United States v. Frimmel Management, LLC

Published 10/26/16 12 OCAHO no. 1271c UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER October 14, 2016 UNITED STATES OF AMERICA, Complainant, v. FRIMMEL MANAGEMENT, LLC Respondent. 8 U.S.C. § 1324a Proceeding OCAHO Case No. 15A00073 FINAL DECISION AND ORDER Appearances: Eli Laff Brent Landis for the complainant Christopher J. Brelje Leon Silver Andrew Jacob Mary Curtin for the respondent I. INTRODUCTION This is an action pursuant to the employer sanctions provisions of the Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a (2012). The United States Department of Homeland Security, Immigration and Customs Enforcement (ICE, Complainant, or the government) filed an amended complaint consisting of four counts against Frimmel Management, LLC (Frimmel Management, 12 OCAHO no. 1271c Respondent, or the company).1 The company filed an answer and the parties completed prehearing procedures. Presently pending are ICE’s (1) Motion to Amend Complaint to remove five of the violations charged in the complaint and (2) Motion for Summary Decision.

Frimmel Management filed a response to both motions. As discussed in detail below, ICE’s Motion to Amend Complaint is granted and its Motion for Summary Decision will be granted in part and denied in part. II.

BACKGROUND AND PROCEDURAL HISTORY

Frimmel Management is a domestic limited liability company organized under Arizona law. On August 9, 2013, ICE personally served Respondent with a Notice of Inspection and an Immigration Enforcement Subpoena. The Notice of Inspection advised Respondent that a review of its Employment Eligibility Verification Forms I-9 was scheduled for August 12, 2013. The Immigration Enforcement Subpoena requested that the company provide the original Forms I-9 “for all current employees and all former” employees, pursuant to IRCA’s retention requirements, copies of any identity and employment authorization documents attached to the employees’ Forms I-9, a list of all employees receiving wages from August 9, 2010, to the date of the Notice of Inspection, and other related employee and business records.

Bret Frimmel submitted a stack of Forms I-9 to ICE on August 12, 2013. Moreover, ICE indicated that it received the requested employee records from a payroll service provider in August 2013. On November 6, 2013,2 ICE served Frimmel Management with a Notice of Suspect Documents, which informed the company that 105 of its employees, who were listed in an attachment, did not appear to be authorized for employment in the United States, according to records checked by ICE’s Homeland Security Investigations (HSI) unit. ICE explained, “The documents submitted to you were found to pertain to other individuals, or there was no record of the alien registration numbers being issued, or the documents pertain to individuals, but the individuals are not employment authorized or their employment authorization has expired.” Notice of Suspect Documents at 1.

The notice also indicated that ICE would consider the named employees to be unauthorized for employment unless they “present valid identification and employment eligibility documentation acceptable for completing the Form I-9, other than the 1 On June 8, 2016, Complainant’s Motion to Amend Complaint “to remove reference to Uncle Sam’s” from the case caption was granted. According to Respondent, Frimmel Management leases employees to Uncle Sam’s restaurants. The record shows that Bret Frimmel, who is the agent of Frimmel Management, is also an owner of Uncle Sam’s restaurants. 2 The Notice of Suspect Documents is dated October 28, 2013, and does not include a certificate of service.

According to Auditor Miller, this notice was served on Frimmel Management on November 6, 2013, and the company has not asserted otherwise. 2 12 OCAHO no. 1271c documentation previously submitted to you . . . .” Id. Frimmel Management was further advised that “HSI presumes that employers who, within 10 business days of receiving a Notice of Suspect Documents letter, verify the work authorization of suspect employees or take other appropriate actions to resolve the apparent employment of unauthorized workers to have demonstrated reasonable care under the INA.” Id. The notice also included the contact information of the HSI auditor in the event that Frimmel Management or an employee chose to challenge the finding of suspect documents. On February 10, 2015, ICE personally served Frimmel Management with a Notice of Intent to Fine, which set forth four counts. Count I alleged that Respondent failed to ensure that 258 named employees properly completed section 1 of their Forms I-9 and/or that Respondent failed to properly complete sections 2 or 3 of these employees’ Forms I-9, in violation of 8 U.S.C. § 1324a(a)(1)(B), noting these are “substantive paperwork violations aggravated for seriousness.” Count II alleged that Respondent failed to ensure that sixty-six named employees properly completed section 1 of their Forms I-9 and/or that Respondent failed to properly complete sections 2 or 3 of these employees’ Forms I-9, noting these are “substantive paperwork violations with aggravations for seriousness and unauthorized alien.” Count III alleged that Respondent failed to prepare and/or present Forms I-9 for thirty-three named employees, in violation of 8 U.S.C. § 1324a(a)(1)(B), noting these are “substantive paperwork violations with aggravation for seriousness.” Count IV alleged that Respondent failed to prepare and/or present Forms I-9 for thirty-one named employees, noting these are “substantive paperwork violations with aggravations for seriousness and unauthorized alien.”3 ICE assessed a total fine amount of $391,391.00 for all four counts.

The Notice of Intent to Fine also set forth that all 388 named employees were hired after November 6, 1986. Respondent timely requested a hearing before an Administrative Law Judge. On August 11, 2015, ICE filed a four-count complaint with the Office of the Chief Administrative Hearing Officer (OCAHO), which fully incorporated the Notice of Intent to Fine, including the proposed penalty amount. On September 16, 2015, Frimmel Management filed its answer to the complaint.

Frimmel Management contended that ICE’s evidence in support of all four counts in the complaint “is the fruit of an illegal investigation violative of the Fourth and Fifth Amendments to the U.S. Constitution,” and is therefore inadmissible. Respondent’s Answer at 2. Frimmel Management states that ICE’s investigation and I-9 audit were “direct” results of a criminal investigation by the Maricopa County Sheriff’s Office (MCSO), into whether Respondent’s owners, including Mr. Frimmel, knowingly hired or employed unauthorized aliens. Id. at 3.

A state court dismissed the criminal complaints against these individuals, finding that the MCSO’s investigation involved “faulty affidavits, misstatement[s] of evidence, and other law enforcement 3 The employees identified in the complaint have been listed in the attached Appendix. 3 12 OCAHO no. 1271c misdeeds.” Id. Frimmel Management therefore asserts that the information that ICE obtained, which led to its audit of the company, is “fruit of the poisonous tree.” Id. Frimmel Management further asserted the following affirmative defenses: (1) ICE’s investigation must be dismissed because it is the result of egregious governmental misconduct in violation of Respondent’s Fifth Amendment right to due process; and (2) ICE failed to state a claim upon which relief may be granted. In addition, Respondent stated that “in the event the Court finds Complainant’s evidence to be admissible, any alleged paperwork mistakes on I-9 forms are essentially the same mistakes repeated many times on many I-9 forms.” Id. at 5. Frimmel Management also claimed that it is a small business with a high turnover rate for its employees and that it will become insolvent “if a fine of any size is assessed against it.” Id. at 4- 5.4 On October 26, 2015, ICE filed a “Motion to Amend Complaint” and a “First Amended Complaint Regarding Unlawful Employment.” ICE explained that the amended complaint removes four of the alleged violations from Counts I and II of the complaint pursuant to 28 U.S.C. § 2462’s five-year statute of limitations.

