March 2, 2007

President of Garcia Labor Companies sentenced to 15 months in prison for conspiring to provide illegal workers to a national air cargo firm
Companies ordered to forfeit $12 million, the largest such forfeiture ever

CINCINNATI — The president and co-owner of two temporary labor service companies was sentenced in U.S. District Court here today for his role in a conspiracy that provided hundreds of illegal aliens to work for a national air cargo firm in Wilmington, Ohio.

Maximino Garcia, 43, was sentenced today by Senior U.S. District Judge S. Arthur Spiegel to 15 months in prison followed by two years of supervised release, and he was fined $25,000.  His companies were also required to forfeit $12 million, representing the illegal proceeds of the crime.  This is the largest ever forfeiture in an illegal labor case.  Garcia was also order to forfeit property located at 586 Prairie Ave. in Wilmington, Ohio.

Garcia’s companies conducted more than $12 million in financial transactions that represented proceeds of harboring, transporting, and inducing aliens to reside and remain in the United States illegally. Garcia is expected to enter into a restitution plan with ICE to settle the forfeiture.

Today’s sentence was announced by Gregory G. Lockhart, U.S. Attorney for the Southern District of Ohio, Julie L. Myers, Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE), William Cotter, special agent in charge, U.S. Social Security Administration Office of Inspector General, Chicago Region and Gordon S. Heddell, Inspector General, U.S. Department of Labor.

“Today’s sentence includes the largest forfeiture amount ever ordered in an illegal labor case,” said Julie Myers, Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE). “Companies that use cheap, illegal alien labor as a business model should be on notice. ICE is dramatically enhancing its enforcement efforts against illegal employment schemes.”

Garcia owned Garcia Labor Co. Inc., incorporated in Morristown, Tenn., and Garcia Labor Co. of Ohio Inc., based in Wilmington, Ohio.  The companies pleaded guilty on Oct. 3, 2006 to one count of conspiracy to encourage, and induce, and aid and abet illegal aliens to reside or remain in the United States for the purpose of commercial advantage or private financial gain.

Beginning in December 1999, Garcia’s companies began contracting with ABX Air Inc., a cargo transportation company that operates an airline providing package sorting, handling and line-haul services in Wilmington, Ohio, to provide temporary workers to sort freight.

“The workforce of temporary laborers assigned to ABX was almost entirely made up of Hispanic workers of Mexican origin who, for the most part, did not read, write or speak English,” Lockhart said. “Until at least mid-2003, applicants filled out employment eligibility forms, known as I-9 forms, which were pre-printed to list two specific forms of identification: a Resident Alien card and a Social Security card.” 

Gordon S. Heddell, Inspector General, U.S. Department of Labor, stated “Companies and individuals that circumvent the foreign labor certification process to commit immigration fraud through the hiring of undocumented workers must be held accountable for their actions.  My office will continue to work closely with the Office of Inspector General, Social Security Administration, the U.S. Immigration and Customs Enforcement, and the U.S. Attorneys’ Offices on such cases to help ensure the integrity of our nation’s immigration laws.”

Garcia and McCarroll conducted financial transactions in the amount of more than $12 million that represented proceeds of harboring, transporting and inducing aliens to reside and remain in the United States illegally.

The Social Security Administration issued a number of notices in 2002, 2003 and 2004 in which hundreds of Hispanic workers employed by Garcia Labor were listed as using invalid Social Security account numbers. Despite such notices, Garcia Labor continued to employ these workers and took no substantive action to determine whether they were authorized to work in the United States. 

Two others pleaded guilty in the case and have been sentenced. Gina Luciano, 40, director of Human Relations for Garcia Labor Co. in Tennessee, was sentenced on Feb. 15 to eight months in prison, followed by two years of supervised release; she was also fined $7,000. Dominga McCarroll, 53, Garcia’s sister and former vice president of the two companies was sentenced on the same day to two months in prison followed by two years of supervised release; she was also fined $5,000.

Lockhart commended the cooperative investigation by agents of ICE, Social Security and the Department of Labor’s Inspector General, along with the Clinton County Sheriff’s Office, and Assistant U.S. Attorney Anne Porter, who prosecuted the case.

-- ICE --

U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.

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