Reporting from San Diego—Laura Duffy for U.S. Attorney General!
The owner and the manager of a French restaurant in San Diego were sentenced in federal court Thursday to serve probation and pay fines after pleading guilty to knowingly hiring undocumented immigrants.
Michel Malecot, 59, the owner of French Gourmet, was sentenced to five years of probation and ordered to pay $396,575 in fines, authorities said. Richard Kauffmann, 59, the manager, was sentenced to three years of probation and ordered to pay $2,500 for his role in hiring the undocumented immigrants to work in the restaurant's bakery and catering businesses.
U.S. Atty. Laura Duffy said the convictions and sentences should act as a warning to other businesses.
"When employers do not comply, we will take vigorous enforcement action to ensure they do not profit from this illegal tactic," Duffy said.
This sort of enforcement seems as if it would be sufficient all by itself to take care of the vast majority of the country's illegal alien problem. Despite hand-wringing from government officials about how enforcement won't work because of the magnitude of the problem, and how we couldn't possibly ever build a border fence because... well, because, if enough employers lose hundreds of thousands of dollars in fines, no one will hire illegals. Yes, I know, that makes too much sense for anyone in our government.
I will hazard a guess that plenty of federal, state, and local prosecutors would be more than willing to do what Laura Duffy has done, but likely are being restrained by their various bureaucracies. Furthermore, prosecuting employers could be much more politically palatable and closed to charges of racism, etc.
It's absurd to deal with leftoids as if everything is above board. Totally absurd. Of course the problem can be solved with a flick of the wrist.
ReplyDeleteConservatives are a lot like the guy who sees a scammer faking a seizure and tries to force something into his mouth to keep him from biting his tongue off, etc. They're like the straight man in a comedy duo.
Typical, they go after a european... Will they close down businesses where even the owner himself is illegal?
ReplyDeleteYou would think liberals would be ecstatic that there is a new untapped source of revenues waiting to be had. The best way to handle this is to set up a “Safe Harbor” provision in the law that says that if an employer uses E-Verify and collects two biometric-tamper proof-machine readable forms of ID that he is essentially off the hook. This is important for two reasons. The first is that employers do not need to live in fear and can conduct their normal business operations. The second point is that the government can then JACK UP THE FINES for those who fail to comply, including the illegals themselves. Right now employers can claim ignorance due to the proliferation of false and fraudulent ID which buys them a measure of sympathy in the government and public’s eye. Without that worry you can just add an additional zero or two onto the fines and watch these guys really sweat. Hiring illegal labor is addictive and most employers that do know exactly what they are doing. It gives a company a clear business advantage over their rivals and once a company does it there is a tendency to continue cheating. The template has been made and all the employer does is repeat the same set of procedures of collecting fake green cards and social security cards. Most employers do not cheat but the ones that do, really cheat.
ReplyDeleteIf the employer were required to accept only biometric cards then 99% of the problem would be solved because most illegals would not apply for work. But more than that, the employer would now be in possession of incriminating evidence including a picture and FINGERPRINT of the illegal alien thereby anchoring that person’s identity. Part of avoiding a fine would be turning this evidence over to the INS. The reverse would also be true, an illegal alien caught at the border, nabbed for committing a crime or for overstaying a Visa would also have their fingerprints on record which could be cross checked when they applied for work. This would mean that there would be an enhanced penalty for getting caught being here illegally because you would then never be able to work on the payroll again which is what most of them would like to ultimately do.
Proper financial incentives would end illegal immigration by taking away the financial incentive for coming here, which is the main reason 99% of illegals sneak in.
ReplyDeleteFirst step is to put in place a big fine for hiring an illegal. A fine so big that no illegal is worth it, say $10,000 per illegal, per day they are hired.
Second step is to put in place a big reward for reporting someone who is hiring an illegal. Let's say the person who reports it gets half of the fine money that is collected. And let them make the report with their identity protected, so you could turn in a neighbor for hiring an illegal to clean their house without the neighbor finding out it was you who turned them in.
Third step is to give a big financial reward to the enforcement agency and enforcement agents for hustling out to the workplace when they get a report of someone hiring an illegal and catching them in the act. Say the other half of the fine money goes to the agency, with special bonus money for the agents who actually get out there and catch the employer.
As a final twist, allow illegals to report their own employer and collect the reward money for turning them in (they will collect the money and be deported). No employer could be sure that an illegal who was planning to go back to their home country anyway might not decide to turn the employer in for a nice big bonus to take home with them.
With those financial incentives in place, there will not be a job for an illegal in this country. No employer would be crazy enough to risk hiring one because it is almost certain they'd be reported for the big reward and that the enforcement agency would hustle out there and catch them in the act.
For those illegals who don't need a job (perhaps they live off of a girlfriend, or are making money selling drugs) put in place similar financial penalties. The penalty is confiscation of all of their assets, with half of them going to the person who turned them in and the other half to the enforcement agency.
