Thread: Bakery Owner Who Hired Illegal Workers Given Probation, Fined

Bakery Owner Who Hired Illegal Workers Given Probation, Fined
Michael Malecot, Owner And President Of The French Gourmet Pleaded Guilty In October

10news.com
City News Service contributed to this report
UPDATED: 12:39 pm PST December 22, 2011

SAN DIEGO -- A Pacific Beach bakery owner who brazenly hired illegal immigrants for several years was sentenced Thursday and ordered to pay a hefty fine.

Michael Malecot, owner and president of The French Gourmet Inc., pleaded guilty Oct. 13 to a misdemeanor charge related to his practice of hiring and employing illegal immigrants, which he had been doing since 2003 even though he was fined by the Immigration and Naturalization Service in the 1990s for giving work to illegal immigrants.

He was sentenced to five years of probation and fined $386,000.

As Malecot admitted in his guilty plea, there was evidence proving that 91 illegal immigrants were employed unlawfully at the bakery on Turquoise Street.

Malecot also admitted to repeated acts of re-hiring illegal immigrants even after the company received "no-match" letters from the Social Security Administration notifying them that the employees' names did not match the Social Security numbers reported on tax returns.

http://www.10news.com/news/30055231/detail.html

San Diego restaurant owner fined for illegal hires

deseretnews.com
By Elliot Spagat,
Associated Press
Thursday, Dec. 22, 2011 2:20 p.m. MST

SAN DIEGO — A federal judge has fined the owner of a popular San Diego restaurant and bakery nearly $400,000 for employing illegal immigrants.

Michel Malecot of The French Gourmet was spared prison time Thursday and his fine was far below the $650,000 sought by federal prosecutors.

He apologized to the judge and said he's taken measures to prevent any more illegal hiring. He pleaded guilty earlier this year to a misdemeanor charge of continuing to employ illegal workers.

Authorities said 91 employees were illegally hired between 2005 and 2008.

The French Gourmet is a local institution known for its wedding cakes and its contributions to charity. The case drew attention from restaurant owners who rarely are prosecuted for illegal hiring.

http://www.deseretnews.com/article/7...ml?s_cid=rss-5

Bakery Owner Who Hired Illegal Workers Given Probation, Fined

Michael Malecot, Owner And President Of The French Gourmet Pleaded Guilty In October


POSTED: 7:59 am PST December 22, 2011
UPDATED: 4:42 pm PST December 22, 2011


SAN DIEGO -- The owner of a Pacific Beach bakery owner who continuously hired illegal migrants even though he had been fined by the federal government in the 1990s for doing the same thing was sentenced Thursday to five years probation and ordered to pay $386,000 in fines and forfeitures.

Michel Malecot, owner and president of The French Gourmet Inc., pleaded guilty Oct. 13 to a misdemeanor charge related to his practice of hiring and employing undocumented workers, which he had been doing since 2003 even though he was fined by the Immigration and Naturalization Service in the 1990s for giving work to illegal immigrants.

As Malecot admitted in his guilty plea, there was evidence proving that 91 illegal immigrants were employed unlawfully at the bakery on Turquoise Street between 2005 and 2008.Malecot also admitted to repeated acts of re-hiring undocumented workers even after the company received "no-match" letters from the Social Security Administration notifying them that the employees' names did not match the Social Security numbers reported on tax returns."I think it is a sufficient sentence to demonstrate that this can't just be the cost of doing business and there will be significant financial consequences for those companies,"

Assistant U.S. Attorney Rebecca Kanter said of Malecot's sentence and fine. Outside court, Malecot, soon to be 60, said he was "too soft" when some of his managers accepted paperwork from prospective workers who turned out to be in the United States illegally.French Gourmet Manager and Pastry Chef Richard Kauffmann, who pleaded guilty to a felony charge of hiring illegal immigrants, was sentenced to three years probation and fined $2,500.Malecot said the French Gourmet has lost some catering business because of the federal prosecution."It's not an excuse," Malecot said. "You know, I'm very relieved the whole deal is over and I'm also very confident because of the verifying we have been doing for quite awhile now."You know, it's very difficult for employers to be the judge of, (are) these real papers or not real papers?" Malecot told reporters. "As the owner, I have to assume responsibility for the company."M

