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12-20-2006, 09:31 AM #1
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Couple sentenced for hiring illegals
http://www.courier-journal.com/apps/pbc ... 00520/1008
Couple sentenced for hiring illegals
Each gets 3 months; man to go to prison
By Kay Stewart
kstewart@courier-journal.com
The Courier-Journal
A married couple who "embody the American dream" were sentenced yesterday for hiring illegal immigrants to work at their Jumbo Buffet restaurant in Jeffersontown.
Juan Bin Yeung, 34, received three months of home incarceration, and her husband, Hau Yeung, 34, was sentenced to three months in prison after they admitted to hiring 13 illegal immigrants between February 2005 and February 2006.
"These are hardworking people who in many respects embody the American dream," Chief U.S. District Judge John Heyburn II said before imposing punishment.
He opted for a punishment that he said wouldn't destroy the Yeungs' family or business, while sending a message that the nation's immigration laws must be respected.
In a similar case pending in Louisville, Heyburn yesterday accepted a guilty plea from Jian Chai Lin, 35, to a charge of knowingly hiring 10 illegal immigrants over the past year to work at his Radcliff restaurant, Golden China Buffet. As part of a plea agreement, Lin forfeited $42,788 from a restaurant bank account.
Heyburn sentenced Lin's brother, Jian Tian Lin, 32, to six months, time he had already served, on Monday after he pleaded guilty to hiring illegal aliens at his brother's restaurant.
The investigation into the Lins, who are in the country illegally, began after U.S. Immigration and Customs Enforcement received a tip in May 2003 that Chinese nationals were being transported by bus and van to restaurants in the Louisville area, according to court records.
Federal immigration officers began investigating the Yeungs after a Louisville Metro Police officer reported in January 2005 seeing a van transporting workers to the Jumbo Buffet restaurant.
Kinnicutt said there was no evidence in either of the cases that illegal workers were mistreated or grossly underpaid. Deportation proceedings will be undertaken against the illegal workers, most of whom are Chinese, at both restaurants, he said.
Kinnicutt said the Yeungs cooperated with immigration officials who are investigating agencies in cities such as New York, Chicago and Atlanta that place illegal workers with employers around the country.
At one point, O'Brien told the judge that it's "awfully strange to me" that the agencies that solicited the Yeungs with illegal workers are still operating, "providing a fountain of illegal aliens."
Kinnicutt told the judge that operators of such agencies "are all under investigation" but move frequently and are difficult to apprehend.
Hau Yeung and his wife each pleaded for no jail time.
He said his ailing 60-year-old mother, who takes care of their 9-year-old and 2-year-old children while they work seven days a week, would be unable to manage without them. His father died last year.
Finding employees who are willing to work for a long time is difficult, Hau Yeung told the judge, and he said he and his wife employed a service to provide them with workers.
Heyburn asked whether he knew they were illegal immigrants, and Yeung responded that they were in a desperate situation. "We just trusted these people," he said.
Juan Bin Yeung told the judge that what they did was wrong, but said: "We want to stay together as a family" and "a lot of restaurant owners will learn from our mistake."
Heyburn ordered two years of supervised release following their incarceration and imposed a $7,500 fine. They also will forfeit $32,435 from a restaurant bank account.
Juan Bin said after the sentencing that she wants to sell the business and that it will be difficult to survive given their punishment.
She wouldn't comment further.
They will begin serving their sentences at a time to be determined by the U.S. Bureau of Prisons, under Heyburn's sentencing order.
Reporter Kay Stewart can be reached at (502) 582-4114.
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12-20-2006, 09:43 AM #2
It's a good start but the fines must be a set percentage of the businesses income. That way it is consistent and has some impact and discourages others from doing the same.
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12-20-2006, 10:18 AM #3
Somebody please tell me why this people get this kind of fine, and Swift Food walks away with no fine!
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12-20-2006, 10:39 AM #4
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But Cheyenne, don't you understand? The judge is sending the message that our immigration laws MUST BE RESPECTED! Tiny fines and minimal jail time, even house arrest, are clearly worthy punishment for those that blatantly break a federal law that costs taxpayer's dollars. I'm sure this family of criminals...I mean...promoters of the American dream have learned their lesson!
THE POOR ILLEGAL IMMIGRANT IN MY AVATAR CROSSED OVER THE WRONG BORDER FENCE!!!
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12-20-2006, 10:58 AM #5
The difference is because one is a small employer of illegals and the other one is a big company with lots of lawyers on standby. Swift could fight it easily while the little guy can't so he gets fined.
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12-20-2006, 11:01 AM #6Originally Posted by TyRANTosaur
What's got me annoyed is that about 1300 workers were pulled from the Swift factories but THERE WERE NO FINES. In order to be fair, Swift should have been fined the same as these Asian people - about $3,000.00 per illegal. That would have resulted in about $3.9 million that could have been used toward building a border fence.
Why do those that hire Asian illegals have to pay a higher fine than those who hire Hispanic illegals? Can we say MEGA double-standard?
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12-20-2006, 11:15 AM #7
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Swatchick hit it right on the head. Swift is a big company. They can fight charges. I don't think they are completely out of the woods yet. They could still have some problems. It is gross that they are, as of right now, getting away with their crime. I know they are being sued by former employees of the Cactus, TX plant, but I don't know if the ex-employees will win.
THE POOR ILLEGAL IMMIGRANT IN MY AVATAR CROSSED OVER THE WRONG BORDER FENCE!!!
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12-20-2006, 12:08 PM #8
I think those employees have a good chance of winning. People have been fired for the same thing before so it is nothing new. What they have in their favor is that they ended up hiring illegals and probably paying them less. This is what makes it even more in favor for the workers.
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12-20-2006, 12:30 PM #9
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The answer is who donates more to Congressman ?
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12-21-2006, 12:28 AM #10
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I hope they win. It will be an important victory for the good guys. It will send a message to companies like Swift, I hope.
THE POOR ILLEGAL IMMIGRANT IN MY AVATAR CROSSED OVER THE WRONG BORDER FENCE!!!
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