Thread: Illegals’ Employers Meet RICO

Illegals’ Employers Meet RICO Doomsday Machine
By James Fulford

We reported in December that Chicago lawyer Howard Foster had filed a class action against Colin Service Systems, employers of illegal immigrants, on behalf of honest employers, who don’t. Foster has now filed two class actions on behalf of native-born workers (and legal immigrants) against employers who have apparently conspired to hire illegal immigrants on a massive scale.

[b]Tyson Foods, and IBP, a subsidiary of Tyson, are being sued by Foster on behalf of

“[A]ll persons legally authorized to be employed in the United States (“U.S.â€

this tactic has had success for the aclu, if done on a large enough scale it could be very successful.

THE LAWSUIT IN PART:

IV. STATEMENT OF OPERATIVE FACTS
A. The Illegal Immigrant Hiring Scheme: Years of Racketeering Activity

16. For at least the last several years, Tyson, which claims to be the world’s largest processor and marketer of poultry and employs over 120,000 workers, has aggressively engaged in an effort to reduce labor costs by driving down employee wages. Its primary strategy for doing so is the knowing employment of undocumented, illegal immigrants for unskilled positions in its processing facilities.

17. Illegal immigrants, because of their impoverished economic state, their desperate need for employment and their illicit presence in this country, tend to work for wages significantly below what a labor market comprised of U.S. citizens would pay.

18. Illegal immigrants can also be exploited in other ways as well. Owing to their constant fear of apprehension by law enforcement authorities, Tyson’s illegal immigrant workers tolerate deplorable workplace conditions and do not file worker’s compensation claims when they are injured on the job.

19. Tyson is unable to attract large numbers of illegal immigrants to work for the company on its own. Consequently, it relies upon a large network of recruiters and temporary employment services to identify qualified candidates for low-wage unskilled labor, induce those candidates to work for the company and often provide assistance in transportation to one of its facilities, provide housing (frequently in homes owned and rented out by Tyson executives at over-market rates) and other amenities.

20. Tyson pays its recruiters and temporary employment services a fee for each illegal immigrant worker it hires.

21. In exchange for these benefits, recruiters must submit to a regimen of strict discipline set by Tyson. This regimen requires recruiters to carefully screen candidates so as employ only those with personality traits consistent with Tyson’s desired worker profile; typically, these are illegal immigrants who feel vulnerable, submissive, have little knowledge of the U.S. legal system and a pressing need for immediate employment.

22. Tyson instructs its recruiters and temporary employment services to coach illegal immigrant workers to: (i) deny, if asked, that they have been smuggled into the U.S.; and (ii) credibly present verification documents to Tyson which both the recruiters and Tyson know are falsified, all in an elaborate scheme to hide the illegal employment activity. Many such illegal immigrants are recruited in Mexico and have their passage into the U.S. paid for by Tyson’s recruiters. The recruiters then meet the illegal workers as soon as they are smuggled across the U.S-Mexico border and transport them to the 15 Tyson facilities, at Tyson’s expense.

23. The result is that Tyson receives a constant stream of illegal immigrants seeking immediate employment. These workers accept unskilled positions at a starting wage of approximately $9/hour, no questions asked.

24. Workers at other facilities in the areas where the 15 Tyson plants at issue are located typically receive significantly higher starting salaries. The difference between this wage level and the wages paid by Tyson is the direct result of the success of the Illegal Immigrant Hiring Scheme.

25. Tyson employment personnel hire these illegal immigrants with a wink and a nod, knowing they are being presented with falsified identification documents in order to establish work eligibility (many having been falsified by Amador Anchondo-Rascon in Shelbyville, Tennessee) or having been recruited by carefully selected temporary employment services who hire only known illegal immigrants, at Tyson’s request.

26. Plaintiffs are not aware of the precise number of illegal immigrants Tyson employs at the 15 facilities, but on information and belief Plaintiffs allege that the number employed is over 250 per year at each facility, year in and year out, since the knowing employment of illegal immigrants became a RICO predicate offense in 1996. Plaintiffs believe approximately half of Tyson’s workers at the 15 facilities are illegal immigrants, and the vast majority were hired by Tyson with actual knowledge of their illegal status and further, with knowledge that they were smuggled into the U.S. and harbored in the U.S.

27. Additionally, the act of knowingly employing an illegal immigrant constitutes harboring that person, and each time Tyson knowingly hires an illegal immigrant and/or provides such person with housing, it harbors that person from detection.

THIS IS JUST A PART OF THE LAWSUIT. IT IS PRINTED IN ITS ENTIRETY AT THIS LINK. http://www.vdare.com/misc/tyson_complaint.htm

BECAUSE OF THIS, I HAVE NOT PURCHASED ANY TYSON PRODUCTS IN OVER A YEAR.

Originally Posted by Lone_Patriot

this tactic has had success for the aclu, if done on a large enough scale it could be very successful.

It would be funny if a tatic used by the ACLU was used against them since I am sure they would be wading in defending the illegals.

Cool I like it....

Ooh, Lets get it on!!

Yipeee . . . . this should be moved to the Home Page!!!!

Ahhhhhhh, too good. Good news is so hard to come by these days.

Shelbyville is crawling with illegals and most of them work at Tyson. I would guess a lot of them have "real" but fraudently obtained SSN's!

You know Tyson has done nothing other poultry, meat and agribusiness firms hasn't done.

Why did the Clinton Admin go after Tyson??

Did they not share the profits?