The amended complaint further moves one of the alleged violations from Count IV to Count III and removes one alleged violation from Count IV. Accordingly, Count I of the amended complaint names 255 employees, Count II names 65 employees, Count III names 34 employees, and Count IV names 29 employees. The amended complaint’s proposed fine amount was $380,404.75. In response, Frimmel Management filed an answer which asserts the same arguments and defenses as presented in its original answer.

On November 22, 2015, ICE filed its prehearing statement, in which it proposed nine factual stipulations. These factual stipulations generally relate to the procedural history of the case. Proposed factual stipulation eight states, “Respondent failed to prepare or present Forms I-9 for the ninety-nine (99) persons listed in Count III and Count IV.” Complainant’s Prehearing Statement at 4. Proposed factual stipulation nine states, “Respondent is not, and has not been, the subject of any previous findings of violations of the provisions of INA § 274A.” Id. On December 8, 2015, ICE filed a “Motion to Amend Prehearing Statement,” requesting to add exhibit G-13, “Notice of Unauthorized Aliens,” to its preliminary exhibit list.

Respondent filed its prehearing statement on December 23, 2015. The company stated that it was not prepared to propose stipulations and requested that the “threshold issue in this case regarding tainted evidence be resolved first.” Respondent’s Prehearing Statement at 2. A. Motion to Quash 4 Although Respondent casts these arguments relating to the penalty as “affirmative defenses,” they are not defenses to liability. 4 12 OCAHO no. 1271c On March 7, 2016, Complainant filed a “Motion to Quash Notices of Deposition,” as Frimmel Management sought to depose Ryan Miller, Matthew Allen, Harold Beasley, Pat Contreras, and Joshua Henderson.

Complainant did not contest Respondent’s Notice of Deposition for HSI Auditor Ryan Miller because Auditor Miller initiated and conducted the underlying audit that resulted in the Notice of Intent to Fine issued to Frimmel Management. However, ICE contended that all other Notices of Deposition should be quashed as the testimony of the four other individuals noticed would be “irrelevant and unnecessarily duplicative” to the testimony provided by Auditor Miller. Complainant’s Motion to Quash at 3. Matthew C. Allen and Harold R. Beasley are “high level managers” at HSI and Joshua Henderson is a detective with the MCSO.

Id. at 3-4. Complainant further indicated it did not know an individual named Pat Contreras. Id. at 4. On March 18, 2016, Frimmel Management filed its response to ICE’s Motion to Quash Notices of Depositions.

The company reasserted its affirmative defense that the instant matter should be dismissed and that all evidence obtained by ICE “must be excluded under the fruit-of-the- poisonous-tree doctrine because [ICE] learned of the evidence that prompted its audit from the illegal [MCSO] raids on the Uncle Sam’s restaurants.” Respondent’s Response to Motion to Quash at 2. Frimmel Management argued that “[e]vidence that is tainted by a fourth amendment violation must be excluded even in a civil matter and even where the matter is before a different sovereign. INS v. Lopez-Mendoza, 468 U.S. 1032, 1050-51 (1984) (applying [the exclusionary rule] in a civil deportation matter).” Id. Specifically, Frimmel Management stated that “if ICE began its audit of Respondent after receiving [an email from MCSO about the criminal investigation], then the ALJ must suppress all evidence obtained in that audit.” Id. at 3-4. Respondent asserted that it therefore had a “substantial need to conduct discovery into why MCSO sent Harold Beasley, Pat Contreras, and Ryan Miller” this email, which Respondent contends was done in order to cause ICE to initiate an audit of Frimmel Management.

Id. at 3. On March 31, 2016, Administrative Law Judge Stacy Paddack, who previously presided over this matter, issued an Order Granting Complainant’s Motion to Quash Notices of Deposition and Denying Respondent’s Motion for Extension of Discovery Deadline. See United States v. Frimmel Mgmt., LLC, 12 OCAHO no. 1271 (2016).5 Judge Paddack noted that Frimmel Management issued the Notices of Deposition for the four individuals at issue in order to establish “the relationship between MCSO and ICE” and ascertain how Respondent’s identity 5 Citations to OCAHO precedents reprinted in bound Volumes 1 through 8 reflect the volume number and the case number of the particular decision, followed by the specific page in that volume where the decision begins; the pinpoint citations which follow are thus to the pages, seriatim, of the specific entire volume. Pinpoint citations to OCAHO precedents subsequent to Volume 8, where the decision has not yet been reprinted in a bound volume, are to pages within the original issuances; the beginning page number of an unbound case will always be 1, and is accordingly omitted from the citation.

Published decisions may be accessed in the Westlaw database “FIM-OCAHO,” or in the LexisNexis database “OCAHO,” or on the website at http://www.justice.gov/eoir/OcahoMain/ocahosibpage.htm#PubDecOrders. 5 12 OCAHO no. 1271c was disclosed to ICE. Judge Paddack cited to the United States Supreme Court’s holding in Lopez-Mendoza, 468 U.S. at 1039-40, that the identity of a respondent in a civil proceeding is “‘never itself suppressible as a fruit of an unlawful arrest, even if it is conceded that an unlawful arrest, search, or interrogation occurred,’” and held that Frimmel Management’s identity and the method by which it came to the attention of ICE, even if the result of an unlawful police action, could not be suppressed in the OCAHO proceedings. Id. at 6-7.

Judge Paddack further found that Respondent did not demonstrate any egregious actions by relevant ICE officials who performed the audit of Respondent’s paperwork or that the suppression of evidence would serve the exclusionary rule’s primary purpose of deterrence to unlawful police action, as OCAHO adjudications are not within the “‘zone of primary interest’” of the MCSO police. Id. (citing Adamson v. Comm’r, 745 F.2d 541, 546 (9th Cir. 1984 . Accordingly, ICE’s Motion to Quash was granted, as Frimmel Management did not demonstrate that its identity could be suppressed pursuant to the exclusionary rule and because the company failed to demonstrate that testimony relevant to the OCAHO proceeding would result from the depositions of Mr. Contreras, Mr. Beasley, Mr. Allen, and/or Mr. Henderson.

