Cedar Rapids man sentenced to 15 years for immigration fraud

CEDAR RAPIDS - A federal judge, who said Gervais 'Ken” Ngombwa actively participated in the 1994 Rwandan genocide, sentenced him Thursday to 15 years in prison for his conviction on immigration fraud charges.

U.S. District Judge Linda Reade said the case was difficult but there's 'no doubt in my mind that he actively participated and was a leader in MDR-Power,” a Hutu extremist political party that 'slaughtered” an estimated 800,000 Tutsi people.

Reade said she doesn't know how many lives Ngombwa is responsible for taking or how many others he transported to kill people, as evidence showed, so she is going to leave that punishment up to the Rwandan government.

Last May, Reade revoked Ngombwa's U.S. citizenship and canceled the naturalization certificate he had obtained in November 2004 after he was convicted.

Ngombwa, 56, of Cedar Rapids, is likely to be deported back to Rwanda after serving his federal prison term, according to court records. He was convicted in two Rwandan courts for genocide and crimes against humanity in 2011.

A federal jury convicted Ngombwa in January 2016 of unlawfully procuring or trying to procure naturalization or citizenship, procuring citizenship to which he was not entitled, conspiracy to unlawfully procure citizenship and making a materially false statement to agents of the Department of Homeland Security in U.S. District Court.

Reade dismissed one procuring charge because it merges with the other count.

Evidence at trial showed Ngombwa lied to authorities about family relationships in an attempt to get his application approved for relocation as a refugee in 1998 and to later obtain citizenship. Testimony also indicated that Ngombwa falsely claimed to be the brother of a former prime minister of Rwanda, who lives in exile in Belgium.

The defense disputed Ngombwa's participation in the genocide during trial and in other hearings. Ngombwa claimed he didn't understand interpreters and authorities at refugee camps.

Reade pointed out during sentencing an aggravating factor not accounted for in the guidelines is that Ngombwa is responsible for others - his wife, children and some other relatives - being admitted to the United States based on his false statements.

'He lied multiple times to gain access to the U.S., lied at trial to the jury and me, and continues to misrepresent himself at sentencing today,” Reade said.

Assistant U.S. Attorney Richard Murphy said they could pursue charges to revoke citizenship of his wife and adult children but had decided against it.

Reade also noted that Ngombwa is charged with arson and insurance fraud in Linn County District Court. Ngombwa is accused of intentionally setting fire to his Habitat for Humanity home in Cedar Rapids and submitting a false insurance claim for damages in 2013.

Ngombwa was set to plead guilty to those charges this month but the state may not pursue the case because of his federal sentence.

Reade ordered any sentence in the state courts to run consecutively to the 15 years in federal prison.

Murphy, in arguing for more prison time, said Ngombwa used political influence to shield himself and his family. His brother, convicted in a military trial in Rwanda, testified about going over to protect Ngombwa's family, while Ngombwa went out and killed people.

Ngombwa then fled the country with his family and 'hid the darkest secret that he participated in the genocide,” Murphy said, adding Ngombwa has never admitted guilt or remorse.

Ray Scheetz, Ngombwa's lawyer, said Ngombwa didn't kill anyone, wasn't a leader of MDR-Power and did not incite others to kill. He argued the prosecution didn't present witnesses who identified him in those crimes. Only Homeland Security Investigation agents testified about their interviews with those witnesses, he said.

Scheetz pointed out there were letters of support for Ngombwa submitted during the course of sentencing, which started in September. Friends and church members have known Ngombwa for 20 years and they know him to be good, kind, gentle and a hardworking person, Scheetz said.

Many of those friends and church members were in the courtroom Thursday.

Ngombwa, who was using an interpreter, didn't make a statement during sentencing, except to say, 'My lawyer has said everything.”

He waved and nodded to family members as U.S. Marshals led him out of the courtroom following the hearing.

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