Now no illegals at all will want to stay.
Cost to taxpayer: nothing. All the cost is financed out of the penalties.
No need to search all over the country to find illegals, either - people eager to get the rewards will tell the enforcement agency exactly where to find them.
Just put those financial incentives in place and the illegals will stream out of the country themselves.
Do you want to know where you can find tons of illegals, all in one sitting? The welfare office, that's where. Hordes of them are getting Food Stamps (EBT, LINK, etc) and Medicaid for their anchor children, and in this state for children under 18 who might also be illegal. They have no fear whatsoever; they get a ride to the welfare dept (differently named in various states) and openly state they are "undocumented". Their applications are processed just like anyone else. In this state the welfare dept is prohibited by it's own rules from reporting them to immigration. This city is also a "sanctuary" city, thanks to various politicians. Years back the various welfare agencies went on hiring binges to get bi-lingual workers just to service the illegals. Think of it, a government agency shielding lawbreakers from other government agencies. There are lists of thousands and thousands of illegals, all over the US, complete with names and addresses available, yet kept secret. The Federal government could probably take action to force a turnover of the info yet doesn't make a move. They prefer ineffective and small scale actions like in the story whereby they can grab some money and grandstand.
ReplyDelete"Second step is to put in place a big reward for reporting someone who is hiring an illegal. Let's say the person who reports it gets half of the fine money that is collected. And let them make the report with their identity protected, so you could turn in a neighbor for hiring an illegal to clean their house without the neighbor finding out it was you who turned them in."
ReplyDeleteWhat about a reward for just turning in someone you know is illegal? I knew someone who had a neighbor who was an illegal. They raided his house and arrested him and kept in him jail until they deported him. They didn't arrest the kids, but they were illegal too. This was a Polish guy. I don't know how often this happens.
Somebody must have turned him in.
That's what I was saying for over a decade now: start jailing (yes, jailing!) employers of illegals and the problem will solve itself in no time. Problem is, the treasonous government refuses to do its job and enforce the laws.
ReplyDeleteNanonymous said...
ReplyDeleteThat's what I was saying for over a decade now: start jailing (yes, jailing!) employers of illegals and the problem will solve itself in no time. Problem is, the treasonous government refuses to do its job and enforce the laws.
In a democracy, special interests can prevent things they do not like from happening. Like preventing the laws from being enforced.
You would think liberals would be ecstatic that there is a new untapped source of revenues waiting to be had
ReplyDeleteThat is a good point. At this stage I don't even care if this type of enforcement would significantly curtail illegals. All I know is that I'd rather see businesses like this pay huge fines than me having my income and property taxes raised.
If they are going to use speeding tickets as a revenue source, might as well use this too.
I hope this could be positive but I am uncertain. I do not trust any action by government and its officials.
ReplyDeleteSo they fined that business owner. And those illegals? Where will they finish? They will remain illegal and they will find quickly another place to work. Nothing will happen to them.
Funny fining a business while any state institution openly encourages illegals over citizens. As above said, health care; and housing, food stamps and so on.
This is just an operation against a private business, illegals are just an excuse. Otherwise, where are the Feds who sued Arizona? Where is Eric Holder and his forcing the banks to loan to the trash of the society?
Nothing will happen to those illegals. Do not believe otherwise.
You are of course right that the employees may find another source of work; this won't work unless employers are consistently penalized. But it's a step in the right direction.
ReplyDeleteThis will work and is the only solution to the US illegal problem.
ReplyDeleteIt's true that there will be no effect on the illegals working at the business. That is a feature not a bug. It provides no obvious 'victim' other than a fat, bloated capitalist with whom the MSM has no sympathy.
Indeed, as Traveller says, this is just another example of Anarco-tyranny.
ReplyDeleteGovernments like to have lots of laws on the books so they can tyrannize those who don't toe the line.
Must have gotten the wrong person sick.
ReplyDeleteDennis - can i ask for clarification on the following point :
ReplyDeleteWhat about a reward for just turning in someone you know is illegal? I knew someone who had a neighbor who was an illegal. They raided his house and arrested him and kept in him jail until they deported him. They didn't arrest the kids, but they were illegal too. This was a Polish guy. I don't know how often this happens.
Somebody must have turned him in.
Dennis - can anyone answer - how often is it that an illegal that is already living inside the usa is arrested and held until deportation?
how many people a year are expelled from the USA this way
Dennis - can anyone answer - how often is it that an illegal that is already living inside the usa is arrested and held until deportation?
ReplyDeleteCouldn't say. It does happen, but we always hear about numerous exceptions where authorities either fail to do anything or release someone pending deportation and that person of course never shows his face again.
I think the answer to "how often?" is, "Not often enough".
