No Reduction of Fine in Latest OCAHO I-9 Case: USA v. Symmetric Solutions ($77K)

No Reduction of Fine in Latest OCAHO I-9 Case: USA v. Symmetric Solutions ($77K)

"The government’s motion contends that it is entitled to summary decision as to both counts, as well as to penalties totaling $77,000. ... [W]hile I do not necessarily concur with all aspects of the government’s rationale, Symmetric has pointed to no reason for reducing the penalties and the government reached an appropriate result by imposing penalties at or near the maximum.  See United States v. Fowler Equip. Co., 10 OCAHO no. 1169, 6 (2013) (observing that penalties close to the maximum permissible are reserved for the most egregious violations).  Apart from the fact that Minerva is a small employer, there are no equities favoring the company, and the function of a maximum penalty here is not punitive, but prophylactic and corrective.  While Symmetric represented in an earlier pleading that Minerva is now closed, no evidence confirms this assertion. Although OCAHO case law has long affirmed that penalties are not intended to put employers out of business, see, e.g., Felipe, 1 OCAHO no. 93 at 631, that precept has no application to this case.  The presence in this country of employers who deliberately and cynically profit from defying multiple laws and standards governing employer conduct corrupts our economy and undermines the rule of law; such conduct needs to be deterred. ... The government’s motion for summary decision is granted. Symmetric Solutions, Inc. is liable for seventy violations of 8 U.S.C. § 1324a(a)(1)(B) and is ordered to pay a civil money penalty of $77,000." - USA v. Symmetric Solutions, Feb. 6, 2014.