Thread: PA. College restaurant owners, managers face federal charges in immigration raids

State College restaurant owners, managers face federal charges in immigration raids

BY SHAWN ANNARELLI
sannarelli@centredaily.com
July 16, 2015 Updated 59 minutes ago

Eight State College restaurant owners and managers face federal charges in an alleged conspiracy to transport, harbor and conceal 18 illegal immigrants for “commercial advantage and private financial gain,” according to a press release from the U.S. Department of Justice.

The charges stem from a federal investigation and raids of China Dragon, College Buffet, Chen’s Mongolian Buffet, Fuji & Jade Garden, Hunan Wok, 100 Degrees Hot Pot, My Thai and Penang Asian Fusion Cuisine in June 2014.

The United States Attorney’s Office for the Middle District of Pennsylvania on Thursday announced the charges were filed in the U.S. District Court in Harrisburg.

“Unauthorized alien workers were hired routinely to staff restaurant kitchen operations, thereby cutting costs and maximizing profits,” the release said.

Jing Mei “Jimmy” Jiang, 51, of Boalsburg, was identified in the release as the ring leader of the conspiracy. He is listed as the owner of Fuji & Jade Garden.

He was charged with defrauding the United States and Pennsylvania by underreporting the number of employees in audit and tax documents and by creating creating false financial records for quarterly employee wages. He also was charged in connection with the handling of finances for all the restaurants.

If Jiang is convicted, he could receive up to 10 years in prison under federal law for harboring and concealing illegal immigrants, 20 more years for wire fraud and fines totaling $500,000. The maximum penalty for his seven conspirators is five years of prison.

The government, however, filed plea agreements with each of the defendants that are subject to the approval of the court.

Federal prosecutors agreed to recommend lower sentences for defendants if they cooperate with and assist the federal government.

The government is seeking the forfeiture of property in State College, including 210 Limerock Terrace, 458 E. College Ave. Unit 211, 458 E. College Ave. Unit 406 and 691 Westerly Parkway.

The government also is seeking cash allegedly tied to the criminal activity, including $21,890 seized from the China Dragon and $43,108 seized from 210 Limerock Terrace, according to the release.

The release also said the accused restaurant owners and managers transported the illegal immigrants, who originated from Mexico, Guatemala, Thailand and China, by commercial buses, vans and other vehicles to and from restaurants in the State College area, where they would work and be housed.

The conspirators also allegedly paid illegal immigrants below the minimum wage, did not withhold state and or federal taxes from the wages paid to them and did not require them to present documents establishing identity.

The payroll services of a New York accounting firm, which was not identified in the release, were allegedly used for the fraudulent production of a fictitious monthly payroll check for each employee and quarterly report of wages paid to each employee forwarded by mail or electronically filed. The actual number of employees working for the restaurants was allegedly “underreported,” which caused the accounting firm to transmit false and incomplete information by mail, the release said.

Shawn Annarelli can be reached at 235-3928. Follow him on Twitter @Shawn_Annarelli.

http://www.centredaily.com/2015/07/1...nt-owners.html

All very well, good and necessary! Why is it we do not see headlines as this concerning large, even huge employers? Political contribution season, can we all say it in unison? Political contributions are only pre-payment of fines in America. Do I need ask, does anyone ever get away with murder? A nation of double standards?

Restaurant owner/managers charged with conspiracy to transport, harbor and conceal illegal aliens

July 20, 2015

HARRISBURG, PA — The United States Attorney’s Office for the Middle District of Pennsylvania, recently announced that charges were filed in U.S. District Court in Harrisburg against eight restaurant owners and managers in the State College, Pennsylvania, area, accusing them of conspiring to transport, harbor and conceal illegal aliens to work in their restaurants.

Jing Mei Jiang, identified as the leader of the conspiracy, was also charged with defrauding the United States and the Commonwealth of Pennsylvania by underreporting the actual number of employees in audit and tax documents and by creating falsified financial records on his Employer’s Quarterly Report of Wages Paid to each employee.

