Ellis George LLP obtained a significant victory for its client in the federal government’s first ever “birth tourism” criminal prosecution.
Ellis George’s client, Dongyuan Li, had pleaded guilty to two criminal counts earlier this year based on her role in operating You Win USA, a company that assisted pregnant Chinese nationals in coming to the United States to give birth. Although the government acknowledged that it is not unlawful for foreign nationals to come to the United States to give birth, the government alleged that You Win USA helped its clients lie on their visa applications to gain admittance to the United States. Ellis George’s white collar defense team, led by partner and former United States Attorney Tom O’Brien, defended Ms. Li in connection with her sentencing.
At sentencing, the government sought a sentence of 33 months imprisonment, arguing that her business involved hundreds of fraudulent visas applications and other documents. Ellis George argued that the government had not shown that there were more than seven visa applications that contained fraudulent statements and that involved You Win USA. Ellis George therefore requested a sentence of time served—less than one-third of the sentence that the government was seeking. United States District Judge James V. Selna agreed with Ellis George’s argument and sentenced Ms. Li to time served. Judge Selna also waived all fines.
“Today the government was asking for additional years in custody,” said Mr. O’Brien at a subsequent press conference. “We’re pleased and honored that Judge Selna listened to our arguments and agreed with us that 10 months is enough time for the offense she committed.” In contrast, the prosecutor told the assembled media “this was not the sentence we were expecting. It’s disappointing.”
Mr. O’Brien led the defense of Ms. Li with Ellis George partner Jennie Wang VonCannon, and associates David Carroll, Matthew Kussman, Nate Brown, and Luke Fiedler.