Frimmel Management requested interlocutory review by the Chief Administrative Hearing Officer (CAHO), who declined to modify or vacate Judge Paddack’s interlocutory order. United States v. Frimmel Mgmt., LLC, 12 OCAHO no. 1271a (2016). Specifically, the CAHO found “no error in the ALJ’s holding that ‘respondent has failed to demonstrate that its identity can be suppressed pursuant to the exclusionary rule.’” Id. at 5 (citing Frimmel Mgmt., 12 OCAHO no. 1271 at 8). The CAHO also noted that Frimmel Management made a reference in its request for interlocutory review to the fruit-of-the-poisonous-tree doctrine and ICE’s failure to show that one of the doctrine’s exceptions applied, but declined to address the merits of this argument as it “was neither fully briefed by the parties in the proceedings below nor squarely addressed by the ALJ in her interlocutory order.

Similarly, these arguments were not fully briefed on review.” Id. at 6. However, the CAHO stated, “To the extent [R]espondent’s arguments on this point are not foreclosed by the ALJ’s holding in the interlocutory order with respect to exclusion of [R]espondent’s identity under INS v. Lopez-Mendoza, [R]espondent may raise and fully brief this issue at the appropriate time in the ongoing proceedings before the ALJ.” Id. B. Motion for Summary Decision On May 26, 2016, Complainant filed its Motion for Summary Decision (Complainant’s Motion). ICE attached the following proposed exhibits to its motion: G-1) Notice of Inspection and Immigration Enforcement Subpoena; G-2) Notice of Suspect Documents; G-3) Forms I-9 for Count I employees; G-4) Forms I-9 for Count II employees;6 G-5) Frimmel Management’s 6 Attached to these Forms I-9 are printouts from ICE’s check results with TECS and its Central Index System (CIS), which ICE presented as evidence of the alleged unauthorized status of these employees. “TECS is the principal system used by officers at the border to assist with screening 6 12 OCAHO no. 1271c Arizona Department of Economic Security Unemployment Insurance Quarterly Wage Reports for 2010 (3rd and 4th Quarters), 2011, 2012, 2013 (1st and 2nd Quarters); G-6) Frimmel Management’s Payroll Register for June 2013-August 2013; G-7) Frimmel Management’s Employee Roster Report dated August 12, 2013; G-8) Frimmel Management’s 2012 Census Report for its 401(k) plan; G-9) Frimmel Management’s Articles of Incorporation; G-10) Affidavit of HSI Auditor Ryan Miller; G-11) MCSO Human Smuggling Division/C.E.S Shift Summary DR: 13-008988; G-12) Department of Homeland Security (DHS) Receipt for Property; G-13) Notice of Unauthorized Aliens; G-14) Arizona Secretary of State Registered Name for Uncle Sam’s; G-15) MCSO Criminal Employment Unit Shift Summary DR: 13-189120; and G- 16) Amended Affidavit of HSI Auditor Miller.

On July 11, 2016, Complainant filed a Statement Regarding the Appropriateness of the Proposed Fine (Complainant’s Penalty Statement). On July 8, 2016, Respondent filed a Response to Complainant’s Motion for Summary Decision (Respondent’s Response). Frimmel Management attached the following proposed exhibits to its response: Ex. A) MCSO NewsRelease, Sheriff Now Investigating Uncle Sam, Search Warrant Being Executed, July 27, 2013; Ex.

B) MCSO NewsRelease, Uncle Sam’s Identity Theft Operation Yields Arrests, July 18, 2013; Ex. C) Ruling, State of Arizona v. Bret Frimmel, CR2014-103633-001 DT (Ariz. Sup. Ct., Maricopa Cnty., April 15, 2015); Ex.

D) Order, State of Arizona v. Bret Frimmel, CR 2014-103633-001 DT (Ariz. Sup. Ct., Maricopa Cnty., April 23, 2015); Ex. E) Excerpts from Auditor Miller’s deposition; and Ex.

F) Amended Affidavit of Auditor Miller.

III.

POSITIONS OF THE PARTIES A.

Complainant’s Motion 1. Liability Concerning Frimmel Management’s assertion that the Fourth Amendment exclusionary rule is applicable in this case, ICE argues that the “attenuated basis” exception applies because there is not a sufficient nexus between the MCSO investigation and the evidence that Complainant obtained during its investigation. Complainant’s Motion at 13-14 (citing United States v. Smith, 155 F.3d 1051, 1060 (9th Cir. 1998 .

ICE further asserts that pursuant to precedent from the Supreme Court and the Court of Appeals for the Ninth Circuit (Ninth Circuit), the caselaw of which is authoritative, Frimmel Management is incorrect in arguing a “but for” test with respect and determinations regarding admissibility of arriving persons.” DHS, DHS/CBP/PIA-009(a) – TECS System: CBP Primary and Secondary Processing (TECS) National SAR Initiative (Aug. 26, 2015), https://www.dhs.gov/publication/tecs-system-cbp-primary-and-secondary-processing- tecs-national-sar-initiative. 7 12 OCAHO no. 1271c to the exclusionary rule. Id. at 14.

In addition, according to ICE, Respondent failed to show that “ICE obtained any information from the MCSO investigation other than Frimmel Management’s identity,” as Auditor Miller learned of the MCSO investigation from local news reports and subsequently conducted an independent investigation. Id. Auditor Miller “complied with all laws and regulations in conducting his audit.” Id. at 14-15. Turning to the allegations of the complaint, ICE claims that Frimmel Management has never contested that the alleged substantive paperwork violations exist. Complainant’s Motion at 15.

According to ICE, the vast majority of the Count I substantive paperwork violations include Respondent failing to properly list an employment authorization document and failing to sign the employer attestation in section 2. Count I also includes Respondent’s failure in ensuring that its employees signed the attestation in section 1 and attested to a citizenship or immigration status, all substantive violations. Id. at 18. ICE contends that the Count II violations are similar to those charged in Count I but that the employees named in Count II “appear to have presented false identity documents or their documents could not be verified.” Id. at 20.

Therefore, ICE considers these employees to be unauthorized for employment. Id. As to Count III, Complainant argues there is no genuine issue of material fact with respect to liability because based on the “three-year time period covered in the present Form I-9 inspection” and the company’s employment records, Frimmel Management failed to prepare or present to Auditor Miller sixty-three Forms I-9. Id. at 22. Count IV also alleges failures to prepare and/or present Forms I-9 and ICE further contends that “each named employee listed in Count IV used a document for employment that had not been lawfully issued to him or her.” Id. at 26.

