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The Koch Foods Raid: It Could Happen to You!

By Diane Adams

After the arrest of an estimated 160 suspected illegal workers at Koch Foods (a large poultry processing plant in southwest Ohio), the company is working feverishly to continue production at the affected plant. Along with the arrests, Immigration and Customs (ICE) agents also seized company documents and other information. It is possible that company officials, accused of “knowingly hiring illegal workers”, could also face arrest. It may be that for Koch Foods, as well as for many other businesses that have recently been embroiled by immigration raids, complying with the law as it now stands is no security against the lost revenue and public embarrassment that ICE raids engender.

 

In a press release concerning the August 28th raid, Koch Foods states that they do comply with current immigration law in respect to their hiring practices. “As part of our standard employment process, we require employees to provide documentation in accordance with the law, and we have implemented a program to audit this documentation”. The company goes on to claim that, “Additionally, we are in the process of implementing a company-wide program through the Department of Homeland Security verification system to ensure that all of our workers are fully documented and eligible to work.” p>

 

Although Koch Foods CFO Mark Kaminsky was not prepared to give an estimate as to what this raid may cost the company, in a similar raid earlier this year at Swift & Company (a large meatpacker) the estimated cost to the business was thirty million dollars. It seems certain that the loss of workers and the negative attention will impact the company significantly.

 

With promises from DHS and the Feds that ICE has every intention of increasing worksite raids, companies that follow all the rules may not be doing enough to avoid this type of trouble. We recommend that companies consider enrolling in the government’s free employee verification service, E-Verify, as a way to obtain some type of insurance in the current climate. “With enforcement activity stepped up, E-Verify participation is a good way to show a company’s intent to comply.”

 

For more information on E-Verify, or to discuss your companies’ risks with an expert in the field, call us at 888-522-6704.

 


 

Date

Company Involved

Industry

Summary

March 29, 2007

Tarrasco Steel

Construction

Employees suspected of using authorized Social Security numbers to obtain employment. 77 arrests were made, most of these Tarrasco workers. 10 face criminal charges regarding document fraud. The company is under ICE investigation.

March 29, 2007

Jones Industrial Network

Temporary Employment Agency

69 Jones employees or Jones' subcontractors' employees arrested pending investigation of their legal status. Jones' bank account seized by ICE. The company is under investigation by ICE.

March 28, 2007

Golden State Fence Company

Construction

Company execs sentenced for knowingly hiring illegal workers: Melvin Kay, 3 years probation and 180 days of home confinement, and a $200,000 fine. Michael McLaughlin, 3 years probation, with 180 days of home confinement, and a $100,000 fine. The corporation must forfeit $4.7 million of its proceeds.

March 9, 2007

Sun Drywall and Stucco, Inc.

Construction

Company president, and 7 other employees charged with knowingly hiring illegal workers and conspiring with counterfeit document vendors to obtain fraudulent work authorization cards for those employees, and harboring illegal aliens. A conviction for conspiracy to knowingly hire illegal aliens carries a maximum penalty of 6 months in prison in addition to other possible fines.  A conviction for conspiracy to harbor illegal aliens carries a maximum penalty of five years, a $250,000 fine, or both.

 

March 6, 2007

Janco Composites Inc.

Industrial Plant

36 suspected illegal workers arrested. The company is under investigation.

March 6, 2007

Michael Bianco, Inc.

Manufacturing

Company owner and 3 managers arrested on criminal charges related to knowingly hiring illegal workers. The investigation is ongoing.

March 2, 2007

Garcia Labor Companies

Temporary Employment Agency

Company president to 15 months in prison followed by two years of supervised release, fined $25,000.  His companies were required to forfeit $12 million. Garcia was also order to forfeit some of his property.

 

Date

Company Involved

Industry

Summary

1-31-07

Republic Waste and various subcontractors

Waste Management

ICE agents detained 52 suspected illegal immigrants at a Republic Waste facility in Humble, Texas, near Houston.   Republic maintains that the employees were hired by subcontractors.

ABC TV 13, Houston

1-24-07

Smithfield Foods, Inc.

Agriculture

Meat

 

Twenty-one suspected illegals were detained by ICE agents at the Tar Heel, NC,   plant. The Charlotte Observer

 

1-23-07

CleanPol

Janitorial

Domestic cleaning

Eleven Polish women were detained by ICE agents.  They are suspected of working illegally cleaning houses and businesses in the Chicago area.

ICE

1-18-07

Yu Hua Company, LLC

 

(Osaka Japanese Steakhouse)

Restaurant

(A Japanese Steakhouse)

Five illegals were detained back in August 2006.  The company pleaded guilty to harboring illegal aliens in Hot Springs, Arkansas.  A $45,000 fine has been recommended as part of a plea agreement.  ICE

1-11-07

Bee's Buffet

Restaurant

(Chinese)

The owner pleaded guilty to transporting, harboring, and inducing illegals to work in his restaurant in Fairfield, Ohio. He agreed to forfeit about $400,000 in cash and property. ICE

1-9-07

Pegasus Restaurant

Restaurant

Ten illegal aliens were arrested in this Chicago restaurant.  Agents received a tip about people using false Social Security and green cards.   ICE

 

Golden State Fence Execs Plead Guilty, May Face Jail Time

By: Colin Nicholson

 

On December 15, 2006, as part of a plea agreement in the United States District Court in the Southern District of California in San Diego, Golden State Fence Company, a prominent and well-respected fence manufacturer in Southern California pleaded guilty to the hiring of unauthorized alien workers.  

 

Mel Kay Jr., founder and president of the company, launched Golden State Fence Company in the early 1980s and has turned it into one of the most successful fencing companies in California with sales of $150 million in 2004.  A recommendation letter from the U.S. Army Corps of Engineers indicates that the Army Corps of Engineers has a “longstanding relationship” with Golden State Fence Company demonstrating an “impeccable” work record and “integrity.”  The company has been trusted to work on military bases including Vandenberg Air Force Base and Edwards Air Force Base as well as-ironically, constructing approximately one mile of border fence near San Diego in 1997; however, it is not clear if any unauthorized workers participated on that project. 

           

 In 1999, Immigration sent Golden State Fence Company a warning letter stating that at least 15 of its workers were unauthorized to work in the United States.    According to ICE, Golden State agreed to terminate these employees.  In September 2004, ICE concluded that at least 49 employees of Golden State were unauthorized to work in the U.S.  Three of those employees had been included in the 1999 list of illegal workers.  ICE continued to monitor Golden State Fence Company in 2005.  Its efforts culminated in the execution of search warrants in November of 2005.  The government discovered evidence that allegedly demonstrated that Golden State Fence Company, “engaged in a pattern of hiring illegal aliens.”  According to ICE, more than 10 workers who had been listed in notices in 1999 or 2004 were still working for the company and that hundreds of names and social security numbers provided by Golden State did not match. 

 

On December 15, 2006, the company, Mel Kay, and a manager, Michael McLaughlin pleaded guilty in federal court to hiring unauthorized alien workers.  The company agreed to pay a $4.7 million fine, which is close to the estimated profit that the company generated from hiring illegal workers.  Mel Kay and Michael McLaughlin agreed to pay $200,000 and $100,000 in fines respectively.   Significantly, as part of the plea agreement, Carol Lam, the federal prosecutor in the case, has recommended a sentence of 6 months for the two executives.  “This settlement and guilty plea clearly show that employers who knowingly and blatantly hire illegal workers will pay dearly for such transgressions," said Homeland Security Assistant Secretary for ICE Julie Myers.