Article published June 29, 2010
Restaurateur sentenced on illegal-aliens charges
Norwalk man owned Mexican eatery in Oregon
By ERICA BLAKE


Ramon J. Ornelas had succeeded in life in the United States by creating a string of Mexican restaurants in northern Ohio and availing himself of the opportunities of his new country, a federal court judge said yesterday.

But his employment of dozens of illegal immigrants and his failure to pay taxes on their incomes required a prison term to serve as both punishment and a deterrent.

Ornelas, 43, of Norwalk, Ohio, was sentenced Monday in U.S. District Court in Toledo to one year and one day in prison. He pleaded guilty in February to eight counts of harboring and concealing illegal aliens, three counts of mail fraud, and seven counts of subscribing to a false tax return.

Judge Jack Zouhary sentenced him to one year for each count but ordered that they be served concurrently.

Immigration officials said Ornelas, who had legal permanent resident status, will face a deportation judge after he serves his sentence.

"You pulled yourself up here in America, the land of opportunity, and opened a chain of restaurants. I take that into consideration," Judge Zouhary said. "There is a seriousness to this crime. The government has taken a position on illegal immigration … and my sentence must promote respect for the law."
Federal charges were filed against Ornelas in January. Authorities said search warrants were executed at eight of Ornelas' restaurants in Ohio, which resulted in 58 undocumented Mexican nationals being taken into custody. Ornelas is the principal owner of Casa Fiesta Mexican restaurants in Oregon, Sandusky, Youngstown, Vermilion, Ashland, Norwalk, Fremont, and Oberlin.


In addition to the concealing charges, Ornelas pleaded guilty to filing false federal tax records for not claiming the undocumented workers and therefore underreporting the taxes owed to the Internal Revenue Service. According to Assistant U.S. Attorney David Bauer, the amount owed the federal government was $178,000 over a period of three years.

The mail fraud convictions were the result of filing false Ohio Contribution Reports by underpaying $11,124 in taxes due the state for unemployment insurance for those workers he did not report.

Mr. Bauer noted that Ornelas benefited economically from the hiring of undocumented workers and asked the judge to send a message to employers that immigration laws exist and will be enforced.

As part of his sentence, the judge also ordered the forfeiture of $62,546 taken from eight of his restaurants during execution of the July, 2008, search warrant and a Vermilion home he owned where several undocumented workers lived.

With the assistance of an interpreter, Ornelas apologized for his actions and offered an assurance that he had learned his lesson. He added that he did not realize that his decisions would lead to such severe consequences.

"I will accept, of course, your decision. It's my responsibility to pay for my errors," he said. "I'm asking for an opportunity."

Ornelas' 16-year-old son, Ramon, spoke during the sentencing hearing, asking the judge to give his father another chance. He said that his family has been torn apart and that his father understood the crime that he had committed.

"I'm going to be a senior this year in high school. I would like him to see me graduate from high school," the teenager said tearfully. "I just ask that you give him another chance."

Immigration officials confirmed that Ornelas' current wife is also undocumented and is in the process of deportation. He is the father of five, ages 20, 16, 11, 6, and 1.

Judge Zouhary noted prior to the sentence that immigration officials had four times been in contact with Ornelas when he was a manager of his brother's restaurant. The restaurant had been fined for employing illegal workers.

"We have a bit of a history before this incident," he said. "You knew it was wrong but what surprised you was the penalties and sanctions."

The judge also noted how families are affected by these charges and offered sympathy. He added that he hoped that Ornelas could serve his time and still make it to his son's graduation.

"Given the timing of all this, I suspect you'll still be around to see young Ramon's graduation when you get out," he said.



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