Four months after pleading guilty to two federal immigration fraud counts, former state representative Nathan Cooper will learn today whether he will spend time in prison.

Cooper will go before U.S. District Judge Jean C. Hamilton at 12:30 p.m. in St. Louis. The sentencing, delayed three times, will be the final action in the fall of an ambitious Republican politician and lawyer.

Cooper faces a fine of up to $500,000 and a potential sentence of 15 years in prison. At the time of his guilty plea Aug. 9, however, assistant federal prosecutor Jim Crowe and Cooper's attorney, Joel Schwartz, both said that under federal sentencing guidelines, Cooper is likely to receive 30 to 37 months in prison.

Hamilton could, if she wishes, place Cooper on probation. On Tuesday, Schwartz filed a response to the federal sentencing report on Cooper and entered another pleading with 32 letters to Hamilton on Cooper's behalf.

The contents of those letters, however, are sealed. Schwartz declined to comment Friday on who wrote letters on Cooper's behalf or what they were seeking on his behalf. He also declined to speak about what he expected today.

Judges of the Eastern District generally allow such letters to be filed under seal, Crowe said. "It is up to the court," he said. "Letters have traditionally been filed under seal. That is not the practice throughout the country, but it has been a practice in our court."

Cooper built his reputation as a lawyer on his practice of immigration law. According to federal court documents, immigration enforcement agents first revealed to Cooper that they were investigating his practices Nov. 29, 2005, during a visit to his law office. At that time, Cooper admitted that foreign truck drivers, many from New Zealand, were working for his clients using temporary work visas designed to aid industries needing large numbers of seasonal workers.

That information was part of an affidavit filed in a case against Omega "Meg" Paulite, a Philippine-born U.S. citizen who was charged in a separate case, since dropped, developed as part of the investigation of Cooper.

In his plea deal, Cooper admitted to charges that he set up two dummy companies to hide the true employers of the truck drivers, provided them with letters on his office letterhead claiming they were waiting for approved work visas and to purchasing visa approvals intended for workers in the hospitality industry.

Investigators opened the case in June 2004 -- two months before Cooper won the Republican primary for his first term as a state lawmaker -- based on tips received via fax and telephone.

Along with his criminal liability, Cooper agreed to a civil forfeiture of $50,000 based on an estimate of his earnings from clients that used the truck drivers he supplied with documents.

On the day of the guilty plea, Schwartz said many of Cooper's actions are open to interpretation under federal law. But much of what Cooper did crosses the line into criminal activity, Schwartz said. "On the big portion, there is no argument, there is no debate. It is very clear, for lack of a better term, that Nathan Cooper had committed illegal acts and on those points there is no debate."

If a prison term is imposed, Hamilton has the option of ordering Cooper into custody immediately today or turning his case over to the federal Bureau of Prisons, which will set a date and place for him to report for incarceration. Cooper has been free on his own recognizance since pleading guilty.

Cooper resigned his Missouri House seat Aug. 14. A special election will be held Feb. 5 pitting Democrat Mike Keefe, former Cape Girardeau postmaster, against Republican Mary Kasten, a former state representative, to fill the remainder of Cooper's term.

Cooper's license to practice law in Missouri courts was suspended Aug. 17 by the Missouri Supreme Court, and the federal courts followed suit soon afterward.

rkeller@semissourian.com

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