A Body Blow to Illegal Labor? (RICO lawsuits)

businessweek.com ^ | 3-26-06

[doug from upland]

A Body Blow To Illegal Labor? Court rulings and legislation could change the game for companies such as Mohawk It could soon be high noon in Calhoun. The town of 13,000 tucked away in the northwest corner of Georgia has been reshaped during the past decade by a huge influx of Latinos. The big draw: jobs at Mohawk Industries Inc. (MHK ), the town's largest employer. The $6.6 billion carpet maker employs 32,000 workers in all, 4,000 of them in Calhoun and surrounding Gordon County. Once staffed largely by whites, Mohawk today has a workforce made up substantially of immigrants from Mexico and other Latin American countries. The lure of $7-an-hour work has helped lift Hispanics to 12% of Gordon's population today, up from less than 1% in 1990.

[doug from upland]

http://72.14.203.104/search?q=cache:VxdBsu779ZQJ:nhlra.blogs.com/nhlras_weblog/2006/01/new_penalties_f.html+effect+on+business+illegal+aliens&hl=en&gl=us&ct=clnk&cd=5

New Penalties for Employers of Illegal Aliens

Also earlier this month, the House Criminal Justice and Public Safety Committee heard HB 1151, which would require employers to review and verify the validity of employee identification documents (social security cards, ICE work authorization forms, other forms of work authorization, driver's licenses, and other government issued identification cards), to secure an affidavit from each employee affirming that the work authorization and identification documents provided are valid and current, and swear out an affidavit affirming that the employer has verified the validity of documentation provided by the employee.

The bill further states that any employer who employs an illegal alien shall be liable for any and all medical costs resulting from any injury sustained by the illegal alien while in the course of business, including hospital costs, professional medical costs, nursing care and rehabilitation costs, and transportation back to the employee's country of origin.

Civil penalties outlined in the bill range from $500 to $5,000 for each day of noncompliance, increasing with each offense. This bill would impose on New Hampshire businesses an obligation to verify the validity of documents that federal immigration officials sometimes struggle to verify, and then impose serious sanctions if mistakes are made.

The prime sponsor of HB 1151 is Rep. Jordan Ulery (R-Hudson). The bill is before the House Criminal Justice and Public Safety Committee. A hearing on this bill and several other immigration bills was held on January 11th. A work session has not yet been scheduled. NHLRA is very concerned with this legislation.

[DHerion]

There is one answer to the problem of illegals but a lot of people might not like it.

Set the minimum wage to $12 hour. 3/4 of the illegals would be gone in 3 months. We would have to pay more for products/services but I don't need to go out to eat that much.

[TexasTransplant]

That "solution" would only work if you buy into the they are doing jobs yada yada yada

A better solution would be to abolish the minimum wage, seal the Borders, end Welfare, reform INS and enact "THE FAIR TAX"

TT

[frannie]

I didn't know what roofers make but I just had my roof replaced.

I had contracted with a roofing business in Winston Salem. I had watched him roof a new home next door and can't remember very many Hispanics over there doing any work. Maybe they did. Never-the-less when the workers came they were ALL Hispanic. I never saw the owner again. He didn't even come back to check on any thing.

This was an organized crew, only ONE spoke very broken English. The work is hard but it is not back breaking.

I had to have my crawl space water proofed. The workers had to dig in places under the house with 2 feet clearance, on their knees. They dug down to the "footers", put a liner in the trench, hand wheel barrowed gravel,spread it while on their knees. These men consisted of 3 blacks and one white.

Now to me I would think water proofing my crawl space was much harder, dirtier and needed much more knowledge to get the right slant on the trench, to get the liner in the right place etc,etc.

Just telling you a little about what I know about jobs Americans WILL do.

[itsahoot]

you have two choices retract or apologize.

I will take door number 3

[itsahoot]

The largest local newspaper is going to interview

Go get'em Doug. The City of Coachella near Palm Springs just declared themselves a Sanctuary City this week. ( I thought they already were)

[doug from upland]

A sanctuary? Just wait until an illegal, who should be out of the country, assaults a citizen and the citizen sues.

[Rockitz]

Here's a good way to stop illegal immigration cold.

Seize ALL property of those business owners who have hired illegal aliens. Split the receipts between business owners who went out of business because they didn't hire illegals, all of the Americans who lost a job to an illegal, and all the taxpayers who paid benefits to these illegals in the form of health care, education, insurance, infrastructure, and associated costs of police and incarceration.

As Rush pointed out today, the big donors who employ illegals OWN our congressmen so that will never happen.

