NEW YORK – A state assemblywoman plead guilty to two federal felony charges arising out of her efforts to obtain U.S. citizenship through fraud along with concealing assets and income from a federal bankruptcy court, federal officials announced Friday.
New York State Assemblywoman Gabriela Rosa admitted to making false statements to immigration authorities, and making false declarations to federal bankruptcy court.
The New York State Constitution states that only U.S. citizens may serve as members of the New York State Legislature. In November 2012, Rosa was elected to the New York State Legislature as an Assemblywoman for Assembly District 72 in Manhattan, and is currently serving a two-year term in the Assembly.
Rosa is a citizen of the Dominican Republic and had no citizenship status in the United States until 2005.
“Gabriela Rosa’s crimes cut to the heart of her legal qualification to serve the people of the State of New York as a New York State Assemblywoman,” said Manhattan U.S. Attorney Preet Bharara. “She gained the ability to run for that office only as a result of a years-long immigration fraud, and then she compounded her lack of fitness to serve by defrauding a federal bankruptcy court. Now she faces losing her position and prison time for her actions.”
Before running for office, the New York Times reported that Ms. Rosa worked as a staff member in the City Council and the Assembly. She served as chief of staff to former City Councilman Miguel Martinez, who pleaded guilty in 2009 to stealing more than $100,000 through his Council office and a pair of nonprofit organizations.
Rosa, 47, also agreed to resign from office as part of the plea agreement.
Rosa, of Manhattan, faces up to 10 years in prison. and a fine up to $250,000.
Rosa will be sentenced in October.
The Marriage and Naturalization Fraud Scheme
In December 2005, Rosa was naturalized as a U.S. citizen as a result of a scheme to obtain legal residency and ultimately citizenship through a sham marriage.
Rosa paid a U.S. citizen (“Spouse 1) approximately $8,000 to enter into a sham marriage with her while she maintained a relationship with another individual who later became her husband (“Spouse-2”).
In numerous submissions and statements to immigration authorities made under penalty of perjury between in or about 1996 and in or about 2005, authorities said Rosa falsely represented to immigration authorities that she had entered into a bona fide marriage with Spouse-1, and that she had never given false or misleading information to a U.S. immigration official while applying for immigration benefits.
The Bankruptcy Fraud Scheme
In September 2009, Rosa filed a voluntary petition for bankruptcy, under Chapter 7 .
Through the petition, Rosa sought to liquidate over $30,000 in debt that she had accumulated on, among other things, credit card charges and personal loans. In her petition, Rosa made several false declarations and statements, officials said.
Among other things, authorities said Rosa fraudulently omitted her ownership of a cooperative apartment in Manhattan.
Rosa, who worked at the time as a legislative assistant in the New York State Legislature, also failed to list outside income she earned as a political consultant and income earned by Spouse-2 in court documents.