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The marriage was a fraud, but was his guilty plea also?

Posted to: News Virginia Beach

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Brian Clark| The Virginian-Pilot



Mahmoud Saddam was sentenced to serve seven months; he now says he thought his nephew’s wedding was legitimate.(L. Todd Spencer | The Virginian-Pilot)


At issue locally
In Hampton Roads alone, there have been around 60 arrests for phony marriages, including many Navy sailors who entered into wedlock with Eastern European women in order to gain increased housing allowances.



For a word cloud of this story, go to HamptonRoads.com/blogs/what’s-word.


VIRGINIA BEACH

This is the last week for Mahmoud Saddam's Italian restaurant La Casa Della Pasta. No more fresh baked bread. No more pizzas and homemade pasta.

Next week, Saddam will check in at a federal prison in West Virginia to begin a seven-month sentence for helping his nephew arrange a phony marriage to get a green card.

Saddam, who emigrated from Tunisia 20 years ago, has lost not just a restaurant but his American dream. Despite pleading guilty and overwhelming evidence against him and his daughter, Aroua, both continue to maintain their innocence, saying they were forced to plead guilty.

"I don't have in my mind doing anything against the law," Saddam said earlier this week, in a thick North African accent. "All the time, that's what I hear, 'You have to plead guilty.' They scared me very good."

Federal prosecutors have taken a hard line on phony marriages. In Hampton Roads alone, there have been about 60 arrests, including many Navy sailors who entered into phony marriages with Eastern European women to gain increased housing allowances.

For Saddam, the problems began with the arrival in 2001 of his nephew, Riadh Saddem. (Saddam's brother spells his last name differently.)

Saddem arrived on a tourist visa that July, but when it expired on Oct. 20, 2001, he remained in the country as an illegal immigrant. He was 16.

About three years later, when Saddam opened La Casa Della Pasta in Larkspur Village on South Independence Boulevard, Saddem went to work in the kitchen. The restaurant received good reviews for its classic Italian dishes at reasonable prices. Tunisia's link to Italy goes back to ancient times.

Saddem's arrest in 2007 on a charge of being drunk and disorderly at the Oceanfront drew the attention of immigration agents. Saddam said he had to step in to help.

"He's part of my family," Saddam said. "I can't throw him out."

This is where Saddam's story slides away from what federal prosecutors say happened.

Saddem would have been deported, but his uncle urged him to marry a girl they knew in their neighborhood near Oceana. Saddam said he was advised to do this by an immigration lawyer, who would later be convicted in the case as well.

"The lawyer knows the law," he said. "I was just following the lawyer's advice."

Federal prosecutors say Saddam and Saddem first offered $20,000 to the girl's sister to marry, but then offered the girl, Tabitha Kreager Beaver, a house, a car and a job. Saddam advised his nephew to take a lot of pictures with the girl, buy her a ring and have a party "as if they were in a bona fide marriage," according to court filings.

Saddam and his daughter now say they actually thought the marriage was real. Saddem had spent many nights alone with Beaver in his bedroom in his uncle's house, and after the wedding on Sept. 10, 2007, she moved in.

"What they did behind closed doors was none of my business," said Aroua Saddam, who was 17 at the time.

By March 2008, Beaver's mother had gone to authorities to report the sham marriage, and Beaver began wearing a hidden microphone and camera to record incriminating conversations.

On one tape, Aroua is heard advising Beaver on how to act at immigration meetings and what answers to give in an attempt to show that she really loved Saddem. In one tape, Aroua offers a pedicure and manicure for Beaver's cooperation. Saddam was also recorded coaching his nephew on how to answer.

Aroua later signed a sworn affidavit attesting to the legitimacy of the marriage. She was ultimately convicted of filing a false statement and sentenced to five years of probation with four months of house arrest.

Her father pleaded guilty to a more serious conspiracy charge and was sentenced to seven months in prison. He is scheduled to surrender to a West Virginia federal prison Tuesday.

Court records say both Saddam and his daughter admitted that they knew the marriage between Saddem and Beaver was phony. They even received a sentence reduction for cooperating with authorities after they pleaded guilty.

