Supreme Court skeptical of man who offered adult adoptions

State Bar & Other Associations

The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship.

Attorneys for Helaman Hansen told the justices during approximately 90 minutes of arguments that the law he was convicted of violating was too broad. But the court’s conservative majority in particular seemed willing to side with the government and conclude that it is not.

Justice Neil Gorsuch noted that the law “has been on the books for 70 years” without some of the issues Hansen’s lawyers worried about. He also expressed no sympathy for Hansen himself, who he said was “taking advantage of very vulnerable people.”

“He had every intent in the world to keep these people here to take their money with no prospect they’d ever” actually get citizenship, Gorsuch said.

The case involves a section of federal immigration law that says a person such as Hansen who “encourages or induces” a non-citizen to come to or remain in the United States illegally can be punished by up to five years in prison. That’s increased to up to 10 years if the person doing the encouraging is doing so for their own financial gain.

The federal government says that from 2012 to 2016 Hansen — who lived in Elk Grove, California, near Sacramento — deceived hundreds of non-citizens into believing that he could guarantee them a path to citizenship through adult adoption.

Based on Hansen’s promises, officials say, people either came to or stayed in the United States in violation of the law, even though Hansen knew that the adult adoptions he was arranging would not lead to citizenship. The government says at least 471 people paid him between $550 and $10,000 and that in total he collected more than $1.8 million.

Hansen was ultimately convicted of encouragement charges as well as fraud charges. He was sentenced to 10 years in prison for the encouragement charges and another 20 years on the fraud charges. But a federal appeals court ruled that the law on encouragement is overbroad and violates the free speech clause of the First Amendment and overturned just those convictions.

The court’s three liberal justices seemed more concerned about the reach of the law. Justice Elena Kagan asked “what happens to all the cases” where a lawyer, doctor, neighbor, friend or teacher “says to a non-citizen: ‘I really think you should stay.’” Kagan wanted to know whether those people could or would be prosecuted under the law.

Related listings

  • No-nonsense judge takes over FTX-Bankman-Fried criminal case

    No-nonsense judge takes over FTX-Bankman-Fried criminal case

    State Bar & Other Associations 12/27/2022

    A Manhattan federal judge known for swift decisions and a no-nonsense demeanor during three decades of overseeing numerous high-profile cases was assigned Tuesday to Sam Bankman-Fried’s cryptocurrency case.The case was relegated to Judge Lewis ...

  • Mississippi seeks to derail federal suits over mental health

    Mississippi seeks to derail federal suits over mental health

    State Bar & Other Associations 10/08/2022

    The U.S. Justice Department overreached in suing Mississippi over its mental health system, the state’s solicitor general has argued to a federal appeals court.A Justice Department attorney countered that there’s ample precedent to show t...

  • Biden taps Montana law professor to be 9th Circuit judge

    Biden taps Montana law professor to be 9th Circuit judge

    State Bar & Other Associations 09/02/2022

    President Joe Biden nominated has nominated a University of Montana law professor to be a judge on the 9th U.S. Circuit Court of Appeals.Anthony Johnstone is a former solicitor for the state of Montana who has taught at the University of Montana sinc...

Chicago Business Fraud Attorney

Business Fraud can take many forms. In the broadest terms, a fraud occurs when someone intentionally deceives others for personal gain. Many times business fraud is harmful and recovery is necessary. Losing your personal or business’s assets can devastate your entire life. Contact Roth Law Groupto receive help on restoring your business to normalcy before you were victimized with fraud. Business fraud cases can involve multiple people and complicated schemes aimed at deceiving the public, auditors, investigators, or others. Whether you are dealing with corporate fraud or commercial fraud, we can step in and fight back to receive compensation that you deserve.

At Roth Law Group we are devoted to prosecuting and defending the legal rights of individuals and small businesses, as either plaintiff or defendant. Proving fraud can be extremely difficult. To have a successful business fraud case, one must prove that the defendant purposefully set out to defraud the victim. Fraud cases are being investigated more aggressively than ever. With increasing federal regulation and scrutiny of corporate practises, many individuals and businesses find themselves the subject of business fraud investigations.

Business News

San Mateo, CA Intellectual Property Lawyers The Firm is well versed in intellectual property related matters, including disputes and transactions. >> read