Thread: MD: Feds file charges in painting job raids

Feds file charges in painting job raids
Owner faces prison, loss of homes, vans
By SCOTT DAUGHERTY, Staff Writer
Published 04/11/09

Federal prosecutors filed charges yesterday against the owner of Annapolis Painting Services, claiming he knowingly employed at least 10 illegal immigrants in late 2005 and early 2006.

The charges against Robert Bontempo Jr. come more than nine months after federal agents raided the business' Annapolis-area offices and 15 homes while investigating his hiring practices.

But legal experts say the way prosecutors filed the charges in U.S. District Court in Baltimore - the charges came by way of a criminal information rather than a criminal indictment - indicate Bontempo has worked out a plea agreement with the federal government.

"Federal prosecutors almost always involve indictments, except where there is an agreement by the defendant to plead guilty," said Andrew D. Levy, a Baltimore defense attorney and adjunct professor at the University of Maryland School of Law.

Marcia Murphy, a spokeswoman for Rod Rosenstein, the U.S. attorney for the District of Maryland, declined to comment about the charges or the possibility of a plea agreement, citing the pending nature of the case.

Bontempo and his criminal defense attorneys, David Zinn and Steve Fuzesi, did not return calls for comment. Leslie Hershfield, an attorney representing him in a civil matter, also did not return calls for comment.

Bontempo was charged with hiring illegal immigrants and engaging in monetary transactions with property derived from unlawful activity. If convicted of both crimes, he faces up to 15 years in prison and $500,000 in fines.

Prosecutors also moved yesterday to seize eight homes, 10 vehicles and more than $26,000 in five separate bank accounts. Prosecutors started seizure proceedings the day after the June 30 raids, but placed them on hold shortly thereafter pending the criminal investigation.

Bontempo was not arrested and there are no hearings scheduled, Murphy said.

About 50 county police officers helped 75 federal agents conduct the early-morning raids.

County Executive John R. Leopold, who championed the raids when they happened, commended prosecutors yesterday for filing criminal charges against Bontempo and applauded the federal government's decision to focus its attention on employers.

"Clearly the focus should be on the employers who provide the incentive for this illegal behavior," Leopold said, adding that businesses who hire illegal immigrants "put employers who play by the rules at a competitive disadvantage."

If prosecutors succeed in seizing the property, the county hopes to profit.

County officials filed court documents in August seeking some of the proceeds. Murphy said county and state law enforcement officials stand to receive 80 percent of the seizures - after mortgages, liens and vehicle loans are paid off. That money may be used to purchase equipment, she said.

The criminal case and seizure proceedings are just two legacies of the raids.

CASA de Maryland, a Silver Spring-based immigrant advocacy group, is investigating the role county police played in the raids after hearing numerous claims of racial profiling and home invasions by officers. The group also wants to know how much the raids cost Maryland taxpayers.

CASA filed a lawsuit Oct. 29 against the county seeking documents regarding its involvement in the raids. That lawsuit is still pending.

A group of former employees also filed a separate lawsuit that month against Bontempo and Annapolis Painting Services, alleging the company violated federal and state wage laws by not paying overtime. The workers also allege the company made illegal deductions from employee paychecks, forcing them to pay for tools and materials. That lawsuit also is still pending.

Justin Cox, a civil rights specialist with CASA, said of the 46 people arrested during the raids, most are out on bond and awaiting hearings. He said some agreed to leave the country without a fight and four remain in federal custody in Texas.

Immigration continues to rise in the county and across the nation. Census figures show Anne Arundel's foreign-born population grew 32 percent over six years, from 23,211 in 2000 to 30,748 in 2006.

Local economic development officials have said there are perhaps about 175,000 workers in Maryland illegally, representing about 6 percent of the workforce.

www.hometownannapolis.com

http://oneoldvet.com/

"Clearly the focus should be on the employers who provide the incentive for this illegal behavior," Leopold said, adding that businesses who hire illegal immigrants "put employers who play by the rules at a competitive disadvantage."

Which is exactly why the Reagan administration put the provision to punish employers when they granted the last amnesty, but our government never enforced it for whatever reason.

This is a Shakedown for money is all. The Illegals will stay or even get green cards for cooperating..lmao