06-30-04 -- Rackley, Otis L. -- Guilty Plea -- News Release

Former Immigration Agent Admits Taking Bribes in Alien Smuggling Scheme

NEWARK - A special operation inspector with the U.S. Customs and Border Protection agency (formerly the Immigration and Naturalization Service) pleaded guilty today to accepting a bribes in exchange for providing illegal aliens with immigration documents and passport stamps and smuggling Indian nationals into the United States through Newark Liberty International Airport, U.S. Attorney Christopher J. Christie announced.

Otis L. Rackley, 35, formerly of Perth Amboy, entered his guilty plea to a one-count Information before U.S. District Court Judge Dennis M. Cavanaugh, charging him with receiving bribes as a public official. The charge carries a maximum penalty of 15 years in prison and a fine of up to $250,000, according the Assistant U.S. Attorney Scott A. Resnik. Judge Cavanaugh scheduled sentencing for Oct. 4.

Rackley admitted during questioning in court that he received cash payments from an alien smuggler, known to him as "Meena," in exchange for escorting her alien clients past the immigration check-point at Newark Liberty and Baltimore International airports. Rackley further admitted that in return for cash he would supply illegal aliens with employment authorization cards and a variety of passport stamps to enable them to fraudulently live and work in the United States.

Rackley first appeared in court in December 2003 when he was charged in two Criminal Complaints. Judge Cavanaugh continued Rackley's bail pending sentencing.

In pleading guilty to an Information, a defendant waives the right to have charges presented to a grand jury for possible Indictment and the right to a trial. Instead, the defendant admits to charges presented in court by the government.

Christie credited Special Agents of the U.S. Immigration and Customs Enforcement Office of Professional Responsibility, under the direction of acting Special Agent in Charge Lee Wattenbarger; and Office of Investigations, under the direction of Special Agent in Charge Kyle Hutchins; and the Department of Homeland Security's Office of Inspector General, under the direction of Special Agent in Charge William E. Wess, with developing the case against Rackley.

The government is represented by Assistant U.S. Attorney Resnik of the U.S. Attorney's Office Special Prosecutions Division in Newark.

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Defense Counsel: Anthony Fusco, Jr. Passaic