An ex-Army soldier was sentenced to three months in federal prison Thursday and must pay $202,309 in restitution after conspiring with a woman to evade U.S. immigration laws, enter into a fake marriage and steal federal benefits.
Andre Fulton II, 30, of Georgia, who joined the Army in 2014, was sentenced by U.S. District Judge Jill A. Otake for theft of government money. His prison term will be followed by three years of supervised release, and Fulton also was ordered to pay a $100 fine as part of a plea agreement he entered into May 30 with the U.S. Department of Justice.
In a letter to the court filed Sept. 20, Futon wrote that there “isn’t a day that goes by” that he doesn’t regret making “the biggest mistake” of his life.
“I’m sorry and I wish I could start over. … I wanted to be a soldier and I was proud to serve my country then I made the worst mistake of choosing greed instead of staying focused and my whole world has come to a stop,” Fulton said. “I’m so sorry. There isn’t a day I don’t cry and each day I try to make my life better.”
In return for Fulton’s guilty plea, the government agreed not to file charges against the defendant for knowingly making false statements on three occasions in August and September 2019 “for aiding and abetting visa fraud.”
“While the United States appropriately confers significant benefits upon our military personnel for their service, it does so with the understanding that such benefits will be not exploited or misused,” said U.S. Attorney Clare E. Connors in a news release. “Here, defendant Fulton exploited his position with the United States military to violate our immigration laws and defraud the government. We will hold those who abuse our laws and privileges accountable under the law.”
Assistant U.S. Attorney Darren W.K. Ching prosecuted the case.
Beginning in May 2019 and continuing until August 2023, Fulton did “knowingly and willfully embezzle, steal, purloin, and convert to his own use and the use of another” Department of Defense money, including the basic allowance for quarters, the variable housing allowance and cost-of-living adjustment payments with an aggregate value exceeding $1,000, “based on false claims that he was legitimately married” to a woman, identified as “Person A” in court documents filed April 30, and that the woman and her minor child were his dependents.
In January 2018, Fulton, while stationed at Fort Hood, Texas, entered into a fraudulent marriage. and the woman he conspired with filed an application for a change in immigration status based on her fraudulent marriage to the defendant.
Fulton admitted in his plea agreement that he “knew the purpose of the fraudulent marriage was to permit his co-conspirator who was not a U.S. citizen” to evade immigration laws and stay in the U.S. illegally.
In January 2022, Fulton admitted he paid the woman between $2,500 and $5,000 to get married.
Fulton told federal agents he “never lived with Person A, that Person A never lived in Hawaii, that he and Person A took photographs together to trick immigration authorities into believing their fraudulent marriage was legitimate, that he dated other people during the fraudulent marriage, and that the true purpose of the fraudulent marriage was for Person A to evade the immigration laws of the United States,” according to the plea agreement.
In May 2019 the Army transferred Fulton to Fort Shafter, and the woman and her daughter stayed on the mainland.
Fulton admitted he submitted paperwork in August and September 2019 falsely claiming “that his co-conspirator and her minor daughter were living with the defendant, in Hawaii, as his dependents.” If they were truly his dependents, he would have been entitled to additional money for medical coverage and housing and cost-of-living allowances.
The investigation was conducted by the U.S. Citizenship and Immigration Services, Fraud Detection and National Security Directorate; the Army’s Criminal Investigation Division; Defense Criminal Investigative Service; and Homeland Security Investigations.
“The successful prosecution of this case highlights the Department of the Army Criminal Investigation Division’s unwavering commitment to upholding the integrity of our military and ensuring those who violate the public’s trust are held accountable,” said Special Agent-in-Charge Ruben R. Santiago, Department of the Army Criminal Investigation Division’s Pacific Field Office, in the news release. “Engaging in fraudulent activities erodes confidence in our institutions and diverts funds and resources that should be dedicated to our nation’s defense.”
As a result of the Fulton’s “deceit, a non-citizen was able to maintain her status” in the United States, and the government paid out at least $202,039, including $166,071 in housing expenses, $30,214 in medical expenses and a cost-of-living adjustment of $5,754.
“HSI is committed to safeguarding the nation through protecting the integrity of our country’s immigration system,” said HSI’s Acting Special Agent in Charge Lucia Cabral-DeArmas in the release. “Through our partnerships with federal agencies, HSI ensures the benefits afforded to honorable service members are not abused.”