However, ICE withdrew the allegations with respect to the Forms I-9 of Denee Porter- Ishak (#27) and Moises Silva (#32) in Count II and Jorge Armando Nava Lares (#17) in Count IV. Id. at 25 nn. 14-15, 29 n.16. Accordingly, ICE argues it is entitled to summary decision with respect to the charged 380 violations in Counts I-IV.

2. Penalty ICE set a $935 baseline penalty amount in accordance with its agency guidelines because Frimmel Management had an eighty-four percent violation rate (380 substantive paperwork violations out of 453 required Forms I-9). Complainant’s Penalty Statement at 3 (citing ICE, Form I-9 Inspection Overview: Fact Sheet (I-9 Fact Sheet), 3 (Jun. 26, 2013), http://www.ice.gov/news/library/factsheets/i9-inspection.htm).

ICE further contends that the “higher base fine is warranted because it is clear that Frimmel Management clearly did not take steps to ensure that it was properly completing the verification forms.” Id. at 4. In assessing the fine amount, ICE neither enhanced nor mitigated the baseline penalty on account of Frimmel Management’s size, good faith, or history of previous violations. ICE enhanced the baseline penalty by five percent for all of the violations on account of seriousness. Id. at 4-5.

ICE also aggravated the baseline penalty by an additional five percent for the Count II and Count IV violations because of the alleged unauthorized status of the named employees. Id. at 5. 8 According to the government, Frimmel Management has never denied that the employees named in Counts II and IV were unauthorized and has asserted that “it never ‘intentionally or knowingly’ hired unauthorized aliens.” Id. at 6. Moreover, ICE does not consider Frimmel Management’s assertion of an inability to pay the fine to be a relevant factor in assessing the fine amount “under the circumstances.” Id. ICE’s proposed penalty amount is $377,412.75.7 12 OCAHO no. 1271c B. Respondent’s Response 1.

Liability Frimmel Management reiterates that ICE’s evidence it not admissible because it was derived from MCSO’s unlawful investigation. Frimmel Management contends that on “July 17, 2013, MCSO conducted one of Sheriff [Joe] Arpaio’s publicity-driven workplace immigration raids, searching and seizing records at two Uncle Sam’s restaurants to which Frimmel Management leases employees, and at Bret Frimmel’s home.” Respondent’s Response at 2. Mr. Frimmel was subsequently prosecuted for violating Arizona’s identity theft laws. However, on April 15, 2015, a Maricopa County Superior Court judge ruled that the July 2013 warrants “were supported by affidavits made in knowing or reckless disregard of the truth,” and, therefore, all evidence obtained from using those warrants were ordered suppressed.

Id. Frimmel Management claims that although ICE received a tip about alleged unauthorized workers at Uncle Sam’s restaurants, “[o]nly when Auditor Miller saw the media reports regarding MCSO’s July 2013 raids at Uncle Sam’s did Auditor Miller commence his investigation of Frimmel Management.” Id. at 3. For these reasons, Frimmel Management argues, the evidence obtained by ICE during its investigation must be suppressed as fruit of the poisonous tree and, consequently, that summary decision must be denied. Frimmel Management further contends that Judge Paddack’s and the CAHO’s application of Lopez-Mendoza to this OCAHO proceeding “failed to distinguish that what was at issue in Lopez-Mendoza was discovery of the ongoing illegal immigration status of an individual. In contrast, what is at issue here is discovery of evidence of past violations of immigration law.” Id. at 5.

According to Respondent, unlike the situation in Lopez-Mendoza, the exclusionary rule applies in this matter “because it would only preclude the use of evidence of Frimmel Management’s past violations against it.” Id. at 6. Therefore, ICE’s evidence relating to Frimmel Management’s “alleged past violations of federal law must be suppressed if it was the result of an illegal search and seizure.” Id. at 6-7. 7 ICE’s penalty assessment reflects the following: (1) the penalty for the 255 Count I violations is $250,346.25, which includes a 5% enhancement of the $935 baseline fine; (2) the penalty for the 65 Count II violations is $66,852.50, which includes a 10% enhancement; (3) the penalty for the 32 Count III violations is $31,416, which includes a 5% enhancement; and (4) the penalty for the 28 Count IV violations is $28,798, which includes a 10% enhancement. 9 12 OCAHO no. 1271c 2.

Penalty Frimmel Management also argues that ICE’s penalty amount is “disproportionate to the gravity of the alleged offenses.” Id. at 7. The company states, “to seek the high end dollar amount multiplied 200 times over for the single mistake of ‘failure to sign’ is disproportionate to the gravity of the offense, and, in fact, looks like vindictiveness.” Id. The company also claims that ICE should have treated good faith and Respondent’s lack of a history of previous violations as mitigating factors. Id. IV.

DISCUSSION AND ANALYSIS A.

Applicable Legal Standards 1. Summary Decision OCAHO rule 28 C.F.R. § 68.38(c) establishes that an Administrative Law Judge “shall enter a summary decision for either party if the pleadings, affidavits, material obtained . . . show that there is no genuine issue as to any material fact and that a party is entitled to summary decision.” Relying on Supreme Court precedent, OCAHO case law has held, “An issue of material fact is genuine only if it has a real basis in the record. A genuine issue of fact is material if, under the governing law, it might affect the outcome of the suit.” Sepahpour v. Unisys, Inc., 3 OCAHO no. 500, 1012, 1014 (1993) (citing Matsushita Elec. Indus.

Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986 . “Once the moving party satisfies its initial burden of demonstrating both the absence of a material factual issue and that the party is entitled to judgment as a matter of law, the nonmoving party must come forward with contravening evidence to avoid summary resolution.” United States v. Four Seasons Earthworks, Inc., 10 OCAHO no. 1150, 3 (2012) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986 ; see generally FED. R. CIV. P. 56(e). OCAHO rule 28 C.F.R. § 68.38(b) provides that the party opposing the motion for summary decision “may not rest upon the mere allegations or denials” of its pleadings, but must “set forth specific facts showing that there is a genuine issue of fact for the hearing.” Moreover, “the court must view all facts and all reasonable inferences to be drawn from them ‘in the light most favorable to the non-moving party.’” United States v. WSC Plumbing, Inc., 9 OCAHO no. 1062, 3 (2000) (quoting Matsushita, 475 U.S. at 587). 2.

Burdens of Proof and Production In cases arising under 8 U.S.C. § 1324a, the government has the burden of proving by a preponderance of the evidence that the respondent is liable for committing a violation of the employment eligibility verification requirements. See United States v. Nebeker, Inc., 10 10 12 OCAHO no. 1271c OCAHO no. 1165, 4 (2013) (citing United States v. Am. Terrazzo Corp., 6 OCAHO no. 877, 577, 581 (1996 . In addition to proving liability, “[t]he government has the burden of proof with respect to the penalty, United States v. March Construction, Inc., 10 OCAHO no. 1158, 4 (2012), and must prove the existence of any aggravating factor by a preponderance of the evidence, United States v. Carter, 7 OCAHO no. 931, 121,159 (1997).” United States v. Niche, Inc., 11 OCAHO no. 1250, 6 (2015).

