Case 1:10-mj-00779-TCB Document 3 Filed 11/17/10 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT F.ORTHE -— ,..,

l i
EASTERN DISTRICT OF VIRGINIA

Alexandria Division
ij ' NOV | T2010
i .

UNITED STATES OF AMERICA ) 1 CL aL~: ''...

) Criminal Number: 1:10MJ779
v. )
)
OUADIE EL HAMZAOUI )
)
)
Defendant )

Affidavit in Support of Criminal Complaint and Arrest Warrant

1. I, Matthew Edmundo Schmitt, being duly sworn, depose and state:

I am a Senior Special Agent of the United States Department of Homeland Security

Immigration and Customs Enforcement ("ICE"). ICE, formerly the United States

Customs Service, has employed me since February 1988, and I have been a Special

Agent since September 1997. I am currently assigned to the Identity and Benefits Fraud

Group of the Special Agent in Charge/Washington DC Office located in Fairfax,

Virginia. I have conducted numerous money laundering investigations, narcotic

smuggling investigations, commercial fraud investigations and investigations into

criminal immigration violations.

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

warrant charging OUADIE EL HAMZAOUI (EL HAMZAOUI) with immigration fraud

in violation of Title, 18 United States Code, Section 1546(a).

3. This affidavit contains information necessary to support probable cause for this

application. It is not intended to include each and every fact and matter observed by me

or known by the government. The information provided is based on my personal

1
 Case 1:10-mj-00779-TCB Document 3 Filed 11/17/10 Page 2 of 7

knowledge and observations, information conveyed to me by other law enforcement

officials, and my review of records, documents and other physical evidence obtained

during the investigation of this case.

4. EL HAMZAOUI is a citizen of Morocco who entered the United States on or

about July 22, 1999, as a B-2 (tourist) visitor with authorization to remain in the United

States until January 21, 2000. EL HAMZAOUI came to the attention of ICE agents

during an investigation into Tiffany Jewell (Jewell), the United States Citizen that EL

HAMZAOUI married to obtain his lawful permanent residence status.

5. On or about September 11,2003, EL HAMZAOUI married Tiffany Jewell in a

civil ceremony in Alexandria, Virginia, within the Eastern District of Virginia.

6. On or about January 27, 2006, Jewell filed the Form 1-130 Petition for Alien

Relative for EL HAMZAOUI. On that same date, EL HAMZAOUI filed a Form 1-485

Application to Register Permanent Residence or Adjust Status. The following documents

were submitted as supporting evidence for the 1-130 and 1-485:

• CIS Form G-325A Biographic Information for Tiffany Jewell which listed her

address as 4841 West Braddock Road #203, Alexandria, Virginia from August,

2004 to the present (January 19,2006).

• A copyof a sworn statement dated September 15,2006, by Tiffany JEWELL to a

CIS Adjudication Officer at the CIS Office, 2675 Prosperity Avenue, Fairfax

Virginia, in the Eastern District of Virginia, in which Jewell falsely stated, among

other things, that she had been living at 4841 West Braddock Road, Apt 203

Alexandria, Virginia for approximately two years with EL HAMZAOUI.

 Case 1:10-mj-00779-TCB Document 3 Filed 11/17/10 Page 3 of 7

• A copy of a sworn statement dated September 15,2006, provided by EL

HAMZAOUI a CIS Adjudication Officer at the CIS Office, 2675 Prosperity

Avenue, Fairfax, Virginia, in the Eastern District of Virginia. In the statement,

EL HAMZAOUI stated that he and Jewell lived at 4841 W. Braddock Road,

Apartment 203, for two years; that he and his wife recently celebrated their

wedding anniversary by dining out; and that, the night before the interview he and

Jewell ate dinner together, watched a movie, and then retired to their bedroom at

separate times; when in fact, EL HAMZAOUI knew that he did not live with

Jewell and as such did not enjoy an evening with her the night before the

interview.

• A Residential Lease dated July 8,2006, signed by EL HAMZAOUI and Jewell,

for a residence at Archstone Newport Village in Alexandria, Virginia. The lease

stated that EL HAMZAOUI and Jewell were tenants at 4841 West Braddock

Road, Apartment#203, Alexandria, Virginia.

• A ChevyChase checking account statement from August 10, 2006 ,for EL

HAMZAOUI and Tiffany Jewell with their address as 4841 West Braddock Road,

Apt 203, Alexandria, Virginia dated.

• Form 1-864 Affidavit of Support dated August 25,2006, listing Tiffany Jewell as

the financial sponsor for EL HAMZAOUI.

• A copy of EL HAMZAOUI's driver's license with the address 4841 West

Braddock Road #203, Alexandria, Virginia, and a copy of Tiffany Nicole EL

HAMZAOUI's Virginia Identification card with the address 4841 West Braddock

Road, #203, Alexandria, Virginia.

 Case 1:10-mj-00779-TCB Document 3 Filed 11/17/10 Page 4 of 7

7. In and around July 2008,1 contacted Archstone Newport Village and confirmed

through them that the lease dated July 8,2006 described above, and submitted to CIS by

EL HAMZAOUI, was a fake document and not a valid lease with Archstone.