According to U.S. Attorney Peter Smith, the following individuals were charged in eight separate Criminal Informations filed today:

Jing Mei Jiang, age 51, Boalsburg, PA
Yu Mei Chen, age 50, Boalsburg, PA
Xin Xing Jiang, age 27, Boalsburg, PA
Yan Jin Jiang, age 30, Boalsburg, PA
Xue Jiang, age 36, State College, PA
Jian Bin Chen, age 39, State College, PA
Yong Cheng Chen, age 38, State College, PA
Hua Zhen Dong, age 37, State College, PA

The Criminal Informations charge that Jing Mei Jiang and his co-conspirators, owners and/or managers of restaurants in the State College area, allegedly engaged in recruiting, placing, harboring, concealing and transporting unauthorized aliens to work in the restaurants. Jiang and his co-conspirators transported the unauthorized aliens by commercial buses, vans and other vehicles to and from restaurants in the State College area, where they would work and be housed during their employment.

The workforce consisted of Hispanic and Chinese aliens from Mexico, Guatemala, Thailand and China, many of whom were illegally in the United States. The workforce was allegedly sought and employed by the defendants for commercial advantage and private financial gain. Unauthorized alien workers were hired routinely to staff restaurant kitchen operations, thereby cutting costs and maximizing profits. Among other things, the conspirators allegedly:

Paid the unauthorized aliens in cash, at a rate well below the minimum wage;

Did not withhold state and/or federal taxes from the wages paid to unauthorized aliens;

Did not require the unauthorized aliens to present documents establishing identity and/or employment eligibility as required by law;

Provided housing and transportation to the restaurants to their unauthorized alien workers.

Recruited unauthorized alien workers using employment agencies located in New York City and would have the unauthorized alien workers transported to the State College area by commercial buses, vans and other vehicles;

Shared housing, transportation and services of some of the workers among themselves to maximize profits and to facilitate their criminal conspiracy; and
Filed and caused to be filed fraudulent documents relating to unemployment compensation for undocumented workers.

Jiang is charged individually with allegedly handling the finances of all the restaurants. The workers were compensated in cash and their earnings were not reported to the Commonwealth of Pennsylvania on the Employer’s Quarterly Report of Wages Paid to Each Employee.

The payroll services of a New York accounting firm were allegedly used for the fraudulent production of a fictitious monthly payroll check for each employee and quarterly report of wages paid to each employee forwarded by mail or electronically filed. The actual number of employees working for the restaurants was knowingly under reported, thereby knowingly causing the accounting firm to transmit false and incomplete information by mail and/or by interstate wire.

The government is also seeking the forfeiture of the following assets, consisting of property or cash allegedly directly tied to the criminal activity:
210 Limerock Terrace, State College, PA
458 East College Avenue, Unit 211, State College, PA
458 East College Avenue, Unit 406, State College, PA
691 Westerly Parkway, State College, PA
$21,890 in cash seized from the China Dragon Restaurant, State College, PA
$43,108 in cash seized from 210 Limerock Terrace, State College, PA

The government also filed plea agreements with each of the eight defendants which are subject to the approval of the court.

The case is part of a continuing investigation by Homeland Security Investigations, the Pennsylvania Office of the Attorney General, and the U.S. Department of Labor, assisted by the State College Police Department. Assistant U.S. Attorneys William A. Behe and Gordon Zubrod, and Special Assistant U.S. Attorney Robert LaBar of the Pennsylvania Attorney General’s Office are assigned to prosecute the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for Jing Mei Jiang is 10 years of imprisonment on harboring and concealment of illegal immigrants and 20 years imprisonment for wire fraud, a term of supervised release following imprisonment, and a $250,000 fine.

The maximum penalty for the remaining defendants is 5 years imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

- See more at: http://westmorelandtimes.com/news/16....h2ZsokKr.dpuf

Originally Posted by kevinssdad

All very well, good and necessary! Why is it we do not see headlines as this concerning large, even huge employers? . . .

