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  1. #1
    Senior Member JohnDoe2's Avatar
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    Feds say Washington farm rehired illegal aliens

    April 23, 2012 7:30 PM

    Feds say Wash. farm rehired illegal immigrants

    SEATTLE — A Washington state herb farm that was forced to lay off more than 200 illegal immigrants because of a government audit rehired dozens of those workers, paid them cash and asked them to work at night because production began to drop, according to court documents filed Monday.

    HerbCo International Inc. now faces four federal criminal charges, including knowingly hiring illegal immigrants, and a $1 million fine.

    HerbCo's attorney, Geoffrey George Revelle, declined to comment on the pending case.

    The Duvall, Wash.-based company started as a single farm selling organic herb products in the Seattle area. It was bought by Ted Andrews, a former Nordstrom executive, in the early 1990s, and the company has grown nationwide with affiliates in five states and distribution in more than 2,700 stores.

    HerbCo operates from 150 acres in Duvall, and packaging is done on-site. Annual sales top $25 million.

    According to a sentencing memorandum filed Monday, U.S. Immigration and Customs Enforcement audited HerbCo's payroll in February 2011 after a 2009 anonymous tip saying the farm had workers who were illegally in the country. An ICE agent then notified HerbCo that 214 workers didn't have valid documentation.

    Following standard procedures, HerbCo officials fired all 214 workers. Expecting a labor shortage, the company hired the firm Labor Ready to fill in the vacancies with legal workers. But within days, company officials began to see production disrupted.

    "This packaging disruption caused immediate complaints from the HerbCo customers and threatened existing and future contracts. Time was of the essence in correcting this critical packing disruption," U.S. Assistant Attorney Don Reno wrote in the memorandum.

    General Manager Debra Howard then came up with the plan of rehiring 86 of the laid off workers, paid them cash and have them work at night — out of sight from the workers hired through the labor firm, court documents said.

    Howard withdrew about $40,000 in cash from a company bank account to pay the workers in cash put in envelopes.

    A HerbCo employee tipped authorities about the scheme, including taking pictures of the cash envelopes.

    In the past few years, ICE has targeted employers that hire illegal immigrants, serving audits to thousands of companies across the country.

    During an audit, ICE agents go through a company's I-9 employment eligibility verification forms and check Social Security numbers to make sure they're real, matching them against copies of other forms of identification.

    Under federal law, an employer is required to ask a worker for identification that shows they're legally in the United States. An employer can hire the worker if the documents look real upon a visual check.

    ICE spokesman Andrew Munoz declined to comment.

    Besides Andrews and Howard, HerbCo Vice President David Lykin also was charged. The three are due in court May 1 where they are expected to plead guilty and face sentencing. Prosecutors are recommending a $1 million fine.

    Feds say Wash. farm rehired illegal immigrants - CBS News
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  2. #2
    Senior Member JohnDoe2's Avatar
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    I.C.E. News Release

    May 1, 2012
    Seattle, WA

    Wash. herb grower fined $1 million for knowingly employing illegal aliens

    Company hired and concealed illegal workers while being audited by special agents

    SEATTLE — A Washington-based supplier of fresh organic herbs to nearly 2,700 grocers was sentenced Tuesday to $1 million in criminal fines and probation for hiring illegal aliens in a case spurred by a tip to U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

    In a plea agreement, HerbCo International, Inc., and three top executives admitted knowingly hiring illegal aliens at their Duvall packing facility in violation of the Immigration Reform and Control Act. The law requires employers to review documents from each worker they hire to verify they are legally present in the United States and authorized to be employed.

    The corporation pleaded guilty to felony offences and was sentenced to a fine of $1 million and five years' probation for harboring, concealing, shielding an illegal alien, and encouraging and inducing an illegal alien to reside. The executives, Edward Williamson "Ted" Andrews, III 58, of Seattle; David William Lykins Jr., vice president, 55, of Lake Stevens; and Debra Rae Howard, general manager, 56, of Woodinville, each pleaded guilty to a misdemeanor offence and were sentenced to one year probation for aiding and abetting a pattern or practice of employing illegal aliens.

    Court documents say HerbCo rehired illegal aliens for a secret night shift and paid them in cash to conceal their crime from law enforcement. Company executives did this after informing HSI that they had laid off all their illegal workers following an HSI audit of the company's I-9 employment eligibility verification forms.

    "In the midst of an I-9 administrative audit, HerbCo hired and concealed unauthorized workers," said Brad Bench, acting special agent in charge for HSI Seattle. "It was a brazen move that compelled us to initiate a criminal investigation. HSI is working to reduce the demand for illegal workers by targeting those who hire them. Businesses that engage in this unlawful practice should take note of the significant penalties and take proactive steps to comply with the law."

    HSI conducted a review of the company's I-9 employment eligibility verification forms in early 2011. The audit found significant discrepancies. Of the more than 300 forms reviewed, more than 200 were suspect. In April 2011, HSI notified HerbCo of the discrepancies. Within days of the government's notice, HerbCo laid off 86 employees who reportedly couldn't produce valid documentation proving their U.S. employment eligibility.

    HerbCo's officials told investigators their replacement labor didn't have the packing skills needed to keep pace with orders. To keep up with orders, HerbCo devised a plan to rehire about 25 of their most efficient workers who had been fired. They called them the "A-Team." The A-Team worked select nights from late April to early June 2011 during a secret night shift. They paid the workers in cash and ensured the "A-Team" worked after hours to avoid contact with the legal replacement workforce and avoid detection by HSI investigators. Company executives made about $40,000 in cash withdrawals from company accounts to compensate the illegal workers.

    "These company executives knew they were breaking the law. The secret night shift and the envelopes stuffed with cash are signs of illegal conduct that cannot be ignored," said U.S. Attorney Jenny A. Durkan. "Employers need to know there is a heavy price to pay – in this case a million dollars – for knowingly hiring those who are not authorized to work in the United States."

    HSI special agents and forensic auditors worked closely with the U.S. Attorney's Office for the Western District of Washington in the criminal prosecution of this case.

    Last fiscal year, employers nationwide were ordered to pay nearly $10.5 million in civil fines for hiring violations. In addition, criminal charges were filed against a record-breaking 221 owners, employers, managers and/or supervisors – up from 196 in fiscal year 2010.

    Officials say businesses can avoid facing these types of penalties by taking proactive steps to ensure their workforce is legal by making a good faith effort to verify employment eligibility.

    "Employers aren't expected to be forensic document experts, that's why E-Verify was created," said Bench. "It's a free and relatively easy way to authenticate employment eligibility over the Internet."

    E-Verify is an Internet-based system that compares information from an employee's I-9 employment eligibility verification form, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

    Bench says businesses around the country are participating in ICE's Mutual Agreement between Government and Employers (IMAGE) program. IMAGE participants volunteer for an I-9 audit, they receive training in I-9 compliance and documentation fraud detection, and commit to using E-Verify. Employers can find more information about IMAGE online at IMAGE.

    U.S. Immigration and Customs Enforcement (ICE) is the largest investigative arm of the Department of Homeland Security.

    ICE is a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities. For more information, visit U.S. Immigration and Customs Enforcement. To report suspicious activity, call 1-866-347-2423 or complete our tip form.

    U.S. Dept of Homeland Security

    Wash. herb grower fined $1 million for knowingly employing illegal aliens
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  3. #3
    Senior Member JohnDoe2's Avatar
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    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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