This is just an operation against a private business, illegals are just an excuse.
ReplyDeleteBut it sends out the message to other unscrupulous business owners that they too could end up out of business if they hire illegals. That's good. Besides I get pleasure knowing that this greedy bastard, Michel Malecot, has been punished for his criminality. Conservatives need to get over their love affair with business. Many of the anti-racist, pro-illegal groups are funded by the private sector so beloved by conservatives.
Traveler,
ReplyDeleteIt will take more than workplace enforcement to stop illegal immigration but it is an absolutely essential part of the solution. Also, it will have a much greater impact than its advocates would like you to believe. Many employers are scared out of their wits of E-Verify and what will happen to their businesses if they are forced to change.
I know this because I sell employee benefits for a living in California. I have lost HUNDREDS OF THOUSANDS OF DOLLARS over my career to companies that hire illegal labor. Part of that is in direct sales but a bigger part is from sales lost by companies that are constantly undercut by their competitors who use illegal labor. Try setting up a health insurance plan for a restaurant, landscaper, or drywall contractor. None of them can do it even if they intend well. If you think we should have pity for these crooked employers you are sadly mistaken. I have advised hundreds of companies, many who currently employ illegal labor, and all of them are quite aware of how to get around the rules.
There is a cosmic justice in fining employers who hire illegals. The employers who will pay the largest fines are the ones who have most benefited from their actions. They will also immediately lose their competitive advantage as soon as they have to hire legally. This is the way it should be and don’t ever let anyone tell you otherwise. If you want to show mercy, make the fines progressive with the second and third ones crippling. This is also why we need to insure there is a safe harbor (like on pension plans) so employers who follow the rules won’t be bothered.
Once it becomes impossible for businesses to successfully hire illegals the pro-illegal side will be robbed of one of their two main wellsprings of support (largely Republican and conservative). They will piss and moan about “regulations” and “freedom” and all the other words cooked up by think tanks to hide their real agenda but nobody is fooled by that anymore. This will leave the ethnic lobby and other liberal traitors exposed, unfunded and forced to fight alone.
TV shows like Bones should stop showing African American heads next to caucasian heads. The African Americans look so tiny next to the caucasians.
ReplyDeleteEven on TV they show blacks chimping out ... The Closer.
ReplyDeleteIf one course of action is cheaper than another in business, when competition intensifies the day will inevitably come when not taking the cheaper option will mean going out of business. I think this applies to the hiring of illegals. Many employers may have had to hire them to keep up with their competitors or face business failure and financial ruin. In a properly-run country, they could solve this problem just by reporting their competitors to the authorities, but under the American anarcho-tyranny this is not an option. Decades of non-enforcement of the immigration laws have forced many otherwise honest people to buy into the corrupt system.
ReplyDelete"What about a reward for just turning in someone you know is illegal?"
ReplyDeleteMake it hefty and advertise it in black neighborhoods.
Poultry Inspector,
ReplyDeleteWhat you say is true. This is why I mentioned that I cannot sell employee benefit plans in specific INDUSTRIES such as a restaurant, landscaper, or drywall (the list goes on). Once the number of illegal workers hits a critical mass the profit margins disappear and none of the companies can afford any benefits, starting with health insurance. This also applies to legal workers in those industries. The honest employers will always be underbid. I don’t even bother prospecting in those industries because of that. Those workers just end up in the emergency rooms with their families where we all get to pay for it.
This is why it is important that we get the penalties for hiring illegal worker correct. Rather than conduct large scale work place raids it will be far more effect to use high speed computers and printing machines. As I have said, use a Safe Harbor documentation system so honest employers have little to fear. Maybe allow a short time period (6 months?) before the fines start which will allow employers to clean up their own affairs and then make the fines progressive. Save the raids for the repeat offenders.
As I have also said, there is a certain cosmic justice or karma at work. The most egregious offenders will be the ones that have to change the most and some will not be able adapt and so die. Most of them do not seem too bothered that my business and family have suffered so there will not be a lot of weeping.
Think of it, a government agency shielding lawbreakers from other government agencies.
ReplyDeletePersonally, I've always marvelled at this wonderful feature of American gov't; the left hand never knows what the right is doing.
They prefer ineffective and small scale actions like in the story whereby they can grab some money and grandstand.
Which makes it the perfect solution. I'm 100% in favor of this method. All it needs is stepped-up enforcement (i.e., stepped up to enforcing it).
It will take more than workplace enforcement to stop illegal immigration
Right. It will take driving up the costs of illegal labor above the costs of native labor. But that can be done solely using this method. Just beefed up. Biometrics, as MnMark suggested (he can keep the rest of that fascist snitch-state stuff), plus draconian penalties. They take drug dealers' houses and cars, they can confiscate scab peddlers' assets too.
If you want to show mercy, make the fines progressive with the second and third ones crippling.
