United States of America v. Scott Kaubisch

Rapid City, SD - A Sturgis. South Dakota, couple were sentenced on January 29, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.



Scott Kaubisch, age 51, convicted of False Swearing in Immigration Matter, was sentenced to 14 months in custody, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.



Shiela Kaubisch, a/k/a Maria Shiela Santos Kaubisch, age 54, convicted of Misprison of a Felony, was sentenced to 60 months of probation and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The Kaubisches were also ordered to pay $154,586 in restitution to victims of the fraud.



The convictions stem from several occasions wherein Scott Kaubisch sought and received payments from alien workers seeking H-2B visas, yet falsely declared on the Application for Temporary Employment Certification filed with the USCIS, the DOL Form 9142, and the Department of Homeland Security form I-129, that he had not sought or received such payments. Shiela Kaubisch knew that Scott Kaubisch was falsifying official documents and did conceal that fact.



The investigation was conducted by the U.S. Department of State - Diplomatic Security Service, U.S. Immigration and Customs Enforcement's Homeland Security Investigations , U.S. Department of Labor, Office of Inspector General - Office of Labor Racketeering and Fraud Investigation, and the U.S. Citizenship and Immigration Services – Fraud Detection and National Security. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

See above