BOSTON - Early this morning in an Immigration and Customs
Enforcement-led investigation, federal authorities executed a search
warrant at the New Bedford business Michael Bianco, Inc. (MBI). The
owner of the company and three managers were arrested on charges in
connection with alleged hiring of illegal aliens. Another individual
was arrested on charges that he provided fraudulent identification
documents to workers at the factory, announced United States
Attorney Michael J. Sullivan, Assistant Secretary of the Department
of Homeland Security Julie L. Myers, and Immigration and Customs
Enforcement special agent in charge Bruce M. Foucart.
Following
the arrests, criminal complaints were unsealed today charging MBI
owner Francesco Insolia, 50, of 3 Country Club Circle, Pembroke,
Massachusetts; payroll manager Ana Figueroa, 40, of 150 Thompson
Street, New Bedford; plant manager, Dilia Costa, 55, of 43 Sherman
Street, New Bedford; and office manager Gloria Melo, 41, of 135
Sprague Street, Fall River, with conspiring to encourage or induce
illegal aliens to reside in the United States, and conspiring to
hire illegal aliens. Luis Torres, 45, of 500 South Second Street,
New Bedford, was charged in a separate complaint with the knowing
transfer of fraudulent identification documents. The defendants will
appear in federal court today before a U.S. Magistrate Judge.
As a result of today's arrests and search warrant, hundreds of
MBI employees will be interviewed to determine their alienage and
immigration status. Aliens who are unlawfully in the United States
will be charged administratively and placed in removal proceedings.
"It is understandable that many from around the globe would want
to come to live, work and raise families here in the greatest
democracy in the world. However, this must be done in compliance
with U.S. immigration laws - not in violation of them," commented
U.S. Attorney Sullivan. "Employer accountability is essential to
ensuring the integrity of the nation's immigration system and
knowingly hiring illegal immigrants is a violation of law, plain and
simple, and those responsible will be prosecuted."
"Unlawful employment is a powerful magnet driving illegal
immigration," said Assistant Secretary Myers. "Egregious hiring
practices, widespread use of fraudulent documents, and blatant
disregard for the rule of law made this case a priority for ICE."
According to affidavits filed in support of the complaints and
search warrant, MBI, located at 89 West Rodney French Boulevard in
New Bedford, was established by Insolia in 1985 and specializes in
the manufacture of handbags and other fine leather goods. Between
2001 and 2003, MBI won a number of Department of Defense contracts
worth a total of approximately $10 million to manufacture certain
products for the U.S. military. In 2004, MBI received another
Defense contract worth approximately $82 million. As a result of
these Defense contracts, from 2001, MBI began to substantially
increase its workforce. It is alleged that from 2001 through 2003,
MBI had approximately 85 employees. In 2004, MBI nearly quadrupled
its workforce to 325 employees. MBI has continued to expand and in
2005 had approximately 520 employees. According to the affidavits,
it is alleged that MBI presently maintains a workforce of more than
500 employees.
Based on information provided to law enforcement by a cooperating
witness as well as an undercover investigation in which an ICE agent
posed as an illegal alien and obtained work at MBI, it is alleged
that Insolia and other MBI employees working on his behalf have
knowingly and actively been hiring illegal aliens to fill their
expanding workforce. It is alleged that although MBI requires all
prospective employees to produce proof of their identity and their
eligibility to work, the company is aware that many employees have
obtained fraudulent Alien Registration Cards, commonly known as
"green cards," and Social Security Cards. It is alleged that MBI
management has even instructed prospective employees, including the
undercover ICE agent, on how to obtain such fraudulent documents.
According to the affidavits it is alleged that the undercover ICE
agent informed several MBI management level employees, including
Insolia, that she had come to the United States illegally from
Mexico "without papers." It is alleged that Figueroa was one of two
managers who informed the undercover ICE agent as to how she could
purchase a fraudulent Social Security Card. According to the
affidavits, one fraudulent document source to whom the undercover
ICE agent was directed was Torres, who works at Aries Record Shop
located at 971 Brock Avenue in New Bedford. It is alleged that
Torres supplied the undercover ICE agent with a fraudulent Alien
Registration Card and Social Security Card for a fee of $120.
