LexisNexis® Legal Newsroom
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 .

I-9 bust at Mich. dairy farm leads to probation for owners, almost $3M in fines

"The owners of Aquila Farms, LLC, were sentenced Tuesday to three years of probation and ordered to pay fines totaling $234,000 for hiring [unauthorized] aliens and aiding and abetting each other to do so. The convictions were the result of an investigation conducted by U.S. Immigration and...

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 $41K to $9K; ICE Must Specify Violations: USA v. Super 8

"In order to establish liability for a particular violation, it is first necessary for the government to state with specificity what the violation is. See United States v. Stanford Sign and Awning, Inc., 10 OCAHO no. 1145, 7 (2012). ICE was accordingly directed after the prehearing conference to...

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...

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...