U.S. Customs And Border Protection Officer Charged With Bribery Offenses

United States Attorney for the Southern District of New York, Jay Clayton, and Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation ("FBI"), Christopher G. Raia, announced today the unsealing of a Complaint charging KEVIN SETO, a U.S. Customs and Border Protection Officer ("CBP"), and HIU KIT DAVID CHONG, a/k/a "Hk David," a former administrator at a private research university, in connection with a bribery scheme that involved SETO accepting bribes and gratuities from CHONG and others in exchange for disseminating confidential law enforcement and immigration information and providing special treatment while processing the entry of foreign nationals and other individuals into the United States at JFK Airport in Queens, New York. SETO was arrested yesterday afternoon and will be presented today before U.S. Magistrate Judge Gary Stein. CHONG was arrested this morning and will be presented later today in the Central District of California.

"New Yorkers trust and rely on the integrity of our U.S. Customs and Border Protection Officers, who are tasked with the critical mission of safeguarding and protecting our borders," said U.S. Attorney Jay Clayton. "As alleged, Kevin Seto breached that trust and jeopardized the safety of our borders by accepting bribes and gratuities from Hiu Kit David Chong and others in exchange for access to confidential law enforcement and immigration information and special treatment for foreign nationals and others entering the United States at JFK Airport. These charges highlight this Office's commitment to pursuing those, including members of law enforcement, who seek to profit by abusing their positions of public trust."

"Kevin Seto, a CBP officer, allegedly accepted bribes in exchange for providing others with confidential law enforcement information and expediting the entry process for various visitors, to include foreign nationals," said FBI Assistant Director in Charge Christopher G. Raia. "Seto's alleged participation exposed sensitive information to unauthorized recipients and leveraged his access to bypass travel regulations. The FBI will never tolerate any individual who abuses their authority to prioritize personal financial gain over the security of our country's borders."

According to the allegations in the Complaint unsealed today in Manhattan federal court:[1]

From at least in or about 2018 through at least in or about 2024, SETO, a CBP officer stationed at JFK International Airport, and Henry Yau, who was a Supervisory Detention and Deportation Officer with Immigration and Customs Enforcement ("ICE"),[2] participated in a scheme to obtain bribes and gratuities from friends and acquaintances in exchange for disseminating confidential law enforcement and immigration information and processing the entry of foreign nationals and other individuals into the United States. One of the individuals who paid bribes and gratuities to SETO and Yau in exchange for such benefits was CHONG, who was an Assistant Director in the Office of Graduate Admissions at a private research university based in Southern California ("University-1") between in or about September 2008 and in or around March 2016.[3]

For example, SETO and Yau disseminated confidential law enforcement and immigration information-from password-protected law enforcement databases to which they had access as law enforcement officers working within the United States Department of Homeland Security ("DHS")-to CHONG on multiple occasions, either relating to CHONG himself or foreign nationals that CHONG was seeking to assist with entry into the United States. The information that SETO and Yau disclosed to CHONG included confidential information regarding the status of a criminal investigation into CHONG. Additionally, SETO on multiple occasions facilitated the entry into the United States of CHONG or other individuals at CHONG's request at JFK Airport, following international travel, allowing CHONG and these other individuals to bypass long lines at passport control and take advantage of expedited screening.

In exchange for these benefits from SETO and Yau, CHONG provided a subsidized hotel suite and various goods to SETO and offered to pay cash to Yau. In addition to CHONG, SETO and Yau also improperly provided confidential law enforcement and immigration information and/or assistance with entry into the United States to a variety of other foreign nationals and United States citizens. On at least two occasions, SETO provided entry assistance to individuals for the explicit purpose of bypassing secondary inspections or the payment of applicable duties on goods that the individuals purchased abroad. In exchange for providing these benefits, SETO and Yau were offered, among other things, cash payments, dinners at expensive restaurants, and top-shelf bottles of alcohol.

* * *

SETO, 38, of Queens, New York, and CHONG, 41, of El Monte, California, are each charged with conspiracy to receive and accept bribes and gratuities, which carries a maximum sentence of five years in prison; conspiracy to convert government records and property and disclose agency records containing individually identifiable information, which carries a maximum sentence of one year in prison; and identity theft conspiracy, which carries a maximum sentence of 15 years in prison. SETO is also charged with obstruction of justice, which carries a maximum sentence of 20 years in prison; and making false statements to law enforcement, which carries a maximum sentence of five years in prison.

The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Clayton praised the outstanding investigative work of the FBI. Mr. Clayton also thanked CBP's Office of Professional Responsibility and the DHS Office of Inspector General for their assistance with the investigation.

This case is being handled by the Office's Public Corruption Unit and Violent Organizations & Crime Unit. Assistant U.S. Attorneys Andrew K. Chan, James Ligtenberg, and Ni Qian are in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.