But they now say they could not afford to take the case to trial. Saddam's defense attorney said in a court filing that Saddam's actions were purely out of "love and affection" for his nephew.

But prosecutors say his actions were more likely motivated by greed, calling Riadh Saddem essentially an indentured servant to his uncle.

"Riadh was a virtual slave who had no choice but to work in the defendant's restaurant for whatever wage the defendant decided," Assistant U.S. Attorney Joseph E. DePadilla said in a court filing.

Saddam's "behavior far exceeds the common crime of marriage fraud. This defendant created an entire conspiracy for commercial reasons," DePadilla wrote.

He also noted that Saddam employed two other illegal immigrants as waitresses, both of whom were also convicted of entering into phony marriages.

DePadilla and immigration officials declined to comment on this specific case.

Beaver could not be located this week. She was not living at any of the four addresses listed in public records for her and her mother.

As for the restaurant, Saddam said simply, "I'm going to leave the keys for the landlord.

"I feel very bad."

Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com



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anyone noticed

Anyone in the oceanfront area noticed the significantly less numbers of russian girls this year? Have anything to do with the increase in marriage and other types of fraud involved with these girls over the past few years? Even the hoochie-kootchie carwash chicks on 17th st look more local than usual.

I enjoyed eatting at there. Sad story.

The only good thing I read in this story is that our law enforcement and court system actually seemed to do what it is supposed to do - enforce our laws and punish those that break them. My family and I ate there 3 or 4 times for dinner. My family enjoyed our meals. The Libertarian Party used to meet there. I am sad to learn that the business owner is going to lose what he worked hard to acquire, but it appears that he knew he was trying to find a way to work around the law. What kind of respect is he showing towards his new country? He was allowed to move here, given opportunities, and was on the road to success. But he chose to try to scam the government and was caught. Now his daughter denigrates the United States for enforcing the law?

OH YEAH

If he was smart enough to open and run a successful restaurant he should have been smart enough to figure out what they were doing was illegal.

Interesting that they all claim they were duped into thinking America is the "land of opportunity"

It's the land of "criminal opportunities" for people who if they did the same thing in their country of origin would probably be sent away for 20 years or worse.

Do your time; that's the American way when you get caught committing a crime.

RE: Phony marriage deal

It is a shame that Mr. Saddam and his family did not realize the impact of their actions. They should have. Now they know that..in this age of terrorism...defrauding the system to gain entry into America is as serious as a heart attack. Americans would have a hard time being sympathetic since this is one of the methods used by government that is keeping us safe. Don't feel sorry for yourself and blame others. Own the fact that you screwed up, do your time...start again. We always need good bakers. Just have more of an appreciation for the safety and laws of America. People deserve another chance if they pay the price of incarceration. You can make it again.

No wonder...

My wife and I stopped going for food there about a year and a half ago...it seemed like the quality was going downhill...no wonder, with all of these troubles, how could you make decent food. Sorry to see it go.

Don: Justice is blind. Thank goodness.

"There are far worse things.....
Submitted by DonM on Sat, 06/13/2009 at 2:43 pm.
I've dined at this restaurant, and it is a neat place with good food at a fair price. It will be a shame to see it go. There are far worse things happening out there than arranging a wedding for his nephew. I just don't feel that he had any malice in helping his relative stay in the country. Its not like he was profiting or running a marriage ring

Don: Here is a new word for your vocabulary. It is called ABETTING. He aided and abetted someone to break a law of the United States. If you or I gave advice to someone how to rob a bank we would be considered accomplices to the crime. Why shouldn't this guy? Because his restaurant has wonderful food at reasonable prices? You can I don't get to pick and choose which laws we obey or break. Rules are in place for a reason. I'm not sure how new you are to the area but years ago the late father of Art and Stephen Sandler hid a very large amount of money from the IRS in his home at Wards Corner. Do you think he was allowed to get away with it just because of who he was? No. Don,you almost sound like there should be two sets of laws for everyone. If you like

Immigrated to the USA???

