Employers Still Held Accountable for Info In No-Match Letters
April 23rd, 2010 § Leave a Comment
Michel Malecot, Owner The French Gourmet
On April 21, 2010, a sixteen count indictment was unsealed that alleges the owner, manager, and The French Gourmet, a San Diego bakery, knowingly employed undocumented workers. Michel Malecot, the owner of the bakery, and Richard Kauffmann, a manager, are charged with twelve felony counts of making false statements and shielding undocumented employees from detection. If convicted, they face a maximum of five years in prison for each count, a $250,000 fine for each count, and three years of supervised release. The indictment is also seeking criminal forfeiture of the company’s proceeds that were gained from the business’ unlawful activities, including the company’s building that is valued at $1.3 million according to county records. Both men entered not guilty pleas and posted bail.
The government has built the case on the no-match letters from the Social Security Administration and records seized by a warrant in May 2008. Social Security no-match letters are issued by the Social Security Administration and notify an employer that the names and numbers of specific employees do not match.
The indictment alleges that, after receiving no-match letters from the Social Security Administration, the managers paid the employees in cash until a new set of documents with different Social Security numbers were provided.
Employers should seek legal advice if they have received Social Security no-match letters in the past. This indictment shows that employers are still being held accountable for the information contained in the no-match letters.
Rumblings of Immigration Reform
April 1st, 2010 § 1 Comment
Immigration reform. It’s an emotional hot-topic issue that has increasingly gained attention over the past couple of weeks. Here is a snapshot of what is happening:
The March
Immigration advocates march on Washington, 3.21.10. Photo Credit: Luke Sharrett/The New York Times.
- Two hundred thousand immigrant advocates marched on Washington on March 21, 2010, calling on President Obama to deliver on his campaign promise of immigration reform and persuade Congress to take up the issue.
- According to a news report on NPR, the marchers called on lawmakers to pass legislation that would improve the treatment of detained immigrants, allow a guest-worker program and create a pathway to citizenship for millions of undocumented workers.
- According to CNN.com article, President Obama addressed the crowd via a videotaped message displayed on huge screens and said he would do “everything in my power” to get a bipartisan deal within the year.
Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC)
Senator Schumer and Senator Graham published an opinion article in the Washington Post on Friday, March 19, 2010, which outlined their proposal for immigration reform:
- “Our plan has four pillars: requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.”
- The Senators concluded their article by saying, “The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms.”
Photo Credit: Alex Wong / Getty Images for Meet the Press
According to CNN.com article, published on March 22, 2010, Obama called the senators’ plans promising and said it should be the basis for moving forward. He called on Congress to act on that plan at the earliest possible opportunity.
Senator Schumer and Senator Graham appeared together on Meet The Press, March 28, 2010, where they discussed immigration reform.
- Senator Graham reminded the audience that immigration reform will be a difficult task to undertake, “Immigration is tough, you don’t have to ask anyone other than me to tell you that. It is a tough heavy lift.”
- Senator Schumer pushed for reform, “The system is broken, it lets the wrong people in, excludes the wrong people and so we need to fix it. I would urge that try to get this done because its so important for America.”
President Obama
According to President Obama’s website, his blueprint for immigration reform contains three points:
During his campaign, Obama listed immigration reform as a first-year priority. Some say healthcare reform has overshadowed any endeavors towards immigration reform.
- Barack Obama will secure our borders: Obama and Biden want topreserve the integrity of our borders. They support additional personnel, infrastructure, and technology on the border and at our ports of entry.
- Improve our immigration system: Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.
- Bring people out of the shadows: Obama and Biden support a system that requires undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens.
As the topic of Immigration reform continues to gain momentum and as new information emerges, GoffWilson is committed to keeping bLAWg readers updated on this issue.