However, after the government has introduced evidence to meet its burden of proof, “the burden of production shifts to the respondent to introduce evidence . . . to controvert the government’s evidence. If the respondent fails to introduce any such evidence, the unrebutted evidence introduced by the government may be sufficient to satisfy its burden . . . .” United States v. Durable, Inc., 11 OCAHO no. 1231, 5 (2014) (referencing United States v. Alvand, Inc., 2 OCAHO no. 352, 378, 382 (1991) (modification by CAHO); United States v. Kumar, 6 OCAHO no. 833, 112, 120-21 (1996); Breda v. Kindred Braintree Hosp., LLC, 10 OCAHO no. 1202, 7-8 (2013 . 3. Employment Verification Requirements Employers must prepare and retain Forms I-9 for employees hired after November 6, 1986, and are required to produce the Forms I-9 for inspection by the government upon three days’ notice.

8 C.F.R. § 274a.2(b)(2)(ii); United States v. Keegan Variety, LLC, 11 OCAHO no. 1238, 2 (2014). Employers must ensure that an employee complete section 1 of the Form I-9 and attest to his or her citizenship or immigration status in the United States by signing and dating the Form I-9 no later than the first day of employment. 8 C.F.R. § 274a.2(a)(3) (attestation under penalty of perjury), (b)(1)(i)(A). For employees employed for three business days or more, an employer must sign section 2 of the Form I-9 within three days of the employee’s first day of employment to attest under penalty of perjury that it reviewed the appropriate documents to verify the individual’s identity and employment authorization.

8 C.F.R. § 274a.2(a)(3), (b)(1)(ii). Failures to satisfy the requirements of the employment verification system are known as “paperwork violations,” which are either “substantive” or “technical or procedural.” See Memorandum from Paul W. Virtue, INS Acting Exec. Comm’r of Programs, Interim Guidelines: Section 274A(b)(6) of the Immigration & Nationality Act Added by Section 411 of the Illegal Immigration Reform & Immigrant Responsibility Act of 1996 (Mar. 6, 1997) (Virtue Memorandum) available at 74 No. 16 Interpreter Releases 706 (Apr.

28, 1997). 4. Penalty Assessment Civil money penalties are assessed when an employer fails to properly prepare, retain, or produce upon request the Forms I-9, according to the following parameters established at 8 C.F.R. § 274a.10(b)(2): the minimum penalty is $110 and the maximum penalty is $1100 for each 11 12 OCAHO no. 1271c individual with respect to whom a paperwork violation occurred after September 29, 1999. Pertinent regulations and OCAHO case law set forth that if a paperwork violation is proven, then a fine must be assessed.

8 C.F.R. § 274a.10(b)(2) (“A respondent determined . . . to have failed to comply with the employment verification requirements as set forth in § 274a.2(b), shall be subject to a civil penalty . . . .”); Keegan Variety, 11 OCAHO no. 1238 at 7 (discussing that there is no fine waiver and a penalty must be assessed). Title 8 U.S.C. § 1324a(e)(5) requires consideration of the following factors when assessing civil money penalties for paperwork violations: (1) the size of the employer’s business; (2) the employer’s good faith; (3) the seriousness of the violations; (4) whether the employee is an unauthorized alien; and (5) the employer’s history of previous violations. “The statute does not require that equal weight necessarily be given to each factor, nor does it rule out consideration of other factors.” United States v. Hernandez, 8 OCAHO no. 1043, 660, 664 (2000). Although not an exhaustive list, additional factors may be considered, including a company’s ability to pay the proposed penalty and policies of leniency established by statute.

See Niche, 11 OCAHO no. 1250 at 6-7. ICE has broad discretion in setting the penalties; however, OCAHO is not bound by the government’s penalty methodology and the Administrative Law Judge may conduct a de novo review of the penalty assessment. United States v. Holtsville 811 Inc., 11 OCAHO no. 1258, 10 (2015) (citing United States v. Aid Maint. Co., 8 OCAHO no. 1023, 321, 343 (1999); United States v. Ice Castles Daycare Too, Inc., 10 OCAHO no. 1142, 6 (2011 .

B. ICE’s Evidence Will Not be Suppressed Pursuant to the Exclusionary Rule As a threshold matter, Frimmel Management’s request to exclude ICE’s evidence is again hereby denied, even though MCSO’s investigation was found to have been conducted in violation of the Fourth Amendment.8 1. Frimmel Management’s Identity Cannot be Suppressed The undersigned fully incorporates the reasoning of Judge Paddack’s Order Granting Complainant’s Motion to Quash Notices of Deposition, which was also affirmed by the CAHO, in finding that the exclusionary rule is inapplicable to the instant OCAHO proceeding. Frimmel Mgmt., 12 OCAHO no. 1271 at 6-8; Frimmel Mgmt., 12 OCAHO no. 1271a at 5 (order of the CAHO). OCAHO precedent has recognized that the exclusionary rule, which is a “judicially created remedy designed to provide a deterrent against future [Fourth Amendment] violations by law enforcement officers,” may be applied in administrative proceedings.

United States v. 8 Frimmel Management also argued in its answer that ICE’s evidence was inadmissible because it was derived from an investigation that violated Respondent’s Fifth Amendment right and that ICE failed to state a claim upon which relief may be granted. However, Frimmel Management did not further brief these arguments and I will therefore not address them. 12 12 OCAHO no. 1271c Carpio-Lingan, 6 OCAHO no. 909, 1019, 1022, 1025-26 (1997); see also United States v. Jenkins, 5 OCAHO no. 743, 164, 176 (1995) (citing cases). Frimmel Management contends that the interlocutory orders misapplied Lopez-Mendoza because that case involved “discovery of the ongoing illegal immigration status of an individual,” but that here, “discovery of evidence of past violations of immigration law” is at issue.

Respondent’s Response at 5. First, as stated in the CAHO’s order, although this may be a distinction, it “is not a material one,” because the Ninth Circuit has found that “‘the rule that identity evidence is not suppressible is not limited’ to cases involving ongoing or continuous violations.” Frimmel Mgmt., 12 OCAHO no. 1271a at 4 (citing United States v. Del Toro Gudino, 376 F.3d 997, 1001- 02 (9th Cir. 2004 . Second, the evidence of record demonstrates that contrary to Respondent’s assertion, the only evidence that ICE discovered as a result of MCSO’s publicized raid on Uncle Sam’s restaurants was Frimmel Management’s identity.

