"How Bad Can It Get?" Recent Penalties for Immigration Violations
Clients often ask, “What’s the risk of not complying with immigration law?” In essence, what they’re asking is how much it will cost if they don’t get it right. So, I thought it might be helpful to look at some recent immigration-related penalties to illustrate what’s at stake.
The penalties will of course be fact-dependent, and, as you know, the good faith of the employer can have an enormous impact, but generally speaking, sentences for employers 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 like tax evasion, money laundering, bank fraud and false statements that stem from what began as an immigration-related investigation. Immigration violations also carry significant civil fines of up to $16,000 per worker.
But jail time and fines are not the only significant penalties. Asset forfeiture, debarment, and reinstatement requirements can also be added on, and there is also the indirect damage from lost productivity, attorneys’ fees and negative publicity.
To put these penalties in real terms, see these examples from recent cases:
|
Company
|
Date
|
Charge
|
Prison Time
|
Monetary Penalties
|
|
HerbCo International, Inc.
|
May 2012
|
Knowingly hiring
|
|
$1,000,000
|
|
Atrium Companies (Champion Window and Advanced Containment Systems, Inc. (ACSI))
|
January 2012
|
Knowingly hiring
|
|
$2,000,000
forfeited funds
|
|
University of California San Diego Medical Center
|
January 2012
|
Discrimination in employment eligibility verification process
|
|
$115,000
|
|
Aguila Farms, LLC
|
November 2011
|
Knowingly hiring and aiding and abetting (owner)
Harboring (company)
|
3 years probation (owners)
5 years probation (company)
|
$2,000,000 forfeited funds (company)
$234,000 fines (owners)
$500,000 fine (company)
|
|
YCL, Inc. (The Gateway Hotel)
|
October 2011
|
Conspiracy to smuggle, transport and/or harbor, money laundering and tax fraud (owner)
Conspiracy to smuggle and harbor (company)
|
15 years (owner)
5 years probation (company)
|
Over $2,300,000 fine (owner)
Over $480,000 restitution (owner)
Over $870,000 money judgment (company)
$5,000 fine (company)
|
|
Farmland Foods
|
August 2011
|
Discrimination in employment eligibility verification process
|
|
$290,400
|
|
Howard Industries
|
February 2011
|
Conspiracy to conceal, harbor and shield
|
|
$2,500,000
|
|
Hi-Tech Trucking
|
November 2010
|
Hire and harbor illegal aliens
|
18 months (owners)
2 years probation (owners)
|
Over $1,200,000 forfeit and $100,000 fine
|
|
Catholic Healthcare West
|
October 2010
|
Discrimination in employment eligibility verification process
|
|
$257,000
|
|
Abercrombie & Fitch
|
September 2010
|
Violations of obligation to verify employment eligibility of workers (technology-related deficiencies in I-9 verification system)
|
|
$1,000,000
|
|
Pilgrim’s Pride
|
December 2009
|
Hiring and employment of illegal aliens
|
|
$4,500,000
|
|
Agriprocessors
|
June 2010
March 2009
|
Aiding and abetting in harboring (supervisor)
Bank fraud, false statements, money laundering (company)
|
27 years (former CEO)
23 months (supervisor)
1 year + 2 years supervised release (manager)
2 years probation (manager)
|
$26,000,000 restitution
|
|
IFCO Systems
|
December 2008
|
Hiring and employment of illegal aliens; Overtime violations;
Conspiring to harbor illegal aliens (managers)
|
16 managers and executives convicted; 5 sentenced to pay a fine and the remaining 11 await sentencing
|
Over $20,000,000
|
This post originally appeared on May 7 at Subject to Inquiry
About The Author
Christine Mehfoud focuses her practice on representing and advising businesses and individuals in the area of white collar criminal defense and internal corporate investigations. She advises clients facing investigations and enforcement actions by various state and federal government agencies, including the U.S. Department of Justice and the U.S. Department of Homeland Security.
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
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