OCAHO levies $173K fine on drywall company for I-9 violations

"KDS is directed to pay penalties totalling $173,250.00." USA v. Ketchikan Drywall Services, Inc., Aug. 11, 2011 .

Lessons from Ketchikan

"Recently, the Department of Justice, Office of the Chief Administrative Hearing Officer (OCAHO) published a precedent decision ( United States of America v. Ketchikan Drywall Services, Inc. ) regarding liability for Form I-9 mistakes and omissions. As with previous such cases, the decision...

More Lessons from Ketchikan

"Today, we’ll wrap up our review of the Ketchikan case and provide some takeaways for organizations that are ready to clean their I-9 house." - John Fay, Oct. 31, 2011 .

OCAHO on I-9 violations: Alyn Industries

"The complainant’s motion for summary decision is granted as to liability, and granted as modified with respect to penalties. Alyn Industries, Inc. is directed to pay a total of $43,000 in civil money penalties. All other pending motions are denied. The parties are free to negotiate a payment...

OCAHO Reduces I-9 Fine from $15.8K to $7.4K: U.S.A. v. Metropolitan Warehouse

"Proportionality is essential in setting penalties, Pegasus, 10 OCAHO no. 1143 at 7. The goal is to reach a result that is sufficiently meaningful to accomplish the purpose of deterring future violations, United States v. Jonel, Inc., 8 OCAHO no. 1008, 175, 201 (1998), without being “unduly...

2013 OCAHO I-9 Penalty Trends: Bruce E. Buchanan

"The first thing that stands out about 2013 decisions from the Office of Chief Administrative Hearing Officer (OCAHO) is that there was a major uptick in the number of substantive decisions – 30, up from 11 in 2012." - Bruce E. Buchanan, Jan. 23, 2014 .

OCAHO Reduces I-9 Fine from $265K to $89K: USA v. Two For Seven, LLC

"ICE has requested a penalty of $935 per violation, totaling $264,605 for two hundred eighty-three violations. ... ICE’s proposed fine, moreover, amounts to more than half of the company’s income for 2011, an excessive fine for a relatively small business located in an economically depressed...

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...

OCAHO Reduces I-9 Fine from $22K to $9K: USA v. New Outlook Homecare

"The total penalty sought was $21,598.50. ... Given the nature of the business and considering the record as a whole in light of the general public policy of leniency toward small entities set out in the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq. (2006), amended by § 223(a) of...

OCAHO Reduces I-9 Fine from $332.8K to $228.3K: USA v. M&D Masonry, Inc.

"[C]onsideration of the record as a whole persuades me that the principle of proportionality would be better served by adjusting the penalties to an amount that is still near the higher end of the mid-range, but somewhat lower than the $981.75 sought by the government. Penalties so close to the...

CAHO Vacates, Remands Crescent City Meat; New Decision

"Because, in my view, ICE did not attempt to charge Respondent with violations for any individuals hired before November 6, 1986, I find no overreach in ICE’s NIF or Complaint in this case. ... Accordingly, because the ALJ’s penalty assessment was based at least in part on a finding...

OCAHO Reduces I-9 Fine from $90K to $25K: USA v. Century Hotels

"Immigration and Customs Enforcement (ICE or the government) filed a four-count complaint alleging that Century Hotels Corporation, d.b.a. Scottsdale Thunderbird Suites (Century or the company) engaged in ninety-one violations of 8 U.S.C. § 1324a(a)(1)(B). ... The total penalty sought was ...