He did not Immigrate here he simply stayed after his Visa had expired and was then an Illegal Invader to OUR
country!

If the Law had been enforced he would not have been here to have had all of these problems.

7 Months for the fake wedding;Now how about Deportation.

One by one the Illegals must be removed!

The law is the law.

Clearly, the law has been broken. They should recieve a harsher sentence for employing illegals. If you think illegals only take jobs no one else wants to do, you have not seen what a decent waiter/hostess/server can bring home in tips. Hit all the restaurants. Deport, not support, criminals.

There are far worse things.....

I've dined at this restaurant, and it is a neat place with good food at a fair price. It will be a shame to see it go. There are far worse things happening out there than arranging a wedding for his nephew. I just don't feel that he had any malice in helping his relative stay in the country. Its not like he was profiting or running a marriage ring.

I guess...

I guess this man thought that illegal aliens were...ummm....not illegal? I am astonished that someone actually did something about a few illegals when the current NObama administration seeks to naturalize all illegals so that the US taxpayer can subsidize....er pay for them. I feel sorry for this man but I think he, and especially his daughter knowingly, broke serious laws and should pay the price. I also think that the daughter got off very easy. In listening to them talk, they portray this as no big deal and of course want to throw the dubious "muslim" card. I wonder when muslim Nobama will intervene.

Spelling Nazi

This very comment box that I'm typing into right now -- the same one you used to type your criticism (twice) -- flags restauranteur as misspelled. (Do you remember seeing that squiggly red line?)
Go to Google.com and type Define:restauranteur and the result will say Did you mean restaurateur?
Kindest regards,
Pb

What real purpose was served in sending this man to jail?

It would have been better to let him keep his restaurant, and fine the hell out of him, putting the money into a slush fund for our LEO's, Firefighters and Rescue Squads. Or, order him to provide free lunch for anyone in Virginia Beach with a badge, for a specified period of time. We should start thinking a little smarter. Jail is always the simple answer, but not necessarily the best answer.

On one hand, we cry that we have too many people in jail. On the other hand, we put hardworking people, who are a threat to no one, behind bars. It's boneheaded and shortsighted, pure and simple.

The only people I want to see incarcerated are those who pose a threat to physically harm someone besides themselves. No victim....no jail.

Oops!

Wish I had gotten to you sooner--you not only misspelled "restauranteur" on-line but it is splashed across the front page with a misspelling! Yikes!

Restaurateur v. Restauranteur

marym,

The Pilot spelled "restaurateur" correctly. Actually, "restauranteur" is the variant, or secondary spelling of the word.

"Nice Beaver"

Just wondering where Saddam got the money to open the restraunt.The U.S.Gov. perhaps,nevertheless this situation is not even the tip of the iceberg.Please continue to remove U.S.A poachers from my country.Thank you.

Spell chekin r gud!

Spelling police: instead of handing out snark, you might take your own advice.

>>res·tau·ra·teur (rěs'tər-ə-tûr')
n. The manager or owner of a restaurant.

[French, from restaurer, to restore; see restaurant.]<<

Immigrants who try to play the system

I loved the video with the daughter saying that America wasn't the land of opportunity that people think. It is if you abide by our laws. Unfortunately, there are many immigrants who learn the system and take advantage of it. This seems like one of those cases and I'm glad they will lose everything (though they probably won't because they probably snuffed our tax system as well). I hope when the prison term is over, they leave and go back to their country, telling everyone there that if you go to the USA, you better abide by the laws.

Tabitha

I don't see why she shouldn't get some bar time.

Two comments . . .

1) VP it is spelled "restauranteur" (no "rat" in the middle of it). Will you pay me to spell check for you? You need *someone* to do it?
2) This place had good food. Sorry it had to end this way!

Whah,whah ! I can't get my way !

In the video the girl said America is supposed to be the land of opportunity and now it's not. Does that sound like a spoiled child? She didn't get the opportunity to get away with fraud so she is going to bad mouth the United States? When her dad's jail sentence is up is she going to remain in this wicked nation?

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