Voice

July-August 2012

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BLOGOSPHERE E Company Atrium Companies (Champion Window and Advanced Containment Systems, Inc. (ACSI)) Date HerbCo International, Inc. May 2012 January 2012 University of California San Diego Medical Center January 2012 Aguila Farms, LLC Charge Knowingly hiring Knowingly hiring Discrimination in employment eligibility verification process November 2011 Knowingly hiring and aiding and abetting (owner) Harboring (company) YCL, Inc. (The Gateway Hotel) Farmland Foods, Inc. Howard Industries Hi-Tech Trucking, Inc. Catholic Healthcare West Abercrombie & Fitch Pilgrim's Pride Corp. Agriprocessors, Inc. October 2011 August 2011 February 2011 Conspiracy to smuggle, transport and/or harbor, money laundering and tax fraud (owner) Conspiracy to smuggle and harbor (company) Discrimination in employment eligibility verification process Conspiracy to conceal, harbor and shield November 2010 Hire and harbor illegal aliens October 2010 September 2010 18 months and two years' probation (owners) Discrimination in employment eligibility verification process Violations of obligation to verify employment eligibility of workers (technology-related deficiencies in I-9 verification system) December 2009 Hiring and employment of illegal aliens March 2009, June 2010 Aiding and abetting in harboring (supervisor); Bank fraud, false statements, money laundering (company) IFCO Systems December 2008 Hiring and employment of illegal aliens; Overtime violations; Conspiring to harbor illegal aliens (managers) 27 years in prison and five years' supervised release(former CEO); 23 months (supervisor); one year and one day in prison and two years' supervised release (manager); one year and one day in prison and two years' supervised release (manager); two years' probation (former human resources assistant) 16 managers and executives convicted; five sentenced to pay a fine and the remaining 11 await sentencing three years' probation (owners) five years' probation (company) 15 years (owner); Immigration Chatter Around the Web How Bad Can It Get? Penalties for Immigration Violations POSTED BY Christine Mehfoud mployer clients often ask, "What's the risk of not complying with immigration laws? So, I thought it might be helpful to look at some recent immigration-related penalties to illustrate what's at stake. Sentences for employers can range from up to six months in prison for knowingly hiring an illegal worker to 10 years for harboring one. Also, other charges and additional penalties can be tacked on for crimes, such as tax evasion, money laundering, bank fraud, and false statements. An employer must also consider asset forfeiture, debarment, and reinstatement requirements, and there is the indirect damage from lost productivity, attorney's fees, and negative publicity. To put these penalties in real terms, see these examples from recent cases: Prison Time Monetary Penalties $1,000,000 $2,000,000 forfeited funds (each company) $115,000 $2,000,000 in lieu of forfeiture (company) $234,000 fines (owners); $500,000 fine (company) five years' probation (company) More than $2,300,000 fine (owner); More than $481,000 restitution (owner); More than $870,000 money judgment (company); $5,000 fine (company) $290,400 $2,500,000 More than $1,200,000 forfeit and $100,000 fine $257,000 More than $1,000,000 $4,500,000 More than $26,000,000 restitution More than $20,000,000 Christine Mehfoud is a lawyer with McGuireWoods LLP, and maintains a blog on immigration enforcement issues via Subject to Inquiry. The author's views do not necessarily represent the views of AILA nor do they constitute legal advice or representation. JULY/AUGUST 2012 13

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