Because big companies have legal teams that advise them to not violate the law because it can get very expensive when they get caught.

EXAMPLE:

http://www.alipac.us/f12/%245-millio...-fence-302610/

Big companies use E-VERIFY to keep from violating the law.

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

7/20/2015
by Mary Pivec | FordHarrison

Executive Summary: On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In United States v. Hartmann Studios, Inc. (OCAHO Case No. 14A00008), the ALJ found the employer liable for 808 of the 818 Form I-9 paperwork violations alleged by the government. Although the judge refused to entertain Hartmann's financial hardship defense due to its failure to provide audited financial statements or otherwise respond to the government's discovery on its ability to pay the government's proposed civil money penalty ($812,665.25), she made modest downward adjustments in the proposed base penalties, but increased the aggravation penalties for violations associated with unauthorized workers, resetting the fine amount at $605,250.

Nature of the Form I-9 ViolationsThe overwhelming number of violations charged against Hartmann involved failing to sign section 2 of the I-9 forms it produced in response to the government's audit notice, among other violations.

The judge characterized these as extremely serious violations, citing a decision she issued earlier this year, United States v. Emp'r Solutions Staffing Grp. II, LLC, 11 OCAHO no. 1242 (2015), describing the employer attestation in section 2 as "the very heart" of the verification process. See OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?The judge also found Hartmann guilty of other serious substantive violations including failing to require employees to designate their immigration status, provide their alien identification number and sign the attestation in completing section 1; failing to properly complete the document verification portion and compare union member identity and employment authorization documents with the numbers in the three-in-one forms when completing section 2; and in section 3, failing to record the updated employment authorization document(s) of employees whose original section 2 work eligibility document had expired.

Three hundred ninety-nine of the violations related to individuals who were members of the International Alliance of Theatrical Stage Employees Union Local 16A (Local 16A) and who worked for Hartmann during the term of a collective bargaining agreement between Hartmann and Local 16A that took effect in 2008. Under the agreement, the union supplied Hartmann with skilled stage technicians on a project-by-project basis. These technicians completed a "three-in-one" form developed by the union that combined a portion of a W-4 form, parts of sections 1 and 2 of an I-9 form, and a "check-off" authorization that authorized Hartmann to withhold 3.5 percent of the employee's wages as union dues.

Hartmann completed no separate I-9 form regarding these union stage hands – nor did it sign section 2 of the union form. The judge observed that the government could have charged Hartmann with the more serious offense of having failed to prepare an I-9 form with respect to the 399 union members, because Local 16A's form did not conform to the Form I-9 regulatory requirements, but declined to do so in its discretion and charged Hartmann with the lesser offense of failing to sign section 2. The government assessed a baseline fine of $935 for each of these violations, plus an aggravation penalty of 5 percent across the board for the seriousness of the charged offenses, and an additional 5 percent for each of the 205 allegedly unauthorized workers in Hartmann's workforce.

Employer's Estoppel and Good Faith Mitigation Arguments Rejected
Hartmann argued unsuccessfully that it was prejudiced by the government's undue delay in issuing the notice of intent to fine and that it detrimentally relied upon ICE's "intimation" that it would not be fined in settling a wage and hour class action for $2 million. But the judge observed that under OCAHO precedent, the government is virtually impervious to such a claim without evidence that government agents engaged in affirmative misconduct beyond mere negligence, delay, inaction, or failure to follow internal agency guidelines that would result in serious injustice if left unaddressed, and that estoppel would not unduly burden the public interest.

Hartmann had not presented such evidence. Further, the judge found that Hartmann's evident violation of wage and hour laws was not an equity warranting a reduction in I-9 penalties.

