3 charged in Afghan immigration fraud scheme

A Honolulu man and two others face federal charges in connection with a six-year scheme starting in 2018 to provide more than 200 fraudulent visa application recommendations for citizens of Afghanistan to live in the U.S.—accepting $500 each, and emeralds in one instance.

Marty Anthony Muller, Mushtaq Ahmad Habibi and Daud Kalantari were charged by criminal complaint Oct. 18 with false writings, wire fraud and wire fraud conspiracy, visa fraud and conspiracy.

Muller, who has a Kalihi address, is free on a $50, 000 unsecured bond, ahead of a preliminary hearing Nov. 12 before U.S. Magistrate Judge Rom A. Trader. Habibi is free on bond in Virginia and is scheduled for a preliminary hearing in Trader’s court Nov. 21. Kalantari made his initial appearance via videoconference Thursday and is free on bond in California before his preliminary hearing in Trader’s court Nov. 12.

According to an affidavit authored by a special agent with the U.S. Department of State’s Diplomatic Security Service, Muller, Habibi and Kalantari “collaborated to create and submit hundreds of fraudulent letters of recommendation to the U.S. Government in connection with petitions for Special Immigrant Classification for Afghan Special Immigrant Visas ” for Afghan citizens wishing to live in America.

The 45-page complaint includes multiple examples of alleged exchanges Muller had with people hoping to secure visas for themselves and their family.

In April 2020, as the U.S. Department of Defense was drawing down its presence in Afghanistan, a family with jewelry stores in Dubai and mines in Afghanistan approached Muller for help.

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“I needed a favor if possible. One of my uncle wanted to apply for SIV application. He needed recommendation letter. He was on site and worked for us. Now Afghanistan’s safety condition is unfortunately getting worse day and day and there is no future. If you could sign the letter and help us, I will appreciate it very much, ” read a message to Muller.

The man offered Muller a Panjshir emerald stone and a ring made of the emerald and diamonds, telling Muller that the value ranged from $50 a carat up to $4, 000 a carat. The emeralds were purportedly from mines in the Panjshir Valley region of Afghanistan.

Muller was allegedly told the items were valued at more than $5, 000.

“I’ll look at it Monday morning. How many emeralds I get for signing the letter ? Lol, ” Muller allegedly replied, via the messaging application on LinkedIn.

Muller arranged to have the ring and stone sent to his home in Honolulu.

On May, 11 2020, Muller wrote to the man, “Hey, brother. I got the emeralds. They are beautiful. Tashakor !!!” “Tashakor ” means “thank you ” in Persian.

Muller allegedly used a standardized template for each letter of recommendation, which purported to state the applicant’s full name, date of birth, job title, job location and “the period of direct supervision, which always exceeded the one-year SIV requirement.”

“These letters contained false and material information about when and where the SIV applicants had worked in Afghanistan, a critical factor in determining eligibility for an SIV. Specifically, the letters stated falsely that the Afghan nationals “performed sensitive and trusted activities for the U.S. Government funded projects in Afghanistan ” and that every applicant reported directly to Muller, according to the complaint.

Between April 2018 and August 2024, Muller submitted letters of recommendation supporting 368 Afghan applicants. “At least 208 appear to be fraudulent ” because they contained false information about the applicants’ employment affiliation with the U.S. government, ” according to the affidavit.

Muller allegedly signed each fraudulent letter, provided his contact information and explained why “he believed the applicant qualified for an SIV and included a statement asserting that the applicant posed no threat to U.S. national security or safety ” and had worked sensitive jobs for the government.

Muller holds a Hawaii driver’s license and began living in Honolulu in December 2017.

From October 2022 to March 2023, Muller worked on Diego Garcia, then returned to Honolulu in March 2023 before moving to work in the Marshall Islands.

He was arrested in Honolulu.

Habibi is from Afghanistan and entered the U.S. on a visa in 2017 after working as a subcontractor for the U.S. Department of Defense in Afghanistan.

Kalantari is also from Afghanistan and worked as a contractor for the U.S. Army in Afghanistan before coming to the U.S. on a visa.

Habibi lives in Sterling, Va., and Kalantari lives in Fremont, Calif.

In some instances Kalantari allegedly helped draft narratives describing “in detail how the applicant was fearful living in Afghanistan.”

“Kalantari would leave certain parts of the document blank or highlighted in red color, indicating where the SIV (special immigrant visa ) applicant had to write in their personal information into the narrative, such as, name, date of birth, ‘dates of terror events, ’” according to the complaint.

The visa program was created by the Afghan Allies Protection Act of 2009, which authorizes the “issuance of SIVs for qualified Afghan Nationals, not to exceed the total number of 34, 500 ” from fiscal year 2014 through 2022.

From December 2017 through August 2024, Muller allegedly charged $500 per fraudulent letter and regularly communicated with Afghan national co-conspirators who provided him with the names of other Afghan nationals seeking visas using email, LinkedIn, WhatsApp and other messaging applications.

“Typically, these co-conspirators draft a letter of recommendation for the prospective SIV applicant, bearing Muller’s’s full name, date of birth, place of birth, and U.S. passport number. Muller then signs the letters, which falsely state that the Afghan SIV applicants were supervised by Muller ” and employed by entities identified only as “Company 1 ” and “Company 2, ” or Fox Construction, which is owned by Habibi.

Habibi allegedly transferred Muller at least $17, 745 to his bank in Hono ­lulu for his work.

Fox Construction Co. is based in Afghanistan and was previously hired by “Company 1 ” as a sub ­contractor for U.S. gov ­ernment construction projects in Afghanistan before it was banned from accessing U.S. Army Corps of Engineer sites in August 2015.

Muller never worked for Fox, according to the complaint, and allegedly worked the scheme with Habibi between 2018 and 2024. Kalantari allegedly helped Muller get the false letter of recommendations to Afghan nationals between 2018 and 2023.

Muller worked for “Company 1 ” in Afghanistan from Aug. 28, 2014, to March 16, 2017, when he resigned and left Afghanistan.

He was working for “Company 1 ” when he was arrested. Muller allegedly signed 149 fraudulent letters in the name of “Company 1, ” 35 letters using “Company 2 ” and 24 for Fox Construction.