Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on June 30, 2009, before U.S. District Judge Sam E. Haddon, TIBOR THOMAS BANYAI, a native of Hungary and citizen of Canada, pled guilty to illegal re-entry of a previously deported alien. Sentencing is set for October 15, 2009. 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 March 14, 2009, BANYAI was encountered by U.S. Customs & Border Protection officers and was not in possession of any type of identification. He stated that he had been living and working in the United States since 2005.

A fingerprint analysis revealed that BANYAI had previously been deported and removed from the United States on March 8, 1985, and again on January 2, 1986.

A review of immigration records revealed no evidence that BANYAI ever requested or obtained permission from the Attorney General of the United States or his successor, the Secretary of the Department of Homeland Security, to apply for re-entry into the United States.

BANYAI faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.

Assistant U.S. Attorney Bryan R. Whittaker prosecuted the case for the United States.

The investigation was conducted by U.S. Customs and Border Protection.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

 

 

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