ST. LOUIS • Robert Brake and the landscaping company that he owns have been indicted on one count of conspiracy to commit visa fraud for misusing the H-2B visa program, the U.S. Attorney's office said Friday.

Prosecutors say Brake and his company, Brake Landscaping & Lawncare Inc., "illegally sub-contracted H-2B (visa) workers to an associate" from March 2007 to February 2010, making a $2 an hour profit on each.

Brake also created a company, Brake Snow and Ice Removal, to illegally employ the workers year-round by creating the appearance of a need for seasonal workers, prosecutors said.

The H-2B visa program is designed for temporary, non-agricultural workers.

Brake and his company leased between nine and 30 employees a week in 2007 and between 25 and 49 workers a week in 2008, earning more than $136,000 in profit in those years alone, the indictment claims.

Brake, 33, of Byrnes Mill, could face up to five years in prison if convicted.

No one answered the phone Friday at the company, located at 3514 Gratiot Avenue, and Brake's lawyer could not be reached for comment.