8. On November 13,2007,1 obtained ACCURINT reports which listed Tiffany

Jewell's address from July 1997 to October 2007 as 2312 Skyland Terrace SE,

Washington, D.C. I obtained Washington D.C. Voter Registration records which also

show that Tiffany Jewell lived at 2312 Skyland Terrace SE, Washington, D.C. during that

time.

9. Before EL HAMZAOUI entered into a sham marriage with Jewell, he was

married to Aicha Ait Idar (Idar), the woman he married in Morocco, and the mother of

his children. They divorced on July 22,2003, in Alexandria, Virginia. According to my

investigation, EL HAMZAOUI continuedto reside with Idar while married to Jewell.

10. On or about July 20,2007, EL HAMZAOUI and Idar submitted a lease to rent

4841 West Braddock Road, #203, Bldg #48, in Alexandria, Virginia. On or about August

20,2007, EL HAMZAOUI and Idar completed a lease agreement with Archstone

Newport Village for 4841 West Braddock Road Apartment #203, in Alexandria, Virginia.

On November 3, 2007, EL HAMZAOUI and Idar moved to 4862 West Braddock Road,

#102, in Alexandria, Virginia and signed a lease agreement to live at that residence until

November 2,2008.

11. On or about August 4,2003, Idar married Paris Daryl Gillespie, a United States

Citizen. On or about September 21,2005, Idar was granted lawful permanent resident

status based on that marriage. I have reason to believe based on my investigation, that
 Case 1:10-mj-00779-TCB Document 3 Filed 11/17/10 Page 5 of 7

similar to the marriage of EL HAMZAOUI to Jewell that Idar's marriage to Gillespie was

fraudulently entered into for the sole purpose of obtaining immigration benefits.

12. On or about November 14, 2007,1 interviewed the property manager at EL

HAMZAOUI's apartment in Alexandria, Virginia. The property manager advised me

that EL HAMZAOUI referred to Idar as his "wife" during a meeting they both attended

with the manager. The manager also confirmed that both EL HAMZAOUI and Ida are

listed on the lease and have lived in the apartment together since November 2007 and that

they have been living in that apartment complex since February2003.

13. The Form I-130 and Form 1-485 submitted by EL HAMZAOUI and Jewell were

denied by CIS on November 16, 2007, for discrepancies noted in the separate interviews

of both conducted by the CIS officer on September 15,2006.

14. On November 15,2007, and again on August 20, 2008,1, along with others,

interviewed Tiffany Jewell about her marriage to EL HAMZAOUI. Jewell provided the

following information in those interviews:

• She was born in Washington, D.C. and is a citizen of the United States.

• Jewell met EL HAMZAOUI through other individuals who recruited her to marry

EL HAMZAOUI with the promise of payment to her.

• Jewell knew that EL HAMZAOUI was seeking to obtain legal immigration status

in the United States.

• In and around September 2003, EL HAMZAOUI offered Jewell approximately

$3000 to marry him and assist him in obtaining immigration benefits through the

marriage.
 Case 1:10-mj-00779-TCB Document 3 Filed 11/17/10 Page 6 of 7

• Jewell married EL HAMZAOUI to receive money. EL HAMZAOUI married

Jewell so that she would assist him in obtaining immigration benefits through the

fraudulent marriage.

• EL HAMZAOUI's ex-wife, Aicha Ait Idar (Idar), married "Paris," to obtain

immigration benefits.

• Jewell had a child with a man other than EL HAMZAOUI.

• EL HAMZAOUI provided Jewell with a false Archstone Residential lease to sign

so that it could be provided to the former Immigration and Naturalization Service

(currently Citizenship and Immigration Services) as part of the proof that they

were married.

• Jewell only received $1,500 in cash for her marriage to EL HAMZAOUI.

• Jewell always received completed paperwork from EL HAMZAOUI and she

merely signed the paperwork provided to her by him.

• JEWELL was instructed by EL HAMZAOUI's lawyer as to how to answer the

questions posed by immigration officers before attending the CIS interviews.

 Case 1:10-mj-00779-TCB Document 3 Filed 11/17/10 Page 7 of 7

15. Based on the above information, there is probable cause to believe, that on or

about September 15,2006, in Fairfax, Virginia, in the Eastern District of Virginia, and

elsewhere, Ouadie EL HAMZAOUI did unlawfully and knowingly subscribed as true,

under penalty of perjury (as permitted under Title 28, United States Code, Section 1746),

a false statement with respect to a material fact in an application and document required

by the immigration laws and the regulations prescribed thereunder, and knowingly

presented such application and document which contained said false statement and which

failed to contain any reasonable basis in law and fact in violation of Title 18, United

States Code, Section 1546(a)).

Matthew Edmundo Schmitt

Senior Special Agent,
Department of Homeland Security
U. S. Immigration and Customs Enforcement

SUBSCRIBED AND SWORN TO

BEFORE ME THIS |7fr- DAY
of NOVEMBER, 2010
/s/
<r> t .Theresa Carroll Buchanan
-^TJnitrfl States Magistrate Judge
Theresa C. Buchanan
United States Magistrate Judge