That's a good idea, spares the good guys who just made a mistake. But it would put even more onus on diligent enforcement; the whole idea here is to make employing illegals into a reverse lotto - small chance of being caught, but you go under if you are.
Once it becomes impossible for businesses to successfully hire illegals the pro-illegal side will be robbed of one of their two main wellsprings of support (largely Republican and conservative). They will piss and moan about “regulations” and “freedom” and all the other words cooked up by think tanks to hide their real agenda but nobody is fooled by that anymore. This will leave the ethnic lobby and other liberal traitors exposed, unfunded and forced to fight alone.
Absolutely right. Businesses always lobby for more freedom, but once they get the message of how things are going to be, they suck down the Kool-Aid like there's no tomorrow. Just look at "Diversity." People who think business will constantly be fighting back against this are kidding themselves.
The immigration problem is an elite-manufactured problem. Our bug is their feature. A few guys here have outlined how to solve the problem on the equivalent of the back of a paper napkin.
OT
ReplyDeleteJudge gives Bangladeshi student persission to stay in the UK...because he loves cricket
Judge Susan Pitt ruled that the initial refusal of a visa renewal 'amounted to a disproportionate interference with private life that deserved respect'.
I'm looking for something to respect myself these days. But I'll pass here.
Mr Munawar now hopes to get a job with an accountancy firm and has plans to take part in an arranged marriage after his imam lined up a potential bride.
Yes, a regular Brit.
This is an encouraging development. Many employers get around paying even the minimum wage by hiring illegals who are afraid to complain. Ive found two examples of such:
ReplyDeleteOne story detailed hotels (some of them national brand names) paying maids on a 'by the room cleaned' basis, not per hour. They had gotten away with not even paying these people minimum wage, and in some cases refusing to pay them overtime, and were fined for doing so:
http://www.tennessean.com/article/20111215/BUSINESS01/312150046/U-S-Labor-fines-11-Middle-TN-hotels-wage-violations
I also read of agricultural workers in Alabama being paid by the number of 25 lb. containers of tomatoes they picked, instead of by the hour. The end result was that workers were often getting paid roughly $60 for 11 hour days picking tomatoes. Thats not even $5.50 per hour, a full $1.80 under minimum wage.
http://www.sunjournal.com/news/columns-analysis/2011/11/26/froma-harrop-alabama-labor-law-failure/1119603
Im not against incentives for more production, but the minimum wage is the law and if someone isn't performing well enough to justify it then they should simply be dismissed, not underpaid.
Svigor writes:
ReplyDelete"The immigration problem is an elite-manufactured problem. Our bug is their feature."
Well said.
"that fascist snitch-state stuff"
More like bolshevist snitch-state stuff.
Question to Prof. Woland: You say:
ReplyDelete"I cannot sell employee benefit plans in specific INDUSTRIES such as a restaurant, landscaper, or drywall"
Why specifically? Is it because the employee benefit plan vendor requires copies of W-2 forms for verification and illegals are customarily paid off the books?
Related question: Does anyone know if Michel Malecot was paying his undocumented employees on or off the books?
If off the books isn't he also in trouble with the IRS for failing to deduct payroll taxes?
If he paid them on the books he had to report a social security number to the IRS for each of them when he made payroll tax payments - with most or all of these social security numbers likely being bogus.
Does the IRS routinely use E-Verify to check all employee social security number that accompany employer payroll tax submissions? If it does what does the IRS do when it identifies an incorrect number?
If it notifies the employer then this seems like proof that the employer has been made aware that it's employing illegals.
JAM,
ReplyDeleteIllegal aliens are a disposable workforce. Why pay for their health insurance / retirement when there is always one more where the last one came from who is younger, healthier, hungrier, and more desperate? The companies that hire illegals then under bid everyone else for work squeezing profit margins to the point where nobody else can buy benefits either. The situation becomes cancerous because the most egregious employers grow faster than the honest ones and eventually corner the market.
The insurance companies accommodate illegals by accepting Matricula card numbers on applications in lieu of social security numbers and not looking too close at names and social security numbers. By the time I see them I have no way of really knowing who is legal and who isn’t or even who is who. Occasionally I will be notified to make name or social security number changes once somebody becomes legalized. I have even run into situations where people I have insured were living under assumed identities they started with a borrowed passport ( I have also insured people who were in the witness protection program, where hiding from abusive spouses, and even one person who kept a low profile because a family member had a fatwa on their head).
Biometrics will clean all this shit up which it is why we need to adapt a system where everybody’s ID is anchored. Within 10 to 20 years we will have a system where everybody’s medical records will be electronically stored. If we don’t fix the problem we will begin to see a fair number of people actually dying because of mistaken identity. If Dr. A tells Patient B to take a certain drug but Patient B is really Patient C, oops.