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CASE NAME:United States v. Lynda Dieu Phan, Justin Phan, Duc Cao Nguyen
ALL PLAINTIFFS:United States
ALL DEFENDANTS:Lynda Dieu Phan, Justin Phan (aka Thang Phuoc Phan, aka Justin Phuoc Phan, aka Thang Phan), Duc Cao Nguyen
CITATION:628 F. Supp. 2d 562
DOCKET NUMBER:1:08-CR-436
SOURCE:Lexis Search, News Article
TYPE OF CASE:Criminal
RELATED CASE CITATION:
TYPE OF TRIAL:Judge
TRIAL JUDGE(S):Sylvia H. Rambo
YEAR OF ARREST:2008
YEAR OF VERDICT:2010
TYPE OF COURT:Federal
STATE:Pennsylvania
FEDERAL DISTRICT:Middle District Court
STATE COUNTY:
AGE OF VICTIM(S):
NUMBER OF VICTIMS:2 +
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:Vietnam
METHOD OF ENTRY INTO THE U.S.:Unknown
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):3
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Hair/Nail Salon, Marriage Fraud
FIRST CHARGE:Conspiracy to Commit Forced Labor and Marriage Fraud
FIRST CHARGE US/STATE CODE CITATION:18 U.S.C. § 371
FIRST CHARGE VERDICT/PLEA:Guilty Plea
FIRST CHARGE SENTENCE:
SECOND CHARGE:Forced Labor
SECOND CHARGE US/STATE CODE CITATION:18 U.S.C. § 1589
SECOND CHARGE VERDICT/PLEA:Guilty Plea
SECOND CHARGE SENTENCE:
THIRD CHARGE:Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor
THIRD CHARGE US/STATE CODE CITATION:18 U.S.C. § 1590
THIRD CHARGE VERDICT/PLEA:Guilty Plea
THIRD CHARGE SENTENCE:
FOURTH CHARGE:Aiding and Abetting Marriage Fraud
FOURTH CHARGE US/STATE CODE CITATION:8 U.S.C. § 1325(c)
FOURTH CHARGE VERDICT/PLEA:Guilty Plea
FOURTH CHARGE SENTENCE:
FIFTH CHARGE:
FIFTH CHARGE US/STATE CODE CITATION:
FIFTH CHARGE VERDICT/PLEA:
FIFTH CHARGE SENTENCE:
CORE TERMS:
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:3 months
RESTITUTION REQUIRED:$300,000
FINE IMPOSED:$100
FORFEITURE IMPOSED:$134,682 and property
FIRST CLAIM:
FIRST CLAIM US/STATE CODE CITATION:
FIRST CLAIM RESULT:
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:
SECOND CLAIM US/STATE CODE CITATION:
SECOND CLAIM RESULT:
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:
FOURTH CLAIM US/STATE CODE CITATION:
FOURTH CLAIM RESULT:
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:
FIFTH CLAIM US/STATE CODE CITATION:
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DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:
APPEAL:Yes
EXPLANATION OF APPEAL:Appealed Sentence
APPELLATE OPINION CITATION:2012 Pa. Commw. Unpub. Lexis 318
HOLDING OF APPEALS COURT:Affirm
APPEAL STILL PENDING?:No
SUMMARY:Defendant Lynda Dieu Phan plead guilty to forced labor, marriage fraud, and other related charges in 2010 after forcing two Vietnamese women to work in nail salons and enter into sham marriages. Phan recruited the victims by telling their families that they would pay for the women's immigration papers and travel to the U.S. in exchange for the women working in her nail salon. After arriving in the U.S., Phan forced the women to live in her home where they were made to sleep on the floor and cook and clean. Phan coerced the women into working long hours at the nail salon by withholding their documents and money, and threatening them with jail if they told anyone what was happening to them.
Approval Status:Approved
Approver Comments:
            
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