Making Immigration Happen
Chicago Woman Arrested for Selling Fraudulent Identity Documents to Illegal Aliens
A woman was arrested Wednesday, February 13, 2013, on charges she allegedly sold fraudulent identity documents to illegal aliens. These charges resulted from an investigation conducted by U.S. Immigra

Tag Archives: Department of Labor

Fugitive Utah Attorney Indicted for Alien Smuggling and Visa Fraud is Captured

A Salt Lake City immigration attorney who fled following his 2009 indictment on alien smuggling and visa fraud charges is headed to back to Utah after being captured while attempting to re-enter the U.S. on Christmas Day, 2012, at the San Ysidro Port of Entry near San Diego.

James Hector Alcala, 44, fled the U.S. in December 2010 and a federal arrest warrant was issued after he violated conditions of his pre-trial release. Alcala made his initial appearance in federal court in San Diego Dec. 26, 2012. Alcala waived his right to a preliminary hearing scheduled for Tuesday, January 8, 2013, which now paves the way for his transfer to Utah in the coming weeks to face charges.

The case investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the U.S. Department of State’s Diplomatic Security Service; U.S. Citizenship and Immigration Services; and the U.S. Department of Labor uncovered an alien smuggling ring, of which investigators believe Alcala and his law firm participated.

Alcala, the Alcala Law Firm, Westside Property Management, and seven other individuals are charged with conspiracy to commit alien smuggling and visa fraud; encouraging and inducing illegal aliens to come to, enter, or remain in theUnited States; and visa fraud. According to the federal indictment unsealed in July 2009, the defendants conspired to profit financially by assisting Utah employers in obtaining H-2B visas for their foreign national workers by fraudulently representing to the federal government that the foreign nationals were eligible for visas when, in fact, they were not.

Carlos Manuel Vorher, 46, of Tooele; Andres Lorenzo Acosta Parra, 34, of Salt Lake City; and Westside Property Management have since pleaded guilty to charges stemming from their involvement in the case. Sentencing hearings are pending.

Charges against two individuals named in the indictment, Daniel Trigo Villavicencio, 34, of Oremand Gustavo Ballesteros-Munoz, 49, of West Jordan, have been dismissed by federal prosecutors. A fugitive warrant remains in place for Carlos Enrique Gomez-Alvarez, 44, of Salt Lake City, who fled the country in 2009 after his arrest and initial appearance on the charges in New York.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Utah.

Arizona Company President Sentenced for Hiring of Illegal Aliens

The president of a Sierra Vista drywall company was sentenced Thursday, April 5, to one  year of probation and ordered to pay fines totaling $450,000 following a probe by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) that revealed the business employed illegal aliens.

Ivan T. Hardt, 45, of Cananea, Mexico, the president of Sun Drywall and Stucco, Inc., was sentenced by U.S. District Judge Raner C. Collins. As part of a plea agreement, Hardt also agreed to pay $225,000 in restitution to the U.S. Department of Labor for overtime back wages owed under the Fair Standards Act and an additional administrative forfeiture of $225,000 to ICE. To date, Hardt has paid the full amount owed in restitution and $75,000
of the forfeiture agreement.

“Today’s sentence should serve as a warning to employers who knowingly circumvent our
nation’s hiring laws,” said Matt Allen, special agent in charge of HSI Arizona. “Hiring unlawful workers not only fuels illegal immigration and perpetuates a shadow economy, but it negatively impacts job opportunities for our nation’s lawful work force. HSI will continue to work with our partners at the U.S. Attorney’s Office to aggressively investigate and prosecute these cases and hold such employers accountable.”

Hardt was arrested following a 16-month HSI Arizona investigation into the company’s
hiring practices that determined Sun Drywall had employed at least 27 illegal aliens and the company did not present employment documents when asked during a federal inspection.

Sun Drywall also pleaded guilty to unlawful employment of aliens and the company was sentenced to five years of probation. Under the probation terms, the company cannot knowingly hire, recruit or employ illegal aliens and is required to maintain employment verification forms for each employee. The company also agreed to waive the three-day notice requirement for federal inspection of employee files during the probation period.

HSI Arizona was assisted in the investigation by the U.S. Department of Labor. The
case was prosecuted by assistant U.S. attorney Jane L. Westby of the U.S. Attorney’s Office, District of Arizona.

Atlanta Businessmen Sentenced for Immigration and Tax Scam

Three owners of an Atlanta meat supply business have been sentenced to serve time in federal prison following a joint investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Internal Revenue Service (IRS).

