Howard Industries’ HR manager indicted following ICE worksite enforcement operation

Jose Humberto Gonzalez, a human resources manager for Howard Industries, Inc, was indicted on federal charges of conspiracy and employee verification fraud in connection with the hiring of undocumented workers at the company’s electric transformer manufacturing facility in Laurel, Mississippi, announced Stan Harris, Acting United States Attorney for the Southern District of Mississippi, and Michael A. Holt, Special Agent-in-Charge of ICE’s Office of Investigations in New Orleans, on May 7, 2009. Howard Industries, itself, is not accused of any wrongdoing in the indictment.

Gonzalez’s 25-count indictment follows an August 2008 sweep of the Laurel plant, during which 595 undocumented workers were subject to administrative arrest based on evidence related to aggravated identity theft, fraudulent use of Social Security numbers and other crimes. ICE’s sweep was the largest ever worksite enforcement action undertaken by the agency. Of those arrested, nine were charged criminally with aggravated identity theft and ultimately pled guilty to federal identity fraud charges.

"ICE aggressively targets employers who egregiously violate immigration laws by knowingly employing an illegal alien workforce," said Holt. "This indictment demonstrates firsthand how ICE agents use our investigative tools to pursue those who take advantage of illegal labor for personal profit."

In the indictment unsealed May 7, Gonzalez was charged with conspiring to commit multiple offenses against the United States, including encouraging illegal aliens to reside in the United States, attempting to conceal and harbor illegal aliens and falsely attesting to the validity of employment-related documents. The indictment alleges that it was a part of the conspiracy that Gonzalez, on behalf of Howard Industries, would routinely hire undocumented workers and in the process of such hiring would accept false identity documents, including alien registration receipt cards and Social Security cards. The indictment further states that, as part of the conspiracy, Gonzalez would submit Social Security numbers provided to him by applicants at the Laurel plant to the Social Security Administration to verify their numbers and, after being notified by the Social Security Administration that the Social Security numbers (SSNs) of such applicants were not found to be valid, Gonzalez would nonetheless hire and continue to employ such persons. As charged, it was also a part of the conspiracy that Gonzalez would instruct employees to obtain alternative identity documents which he knew falsely represented their true identities. The indictment further charges that it was also a part of the conspiracy that Gonzalez would assure Spanish-speaking foreign nationals working at the Laurel plant that they would be warned if immigration authorities were coming to the plant.

In addition to the conspiracy charge, Gonzalez was charged with 24 counts of falsely certifying to the employment eligibility of job applicants and employees. The indictment charges that, on various dates, Gonzalez falsely certified, under penalty of perjury, on Form I-9 Employment Eligibility Verification that he had examined the documents listed on the Form I-9 and determined them to be genuine and that, to the best of his knowledge, the applicant was eligible to work in the United States, whereas in fact he had been notified by the Social Security Administration that the SSNs of such applicants were not found to be valid.

Gonzalez faces a maximum of five years of imprisonment on each count. In addition to possible imprisonment, he faces a maximum fine of $250,000, and three years of supervised release for each count. Harris stressed that the indictment represents an accusation only and all defendants are entitled to a presumption of innocence.

Reprinted with permission. © CCH
(Submitted May 12, 2009)

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