Frimmel Management itself asserted that HSI Auditor Miller learned about the company through the MCSO News Release. Respondent’s Response at 3; see also id., Exs. A, E at 10. Subsequently, Auditor Miller’s independent investigation into Frimmel Management’s compliance with the employment verification system began with service of Notice of Inspection and culminated in a Notice of Intent to Fine, and, ultimately, a complaint.

See Complainant’s Motion, Ex. G-1. There is no evidence to suggest that Auditor Miller failed to carry out this investigation in accordance with DHS guidelines or that he relied on evidence directly obtained from MCSO’s unlawful conduct. Accordingly, Respondent has failed to show that the evidence it seeks to suppress, namely, ICE’s findings from its I-9 audit and investigation that concluded in a fine assessed against the company, constitutes fruit of the poisonous tree.

This is because, as stated above, Frimmel Management’s identity is the evidence that ICE obtained as a result of the publicized MCSO investigation. The challenged evidence, which flowed from this discovery, was the result of HSI’s own civil investigation, independent of MCSO’s criminal inquiry into the company. “[T]here is no sanction to be applied when an illegal arrest only leads to discovery of the man’s identity and that merely leads to the official file or other independent evidence.’” Del Toro Gudino, 376 F.3d at 1001 (citing United States v. Orozco-Rico, 589 F.2d 433, 435 (9th Cir. 1978) (emphasis added ; United States v. Aguilar, 883 F.2d 662, 709 (9th Cir.

1989) (“Where the government stumbles upon illegality, albeit through an improper search, the law breaker is not somehow insulated forever thereafter from further independent investigation.”). The circumstances of the instant proceedings are therefore not as distinct from those in Lopez- Mendoza, as Frimmel Management proposes, and Lopez-Mendoza mandates that Respondent’s identity can “never” be suppressed. 468 U.S. at 1039 (citing cases). In addition, Respondent’s characterization that the charged paperwork violations are “past violations of immigration law” is incorrect.

Generally, paperwork violations are “continuous” violations until they are corrected or until the employer is no longer required to retain the Form 13 12 OCAHO no. 1271c I-9 pursuant to IRCA’s retention requirements. See 8 C.F.R. § 274a.2(b)(2)(i)(A); United States v. Curran Eng’g Co., 7 OCAHO no. 975, 874, 895 (1997) (collecting cases); see also United States v. WSC Plumbing, Inc., 9 OCAHO no. 1061, 11 (2000). As discussed below, Respondent is liable for the charged substantive paperwork violations. See discussion infra IV.C; Appendix A. Therefore, these paperwork violations are not “past violations” but are continuous, further undermining Respondent’s argument that Lopez-Mendoza is inapplicable here because Lopez- Mendoza was in an ongoing, or continuous, unlawful status.

Respondent is similarly in an ongoing status of noncompliance with IRCA’s employment verification requirements. 2. Attenuated Basis Exception Even assuming for the sake of argument that the challenged evidence here constituted fruit of the poisonous tree, the undersigned concurs with ICE that such evidence would fall under the “attenuated basis” exception. See Smith, 155 F.3d at 1060 (noting there are three exceptions to the exclusionary rule) (citing United States v. Ramirez-Sandoval, 872 F.2d 1392, 1396 (9th Cir.

1989 . The core of Frimmel Management’s argument is that ICE would not have conducted an I-9 audit “had there not been an illegal search.” Respondent’s Response at 4. As ICE correctly notes, this argument uses a “but for” test, which the Supreme Court and the Ninth Circuit have rejected. Smith, 155 F.3d at 1060.

“Rather, the taint inquiry is more akin to a proximate causation analysis. . . . at some point along the line, evidence might be ‘fruit,’ yet nonetheless be admissible because it is no longer ‘tainted’ or ‘poisonous.’” Id. Assuming that ICE’s evidence relating to its audit of Frimmel Management is “fruit” of MCSO’s illegal conduct, this evidence was not a “direct result” of MCSO’s conduct. As explained above, this evidence was obtained as a direct result of an independent investigation carried out by ICE’s HSI unit, an entity wholly separate from MCSO. In essence, MCSO provided a lead to HSI, which Auditor Miller discovered via a public announcement,9 about possible I-9 verification failures because of the criminal allegations that the restaurant was hiring unauthorized workers. “A lead, however, is 9 The record also shows that MCSO sent an email on July 18, 2013, to numerous individuals, including MCSO officials, Auditor Miller, and other ICE agents, that included an attached MCSO Shift Summary DR 13-008988.

Respondent’s Motion to Quash, Ex. R-3. ICE also submitted a copy of this shift summary with its motion, see Complainant’s Motion, Ex. G-11, which briefly describes the MCSO’s criminal investigation up until the execution of search warrants on July 17, 2013, for Uncle Sam’s restaurants and Mr. Frimmel’s home.

Id. Auditor Miller also received an MCSO shift summary in January 2014, describing the arrests of Mr. Frimmel and Uncle Sam’s general manager, Lisa Norton, for violating Arizona’s identity theft laws. Id., Ex. G-15. This exchange of information does not alter the fact that HSI nevertheless conducted its own independent I-9 investigation, which resulted in ICE’s discovery of evidence to support the Notice of Intent to Fine and OCAHO complaint, and thus has no bearing on my conclusion regarding the application of the exclusionary rule.

14 12 OCAHO no. 1271c simply not enough to taint an entire investigation.” Id. at 1063 (citing Hoonsilapa v. INS, 575 F.2d 735, 738 (1978); United States v. Cales, 493 F.2d 1215, 1216 (1974 .10 3. Suppression of the Challenged Evidence Does Not Sufficiently Deter Future Unlawful Police Conduct Importantly, as discussed in Judge Paddack’s order, Respondent has failed to show that suppression of the challenged evidence would satisfy the exclusionary rule’s primary goal of deterring future unlawful police conduct. See Frimmel Mgmt., 12 OCAHO no. 1271 at 7 (citing Adamson, 745 F.2d at 546); see also United States v. Janis, 428 U.S. 433 at 447 (1976).11 Respondent has not alleged and the record does not establish that any ICE officials engaged in unlawful or egregious conduct and MCSO’s evidence was already ordered suppressed in the relevant state court, thereby serving the rule’s goal of deterrence. There has not been any showing that “further application of the exclusionary rule in [this] federal civil proceeding” would deter unlawful conduct by the MCSO because this OCAHO proceeding is not within the “‘zone of primary interest’” of the MSCO police officers, who sought criminal convictions based on Arizona’s identity theft laws.

