POSTED: December 11, 2008

Local man among 11 arraigned in illegal immigrant smuggling

United States Attorney Terrance P. Flynn announced the arraignments on the indictments of 11 defendants, from New York, Pennsylvania, West Virginia and Ohio.

A local man, Jesus Francisco Escalante of Dunkirk, was one of those arraigned Wednesday in the Western District of New York along with Sergio Antonio Resendiz Martinez of Salamanca; Honorio Banda Mireles of Bradford; Maurilio Bautista Feria of Allegany; Javier Banda Mireles of Depew; Miguel Angel Antimo Mireles of New Martinsville, W.Va.; Alvaro Soto Paz and Agustin Quinones Torres, both of Willoughby, Ohio and Alejandro Garcia of Wheeling, W.Va. Simon Banda Mireles of Depew and Alberto Antimo Mireles of New Martinsville, W.Va. are expected to be arraigned before U.S. Magistrate Judge Hugh B. Scott today.

Each of the defendants was charged with harboring and concealing illegal aliens, primarily undocumented Mexicans, who had been smuggled into the United States for the purpose of employing these aliens at seven Mexican restaurants, three in Western New York, one in Bradford, one in Mentor, Ohio, one in Wheeling, W.Va. and one in New Martinsville, W.Va. Harboring illegal aliens carries a maximum punishment of 10 years in prison and/or a $250,000 fine.

Assistant U.S. Attorney Robert C. Moscati stated that Simon Banda Mireles, Sergio Antonio Resendiz Martinez and Javier Banda Mireles were charged with engaging in Forced Labor, which carries a maximum of 20 years in prison and or a $250,000 fine. Flynn noted that the Forced Labor charges constitute a violation of the Trafficking Victims Protection Act of 2000, a focus of the district's Human Trafficking Task force and Alliance (WDNY HTTFA).

The WDNY HTTFA, one of 42 nationwide, is a collaboration of local, state and federal law enforcement agencies and non-government service organizations working together to identify, rescue and assist victims of human trafficking, human smuggling and other civil and human rights offenses in the 17 counties of the district, through aggressive investigation, prosecution, training, education and outreach to law enforcement, non-government organizations, vulnerable and affected persons and the general public.

"These indictments demonstrate that employers operating businesses illegally in the United States that take advantage of vulnerable illegal immigrants and jeopardize legitimate businesses face serious repercussions for their criminal activity", said Lev J. Kubiak, Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE). "ICE continues to aggressively target employers who use illegal alien workers to gain an unfair business advantage and take jobs away from legal workers."

Flynn and Kubiak commended the assistance and leadership provided to this investigation by the New York State Police under the direction of Major Matthew S. Renneman and the Cheektowaga Police Department under the direction of Chief Christine Ziemba.

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