ALBANY, N.Y. - Glenn T. Suddaby, United States Attorney for the Northern District of New York, and Julie L. Myers, Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement (ICE) announced today that a grand jury has returned a six-count felony indictment against five current managers of the Pallet Management Division of IFCO Systems North America ("IFCO"). The six-count felony indictment charges the defendants with engaging in a Conspiracy to Harbor Illegal Aliens, to Encourage and Induce Illegal Aliens, and to Transport Illegal Aliens.
"Under our national worksite enforcement strategy, ICE is bringing to justice corporate managers who harbor illegal aliens for their workforce in order to gain an unfair business advantage over their competition," said Julie L. Myers, Assistant Secretary of U.S. Immigration and Customs Enforcement. "Today's indictments are the result of significant work by ICE and the United States Attorney's Office, and represent a substantial step forward in this major national worksite enforcement investigation."
Charged in the indictment are:
The indictment further charges DAVIDSON, HOSKINS, SOTO CASTILLO, and MUDRA, with Aiding and Abetting the Harboring of Illegal Aliens (Count 2), and Encouraging and Inducing Illegal Aliens to Reside in the United States (Count 3). SOTO CASTILLO is also charged with three counts of Transportation of Illegal Aliens for the purpose of commercial advantage and financial gain (Counts 4-6).
The indictment stems from a long-term investigation by ICE of illegal employment-related practices at IFCO plants nationwide. The investigation began in February 2005, when an employee of the IFCO plant in Albany, NY, called ICE to report that Hispanic workers at the plant were ripping up W-2 forms and a manager told him they were doing so because they were illegal aliens, had fake social security cards and did not intend to file their taxes.
On April 19, 2006, agents arrested seven current and former managers and executed search warrants at 9 IFCO facilities, including the Houston headquarters of the company. At the same time, a worksite enforcement action was conducted at over 40 IFCO plants nationally. ICE detained nearly 1,200 illegal aliens working at the plants at the time, the majority of the foreman and manual laborers present at theplants. Nearly all of the pallet workers and foremen ICE encountered at IFCO newest plants were illegal aliens - for example, 24 of 26 pallet workers in Albany, NY; 18 of 19 in Rittman, OH; 20 of 21 in Boston, MA; and all of the 27 pallet workers in St. Louis, MO; were illegal aliens.
Seven IFCO managers pled guilty in 2007 to felony and misdemeanor charges related to the unlawful employment of illegal aliens and await sentencing on those charges.
The indictment alleges that the conspiracy to harbor, encourage and induce, and transport, illegal aliens took place between at least April 2004 and April, 19, 2006, and that the conspiracy had the following manner and means:
All charges carry a ten-year maximum term of imprisonment, with the exception of the aiding and abetting charge, which has a five-year maximum term of imprisonment. All counts carry a maximum potential fine of $250,000.
The criminal investigation is being conducted by ICE; the New York State Police, New York State Intelligence Center (NYSIC) and Special Investigation Unit; the Social Security Administration, Office of Inspector General; the Internal Revenue Service, Criminal Investigation; and the U.S. Department of Labor, Wage and Hour Division.
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U.S. Immigration and Customs Enforcement (ICE) is the largest investigative arm of the Department of Homeland Security.
ICE is a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities. For more information, visit www.ICE.gov. To report suspicious activity, call 1-866-347-2423 or complete our tip form.