According to the affidavits, after beginning work at MBI the
undercover ICE agent met separately with Melo and Insolia and
explained that she had come from Mexico without papers and had no
money to eat or a place to live. Insolia agreed to give her a $150
advance on her pay despite understanding she had no papers.
According to the affidavits in December 2005, when word reached
MBI that ICE officials were conducting an investigation at a nearby
New Bedford company, Costa announced over the loud speaker that
Insolia had stated all MBI employees were free to leave the
building. After the announcement, approximately 75 employees ran and
hid -some in their vehicles and others in boxes on the third floor
at MBI.
It is alleged that Insolia continues to maintain a workforce of
whom the majority are illegal aliens. It is further alleged that he
intentionally seeks out illegal aliens because they are more
desperate to find employment, and are thus more likely to endure
severe workplace conditions he has imposed. It is alleged that these
conditions include: docking of pay by 15 minutes for every minute an
employee is late; fining employees $20 for spending more than 2
minutes in the restroom and firing for a subsequent infraction;
providing one roll of toilet paper per restroom stall per day,
typically resulting in the absence of toilet paper after only 40
minutes each day; fining employees $20 for leaving work area before
break bell sounds; and fining employees $20 for talking while
working and firing for a subsequent infraction.
According to the affidavits, since 2002 the Social Security
Administration (SSA) has been sending MBI "no match" correspondence
informing the company that many of the Social Security Numbers (SSNs)
that MBI was supplying the SSA on employees' W-2s forms, were
fraudulent or invalid - oftentimes belonging to adolescents born
sometime between 1991 and the present or belonging to individuals
who were deceased. Specifically, in 2002, the SSA notified MBI that
19 of the 83 employee SSNs (or 23% of the workforce) it had
submitted were deficient in some manner; similarly in 2003, 11 of 85
SSNs (13%) submitted were deficient; and in 2004, 10 of the 85 SSNs
(12%) were deficient. In 2005, MBI submitted SSNs on two occasions -
after the first submission, MBI was notified by the SSA that 36 of
the 151 SSNs (24%) were deficient, and following the second
submission MBI was informed that 142 of the 326 SSNs (44%) were
deficient.
In 2006, the SSA notified MBI that 301 of the 521 SSNs (58%)
submitted were deficient. Most recently in 2007, MBI submitted 646
SSNs of which SSA has preliminarily determined that 428 (66%) of the
SSNs are deficient. If convicted, Insolia, Figueroa, Costa and Melo
each faces a maximum sentence of 6 months in prison, and a $3,000
fine for each illegal alien hired by MBI on the conspiracy to hire
illegal aliens charge; and 10 years in prison, to be followed by 3
years of supervised release and a $250,000 fine on the conspiracy to
encourage illegal aliens to reside in the United States charge.
Torres faces a maximum sentence of 15 years in prison, to be
followed by 3 years of supervised release, and a $250,000 fine.
The investigation is continuing.
ICE has created a 24-hour toll-free hotline for family members of
the illegal aliens who have been arrested to field questions about
their locations and about the removal process. The phone number is:
866-341-3858.
The case is being investigated by Immigration and Customs
Enforcement, with assistance from the Social Security
Administration's Office of Inspector General, the Department of
Defense's Criminal Investigative Service, the Massachusetts
Insurance Fraud Bureau, and the U.S. Postal Inspection Service. The
New Bedford Police Department and the U.S. Coast Guard provided
public safety assistance. Assistant U.S. Attorney Donald Cabell in
Sullivan's Criminal Division is prosecuting the case.
The details contained in the complaints are allegations. The
defendants are presumed to be innocent unless and until proven
guilty beyond a reasonable doubt in a court of law.