Thread: OH-Restaurateur sentenced on illegal-aliens charges

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.



http://www.toledoblade.com/article/2010 ... 421/-1/RSS

Big Deal! Many, if not all, of incarcerated lawbreakers are not able to see their kids graduate! What did he expect since he'd broken the laws for many years? I'm so sick and tired of judges making exceptions based on sob stories and immigration status. Why is it always that the illegals get special treatment and coddling by the courts? What are we law-abiding citizens supposed to think? Sounds like WE are the rubes for obeying the law!

I've seen in the past at least one casa fiesta restaurant around here and there are many, many more mexican/latino restaurants that employ virtually nothing but hispanics.

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.

BS! And this guy actually needed an interpreter! And how long has he been in this country? He really made an effort to be an American, didn't he... And five kids... oh great - five kids to teach his wonderful family values to.

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. Judge Zouhary - "You [b]knew it was wrong but what surprised you was the penalties and sanctions."

Ornelas' 16-year-old son, Ramon, spoke during the sentencing hearing, - "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."

No, Ramon. Your father has had more than enough chances to do what is right. He has been teaching you the wrong values of lying and cheating and using people for his own personal gain. This is a good thing for you to see consequences of bad actions. It is a good lesson that your father obviously has been lax in teaching you. Hopefully you do not follow in your fathers footsteps.

Originally Posted by keekee

Big Deal! Many, if not all, of incarcerated lawbreakers are not able to see their kids graduate! What did he expect since he'd broken the laws for many years? I'm so sick and tired of judges making exceptions based on sob stories and immigration status. Why is it always that the illegals get special treatment and coddling by the courts? What are we law-abiding citizens supposed to think? Sounds like WE are the rubes for obeying the law!

Seriously! He should have gotten a heck of a lot more jail time than one year after breaking the law for so many years.

Background article:

January 21, 2010
Owner of Casa Fiesta faces multiple charges for hiring illegal aliens

CLEVELAND, Ohio - The owner of a northern Ohio-based Mexican restaurant chain was charged today with eight counts of harboring and concealing illegal aliens, three counts of mail fraud, and seven counts of subscribing to a false tax return following an U.S. Immigration and Customs Enforcement (ICE) investigation.

Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, joined U.S. Department of Homeland Security Assistant Secretary for ICE John Morton in the announcement.

"These criminal charges represent ICE's firm commitment to holding employers accountable for brazenly ignoring immigration laws as it relates to their workforce," said Morton. "In order to create a culture of compliance among businesses, ICE will take the necessary actions, including leveling both criminal and civil fines against employers."

According to the investigation, Ramon J. Ornelas, 42, of Norwalk, Ohio, was the principal owner of eight Casa Fiesta Mexican restaurants located in Youngstown, Vermilion, Ashland, Norwalk, Fremont, Oberlin, Oregon and Sandusky, Ohio. It is alleged that the restaurants regularly employed numerous undocumented workers, failed to obtain proper immigration documents for such workers, sometimes provided places to live for the workers, routinely paid the workers in cash without withholding of FICA and Medicare taxes, and submitted false documents to the Ohio Department of Job and Family Services which did not report the names of undocumented workers.

In July 2008, federal search warrants were executed at each restaurant, and 58 undocumented Mexican nationals employed at the restaurants were taken into the custody of ICE. In addition to harboring and concealing the illegal aliens, the information also charges Ornelas with filing false Forms 941, Employer's Quarterly Federal Tax Return, for not claiming the undocumented workers and underreporting the tax due and owing the Internal Revenue Service.

Ornelas is also charged with mail fraud for filing false Ohio Contribution Reports with the Ohio Department of Job and Family Services, thus underreporting the number of workers at the restaurants and therefore underpaying taxes due the state for unemployment insurance.

The actual sentence in this case, upon conviction, will be determined by the court under the advisory Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant's prior criminal record, if any, the defendant's role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it be less than the maximum.

The IRS Criminal Investigation Division and the U.S. Department of Labor Office of Inspector General also assisted in the case. The case is being prosecuted by Assistant U.S. Attorney David O. Bauer.

These charges are not evidence of guilt. The burden of proof is always on the government to prove a defendant guilty beyond a reasonable doubt.

-- ICE --

http://www.ice.gov/pi/nr/1001/100121cleveland.htm