alecot's attorney, Eugene Iredale, said federal prosecutors chose poorly when they decided to make an example out of Malecot.Iredale said Malecot was "too generous, too compassionate, to pull the trigger on people who had been working for him for five, or six or eight years, when he found out that they weren't documented or that the Social Security numbers that they had given did not in fact match the actual records in Washington.""I don't think it's fair to say that any particular defendant in this courthouse who's prosecuted is being made an example of," said Kanter. Malecot, who now employs 60 U.S. citizens, said he wasn't sure if his prosecution was meant as an example to other employers."They had to start somewhere," Malecot told reporters, noting that his high-profile business has won many awards and is involved in numerous charities in the community.

http://www.10news.com/news/30055231/detail.html

French bakery admits hiring illegal immigrants


December 22, 2011 | 4:41 pm

The owner and the manager of a French restaurant in San Diego were sentenced in federal court Thursday to serve probation and pay fines after pleading guilty to knowingly hiring undocumented immigrants.

Michel Malecot, 59, the owner of French Gourmet, was sentenced to five years probation and to be responsible for paying the restaurant’s penalty of $396,575.

Richard Kauffmann, 59, the manager, was sentenced to three years probation and ordered to pay $2,500 for his role in hiring the undocumented immigrants to work in the restaurant’s bakery and catering businesses.

U.S. Atty. Laura Duffy said the convictions and sentences should act as a warning to other businesses to not hire illegal immigrants.

“When employers do not comply, we will take vigorous enforcement action to ensure they do not profit from this illegal tactic,” Duffy said.

http://latimesblogs.latimes.com/lano...%28L.A.+Now%29

well
you should ride to nyc & Pa & see . I would not give them Probation at all

I.C.E. News Release

December 22, 2011
San Diego, CA

San Diego-area bakery owner, manager sentenced for employing illegal workers

Defendants fined nearly $400,000, including $10,000 in restitution for injured employee

SAN DIEGO – A La Jolla, Calif., bakery, along with its owner and manager, were sentenced in federal court Thursday on charges stemming from a four-year probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) that the business hired illegal alien workers.

U.S. District Judge Thomas J. Whelan ordered The French Gourmet, Inc. to forfeit $109,200 in illicit proceeds gained from the illegal hiring practices and pay $277,375 for its felony conviction of employing more than 10 illegal alien workers in a 12-month period.

The company owner and president Michel Malecot, 59, was sentenced to five years of supervised probation after pleading guilty earlier this year to knowingly employing numerous illegal alien workers over an extended period of time. Malecot was also held liable to pay the total financial penalty of $396,575.
In addition, Richard Kauffmann, 59, the bakery's manager who had also pleaded guilty to hiring illegal alien workers was sentenced to three years of supervised probation and fined $2,500 for his role in knowingly employing more than 10 undocumented aliens in a one-year period.

"This worksite investigation demonstrates our intent to hold businesses accountable when they repeatedly ignore immigration laws," said Derek Benner, special agent in charge for ICE HSI in San Diego. "Employers who knowingly hire unauthorized workers are not only contributing to the magnet that fuels illegal immigration, but their hiring practices have a negative impact on job opportunities for our nation's lawful workforce."

The French Gourmet has operated a restaurant, bakery and catering business for decades at 960 Turquoise St. in La Jolla. All three defendants pleaded guilty in October to having hired numerous illegal alien workers between 2005 and 2008, and continued to employ the unauthorized workers knowing the aliens did not have legal authority to work in the United States. The defendants further admitted to hiring and employing illegal alien workers continuously as early as 2003, despite being fined in the 1990s by the former Immigration and Naturalization Service (INS) for employing illegal aliens.

The pattern of illegal activity continued until May 2008 when agents from HSI searched the restaurant and arrested 18 illegal alien workers. The company and Kauffman admitted they repeatedly rehired illegal alien workers, even after the company received "no-match" letters from the Social Security Administration advising employees' names did not match the Social Security numbers reported by the company on its tax returns.

Malecot admitted that 91 illegal aliens were employed unlawfully at the French Gourmet between 2005 and 2008, and that he knew at least seven of those individuals were not authorized to work in the United States.