Rhett Maughon, 49, of Decatur, Ga., Rafael Villarreal, Sr., 42, of Suwanee, Ga., and Marcus Maughon, 47, of Decatur, were sentenced Wednesday, February 22, 2012 by United States District Judge Thomas W. Thrash, Jr. to serve time in federal prison on charges of tax and immigration fraud.

“Today’s sentence should serve as a stern warning to employers who perpetuate a shadow
economy by hiring an illegal workforce,” said Brock D. Nicholson, special agent in charge of HSI Atlanta. “The defendants knowingly hired illegal workers and circumvented our nation’s immigration and tax laws for financial gain. The goal of our enforcement efforts is two-fold — reduce the demand for illegal employment and protect job opportunities for lawful American workers.” Nicholson oversees HSI activities in Georgia and the Carolinas.

“The defendants’ unwritten business ‘success’ plan for Atlanta Meat Company included
cutting legal corners by hiring undocumented workers and evading federal taxes, in part by ensuring that the cash they received in their business never made it to their accountant’s books,” said United States Attorney Sally Quillian Yates. “In the end, their plan failed miserably. The secret profits they enjoyed for a short time cannot make up for the years they will now spend in federal prison.”

IRS Special Agent in Charge Rodney E. Clarke said, “One of the primary missions at IRS Criminal Investigation is to deter tax fraud through publicizing that offenders are caught and punished. I would like to reassure taxpayers that as they file their tax returns this filing season, the IRS remains vigilant in detecting tax fraud and making sure that everyone pays their fair share.”

Rhett Maughon was sentenced to five years in prison to be followed by three years of
supervised release, and ordered to work 100 hours of community service. Villarreal was sentenced to five years in prison to be followed by three years of supervised release, and ordered to submit to removal proceedings with ICE following completion of his prison term. Marcus Maughon was sentenced to three years in prison to be followed by three years of supervised release, and ordered to work 100 hours of community service. All three defendants pleaded guilty in October, following approximately two days of trial testimony but before the close of the government’s case-in-chief. Each defendant received the
maximum sentence of imprisonment authorized by law.

Significant investigative support for the case was also provided by the FBI and the U.S.
Department of Labor.

Brian D. Lamkin, special agent in charge, FBI Atlanta Field Office, stated: “The
business practices of these three defendants appear to be based on being above the law. Choosing to ignore federal tax laws and U.S. immigration laws is no way to run a business. The FBI will continue to work with its various law enforcement partners in ensuring that these types of blatant violations of U.S. laws are not tolerated.”

“Today’s sentencing highlights our efforts to investigate fraud against the Department
of Labor’s Unemployment Insurance program. These defendants falsely reported
employee wages and failed to pay related employment taxes for considerable personal financial gain. The Office of Inspector General and its law enforcement partners remain committed to combating these types of crimes,” stated Richard Walker, special agent in charge for the Atlanta Regional Office of the U.S. Department of Labor’s Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.

According to information presented in court: From early 2001 until June 2006, the
defendants and two others, who are not named as defendants in the indictment,
jointly owned Atlanta Food Authority, doing business as Atlanta Meat Company,
which was in the business of supplying meat products to restaurants throughout
the Southeast. Some of the company’s customers paid in cash. The defendants did
not record all the cash received on the company’s books, and instead used the
cash paid by their customers to pay themselves and employees cash wages.

Employees at Atlanta Meat Company were told when they were hired that they would receive a certain amount as “take home pay.” Most employees were paid that
amount partly in cash and partly by check. Some employees were paid entirely in
cash. The defendants and one of the other owners then divided the remaining
cash equally among themselves. The defendants did not report the cash wages the
company was paying to the payroll service they used to prepare the company’s
weekly paychecks. The payroll service prepared quarterly tax filings on behalf
of the company, which purported to report all wages paid to the employees and
owners. However, because the payroll service was not told about the cash that
was paid to the employees and owners, the quarterly filings were false and
fraudulent and the Atlanta Meat Company underpaid its employee withholding
taxes. In addition, the defendants failed to disclose the cash wages to the
accountant who prepared the company’s corporate tax returns, therefore, the
corporate returns for 2005 and 2006 were false and fraudulent. Each defendant
also failed to report the cash he received as income on his personal tax returns
for 2005 and 2006.

The Atlanta Meat Company employees who were paid entirely in cash were illegal
aliens who lacked authorization to work legally in the United States. A number of the employees who were paid partly in cash and partly by check were also illegally present in the United States and were not authorized to work in this country.

Rhett Maughon and Villarreal each pleaded guilty to a conspiracy count charged in superseding information. Marcus Maughon pleaded guilty to filing a false individual income tax return for the 2005 year.

This case was investigated by special agents of the Internal Revenue Service, HSI,
Federal Bureau of Investigation and United States Department of Labor — Office
of the Inspector General.