A supervisory law enforcement officer working in U.S. Immigration and Customs Enforcement (ICE), a federal agency under the Department of Homeland Security, was arrested for allegedly committing identity theft plus sharing confidential government records.

The defendant Henry Yau, 41, is a resident of New York.

He was charged with seven counts: Identity Theft Conspiracy; Conspiracy to Convert Records and Property of the United States and Disclose Agency Records Containing Individually Identifiable Information (four counts); Conversion of Records and Property of the United States; and Disclosure of Agency Records Containing Individually Identifiable Information.

In a public statement after the defendant’s arrest, United States Attorney for the Southern District of New York Damian Williams said that Henry Yau was arrested for his alleged “scheme to commit identity theft, convert government records, and disclose agency records containing individually identifiable information.” After his arrest, Mr. Yau was presented before U.S. Magistrate Judge Stewart D. Aaron.

As a supervisory law enforcement officer in the U.S. Customs and Immigration Enforcement area, Mr. Yau had access to documents including private, sensitive identity information. The FBI said Yau allegedly planned to convert government records and to “disclose agency records containing individually identifiable information.”

Court documents state that since Mr. Yau was an officer and employee of the agency, he “had possession of, and access to, agency records which contained individually identifiable information the disclosure of which was prohibited by Title 5, United States Code, Section 552a, and by rules and regulations established thereunder, and who knowing that disclosure of the specific material was so prohibited, would and did willfully disclose the material in a manner to a person and agency not entitled to receive it, in violation of Title 5, United States Code, Section 552a(i)(1).”

Legal documents list numerous alleged identity thefts, as shared with the FBI by co-conspirator Tommy Lin. Some of the alleged illegal acts included in court documents include Yau receiving photographs and photocopies from Lin of different individuals’ driver’s licenses to determine whether Yau could arrest the individuals for immigration violations. The complaint further alleges that Yau disclosed to Lin a copy of an ICE document containing personal information of one of the individuals. According to the complaint, Yau did in fact arrest that individual and transmitted copies of post-arrest photographs to Lin.

U.S. Attorney Williams described this breach of security as serious and said that Mr. Yau used secure government databases for his scheme.

“Henry Yau, a supervisory law enforcement officer within U.S. Customs and Immigration Enforcement, allegedly engaged in a years-long scheme to disseminate non-public and sensitive information from law enforcement databases to friends and acquaintances,” said U.S. Attorney Damian Williams in the public statement after the arrest of Mr. Yau. “Among other things, Yau allegedly tipped off an individual who was being investigated by the FBI; disclosed sensitive and non-public information from immigration and law enforcement databases; and, most egregiously, offered to use his authority as an ICE officer to arrest specific people at the request of, and as favors to, his friends.  As I have said before, public service is a privilege, not a right, and the career prosecutors of this Office and our law enforcement partners will never stop investigating those who seek to abuse that privilege.”

Mr. Yau, an ICE deportation officer, is accused of disclosing private, confidential law enforcement information to over 24 people, all unauthorized to receive the secure data. His motive, according to the FBI, was “personal and financial gain.”

FBI Assistant Director in Charge James E. Dennehy said that not only was Mr. Yau breaking the law, but also damaging the trust of the public’s right to privacy.

“Henry Yau, a supervisory ICE deportation officer, allegedly disclosed confidential law enforcement information of more than two dozen individuals to unauthorized recipients for personal and financial gain,” said Assistant Director Mr. Dennehy. “This alleged abuse of authority to satisfy unwarranted personal favors erodes the public's trust.  The FBI maintains its steadfast commitment to hold accountable all government officials who engage in unscrupulous behavior infringing on the privacy and rights of others.”

The legal case is being handled by the Office’s Violent & Organized Crime Unit.