"The willingness of corporations to employ undocumented aliens acts as a magnet to draw illegal immigrants to the United States," said U.S. Attorney Laura Duffy. "Employers, like The French Gourmet, who hire and continue to employ undocumented aliens knowing they lack legal authorization to work in the United States undermine our nation's lawful immigration system. Today's conviction should remind all employers – including corporations, owners and upper management – that they are equally bound by this country's immigration laws and cannot simply disregard their legal obligations. When employers do not comply, we will take vigorous enforcement action to ensure they do not profit from this illegal tactic."

Criminal prosecutions are just one of many tools ICE HSI uses to reduce the demand for illegal employment and protect job opportunities for the nation's lawful workforce. That enforcement strategy also includes the expanded use of civil penalties, employer audits and debarment.

In fiscal year 2011, ICE criminally charged a record-breaking 221 owners, employers, managers and/or supervisors – up from 196 in fiscal year 2010. In addition, during fiscal year 2011, ICE HSI initiated audits involving 2,496 employers nationwide – surpassing the record number conducted in all of fiscal year 2010. That figure includes 83 businesses in the San Diego area. Likewise in fiscal year 2011, ICE issued 385 final fine notices totaling more than $10 million to employers across the country, again surpassing the record fine total in fiscal year 2010.


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 www.ICE.gov. To report suspicious activity, call 1-866-347-2423 or complete our tip form.

• U.S. Dept of Homeland Security

http://www.ice.gov/news/releases/111...22sandiego.htm

The company needs to have their operating license suspended along with heavy fines. Those who are in charge should also receive some time in jail as well. Probation should never be an option.

California Shop Owner Fined $400,000 for Hiring Undocumented

Published December 26, 2011
Fox News Latino

In a rare case of prosecutors going after a business for employing undocumented immigrants, a judge slapped the owner of a popular San Diego restaurant with a $400,000 fine for illegal hiring.
Michel Malecot, 59, was spared prison time and his fines and penalties were below the $650,000 sought by federal prosecutors.
Malecot, a naturalized U.S. citizen from France and a major donor to local charities, appeared to hire undocumented immigrants at The French Gourmet out of compassion rather than to take advantage of them, said U.S. District Judge Thomas Whelan, who also ordered five years of probation.

SUMMARYThe case has drawn attention from restaurant owners because criminal prosecutions of employers are fairly rare. Federal prosecutors face high burdens of proof to show that employers knowing hired undocumented immigrants.
The case has drawn attention from restaurant owners because criminal prosecutions of employers are fairly rare. Federal prosecutors face high burdens of proof to show that employers knowing hired undocumented immigrants.
Rebecca Kanter, an assistant U.S. attorney, urged a higher fine against Malecot to deter other employers from illegal hiring. The restaurant employed 91 undocumented immigrants over several years.
"This is the type of cost that can be absorbed," she said of the nearly $400,000 fine.
The prosecutor challenged the judge's assertion that Malecot acted out of compassion, saying he had a financial motive. Kanter said it would have been illogical for him to hire undocumented immigrants at the same wages and conditions of those legally allowed to work.
Eugene Iredale, Malecot's attorney, said the restaurant owner learned his employees were working illegally after he hired them and "couldn't pull the trigger to fire someone."
"His work has truly been dedicated to helping others," Iredale said.

This is the type of cost that can be absorbed.

- Rebecca Kanter, an assistant U.S. attorney, she said of the nearly $400,000 fine

Malecot, who pleaded guilty in October to a misdemeanor that carried a maximum penalty of six months in custody, apologized to the judge and said he took steps to avoid illegal hiring. The French Gourmet signed up for a program to verify the immigration status of new hires on a federal database.
Malecot's family, friends and employees packed the courtroom. A boyhood admirer of John Wayne, Malecot came to the United States as a young adult and found success in the restaurant business, opening his bistro in San Diego's Pacific Beach neighborhood in 1979.

http://latino.foxnews.com/latino/new...#ixzz1hfYvuH8Q

Now if all places get fined for hiring illegals we will really be getting somewhere. This is wonderful news!!

Well good for them . Come to nyc & pa we have lot more to go & then may be i will get a job