PRC Citizen Sentenced for Conspiring to Transport Illegal Aliens to Guam

Saipan – Shawn Anderson, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announces that on March 15, 2024, Kun Gao, age 43, a citizen of the People’s Republic of China (PRC) was sentenced in the District of the Northern Mariana Islands for Conspiring to Transport Illegal Aliens, in violation of 8 U.S.C, §§ 1324 (a)(1)(A)(ii) and (v)(I).  The Court ordered 30 days in prison, one year of supervised release, and a $100 mandatory assessment fee.  Gao was also ordered to promptly return to the PRC after serving his sentence.  

In July 2023, Gao and nine other PRC nationals conspired with four Saipan residents to transport them from Saipan to Guam using a small, motorized boat.  Most of the PRC nationals had no lawful status to be in the CNMI, and none of them were authorized to go to Guam.  Their boat ran out of fuel near the island of Rota, which required a dangerous sea rescue by the U.S. Coast Guard Sector Guam.

At the sentencing hearing, Chief Judge Ramona V. Manglona agreed with the government’s argument that this type of crime needs additional deterrence.  The term of imprisonment imposed was therefore longer than those for past cases.

“Unlawful travel by foreign nationals from the CNMI to Guam is a recurring problem,” said U.S. Attorney Anderson.  “It is an abuse of CNMI parole provisions within our federal immigration system.  It also endangers the lives of those involved, in addition to government personnel who must frequently conduct rescues in adverse weather.  Our sentencing recommendations will continue to emphasize deterrence and public safety.”                

"We are committed to upholding the rule of law and ensuring the integrity of our borders. Today's sentencing sends a clear message that individuals who conspire to circumvent immigration laws will be held accountable for their actions,” said Special Agent in Charge John F. Tobon.

This case was investigated by Homeland Security Investigations, with assistance from United States Coast Guard Sector Guam. 

Assistant United States Attorney Eric S. O’Malley from the District of the Northern Mariana Islands prosecuted the case.