FOR IMMEDIATE RELEASE
March 15, 2007
Contact:
Bilen Mesfin, DA Harris’ Office, 553-1226
Debbie Mesloh, DA Harris’ Office, 553-1596
DA Charges Man with Multiple Counts of Theft for
Swindling Day Laborers Out of Wages
According to court documents, from January 2005 through April 2006, the defendant allegedly hired day laborers in San Francisco and transported them to construction jobs throughout the Bay Area. He then allegedly swindled them out of their wages – failing to pay them thousands of dollars according to court documents.
In one example, the defendant had laborers working 14-hour days to complete a restaurant renovation in Santa Clara and paid them only a portion of their wages, with no overtime and no breaks for meals, according to court documents. When one worker complained of not being paid, the defendant allegedly threatened to call immigration authorities on him and other workers.
The District Attorney has charged the defendant with four felony counts of grand theft against four individual workers, as well as one misdemeanor count of not paying wages as required by the California Labor Code. The losses range from $445 to $3,535 for each victim. If convicted, the defendant faces a maximum statutory penalty of four years in state prison, plus fines and restitution.
"Let everyone be clear," said District Attorney Kamala D. Harris. "Immigrant communities will receive the full weight and support of the law. If people think they can take advantage of immigrants here in San Francisco, they are mistaken. Those who prey on immigrant communities will be met with severe consequences."
The defendant was arrested on Wednesday, March 14, in San Francisco’s Mission District by District Attorney Investigators. He is currently out of custody on $100,000 and is scheduled to be arraigned Thursday, March 15, in Dept. 11.
The District Attorney’s Office was assisted in its investigation by La Raza Centro Legal and Instituto Laboral de la Raza, two San Francisco organizations that work on behalf of immigrant laborers.
"Everyday, employers steal the services of day laborers in San Francisco and around the country," said Hillary Ronen, Director of the Worker’s Rights Unit of La Raza Centro Legal. "Let this case be a warning to employers – when you hire workers and knowingly fail to pay them, it is a crime and you will be held accountable."
"Immigrant Workers of all nationalities come to this country primarily to earn wages for their families," said Sarah Shaker, Executive Director of Instituto Laboral de la Raza. "San Francisco will not tolerate abusive employers who seek out immigrant workers to exploit them for their hard labor, while flaunting Federal and State Labor Standards, and causing undue financial and physical suffering to workers and the families that they support.
Carlos Sanchez is the District Attorney Investigator on the case. June Cravett and Max Peltz are the Assistant District Attorneys prosecuting the case.