Adamson, 745 F.2d at 545 (citing Janis, 428 U.S. at 458). “On the other side of the scale, the cost to the public of excluding the evidence can be readily measured in dollars and cents.” Grimes v. Comm’r, 82 F.3d 286, 290 (9th Cir. 1996). In conclusion, Frimmel Management’s request that ICE’s evidence be suppressed as fruit of the poisonous tree is denied for the all the aforementioned reasons, including those set out by Judge Paddack in her interlocutory order and affirmed by the CAHO.

C. Frimmel Management’s Liability Through the relevant Arizona Unemployment Quarterly Wage Reports and Frimmel Management pay stubs, employee roster reports, and 401(k) census reports, ICE demonstrated that the 380 individuals named in the complaint received wages from Frimmel Management for 10 Respondent also briefly addresses the “inevitable discovery” exception in its response. However, because I have found that ICE’s evidence does not constitute fruit of the poisonous tree, I will not address this argument. 11 In its response, Frimmel Management again mischaracterized the holding of Adamson, as it did in its Motion for Interlocutory Review by the CAHO, by stating that the exclusionary rule was applied in Adamson “to suppress evidence in a civil tax proceeding.” Respondent’s Response at 6; see Frimmel Mgmt., 12 OCAHO no. 1271a at 5. “In Adamson . . . [the Ninth Circuit] declined to apply the exclusionary rule and determined that admitting the evidence would not have implicated the integrity of the courts because, in that case, the evidence had not been obtained through egregious conduct.” Gonzalez-Rivera v. INS, 22 F.3d 1441, 1448 n.3 (9th Cir.

1994). 15 12 OCAHO no. 1271c their services and therefore qualify as “employees.” See 8 C.F.R. § 274a.1(f); Complainant’s Motion, Exs. G-5–G-8. Second, ICE demonstrated that these individuals were either current employees or former employees who fall within the statutory retention period for whom Frimmel Management was required to prepare and/or present Forms I-9.

Regarding former employees, the Form I-9 retention rules require an employer to retain Forms I-9 for three years after the date employment began or one year after employment was terminated, whichever date is later. 8 U.S.C. § 1324a(b)(3) (“Retention of verification form”). Here, the Notice of Inspection was served on August 9, 2013. Therefore, Frimmel Management was required to present to ICE the Forms I-9 of former employees who were hired between August 9, 2010, and August 9, 2013, or were terminated between August 9, 2012, and August 9, 2013, whichever date is later.

1. Counts I and II Count I alleges that there are substantive violations in section 1 and/or sections 2 or 3 of the Forms I-9 for the 255 named individuals. Count II alleges that there are substantive violations in section 1 and/or sections 2 or 3 of the Forms I-9 for the sixty-five named individuals, who ICE further contends are unauthorized for employment in the U.S. A visual examination of these 320 Forms I-9 demonstrates that there is at least one substantive paperwork violation in each form, as charged by ICE. See Complainant’s Motion at 18-20; Appendix A, Counts I- II.12 Frimmel Management is liable for the following substantive paperwork violations: (1) failure to ensure that an employee checks a box in section 1 attesting to whether he or she is a U.S. citizen, a lawful permanent resident (LPR), or an alien authorized to work; (2) failure to ensure that an employee sign the attestation in section 1; (3) failure to review and verify a proper List A or Lists B and C document(s) in section 2; and (4) failure to provide the document title, identification number(s), and/or expiration date(s) of a proper List A or Lists B and C document(s) in section 2.

See Virtue Memorandum at 3-4.13 The substantive violations on the company’s Forms I-9 also include omission of the expiration date of a driver’s license in section 2 and of the issuing authority for a List A document or a List B document in section 2. United States v. Hartmann Studios, Inc., 11 OCAHO no. 1255, 10 (2015) (citation omitted); United States v. Frio Cnty. Partners, Inc., 12 OCAHO no. 1276, 7 (2016); United States v. Ketchikan Drywall Servs., Inc., 10 OCAHO no. 1139, 19 (2011). In addition, failure to reverify an individual’s employment 12 Although ICE alleged that several of the Forms I-9 contained more than one substantive violation, I have not addressed whether each alleged substantive violation exists, as all of the Forms I-9 clearly contain at least one substantive violation.

The company will only be held liable for one substantive violation per Form I-9. See Appendix A, Counts I-II. 13 Frimmel Management recorded the identity and/or employment authorization documents under the wrong “List” in section 2 in numerous Forms I-9. The undersigned referred to these documents in the Appendix by their proper List A, List B, or List C designation and not in accordance with how Respondent recorded them on the Forms I-9.

16 12 OCAHO no. 1271c authorization, if it expires, by completing section 3 no later than the date of expiration is a substantive violation. See Virtue Memorandum at 4; see also Hartmann Studios, 11 OCAHO no. 1255 at 10. Frimmel Management has not refuted ICE’s showing that there is no genuine issue of material fact with respect to the company’s liability. Therefore, ICE will be granted summary decision with respect to all 255 Count I violations and all 65 Count II violations, for a total of 320 violations.

Furthermore, ICE met its burden of proving that most, but not all, of the employees identified in Count II were unauthorized for employment. However, this is a factor that will be considered in the penalty assessment. See discussion infra IV.D.1.c. 2. Counts III and IV Count III alleges that Frimmel Management failed to prepare and/or present Forms I-9 for thirty- two of the named employees.

Count IV alleges that the company failed to prepare and/or present Forms I-9 for twenty-eight employees, whom ICE further contends were unauthorized for employment.14 Failure to prepare and/or present a Form I-9 is a substantive violation. See Virtue Memorandum at 3. The record substantiates that Frimmel Management did not prepare and/or present Forms I-9 for these sixty employees listed in Counts III and IV and Respondent has neither asserted any countervailing argument nor refuted this showing. Complainant’s Motion at 22-31; Appendix, Counts III-IV.

Therefore, ICE will be granted summary decision with respect to all sixty violations charged in Counts III and IV. However, as discussed below with regard to the penalty assessment, ICE met it burden of proving that only two of the twenty- eight employees named in Count IV were unauthorized for employment. See discussion infra IV.D.1.c. The government did not carry its burden of proof by a preponderance of the evidence with respect to the remaining twenty-six employees. For all these reasons, ICE’s motion is granted as to all 380 violations charged under Counts I-IV.

D. Penalty Assessment ICE established Frimmel Management’s liability for 380 violations of 8 U.S.C. § 1324a(a)(1)(B). The permissible fine amount for these violations ranges from the statutory minimum of $41,800 to the maximum of $418,000. ICE’s proposed civil penalty of $377,412.75 represents a fine in the upper range of penalty assessments for first-time offenses. Penalties near the maximum should be reserved for the most egregious violations.

