Restaurateurs lose bid to recover raided items
BY MARK MINTON

Posted on Thursday, April 3, 2008


Owners of the Acambaro Mexican restaurant chain lost their bid to reclaim cash, trucks and computers seized in a Dec. 10 immigration raid.

After Immigration and Customs Enforcement agents found 23 suspected illegal immigrants on the payroll at Acambaro locations in Washington and Benton counties, prosecutors charged the restaurant operators with harboring illegal aliens and money laundering. Authorities seized the business assets as the fruits of illegal labor.

A week later, Acambaro declared bankruptcy and petitioned the bankruptcy court for the return of the $ 149, 000, eight trucks and business computers.

John Blair of Rogers, representing Acambaro in the bankruptcy, argued that the business needs the assets to carry out its Chapter 11 reorganization plan. Blair said it is wrong for the government to hold them when neither Acambaro nor its operators have been found guilty of any wrongdoing.

Assistant U. S. attorney Debbie Groom said at a mid-March hearing it would be wrong to allow criminal defendants whose assets are seized because of allegations to duck into bankruptcy court and get their property back.

U. S. Bankruptcy Judge Ben Barry issued a ruling this week that leaves the assets in government hands until a June 2 trial decides whether the government or the restaurant ultimately should keep them. The asset-forfeiture question will be among the issues hanging in the balance at the trial that will decide the fate of four accused Acambaro managers: Arturo Reyes Jr., his wife, Silvia, his brother Armando, and Lucila Huaracha, all residents of Benton County and all currently out on bond.

“If the defendants are found guilty — if the individuals or the corporation are found guilty — then the next thing the jury decides is the forfeiture,â€