Posted on: November 21, 2024 06:25 PM

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ICE supervisory deportation officer arrested for identity theft and disseminating confidential government records

Damian Williams, the United States Attorney for the Southern District of New York, and James E. Dennehy, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the arrest of HENRY YAU for charges in connection with a scheme to commit identity theft, convert government records, and disclose agency records containing individually identifiable information.  YAU was arrested this morning and will be presented today before U.S. Magistrate Judge Stewart D. Aaron.

From at least in or about 2017 through at least in or about 2023, YAU participated in schemes to disseminate confidential government information from law enforcement databases, including multiple databases maintained by ICE, CBP, and USCIS. YAU disseminated this confidential government information to friends and acquaintances for his own personal and financial gain.  In total, YAU improperly disseminated confidential government information relating to approximately 28 individuals, at least.  This information came from DHS databases, and YAU disclosed it without any apparent law enforcement purpose to at least approximately 12 non-law enforcement personnel, including, among others: Tommy Lin, a former Director of Constituent Services within the New York City Mayor’s Office[2]; a former candidate for New York City Council and New York State Assembly (“CC-1”); a former target of a fraud investigation being conducted by the FBI in California (“CC-2”); and a former business partner (“CC-3”).

Between in or about 2018 and in or about 2020, YAU agreed to and did disclose confidential information from law enforcement databases to CC-2 on multiple occasions, including information about whether CC-2 would be potentially arrested by law enforcement at the border when entering or leaving the U.S. In or about January 2020, YAU disclosed to CC-2 that CC-2 was being investigated by law enforcement agents in California.

YAU, 41, of New York, New York, is charged with one count of identity theft conspiracy, which carries a maximum sentence of 15 years in prison; four counts of conspiracy to convert government records and property and disclose agency records containing individually identifiable information, each of which carries a maximum sentence of one year in prison; one count of conversion of government records and property, which carries a maximum sentence of one year in prison; and one count of disclosure of agency records containing individually identifiable information, which carries a maximum sentence of one year in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Williams praised the investigative work of the FBI. Mr. Williams also thanked the DHS Office of Inspector General and the New York City Department of Investigation for their assistance in the investigation of this case. 

This case is being handled by the Office’s Violent & Organized Crime Unit. Assistant U.S. Attorneys Andrew K. Chan, James Ligtenberg, and Ni Qian are in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

From DOJ