[Rockitz]

Hiring illegals is an unfair business practice. It is driving legitimate businesses out of business.

..and taking jobs away from native Americans. I don't care what Bush says.

See The Labor Shortage Hoax or Dropping Out.

[TexasTransplant]

What makes you think the Roofers were "not Americans?"

I know Americans (more correctly US Citizens)that don't speak a lick of English and some that English is their 4th or 5th language.

You can't buy the Hispanics will do jobs that "blah blah blah" nonsense

I have been in Army Reserve Units where I was the Token White Guy, in my 28 years in the Military I found it to be basically colorblind (with exception of the 8 years of Clintons attempt at affirmative action, which was considered an insult by the Hispanics that I served with)

Work ethic and good business practices are not bound by Race or Color or Nationality anymore than intelligence or sexuality or beauty.

You see a few protesters with their flags and agendas and assume.
I have a much bigger problem with the Muslim Religion and I feel that we are losing sight of who has declared War upon us, Divide and Conquer is just as valid a strategy today as the day it was first employed.
In War you first have to accurately define the Enemy, the PC Libs have done everything that they can to hinder this essential element of our National Defense. One thing I can assure is that some of the most Patriotic, Brave and Committed Individuals that I know are Hispanic, you do our Country a tremendous disservice with blanket assumptions or accusations.

TT

[Rockitz]

There is one answer to the problem of illegals but a lot of people might not like it.

Set the minimum wage to $12 hour. 3/4 of the illegals would be gone in 3 months. We would have to pay more for products/services but I don't need to go out to eat that much.

You'll like HR 3095. See Democrats Will Use Immigration to Divide and Conquer

[flying Elvis]

Bert lives on an estate near Calhoun and doesn't have to associate with the common folk. I used to work in Calhoun and Bert would send his servants in to town to buy what he needed. He's never seen an illegal except through the window of his limo or from a helicopter.

[TexasTransplant]

>>>>"I will take door number 3"<<<

You have officially accepted the booby prize, what you do with it in the privacy of your own home is none of my business.

Just for fun, unsubstantiated accusations or promotion of the same are very unbecoming and seem to have repercussions with a hang time measured in years. However there are ways around it, you can change your handle or prove your assertion.

TT

TT

[panthermom]

Employers hire them because they can get over on them bigtime. Most, not all, would never sue, or do anything to bring attention to themselves so there is no accountability. Plus they're a dime a dozen.

[cowboy_code]

Enforce the existing law and support the House's Bill.
EMAIL your congresspersons NOW.
=
The current or old immigration law on the books...

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

RICO -- Citizen Recourse

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the RacketeerInfluenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, AND CAN INCLUDE NONPROFIT ASSOCIATIONS.

Tax Crimes

Employers who aid or abet the preparation of false tax returns by falling to pay income or Sodall Security taxes for Illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In addition to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.

"Any person who ... encourage-, or induces an alien to ... reside . . . knowing or in reckless disregard of the fact that such ... residence is ... in violation of law, shall be punished as provided ... for each alien in respect to whom such a violation occurs ... fined under title 18 ... imprisoned not more than 5 years, or both," Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S, or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States Without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form 1-9 for every employee hired. Employers must retain all 1-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the 1-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the 1-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an Illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding Illegal aliens is not protected by the First Amendment. It Is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Afiens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altedrig records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recidessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' Imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.

Enforcement

A person or entity having knowledge of a violation or potential violation of emiployer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual aflegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrant less interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens, Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture, The forfeiture power covers any conveyances used within the U.S.

===

[frannie]

I did't say they were illegals. I simply stated that they couldn't speak English.

I'm not sure what year my grandmother came here from Norway.She was 16,I am 83, but she had to know some English. Nor did she teach us one word of Norwegian. For which I am sorry.

N.C. has the largest increase in Hispanics, percentage wise, than any state in the Union. So I read last night.
If they are all legal they are really allowing huge numbers into the country.

[TexasTransplant]

I'm Norsky Too!

My Grandfather immigrated from Norway, homesteaded in North Dakota around 1915 or so married my Grandmother in Idaho (she was from England) Grandma made fun of Grandpa's English and he would tell Swede jokes, Yodel the community that they lived in was largely Russian, German and Jewish and Never did I ever perceive or think that other than just Farmer issues was there any ethnic or racist problems.

