FOR IMMEDIATE RELEASE
Wednesday, March 26, 2008
SHAWN CHOY PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on March 26, 2008, before U.S. District Judge Sam E. Haddon, SHAWN CHOY, a 34-year-old resident of Toronto, Ontario, and Guyana, pled guilty.
CHOY pled guilty to conspiracy to bringing an illegal alien into the United States and illegal entry without inspection. CHOY'S sentencing is set for July 10, 2008. He is currently detained.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On December 16, 2007, a Waterton National Park warden was on vehicle patrol on the Chief Mountain Highway in Waterton Park, near Chief Mountain Port of Entry on the Canada-United States international boundary. While on patrol, the warden observed a white truck with a white canopy bearing Ontario license plates parked idling near the Belly River Bridge. When the warden approached the Belly River Bridge gate, he noted vehicle tracks which bypassed the bridge and gate and continued over the frozen river.
The warden followed the tracks and met up with an oncoming vehicle. The vehicle was a red Ford Ranger pickup truck driven by Connor Kriekle, with David Choy as a passenger. After speaking with Kriekle and David Choy, the warden released them. He called for assistance from another warden. This warden continued to follow the vehicle's tracks toward the closed Chief Mountain Port of Entry. He followed the tracks to where they terminated where he noted a single set of footprints in the snow beginning in Canada and proceeding into the United States. This information was forwarded to the Glacier National Park law enforcement in the United States.
At approximately 3:00 p.m. on December 16, 2007, Kriekle and David Choy arrived in the red Ford Ranger pickup truck at the Piegan Port of Entry. Both men applied for admission into the United States. Kriekle was the driver and David Choy was the passenger. During the inspection process, a U.S. Customs and Border Protection officer asked both men the purpose of their entry into the United States. Both stated that they were going to Glacier National Park to "hang out" and planned to stay overnight. Given the time of year (winter) and Glacier National Park's roads being closed to traffic and knowing that no lodging was available, the officer referred the vehicle for secondary inspection.
During secondary inspection of the vehicle, officers found a Guyana passport issued to SHAWN CHOY, as well as a wallet with a New York state identification card, an Alberta driver's license, an Ontario driver's license, and several bank cards belonging to SHAWN CHOY. In addition, a Rhino GPS with a two-way radio function was found.
While the CBP officers were engaged in secondary inspection, they learned about the Waterton National Park wardens' encounter with Kriekle and David Choy. The officers became suspicious that Kriekle and David Choy had dropped SHAWN CHOY at the United States border and planned to pick him up inside the United States. CBP contacted the U.S. Border Patrol, and land and air units were called to search the area.
A U.S. Border Patrol agent was dispatched and immediately headed by four-wheel-drive vehicle to the area indicated by the Waterton National Park wardens. The agent arrived at the Glacier Park Boundary gate at approximately 4:30 p.m. and reported seeing fresh foot prints in the snow indicating that someone on foot had recently crossed going southbound into the United States.
At approximately 6:00 p.m., SHAWN CHOY had still not been located. Port officers became concerned for his safety due to dropping temperatures with nightfall. Officers confronted David Choy and he finally admitted that he and Kriekle had dropped SHAWN CHOY on the Canadian side of the Chief Mountain POE. After crossing into the United States, David Choy and Kriekle were to pick him up on Hwy 17. David Choy stated he could probably get SHAWN CHOY to answer the Rhino Radio and turn himself in. Officers drove David Choy to the area of Hwy 17 where he made several attempts to contact SHAWN CHOY without success.
About the same time, Kriekle informed an officer that another vehicle driven by Stephen Cheong had passed through the port of entry shortly after he and David Choy had arrived. Kriekle provided this information well after an officer had been to the area of illegal entry and not found SHAWN CHOY. Kriekle stated that Cheong was driving a white Toyota Tundra pick-up truck with a camper shell. CBP officers checked the lane crossings for the day and confirmed that a white Toyota Tundra driven by Cheong had been admitted into the United States at approximately 3:07 p.m., within a short time after Kriekle and David Choy had arrived for inspection, and that it was probable that Cheong had seen the two younger men diverted to secondary inspection.
Agents with the U.S. Immigration and Customs Enforcement (ICE) in Kalispell were notified of the events of the day. The ICE agents responded to the Port of Piegan and were advised that CBP officers that they had earlier asked David Choy to make a call to Cheong via his cell phone. David Choy had asked Cheong if he had picked up SHAWN CHOY. Cheong confirmed that he had picked up SHAWN CHOY who was with him at the time, that they were "far in," and hung up the phone. Efforts to find SHAWN CHOY in the immediate area at that time ceased. CBP officers contacted the Glacier County Sheriff's Office who issued a lookout for the vehicle and occupants.
When interviewed, David Choy admitted he knew SHAWN CHOY was an alien and that he had illegally entered the United States from Canada as part of plan that included SHAWN CHOY, Cheong, Kriekle and himself. David Choy stated he had enlisted Kriekle'S assistance because the latter owned a four wheel drive pickup truck. Kriekle was to be compensated for use of his pickup. SHAWN CHOY planned to go Florida to purchase used heavy equipment to ship to Guyana to begin a business. David Choy also told agents that he had borrowed $20,000 and invested the money with SHAWN CHOY in the Guyana business.
When interviewed, Kriekle recounted substantially the same facts and admitted to assisting SHAWN CHOY to cross the border.
On December 18, 2007, in Columbus, Ohio, a police officer stopped the white Tundra occupied by Cheong and SHAWN CHOY. Cheong and SHAWN CHOY were arrested and transported back to Montana.
When interviewed, Cheong confessed to being part of the plan to bring SHAWN CHOY to the United States border for his unlawful entry into the United States. Cheong had driven SHAWN CHOY from Calgary the morning of December and had picked up SHAWN CHOY inside the United States south of the drop point in Canada. Cheong further admitted that he knew that SHAWN CHOY was an alien and not legally able to enter the United States. Cheong stated he had seen two sets of law enforcement pass his vehicle on the Glacier Park Highway 17 after he had picked up SHAWN CHOY. Cheong admitted to knowing that law enforcement was "on to them" when David Choy had made the late evening call to his cell phone.
When questioned, SHAWN CHOY admitted to enlisting David Choy, Kriekle, and Cheong in a "mission." SHAWN CHOY admitted to no legal status in Canada or the United States. He had entered the United States on a visitor's visa in 1999, then worked illegally for about two years. He met a Canadian woman and moved to Ontario, Canada. The marriage failed and SHAWN CHOY decided to return to Guyana and see his mother in New Jersey. He stated he knew he could not enter the United States legally so he planned the "great escape" and purchased map books of the border. He talked Cheong, David Choy and Kriekle into helping him. SHAWN CHOY admitted crossing the border west of the closed Port of Chief Mountain and drew a map of the area and his travel.
SHAWN CHOY faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
David Choy, Kriekle, and Cheong pled guilty to federal charges and are awaiting sentencing.
Assistant U.S. Attorney Elizabeth A. Horsman prosecuted the case for the United States.
The investigation was a cooperative effort between the U.S. Customs and Border Protection (CBP), the U.S. Immigration and Customs Enforcement, and the Waterton National Park and Glacier National Park authorities.
# # # #
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
