Thread: Annapolis: Still No Charges From Job Raids Last June

Still no charges from job raids

Painting business owner free, moves to sell homes

By SCOTT DAUGHERTY, Staff Writer
Published 03/02/09

Eight months after federal agents arrested 46 suspected illegal immigrants during a raid of the Annapolis Painting Services offices and 15 area homes, prosecutors have filed no criminal charges in the case.

The investigation continues into whether Robert Bontempo Jr., the company's owner, harbored and employed illegal immigrants in violation of federal law, a spokesman for the U.S. Attorney's Office confirmed.

And the federal government still is trying to seize $4.7 million in cash, cars and homes belonging to Bontempo and his business - although those seizure proceedings are on hold pending the outcome of the criminal probe.

Meanwhile, Bontempo still is living in his $1.28 million home in Bay Ridge, and Annapolis Painting Services vans still are driving around town on their way to jobs.

The investigation's slow pace is aggravating some county officials and immigration watchdog groups.

"I am anxiously awaiting the federal government to move forward," said County Executive John R. Leopold, who championed the raids when they occurred June 30. He stressed prosecutors need to take more action against companies that hire illegal immigrants because they are hurting legitimate, taxpaying businesses.

"Those businesses that play by the rules ... are undercut by those that don't," he said.

"I think it is taking too long," added Brad Botwin with Help Save Maryland, a group whose goal is to eliminate the use of tax dollars for illegal immigrants.

Marcia Murphy, spokeswoman for the U.S. Attorney's Office, declined to explain the extended investigation.

Bontempo did not return calls for comment, and it is not clear who will represent him if criminal charges are filed. Leslie Hershfield, an attorney representing him in a civil matter, declined to comment.

About 50 county police officers helped 75 federal agents the morning of the raids. The agents arrested 46 people that day, saying all of them were in the country illegally.

"This will send a very strong signal that this administration, with the cooperation of ICE (Immigration and Customs Enforcement), will not tolerate the hiring of illegal immigrants in this county," Leopold said the day of the raids, while standing across the street from the painting company's building on Housley Road near Westfield Annapolis mall.

That day, Maryland U.S. Attorney Rod J. Rosenstein filed paperwork to seize 15 county homes, a 2004 Porsche Cayenne, a 2002 Mercedes Benz, eight GMC vans and $31,316.37 in cash belonging to Bontempo and his business.

The homes, including the one where Bontempo lives, are in the city, Bay Ridge and Davidsonville. According to state property records, assessments on the properties range from $111,000 to $1.28 million.

Agents raided some of the houses and arrested suspected illegal immigrants who were living in them, police said. Other homes were not involved in the June 30 raids.

The next month, on July 18, prosecutors asked to suspend the forfeiture hearings while federal agents continued their criminal investigation. A judge placed the seizures on hold the following week.

Murphy, the spokesman for the U.S. Attorney's Office, said prosecutors froze Bontempo's bank accounts and filed liens against the homes to make sure he cannot sell or give them away.

However, that apparently is not keeping him from trying.

Real estate agents posted "For Sale" signs earlier this month outside two of the homes the feds are after on Carrs Road, according to neighbors and a visual inspection by The Capital. A sign is also outside a third house Bontempo owns on Turner Road in the city, but prosecutors are not trying to seize that house.

Murphy said prosecutors know about the signs, but don't think Bontempo will be able to sell because of the pending liens.

"Our claim still stands," she said, declining further comment.

If the federal government succeeds in seizing the property, the county hopes to profit.

County officials filed court documents in August seeking some of the proceeds, and Murphy said county and state law enforcement officials stand to receive 80 percent of the seizures - after mortgages, liens and car loans are paid off. That money may be used to purchase equipment, she said.

The seizure proceedings are just one legacy of the Annapolis Painting Services raids.

CASA de Maryland, a Silver Spring-based advocacy group, is investigating the role county police played in the raids, after hearing numerous claims of racial profiling and illegal home invasions by officers. The group also wants to know how much the raids cost Maryland taxpayers.

CASA filed a lawsuit Oct. 29 against the county seeking documents regarding its involvement in the raids. That lawsuit is still pending.

A group of former employees filed another, separate lawsuit that month against Bontempo and Annapolis Painting Services, alleging the company violated federal and state wage laws by not paying overtime. The workers also allege the company made illegal deductions from employee paychecks, forcing them to pay for tools and materials.

Attorneys for Bontempo argued at a hearing last month that the lawsuit should be put on hold pending the outcome of the criminal investigation of their client. The judge did not immediately rule, said Melissa E. Crow, an attorney for the workers.

Justin Cox, a civil rights specialist with CASA, said of the 46 people arrested during the raids, most are out on bond awaiting hearings. He said some agreed to leave the country without a fight and four remain in federal custody in Texas.

Immigration continues to rise in the county and across the nation. Census figures show Anne Arundel's foreign-born population grew 32 percent, from 23,211 in 2000 to 30,748 in 2006.

Local economic development officials have said there are perhaps about 175,000 workers in Maryland illegally, representing about 6 percent of the workforce.

http://www.hometownannapolis.com/news/b ... .html?ne=1

Immigration continues to rise in the county and across the nation. Census figures show Anne Arundel's foreign-born population grew 32 percent, from 23,211 in 2000 to 30,748 in 2006.

What is wrong with going door to door businesses to deport all undocumented immigrants? Start with the food and restaurant, then the factories.