ICE Uncovers $6 Million Scheme to Employ Illegal Aliens in 14 States (labor racketeering, 45-count indictment )
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ICE Uncovers $6 Million Scheme to Employ Illegal Aliens in 14 States
ICE arrested eight individuals on May 26 on charges related to labor racketeering, forced labor trafficking, and immigration and other violations in 14 states. The arrests stemmed from an unsealed 45-count indictment returned by a federal grand jury against 12 defendants, including eight Uzbekistan nationals. (ICE Press Release, May 27, 2009; DOJ Press Release, May 27, 2009).
The indictment alleges that Abrorkhodja Askarkhodjaev — a citizen of Uzbekistan residing in Mission, Kansas — owned and operated a labor leasing company in Kansas City, Missouri. Through his company and a dozen other businesses, Askarkhodjaev allegedly secured fraudulent labor contracts for housekeeping, cleaning services and other duties with clients in the hotel/resort, casino and construction industries in 14 states, including: Missouri, Kansas, Alabama, Arizona, California, Colorado, Florida, Louisiana, Massachusetts, Minnesota, Nevada, New Jersey, South Carolina and Wyoming. To fulfill the contracts, the businesses allegedly used foreign nationals who either entered the United States illegally, overstayed their visas, or did not have legal authorization to reside or work in their specific locations during their term of employment. (DOJ Press Release, May 27, 2009).
The indictment accuses Askarkhodjaev and several associates of committing a long list of other crimes. These include failing to pay employment taxes; failing to pay overtime; failing to pay workers in the manner required by federal regulations; defrauding insurance companies; employing illegal aliens and threatening the illegal workers with physical harm in order to coerce them to work. In addition, DOJ alleges that Askarkhodjaev and his associates used false information in order to obtain certification and approval for hundreds of foreign H-2B workers. (Id.).
The indictment further alleges that Askarkhodjaev and his associates required the foreign nationals they lured to the United States to work where they assigned them, but then threatened to cancel the immigration status of aliens who refused to work as directed. The aliens were allegedly charged numerous fees and were forced to reside in exorbitantly priced apartments, which were exclusively secured and controlled by Askarkhodjaev's businesses. These fees and expenses, combined with the lack of payment for hours worked, often resulted in the aliens receiving a paycheck with negative earnings, which was allegedly meant to ensure that the workers never made enough to repay debts, purchase transportation home, or to pay for their living expenses. (Id.). Acting U.S. Attorney Matt Whitworth described the apartments as "crowded, substandard and overpriced." (The Kansas City Star, May 27, 2009).
Whitworth summarized the charges against the 12 individuals: "This RICO indictment alleges an extensive and profitable criminal enterprise in which hundreds of illegal aliens were employed at hotels and other businesses across the country. The defendants allegedly used false information to acquire fraudulent work visas for these foreign nationals." (Workforce Management, May 28, 2009). Acting special agent in charge of ICE James Gibbons noted that "the indictment alleges that this criminal enterprise lured victims to the United States under the guise of legitimate jobs and a better life, only to treat them as modern-day slaves under the threat of deportation." ICE estimates that the scheme resulted in proceeds of at least $6 million. (ICE Press Release, May 27, 2009).
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