Business News
ICE Probe of Nevada McDonald’s Franchisee Results in Guilty Pleas by Local Corporation and Current and Former Executives on Immigration Charges
2008-07-16 16:23:00
McDonald's Franchisee Admits to Two Felony Counts - Agrees to Pay $1
Million Fine
WASHINGTON, July 16 /EMWNews/ -- One current and one
former top executive for a franchisee that owns 11 McDonald's restaurants
in and around Reno, Nev., and the corporation itself pleaded guilty in
federal court in Las Vegas today to federal felony immigration offenses for
encouraging illegal aliens to reside in the United States. These charges
stem from an investigation by U.S. Immigration and Customs Enforcement
(ICE) into allegations the company knowingly hired illegal alien workers.
U.S. Attorney for the District of Nevada Gregory A. Brower and
Department of Homeland Security Assistant Secretary for ICE Julie L. Myers
announced the plea agreements, which are the latest developments in an ICE
probe that began in March 2007 after the agency received a tip about a
possible incidence of identity theft from the sheriff's office in Lyon
County, Nev.
In a hearing this morning in Las Vegas before U.S. District Court Judge
James Mahan, attorneys for Mack Associates Inc., which owns the Reno-area
McDonald's restaurants, pleaded guilty on behalf of the franchisee to one
count of conspiracy to encourage and induce an alien's unlawful residence
in the United States and one count of aiding and abetting an alien to
remain in the United States, both felony offenses. Joe Gillespie, 53, of
Sparks, Nev., the Director of Operations for Mack Associates Inc., also
pleaded guilty to one count of aiding and abetting an alien to remain in
the United States. Both defendants waived indictment by a federal grand
jury and agreed to plead guilty to criminal informations.
The government and Mack Associates agreed that the corporation will pay
a $1 million fine -- $500,000 for each count, the maximum allowed -- and be
placed on probation during the period that the fine is outstanding. The
court accepted this agreement and sentenced Mack Associates today to one
year of probation and ordered the corporation to pay the agreed upon fine,
with $300,000 payable immediately and the balance to be paid within nine
months.
The plea agreement details how Mack Associates' management employed
individuals they knew were in the country illegally, including two
restaurant managers, by furnishing them with names and Social Security
numbers belonging to other individuals.
In addition, Jimmy Moore, 47, the franchisee's former vice-president,
pleaded guilty to one felony count of inducing an illegal alien to remain
in the United States. At sentencing, Moore faces a maximum penalty of up to
five years in prison and a $250,000 fine.
A third defendant in the case, Anntoinette Richmond, 44, the
corporation's controller, has been charged with one misdemeanor count of
continuing employment of an unauthorized alien.
"This case should serve as a reminder to employers that knowingly
hiring illegal aliens violates federal law," said U.S. Attorney Brower.
"Companies and their managers who engage in such conduct are on notice that
violations will be prosecuted and that the criminal penalties can be
significant."
"This investigation clearly shows our resolve to pursue those who
willfully violate our nation's hiring laws, regardless of their place on
the corporate ladder," said Assistant Secretary Myers. "On television,
criminal cases are wrapped up in an hour; but in real life, these
investigations are complex and can take months, or even years, to build. We
will invest whatever time it takes to ensure that those who flout the law
are brought to justice."
In September 2007, ICE agents executed federal search warrants at the
11 McDonald's restaurants owned by Mack Associates in the Reno area and at
the franchisee's corporate office. During the operation, agents encountered
58 illegal aliens who were working illegally at the McDonald's restaurants.
The illegal alien workers were arrested on administrative immigration
violations and processed for removal. Approximately 30 of those workers
have been returned to their native countries. The remaining illegal workers
were provided with documentation allowing them to remain in the United
States pending the outcome of the criminal investigation.
Since its establishment in 2003, ICE has dramatically enhanced its
efforts to combat the unlawful employment of illegal aliens in this
country. ICE's comprehensive strategy for worksite enforcement is aimed at
promoting national security and public safety, protecting critical
infrastructure, and ensuring fair labor standards.
Thus far in fiscal year 2008 (October 2007 through July 11, 2008), ICE
has made 937 criminal arrests in connection with worksite enforcement
investigations. Of those, 99 involve owners, managers, supervisors or human
resources employees who face charges ranging from harboring to knowingly
hiring illegal aliens. In addition to the criminal arrests, ICE has made
more than 3,500 administrative arrests for immigration violations during
worksite investigations in that same time frame. Last year, ICE made more
than 4,900 arrests in worksite enforcement cases, including 863 involving
criminal violations. Last year's figure represents a 45-fold increase in
criminal worksite arrests compared to fiscal year 2001. Furthermore, in
fiscal year 2007, ICE obtained more than $31 million in criminal fines,
restitutions and civil judgments as a result of worksite related
enforcement actions.
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