http://www.chron.com/cs/CDA/ssistory.mp ... an/3239820

4 accused in smuggling scam must return to court
By HARVEY RICE
Copyright 2005 Houston Chronicle

Four family members came to court without attorneys today, forcing a federal judge to reschedule their arraignment on charges that they conspired to smuggle illegal immigrants to work in their restaurants.
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U.S. Magistrate Judge Stephen Smith rescheduled for Monday the arraignment of restaurant owner Hin Khai "Papa" Phu, 66; his son, Alan Phu, 41; his wife, Kiu Tai "Mama" Phu, 64; and his son's wife, Lisa Phu, 35.

Smith admonished the Phus, who are free on $50,000 bail each, for failing to hire lawyers before the hearing. Speaking in a Chinese dialect through a court interpreter, they said they had tried to find lawyers but needed more time.

As they left the courtroom, Assistant U.S. Attorney Michael Kusin responded to a question from a Phu family member, warning that they should hasten to hire an attorney because of the seriousness of the charges.

Hin Khai Phu and his son, who jointly own three Chinese Wok restaurants in Houston, are accused of conspiring with smugglers to bring undocumented workers from Mexico to work in their restaurants for sub-minimum wages.

A 19-count indictment unsealed Wednesday alleges that the Phus worked the immigrants 12 hours per day, six days per week for as little as 70 cents an hour. It also accuses them of forcing the workers to act as domestic servants on the seventh day.

The Phus are accused of restricting the workers to dormitory-like housing until they paid off the smuggling fee with wage deductions.

Assistant U.S. Attorney Nancy Herrera said such cases are difficult to prosecute because they rely on undocumented immigrants as witnesses.

Such cases "are often difficult because the illegal aliens themselves fear coming forward," Herrera said.

The U.S. Attorney's Office was able to secure the indictment only because of difficult work done by investigators, she said.

If convicted, the Phus face a maximum sentence of five years in prison and a $250,000 fine on the conspiracy charge, and 10 years in prison and a $250,000 fine on charges of harboring and concealing an undocumented immigrant for commercial advantage.

The father and son also face a maximum of 10 years if convicted of inducing a foreign national to enter the country illegally for financial gain, and three to 10 years on other smuggling charges.