Hartmann's good faith mitigation arguments relied on its conduct after the notice of inspection was served, but OCAHO case law assessing good faith looks primarily to the steps an employer took beforehand to ascertain what the law requires and to conform its conduct to those requirements. The judge cited the admissions of dereliction made in the deposition testimony of the Hartmann executive responsible for overseeing the I-9 process and the serious nature of the paperwork violations evident from a facial inspection of the forms themselves as evidence that Hartmann failed to satisfy the good faith standard. Post inspection enrollment in E-Verify, termination of undocumented workers, correction of paperwork violations and discontinuation of the unauthorized three-in-one form did not, as a matter of law, justify a reduction in civil money penalties under the good faith defense.

Based on the overall facts and circumstances, including evidence that Hartmann's 2011 gross revenues were $73 million, the judge reset the baseline fine for 799 of the violations in the complaint at $700, plus $200 for each of the 205 counts involving unauthorized aliens (status determinations apparently admitted by Hartmann). The judge deemed nine section 1 and section 3 violations to be less serious and reduced the penalties for those violations to $550 each.

Lessons Learned
This case demonstrates the need for employers to conduct routine self-audits of their I-9 inventories to ensure that the forms have been properly completed and retained and are ready for inspection. Failing to invest in an effective self-audit and correction program – for even a medium-size employer – can have substantial adverse economic consequences. Participation in the E-Verify program is not a defense to paperwork violations and will not shield a company from penalties for failing to properly complete and retain I-9 forms.

http://www.jdsupra.com/legalnews/eve...ver-600-80388/

The US House Immigration and Border Security Subcommittee of the Judiciary Committee will be holding an oversight hearing on Thursday July 23 on Sanctuary Cities: A Threat to Public Safety.
http://judiciary.house.gov/index.cfm...8-00B27E229D7B


Please email respectful comments to their committee aides:

nicolas.hagen@mail.house.gov
anna.bartlett@mail.house.gov

Chair Trey Gowdy is a real illegal immigration fighter. Express your thanks but also suggest why sanctuary cities need to end.

It is not only sanctuary policy that is allowing illegals to stay. It is also that ICE is not conducting any sizable raids. Notice the one above is from 2014 and there were not a lot of persons held. However, true to Democrat form, they will tend to go after the businesses while not actually targeting illegal aliens, at least on a mass scale. Or some illegals may even get protected status.

The Democrat members are no doubt going to support sanctuary policies. Minority members of the Immigration and Border Security Subcommittee are: Raul Labrador, Luis Gutierrez, Zoe Lofgren, Sheila Jackson Lee, and Pedro Pierluisi
Congressional Switchboard: 202-224-3121

