Department of Justice Seal


FOR IMMEDIATE RELEASE	CRM

TUESDAY, MARCH 31, 1998 (202) 514-2008

TDD (202) 514-1888

INS AGENT PLEADS GUILTY IN LOS ANGELES, CALIFORNIA

LOS ANGELES -- A special agent with the Immigration and Naturalization Service pleaded guilty today to untruthfully testifying during a criminal trial, making statements which prompted the judge in that case to dismiss charges against a man accused of conspriacy and bribery, the Department of Justice announced.

Jesse A. Avestro, 40, of San Diego, pleaded guilty to a felony charge of making false declarations during court proceedings.

Avestro, who has been placed on unpaid leave by the INS, worked in the agency's Employer Sanction Unit, which investigates the employment of undocumented workers. After receiving information about immigration violations being committed by a Compton, California company called Nationwide Distribution Services, Avestro completed an INS complaint form (G-123) that detailed alleged immigration offenses against Steven Moallem, the owner of NDS. While Avestro was investigating the allegations, Moallem allegedly offered a bribe to the special agent. The FBI subsequently launched an investigation that later led to the arrests of Moallem and three others.

Moallem went to trial on conspiracy and bribery charges, and Avestro repeatedly testified that he had not prepared the G-123 form. As a result of his false testimony, US District Judge Terry J. Hatter Jr. dismissed with prejudice the case against Moallem.

Avestro pleaded guilty today before US District Judge Richard A. Paez, who is scheduled to sentence the defendant on August 10. At sentencing, Avestro faces a maximum penalty of five years in federal prison. The INS has suspended Avestro indefinitely without pay.

Pursuant to an informal agreement with the government, prosecutors intend to dismiss an obstruction of justice charge against Avestro at the time of his sentencing.

The US Attorney's Office in Los Angeles, which prosecuted the Moallem case, was recused from Avestro's case, which was prosecuted by lawyers with the Public Integrity Section of the Criminal Division of the Department of Justice. Avestro's case was investigated by the FBI.

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