Harboring illegals earns man 4 years Restitution sought for 30 workers

Arkansas Democrat-Gazette (Little Rock)
February 5, 2010
BY ADAM WALLWORTH

A Brazilian national will face deportation after serving more than four years for harboring illegal aliens, whom he owes thousands in back pay.

Marcio De Oliveira, 42, of Chattanooga, Tenn., was sentenced Monday to 51 months in federal prison in Fayetteville by U.S. District Judge Jimm L. Hendren, who refused to let him recant his previous guilty plea.

De Oliveira was arrested in March as part of an investigation by Immigration and Customs Enforcement agents.

The investigation was triggered by reports that De Oliveira employed 30 people whom he hadn't paid for a month.

Authorities deported 24 people after they were discovered living in two small Springdale homes with little food, no money and no furniture.

De Oliveira rented the two houses, neither of which had heat.

De Oliveira also was sentenced to three years of supervised release and ordered to pay a fine of $10,000 and restitution of $50,000.

If he is not deported, then De Oliveira would face the supervised release.

Assistant U.S. attorney Chris Plumlee said his office will try to make sure the restitution is paid to the workers, even though most were removed from the country.

The workers laid underground cable lines.

Plumlee said some of De Oliveira's workers remain in the country legally and are in contact with those who were deported.

Plumlee said the case coordinator is working to find addresses to forward any money paid by De Oliveira.

"They're hopeful they will get restitution to the majority, if not all of the victims," Plumlee said.

De Oliveira pleaded guilty to the charges in August but changed lawyers days before he was to be sentenced, Plumlee said.

De Oliveira tried to withdraw his guilty plea, despite having already admitted to all the charges.

During a hearing Monday, assistant U.S. attorney David Harris presented additional evidence that showed De Oliveira received a check for upwards of $30,000 for work performed by the employees he wasn't paying, Plumlee said.

While De Oliveira was in the country legally, he will face removal proceedings, Plumlee said. Conviction of a felony is cause for deportation, he said.

The case differs from those the office often handles, Plumlee said.

Typically employers pay illegal aliens lower wages, but they still pay.

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