Immigration Subcommittee to Examine Dangerous Sanctuary City Policies

CONTACT: Kathryn Rexrode or Jessica Collins, 202-225-3951

Washington, D.C. – On Thursday, July 23, 2015 at 10:00 a.m., the House Judiciary Committee’s Immigration and Border Security Subcommittee will hold a hearing titled “Sanctuary Cities: A Threat to Public Safety.” The hearing will examine dangerous policies adopted by some state and local governments that refuse to honor the federal government’s authority to enforce immigration laws, and the Obama Administration’s complicity in this problem.
Specifically, sanctuary jurisdictions refuse to comply with U.S. Immigration and Customs Enforcement (ICE) detainers or notification requests, which are the tools that federal immigration enforcement agents use to pick up criminal aliens in local jails. Incredibly, policies implemented by Obama Administration officials at the Department of Homeland Security (DHS) authorize sanctuary city policies. Under the Administration’s “Priority Enforcement Program,” the Administration ratifies sanctuary jurisdictions by allowing states and localities to ignore detainer requests.
As a result of these policies, many unlawful and criminal aliens are released back into American communities. Recently, Kate Steinle was murdered by a criminal alien who had been released by San Francisco officials, despite having been deported five times and being convicted of multiple felonies. Despite this recent tragedy and others, at a DHS oversight hearing earlier this week Secretary Jeh Johnson continued to argue that ICE detainers should not be made mandatory.
Witnesses for this hearing will be announced soon. Below are statements from House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Immigration and Border Security Subcommittee Chairman Trey Gowdy (R-S.C.) on this hearing.
Chairman Goodlatte: “Sanctuary city policies needlessly endanger American lives by refusing to honor the federal government’s authority to enforce immigration laws. Unfortunately, the Obama Administration’s own foolish policies enable rogue local governments to defy federal immigration laws. All too often, these reckless policies create preventable tragedies.
“The House Judiciary Committee approved legislation earlier this year to make ICE detainers mandatory and withhold federal grants from sanctuary jurisdictions. Next week, we will take a closer look at this problem and determine if other steps can be taken by Congress to prevent states and cities from adopting such irresponsible policies.”
Subcommittee Chairman Gowdy: “The border is porous, there are insufficient internal security mechanisms in place, and this administration has embraced non-enforcement and a constitutionally-suspect rewriting of what inadequate current laws do exist. These administration policies enable the willful failure of localities to respect detainers and create more than benign-sounding things like ‘sanctuary’ cities. It creates gaping holes in our criminal justice system, which leads to deadly consequences.
“In March, our Committee passed legislation to strengthen the internal enforcement of our immigration laws, which included addressing sanctuary cities. Congress should move forward to address this problem, and it should not take the death of another innocent life to force us to act.”
This hearing will take place in 2141 Rayburn House Office Building and will be webcast live at http://judiciary.house.gov/.

To learn more about the Obama Administration’s poor immigration enforcement record, click here.
Permalink: http://judiciary.house.gov/index.cfm...-city-policies

US Senate Committee on Judiciary (Chair Grassley) is holding a hearing this morning, july 21.

Democrat members, as usual are repeating the same mistruths and outright lies, trying to run out the clock on adapting any meaningful policies. Here is the statement by Minority leader Sen. Patrick Leahey:
http://www.judiciary.senate.gov/imo/media/doc/07-21-15LeahyStatement.pdf

Four admit providing illegal immigrant labor to State College restaurants

By John Beauge | Special to PennLive
on September 11, 2015 at 2:24 PM, updated September 11, 2015 at 2:33 PM

WILIAMSPORT — The ringleader of an organization that provided undocumented immigrant workers to half a dozen State College restaurants pleaded guilty Friday to conspiracy to harbor aliens and wire fraud.

Jin Mei Jiang, 51, faces up to 27 months in prison and was told by U.S. Middle District Court Judge Matthew W. Brann that he likely faces deportation because he is not a U.S. citizen.

Jian's wife, Yu Mei Chan, 50, also pleaded guilty to a charge of harboring the aliens, as did Yan Jin Jiang, 27, and Xin Xing Jiang, 30, who are brother and sister.

That was the same charge to which four other defendants pleaded guilty in August.

The eight, all of whom operated restaurants, have been released on personal recognizance to await sentencing. They were ordered to surrender their passports, and all have agreed to cooperate in what Assistant U.S. Attorney Gordon A. Zubrod said is an ongoing investigation.

The scheme as outlined by Zubrod involved recruiting Asians and Hispanics through an employment agency in New York's Chinatown to work in the kitchens of a number of State College restaurants.

The individuals were not required to show proof of identity or eligibility to work and he said they were paid in cash — usually below minimum wage and no taxes were withheld.

The defendants provided the immigrants with housing and transportation, he said.

An accounting firm also in Chinatown prepared and wired to the state offices in Harrisburg fake unemployment compensation documents that under-reported the number of employees, Zubrod said.

Eighteen illegals were found working on June 12, 2014, in restaurants identified in court documents as Fuji and Jade Garden, 100 Degree Hot Pot, My Thai Restaurant, C&J Human Wok, Penang Inc. and China Dragon.

The government is seeking forfeiture of approximately $65,000 in seized currency and interest in several residential units related to the operation.

The immigrants came from Mexico, Guatemala, Thailand and China, Zubrod said.

http://www.pennlive.com/midstate/ind...ad_guilty.html