http://homelandsecuritynewswire.com/us-seeks-forfeiture-business-employing-illegal-aliens


U.S. seeks the forfeiture of a business employing illegal aliens

Published 10 May 2010

In the past, U.S. federal authorities have taken action against companies
that have knowingly hired illegal immigrants; punishments included fines and
jail time; now, in an unusual step, federal authorities are seeking the
forfeiture of an operating San Diego-area bakery

[image:
http://homelandsecuritynewswire.com/sites/default/files/imagecache/standard/NWS-Trafficking.jpg]

Owners arrested for hiring illegal immigrants // Source: islandpacket.com

Last December we reported that, for the first time in Arizona, a company
employing illegal immigrants had been punished for violating the law; the
company had its business license suspended for ten days and was put on a
3-year probation; the punishment was symbolic because the company was
already out of business (“A first: Arizona firm punished under hiring law,” 22
December 2009 
HSNW<http://homelandsecuritynewswire.com/first-arizona-firm-punished-under-hiring-law>
).

The U.S. federal authorities’ campaign against businesses employing illegal
aliens has nothing symbolic about it, as the feds have taken the unusual
step of seeking the forfeiture of an actual business that is suspected of
employing illegal aliens. The French Gourmet, a San Diego-area bakery, its
president, and a manager have been charged with conspiring to engage in a
pattern or practice of hiring and continuing to employee unauthorized
workers (a misdemeanor) in addition to fourteen felony counts, including
making false statements and shielding undocumented alien employees
from detection.

According to the indictment, the owner and managers certified on the firm’s
Employment Verification Forms (I-9) that the documents they examined
appeared to be genuine, and to the best of the their knowledge, the
employees listed on the I-9 were eligible to work in the United States. They
then place the workers on the company’s payroll and paid them by paycheck
until they received “No Match” letters from the Social Security
Administration (SSA) advising that the Social Security numbers being used by
the employees did not match the names of the rightful owners of those
numbers. The indictment goes on to allege that after receiving the “no
match” letters, the company conspired to pay the undocumented employees in
cash until the workers produced a new set of employment documents with
different Social Security numbers.

In May 2008 ICE agents executed a federal search warrant at the French
Gourmet and arrested eighteen undocumented workers. During the searches, ICE
agents seized employee and payroll records as evidence in the criminal case.


“Employers have a responsibility for maintaining the integrity of their
workforce,” said Mike Carney, acting special agent in charge for ICE Office
of Investigations in San Diego. “This indictment shows ICE’s commitment to
holding businesses accountable when they repeatedly ignore immigration laws
as it relates to their workforce. The goal of our enforcement effort is
two-fold, first to reduce the demand for illegal employment and, second, to
protect job opportunities for the nation’s lawful workforce.”

ICE has reported that in fiscal year 2009, worksite investigations resulted
in a total of 410 criminal arrests, including 114 management personnel.

James G. Aldrich of the Detroit-based law firm of Dickinson
Wright<http://www.dickinsonwright.com/%28X%281%29S%28fpfgeg45xkp5bgqpktpxlcra%29%29/index.aspx?AspxAutoDetectCookieSupport=1>
writes<http://www.mondaq.com/unitedstates/article.asp?articleid=99708&login=true&newsub=1>that
this was not an isolated event, and that ICE has recently taken
similar actions:

Missouri Roofing Company. On 3 February 2010, the owner of a Bolivar,
Missouri, roofing company was sentenced in federal court to forfeit more
than $180,000.00 and pay a $36,000.00 fine for knowingly hiring illegal
aliens following a worksite enforcement investigation conducted by ICE.

Russell D. Taylor pleaded guilty on 14 September 2009 to knowingly hiring,
contracting, and sub-contracting to hire illegal aliens from August 2006
through April 2008.

The court ordered Taylor to forfeit to the government $185,363.00, which
represented the amount of proceeds obtained as a result of the offense, and
to pay a fine of $36,000, representing a $3,000 fine for each of the twelve
illegal aliens who worked under company supervision. A company supervisor
also pleaded guilty in a separate but related case to harboring illegal
aliens. Taylor was also sentenced to serve five years of probation,
implement an employment-compliance plan and pay the $185,363 forfeiture
amount in monthly installments during the first 30 months of probation.

*Hanover, Maryland Restaurant*. On 16 February 2010 the owner of a Hanover,
Maryland, Chinese restaurant was arrested and charged with transporting,
employing and harboring illegal aliens.

The criminal complaint alleges that between January, 2009 and 4 February
2010, Yen Wan Cheng knowingly hired aliens who were not authorized to work
in the United States, transported the aliens to their jobs, and harbored
them in residences she provided. According to the criminal complaint, five
aliens were specifically identified during the investigation as working at
the restaurant and residing in a home Cheng owns in Columbia, Maryland.

She faces a maximum sentence of three years in prison for employing illegal
aliens and five years in prison each for transporting illegal aliens,
harboring aliens and harboring aliens for financial gain.

*Reno, Nevada Electronics Firm*. On 4 March 2010 the owner of a Reno,
Nevada, electronics manufacturing company was indicted by a federal grand
jury on six counts of encouraging illegal aliens to reside in the United
States and aiding and abetting.

According to the indictment, between March 2005 and May 2009, Hamid Ali
Zaidi, owner of Vital Systems Corporation, allegedly encouraged six illegal
aliens to work at his company and therefore to reside in the United States,
knowing that such residence was in violation of federal law.

If convicted, Zaidi faces up to five years in prison and a $250,000 fine on
each count.

*Baltimore, Maryland Restaurants*. On 11 March 2010 ICE agents in Baltimore
conducted enforcement operations at two Maryland restaurants, one office and
several residences as part of an ongoing investigation.

ICE agents arrested twenty-nine undocumented aliens for being unlawfully
present in the United States.

*Beaufort County South Carolina, Restaurants and Residences*. On 24 March
2010 ICE reported its agents and Beaufort, South Carolina, County Sheriff’s
Office ICE Task Force officers executed search warrants at two Jade Garden
Chinese restaurants in Bluffton, South Carolina, and several residences,
arresting 15 workers who are in the country illegally. The owner of the
restaurant, an ICE immigration fugitive, was also arrested.

The criminal investigation into this case is ongoing. The U.S. Attorney’s
Office will make a determination on whether federal criminal charges will
be pursued

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