Another Illegal Alien Employer Nailed by Feds
Jim Kouri, CPP
May 03, 2006
The owner of an Indiana company that performed stucco-related services at construction sites in at least seven Midwest states has been charged with money laundering, harboring illegal aliens, transporting illegal aliens and making false statements, according to a 12-count criminal indictment unsealed in the District of North Dakota late Monday.
The indictment is the result of an investigation by the Minot, ND, office of US Immigration and Customs Enforcement, with assistance from the US Border Patrol, a division of US Customs and Border Protection, and the North Dakota Highway Patrol. The case is being prosecuted by Assistant US Attorney Nick Chase of the US Attorney's Office for the District of North Dakota.
Robert Adrian Porcisanu, a 28-year-old citizen of Romania who is also known as Iulian Jijie, and his Franklin, Ind., business Stucco Design Inc., were indicted on one count of conspiracy to harbor illegal aliens, one count of conspiracy to transport illegal aliens, four counts of transporting illegal aliens, one count of conspiracy to launder money, three counts of money laundering, and two counts of making false statements.
If convicted, Porcisanu faces as many as 40 years in prison. The government also seeks the forfeiture of approximately $1.5 million, which represents the proceeds of Porcisanu's illegal business activity.
"Employers who take advantage of illegal labor to gain a competitive advantage for their own profit will be identified, arrested and prosecuted," said Julie L. Myers, Department of Homeland Security Assistant Secretary for ICE. "ICE has no patience for employers who tolerate or perpetuate a shadow economy."
According to the indictment, Porcisanu and Stucco Design Inc. were able to undercut the bids of competitors and win contracts to perform stucco-related construction work with general contractors by taking advantage of cheaper labor costs resulting from the use of illegal alien employees.
The indictment further alleges that Porcisanu arranged for the transportation of his illegal alien employees and paid for hotel rooms for these employees near construction sites in North Dakota, Indiana, South Dakota, Minnesota, Michigan, Wisconsin and Ohio. The indictment also alleges that Porcisanu did not pay these employees overtime, and did not withhold state and federal taxes or Social Security taxes.
As part of an effort to conceal this illegal scheme, Porcisanu refused to respond to -- and instructed others to refuse to respond to -- a subpoena issued by a federal grand jury for the District of North Dakota seeking to obtain information about the legal status of his employees, the indictment alleges.
The ICE investigation began after the North Dakota Highway Patrol stopped a truck for a traffic violation near Fargo on Oct. 26, 2005. Highway patrol officers contacted the US Border Patrol in Grand Forks for assistance in identifying the four men in the truck. Border Patrol agents responded and arrested the men on charges of being in the United States illegally.
All four illegal aliens were employees of Stucco Design Inc., and had been working in Dickinson, ND, at a construction site for a Walmart Super center. They told Border Patrol agents that, when Stucco Design hired them, they did not complete required paperwork and did not show documents to establish they were eligible to work legally in the United States, as required by law. They also stated that their employers knew they were in the country illegally.
The indictment is the result of an investigation by the Minot, ND, office of US Immigration and Customs Enforcement, with assistance from the US Border Patrol, a division of US Customs and Border Protection, and the North Dakota Highway Patrol. The case is being prosecuted by Assistant US Attorney Nick Chase of the US Attorney's Office for the District of North Dakota.
Robert Adrian Porcisanu, a 28-year-old citizen of Romania who is also known as Iulian Jijie, and his Franklin, Ind., business Stucco Design Inc., were indicted on one count of conspiracy to harbor illegal aliens, one count of conspiracy to transport illegal aliens, four counts of transporting illegal aliens, one count of conspiracy to launder money, three counts of money laundering, and two counts of making false statements.
If convicted, Porcisanu faces as many as 40 years in prison. The government also seeks the forfeiture of approximately $1.5 million, which represents the proceeds of Porcisanu's illegal business activity.
"Employers who take advantage of illegal labor to gain a competitive advantage for their own profit will be identified, arrested and prosecuted," said Julie L. Myers, Department of Homeland Security Assistant Secretary for ICE. "ICE has no patience for employers who tolerate or perpetuate a shadow economy."
According to the indictment, Porcisanu and Stucco Design Inc. were able to undercut the bids of competitors and win contracts to perform stucco-related construction work with general contractors by taking advantage of cheaper labor costs resulting from the use of illegal alien employees.
The indictment further alleges that Porcisanu arranged for the transportation of his illegal alien employees and paid for hotel rooms for these employees near construction sites in North Dakota, Indiana, South Dakota, Minnesota, Michigan, Wisconsin and Ohio. The indictment also alleges that Porcisanu did not pay these employees overtime, and did not withhold state and federal taxes or Social Security taxes.
As part of an effort to conceal this illegal scheme, Porcisanu refused to respond to -- and instructed others to refuse to respond to -- a subpoena issued by a federal grand jury for the District of North Dakota seeking to obtain information about the legal status of his employees, the indictment alleges.
The ICE investigation began after the North Dakota Highway Patrol stopped a truck for a traffic violation near Fargo on Oct. 26, 2005. Highway patrol officers contacted the US Border Patrol in Grand Forks for assistance in identifying the four men in the truck. Border Patrol agents responded and arrested the men on charges of being in the United States illegally.
All four illegal aliens were employees of Stucco Design Inc., and had been working in Dickinson, ND, at a construction site for a Walmart Super center. They told Border Patrol agents that, when Stucco Design hired them, they did not complete required paperwork and did not show documents to establish they were eligible to work legally in the United States, as required by law. They also stated that their employers knew they were in the country illegally.
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