VOL. 17 ISSUE NO. 28   |   JULY 13 – 19, 2011

BY LINDA BENTLEY | JULY 13, 2011

Trailer manufacturer convicted of knowingly employing illegal aliens

Taylor falsely certified aliens were not current employees, were living in Mexico and there were no qualified U.S. workers to fill the jobs

arizona trailer manufactoring logoArizona Trailer Manufacturing, Inc. and its owner Richard Taylor each pled guilty to a criminal charge of knowingly employing illegal aliens, were fined a total of $30,000 and placed on two years probation.

PHOENIX – On July 6, Richard Taylor and his Buckeye based trailer manufacturing company were each sentenced to two years of probation and fined a total of $30,000 in criminal fines for knowingly employing illegal aliens.

Each is ordered to pay $15,000, to be paid in monthly increments of not less than $250.
Taylor and Arizona Trailer Manufacturing, Inc. each entered plea agreements, pleading guilty to violating Title 8 U.S.C. §§ 1324a(a)(2) and 1324a(f)(1), Pattern or Practice of Knowingly Continuing to Employ Unauthorized Aliens, a class B misdemeanor.

Violations are punishable by a maximum fine of $3,000 for each unauthorized alien, six months imprisonment, or both, a term of supervised release of up to one year, or a maximum term of five years of probation.

Although Taylor became aware in mid-2007 that 10 of his company’s employees were Mexican citizens lacking authorization to work or reside in the United States, rather than terminating their employment, he continued to employ them.

Taylor not only continued to employ them, he and Arizona Trailer subsequently submitted work-authorization applications to the U.S. Department of Labor and to U.S. Citizenship and Immigration Services on behalf of all 10 employees, falsely certifying in most of the applications, the applicant was not a current employee, was living in Mexico and there were no qualified U.S. workers to fill the job.

U.S. Attorney Dennis K. Burke said, “This is a unique case because both the owner and the company itself were sentenced and fined for knowingly employing illegal aliens. When employers find out their employees are unauthorized to work in this country, they can’t continue employing them. This was an ongoing pattern that we have put to an end.”

According to the probable cause statement attached to the criminal complaint, In June or July of 2007, Arizona Trailer and Taylor learned at least 10 of the company’s employees, including Juan Duran-Gonzalez, Alexandra Napoles-Rodriguez, Luis Gonzalez-Chavoya, Jose Navarro-Hernandez, Ruben GarciaAmezcua, Miguel Navarro-Hernandez, Juan Licon-Castillo, Rafael Martinez-Oros, Juan Gomez-Lopez, and Jorge Rendon-Encinas, were illegal aliens; more specifically, Mexican citizens who had unlawfully entered the United States and/or were unauthorized to work in this country.

However, all 10 of the aliens identified in the complaint remained on Arizona Trailer’s payroll throughout 2008 and throughout the first quarter of 2009.

Arizona Department of Economic Security wage reports indicated six of the 10 continued earning wages from Arizona Trailer as recently as the last quarter of 2010.

When Immigration and Customs Enforcement (ICE) Special Agent Wesley Walters interviewed Taylor on Sept. 21, 2010 regarding the issue, Taylor admitted he became aware of the unauthorized status of some of his employees in June or July of 2007 but continued to employ them despite that knowledge.

ICE Special agent Matt Allen stated, “This is yet another example of ICE executing a criminal investigation into an employer who contributed to the magnet driving illegal immigration in the United States by knowingly violating our laws.”

In September 2009, Licon-Castillo, was indicted for taking the identity of another in violation of A.R.S. 13-2008, a class 4 felony.

He entered a plea agreement in October 2009, where he pled guilty to an amended count of criminal impersonation, designated a class 6 felony.

Licon-Castillo was fined $1,000 and received a suspended sentence with 18 months of supervised probation.

Condition 20 of his probation states he shall not remain in or return to the United States illegally if deported or processed through voluntary departure.

It’s not clear if his charge for taking the identity of another was linked to the Arizona Trailer case.

Navarro-Hernandez was cited in June 2007 for a stop/stand/park on road violation and no valid license. He pled guilty/responsible in Buckeye Municipal Court, where he was fined and signed up to make time payments. In September 2010, the record was destroyed as per the court’s retention schedule, without any indication as to whether or not Navarro-Hernandez ever paid his fine.

Martinez-Oros was cited in Buckeye on Oct. 15, 2007 for a brake light violation, no valid license and failure to produce evidence of financial responsibility. He pled guilty/responsible in November 2007 and was fined. However, he was sent letters in April, August and September 2008, and May 2009 for being late with his payment. Without indicating if the fines were ever paid, the record was destroyed in May 2011, as per the court’s retention schedule.

After being cited again on Oct. 29, 2007 for no valid license, Martinez-Oros pled guilty and signed up for time payments. That record was destroyed as well in November 2010.

Martinez-Oros was cited again in July 2009 for a red light violation and no valid license in Buckeye. He pled guilty and signed up for time payments. That record was destroyed in May 2011.

Records indicate Gomez-Lopez was cited in El Mirage in September 2002 for a DUI, stop sign violation, no valid license and a passenger in possession of an open container of alcohol.

Gomez-Lopez failed to appear, had his lack of license suspended and a warrant was issued for his arrest.

This type of behavior also appears to be an ongoing pattern that has yet to be addressed.

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