OCAHO Reduces I-9 Fine from $87K to $17K

"ICE’s motion for summary decision sought penalties in the amount of $86,933.00 and offered in support the Declaration of Karen Rahlf, Forensic Auditor, dated October 18, 2011 and an accompanying Memorandum to Case File Determination of Civil Monetary Penalty. The government asserts that the...

OCAHO on a Roll, Reduces More I-9 Penalty Amounts

"The Office of the Chief Administrative Hearing Officer (OCAHO) has issued a number of decisions in the past few weeks that support a trend of reducing penalty amounts. The employers include March Construction, Inc. , Forsch Polymer Corp. , BKR Restaurants (dba Burger King), and Barnett Taylor ...

OCAHO Reduces I-9 Fine from $13K to $5K: USA v. Taste of China

"Considering the record as a whole, the only factor not weighing in the company’s favor is the seriousness of the violations. The penalties requested are so near the maximum permissible as to appear disproportionate to the size and resources of the business, particularly in light of its character...

OCAHO Reduces I-9 Fine from $22K to $10K: USA v. Nebeker, Inc.

"The government’s complaint sought penalties of $15,427.50 for Count I and $7199.50 for Count II, or a total of $22,627.00 based on an assessment of $1028.50 for each violation. ... Even absent an adequate record the penalties requested here are so near the maximum permissible as to appear...

OCAHO Reduces I-9 Fine from $22.4K to $9.6K; Employer 'Unaware' of I-9 Form

"The company’s answer to the complaint asked for reduction in the proposed penalties because the respondent is a small cafe unable to pay a fine of $22,440 as is requested. The answer notes that Imperial Valley, California, has the highest unemployment rate in the nation, that the restaurant...

OCAHO Reduces I-9 Fine from $77K to $41K: USA v. Fowler Equipment Co., Inc.

"Considering the record as a whole and the statutory factors in particular, the proposed assessment appears unduly harsh and will be adjusted as a matter of discretion to a result closer to the mid-range of permissible penalties. The seventeen violations involving failure to prepare and/or present...

OCAHO Reduces I-9 Fine from $44K to $33K: USA v. Black & Blue Steak & Crab

"The gravamen of the amended complaint is that the respondent hired seventy-three named individuals and failed to ensure that each properly completed section 1 of Form I-9, or failed itself to properly complete section 2. ICE seeks penalties in the amount of $605 for each violation alleged, or a...

OCAHO Reduces I-9 Fine from $34.9K to $14.5K: Seven Elephants Distributing Corp.

"Presently pending is ICE’s motion for summary decision. While no formal response was filed to the motion, the respondent filed financial information as well as hire and termination dates for its employees as previously requested. The letter of transmittal providing that information states...

OCAHO Reduces I-9 Fine from $82K to $15K: USA v. Siwan & Sons, Inc.

"As explained in United States v. Pegasus Restaurant, Inc., 10 OCAHO no. 1143, 7 (2012), proportionality is critical to setting penalties. The amount should be sufficiently meaningful to accomplish the purpose of deterring future violations, United States v. Jonel, Inc., 8 OCAHO no. 1008, 175, 201...

OCAHO Reduces I-9 Fine from $49K to $9K: USA v. Siwan & Brothers, Inc.

"As explained in United States v. Pegasus Restaurant, Inc., 10 OCAHO no. 1143, 7 (2012), proportionality is critical to setting penalties. The amount should be sufficiently meaningful to accomplish the purpose of deterring future violations, United States v. Jonel, Inc., 8 OCAHO no. 1008, 175, 201...

OCAHO Reduces I-9 Fine from $80K to $30K: USA v. A&J Kyoto Japanese Restaurant

"Potential penalties in this matter range from $10,010 to $100,100, and the government seeks $79,942.50 . A&J is, as it says and as the record reflects, a small restaurant in the rust belt that has a high employee turnover rate, that did not employ any unauthorized aliens, and that has no history...