I now live in South Texas, only 55 years younger than my Grandfather and basically outside of the big cities we live the same way as my Grandparents, everyone gets along, now the problem that exists is Illegals crossing the border, killing cattle, tearing down fences, the Coyotes (Smugglers) are basically Mafia and dangerous people, challenges like these have brought us even closer together, it is only in the Cities where Politics and the biggest cost of illegals is being felt (like Welfare, Health care and Education) are really doing serious damage is where there are racial problems.

I still think illegal immigration is more of a "business" problem and should be dealt with that way

Now having said that, National Security is a risk because of an open Border, it isn't Racist to control our Borders, if Mexico thinks it is, why do they have border control on their southern border?

I know I kind of wandered around a bit, just nice to post to another Norski. And like you my Mom regretted not having learned or being taught any Norwegian, that part of our heritage is lost, I shouldn't complain much, my Wife is from the Philippines and she won't teach Tagalog to our children either, and she is adamant she doesn't think highly of the Philippines at all, except for their Schools, which are about 5 times better than anything she has seen here (in her estimation, and as educated as she is I will have to agree)

I enjoyed your post very much

TT

[Kimberly GG]

"Personally I think anyone injured by an illegal alien should try to sue the company that hired them."

I pulled this up and added it to 'immigration' because I saw a post by a friend of JP's on another thread that brought up the possibility of a connection between a soon to be made Decision on the Mowhawk case/RICO and what I, and apparently many others, have been perceiving as a very odd rush to pass an immigration bill, literally, in the next two weeks. JP, I think your friend may have hit the nail on the head as to WHY.

Prior to Bush's speech, I know I've questioned why:

- The borders have remained unsecured.
- after 20 some years and 5 years post 9/11, the timing NOW of needing to make a decision about such a controversial and devisive issue just before an extremely crucial election
- D.C. barely acknowledging and allowing, on more than one occassion, 10s of thousands of illegals, in numbers greater than local LE can hande and at risk to our national security, to take to the streets, close down major cities and threaten to shut down the country in an effort to intimidate our lawmakers into giving into their demands.
- May 1 shutdowns of major companies who employ illegals, but no enforcement action taken against them
- Show and Tell 'enforcement' arrests, but catch and release
- Almost bizarre and repeated denials that the 'earned' amnesty plan is amnesty.
- etc.

And then,

- Sudden need to send NG to enforce border security, but doesn't give them enforcement responsibility.
- In his speech, Bush's very illogical statement, "To secure our border, WE MUST create a temporary worker program", said in an effort to 'marry' and convince us that border security is absolutely dependent on amnesty.
- Kennedy then making the same case yesterday. It's like a three legged stool, must have all three in order to work, border security, amnesty, and enforcement of laws, blah, blah, blah, shouting down anyone who said otherwise.
- the Senate voting down an attempt to separate them...unbelievably, NO BORDER SECURITY WITHOUT GUEST WORKER.

I wonder if we are being blackmailed into accepting, in exchange for Border Security, a package that includes amnesty for BOTH the illegals and their employers, because, among other things, once a guest worker program is in place, the illegals are no longer illegal, and the employers are off the hook from threats of RICO lawsuits?

JP's friend said that the current Senate bill even has a provision that provides 'amnesty' for prior acts by employers of illegals. Under RICO, imagine the fines and sentences for heads of corporations like TYSON FOODS, PURDUE, MOWHAWK, etc. Remember wondering WHY nothing was done after May 1 shutdowns when it was clear to everyone that they were hiring illegals?


Court Considers Use of RICO To Attack Hiring of Illegals
http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1146051864053

Things that make you go hummmm?

[BlueStateDepression]

It's because employers don't want to pay all the costs associated with hiring people

YUP! My next door neighbor has a home improvement business. We had tornados roll thru here recently that did a lot of damage and he is swamped.

He wanted to hire a few guys on a short term basis with the plan to keep three on for the longer term.

He found out that he had to pay an up front TEN GRAND in order to provide workman's comp. I guess here that is a flat fee for hiring between 1 and a dozen workers.

This is the first time I have seen, in person, where laws prohibited the hiring of Americans. He needs the workers to build the cash to pay for the required insurance but he needs the insurance to put those guys to work. Pure FOOLISHNESS!

Wanna bust illegals? Take a look at Beardstown Illinois. Latino population grew there by some 6000% over a few short years. There is a hog rendering plant there. IMAGINE THAT!

[Kimberly GG]

"RICO -- Citizen Recourse

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the RacketeerInfluenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, AND CAN INCLUDE NONPROFIT ASSOCIATIONS."

I just found this in your post. See mine above as it relates!