Jean Morose Viliena lied his way into gaining entrance into the United States after committing unspeakable acts of violence in Haiti,” said Head of the Justice Department’s Criminal Division Matthew R. Galeotti. “The Justice Department will not stand for human rights violators illegally entering and roaming the streets of our communities. Thank you to the brave victims and witnesses who helped our law enforcement partners and prosecutors begin to hold Viliena accountable for his crimes.”

“The political corruption and violence that the people of Haiti endured at the direction of Jean Morose Viliena, is appalling,” said U.S. Attorney Leah B. Foley for the District of Massachusetts. “The United States is not where you come to hide from your crimes.  Today’s conviction is proof that running away from your crimes and lying to federal officials will catch up to you. I applaud the courage of the witnesses who spoke up about the abuse they suffered as a result of Viliena.”

“Viliena’s horrific violence, committed both by his own hand and by armed groups he directed, made him ineligible to enter the United States,” said U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) New England Special Agent in Charge Michael J. Krol, who oversees HSI operations in all of New England. “He has now faced the consequences of lying to come to live in Massachusetts.  HSI actively investigates and apprehends human rights violators who seek to escape their criminal pasts and come here, and we will not allow this country to become a safe haven for these criminals.”

Viliena was the Mayor of Les Irois, Haiti, from December 2006 until at least February 2010. As a candidate and as Mayor, Viliena was backed by a political machine called Korega, which exerted power throughout the southwestern region of Haiti through armed violence. Viliena personally supervised his mayoral staff and other armed supporters in Les Irois aligned with Korega. Under Viliena’s direct supervision, armed men enforced Viliena’s policies by various means, including by targeting individuals in Les Irois through armed violence.

As Mayor, Viliena was involved in several instances of violence. According to evidence presented at trial, the first occurred on July 27, 2007, when a witness spoke at a judicial proceeding in Les Irois on behalf of a neighbor who had been assaulted by Viliena. In reprisal, that evening, according to testimony at trial, Viliena led an armed group to that witness’s home, where Viliena and his associates shot and killed the witness’s younger brother and then smashed his skull with a large rock before a crowd of bystanders.

The second incident occurred in April 2008, after several community members founded a radio station. According to multiple witnesses’ testimony, Viliena opposed establishment of the radio station and, on April 8, 2008, mobilized armed members of his staff and supporters to forcibly shut down the radio station and seize its broadcasting equipment. At that time, Viliena distributed firearms to his men, some of whom also carried machetes and picks.

On the day of the attack on the radio station, according to evidence presented at trial, Viliena beat the man whose residence housed the radio station. Viliena ordered an associate to shoot him, according to witness testimony. The individual was shot in the leg and spent several months in various hospitals, resulting in his leg later being amputated. Viliena also beat up another individual present at the radio station that day and dragged him through the radio station to the front of the building, according to the evidence at trial. When he tried to flee, the individual was struck by bullets in his face resulting in him being blinded in his right eye after months of intensive medical treatment that included surgeries to extract shotgun pellets from his body. According to evidence introduced at trial, pieces of shotgun pellets remain in the individual’s body to this day, sometimes coming out of his skin on their own.

On June 3, 2008, Viliena presented himself at the U.S. Embassy Consular Office in Port au Prince, Haiti, where he submitted an application for Immigrant Visa and Alien Registration, Form DS-230, in order to gain entry to the United States. The form specifically requires each applicant to state whether they are a member of any class of individuals excluded from admission into the United States, including those who have “ordered, carried out or materially assisted in extrajudicial and political killings and other acts of violence against the Haitian people.” Viliena falsely responded “no,” indicating that this category did not apply to him. Viliena thereafter swore to, and affirmed, before a U.S. Consular Officer that the contents of the application were true and signed the application. Thereafter, on or about June 4, 2008, based upon Viliena’s false representations in the Application for Immigrant Visa and Alien Registration Form DS-230, the U.S. Department of State approved Viliena’s DS-230 application.

On or about July 14, 2008 – as the result of the approval of his DS-230 application – Viliena gained entry into the United States and was thereafter granted lawful permanent resident status in the United States. As a further result, Viliena received a Permanent Resident Card, also known as a “Green Card.” Viliena continued to possess a Permanent Resident Card and used such card on numerous occasions.

The charge of visa fraud provides for a sentence of up to 10 years in prison, three years of supervised release, and a fine of up to $250,000. Viliena is scheduled to be sentenced on June 20. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The HSI Boston Field Office investigated the case, with coordination provided by the Human Rights Violators and War Crimes Center (HRVWCC). Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate, and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female mutilation, and the use or recruitment of child soldiers. Invaluable assistance was also provided by U.S. Customs and Border Protection from Boston Logan Airport.

Trial Attorney Alexandra Skinnion of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Laura J. Kaplan for the District of Massachusetts prosecuted the case, with assistance from HRSP Historian/Analyst Dr. Christopher Hayden.

Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the HSI tip line at 1-866-DHS-2-ICE or its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces (OCDETFs) and Project Safe Neighborhoods (PSN).