United States v. Fowler Equip. Co., 10 14 As mentioned above, ICE removed Denee Porter-Ishak (#27) and Moises Silva (#32), listed under Count III, and Jorge Armando Nava Lares (#14), listed under Count IV, from the amended complaint. 17 OCAHO no. 1169, 6 (2013). ICE’s penalty guidelines are not binding in this forum, and Administrative Law Judges may review penalty assessments de novo.

See Niche, 11 OCAHO no. 1250 at 9. For the reasons provided below, I will adopt, in part, ICE’s penalty assessment. 12 OCAHO no. 1271c 1. Statutory Factors Due consideration must be given to the following factors in setting an appropriate penalty amount: 1) the size of the employer’s business; 2) the employer’s good faith; 3) the seriousness of the violations; 4) whether or not the individual was an unauthorized alien; and 5) the employer’s history of previous violations.

8 U.S.C. § 1324a(e)(5). “The statute does not require that equal weight necessarily be given to each factor, nor does it rule out consideration of other factors.” Hernandez, 8 OCAHO no. 1043 at 664. a. History of Previous Violations, Good Faith, and Size of the Business ICE appropriately treated the absence of a history of previous violations as a neutral factor. As OCAHO case law instructs, “[N]ever having violated the law before does not necessarily warrant additional leniency, and it is still appropriate to treat this factor as a neutral one.” United States v. New China Buffet Rest., 10 OCAHO no. 1133, 6 (2010). Good faith will also be considered a neutral factor.

“[T]he primary focus of a good faith analysis is on the respondent’s compliance before the investigation.” Id. at 5 (citing United States v. Great Bend Packing Co., 6 OCAHO no. 835, 129, 136 (1996); United States v. Chef Rayko, Inc., 5 OCAHO no. 794, 582, 592 (1995) (modification by the CAHO . Prior to the investigation, it is evident that Frimmel Management had a significantly poor rate of compliance. This alone, however, does not warrant a finding of bad faith on behalf of the employer. Id. at 6 (citing Hernandez, 8 OCAHO no. 1043 at 670).

ICE acknowledges that Respondent did not fail to cooperate with the government during its inspection. See Complainant’s Penalty Statement at 4. Although Frimmel Management avers that Auditor Miller uses these two factors as a “settlement tool,” see Respondent’s Response at 7-8, there has been no showing that the fine amount should be reduced because of good faith or the lack of a history of previous violations. Therefore, both factors will be treated as neutral.

ICE also treated the size of Frimmel Management’s business as a neutral factor. Frimmel Management stated in its answer that it employs eighty-one individuals. OCAHO considers companies which employ less than 100 employees to be small businesses. See United States v. Cawoods Produce, Inc., 12 OCAHO no. 1280, 18 (2016) (citing Niche, 11 OCAHO no. 1250 at 10).

I will therefore treat Frimmel Management’s size as a mitigating factor. b. Seriousness of the violations “Paperwork violations are always potentially serious. The seriousness of a violation refers to the degree to which the employer has deviated from the proper form. A violation is serious if it renders the congressional prohibition of hiring unauthorized aliens ineffective.” United States v. 18 12 OCAHO no. 1271c Sunshine Bldg. Maint., Inc., 7 OCAHO no. 997, 1122, 1179-80 (1998) (internal citations omitted).

Undoubtedly, all of the established substantive violations are serious and ICE met its burden of proving that aggravation on account of this factor is appropriate. See Holtsville 811, 11 OCAHO no. 1258 at 10. Frimmel Management is liable under Counts III and IV for sixty violations of failing to prepare or present a Form I-9, which is considered the most serious of all violations. United States v. Romans Racing Stables, Inc., 11 OCAHO no. 1230, (2014) (citing United States v. MEMF, LLC, 10 OCAHO no. 1170, 5 (2013 .

In addition, the paperwork failures present in Counts I and II are also very serious. Frimmel Management’s failure in ensuring that numerous employees signed section 1 of their Forms I-9 is a serious violation. United States v. Golf Int’l, 11 OCAHO no. 1222, 14 (2014). Relatedly, Respondent’s failure in ensuring that its employees attested to a citizenship or immigration status in section 1 by checking the appropriate box is also very serious.

Cawoods, 12 OCAHO no. 1280 at 18. Section 2 of the Form I-9 has been described as “the very heart” of the employment verification system. United States v. Emp’r Solutions Staffing Group II, LLC, 11 OCAHO no. 1242, 11 (2015), vacated on other grounds, 2016 WL 4254370 (5th Cir. 2016) (quoting United States v. Acevedo, 1 OCAHO no. 95, 647, 651 (1989 .

Accordingly, Frimmel Management’s failure to attest and sign section 2 of almost 300 Forms I-9 is a very serious violation. Frio Cnty., 12 OCAHO no. 1276 at 18 (citing Hartmann Studios, 11 OCAHO no. 1255 at 14). The other section 2 violations here include failures to verify and record a proper List A or Lists B and C document(s) or to record any documents at all. These are all very serious, substantive violations as well.

United States v. Kenneth McPeek Racing Stables, Inc., 11 OCAHO no. 1249, 5 (2015) (citing Emp’r Solutions, 11 OCAHO no. 1242 at 11, 15; Ketchikan Drywall Servs., 10 OCAHO no. 1139 at 10). Approximately ten of the Forms I-9 at issue contain neither an employee signature nor an employer signature, rendering any information provided on the form virtually meaningless in complying with the employment verification scheme of 8 U.S.C. § 1324a(b). In addition, failure to provide important identifying information for the List A or Lists B and C document(s), such as issuing authority and document number, are slightly less serious substantive violations. See Frio Cnty., 12 OCAHO no. 1276 at 18.

Therefore, the fine amount was appropriately aggravated on account of seriousness. c. Involvement of Unauthorized Aliens i. Count IV violations ICE aggravated the Counts II and IV violations because of the alleged unauthorized status of the named employees. The undersigned first finds that ICE met its burden of proving the unauthorized status of two of the twenty-eight Count IV individuals, Juan Alvarado Chamatum and Eduardo Gallardo. These two individuals were listed in the Notice of Suspect Documents. See Complainant’s Motion, Ex.

G-2. In addition, Frimmel Management’s payroll shows that these two individuals used the same Social Security number. Id., Ex. G-8 at 6, 14.

The Notice of Suspect Documents and the company’s own payroll records together cast reasonable doubt on 19 12 OCAHO no. 1271c the authorized status of these two employees. Frimmel Management did not respond to this showing and, consequently, ICE has met its burden of proof by a preponderance of the evidence with respect to the unauthorized status of Mr. Chamatum and Mr. Gallardo. However, ICE failed to meet its burden of proof with respect to remaining twenty-six Count IV violations. See Appendix A, Count IV.

These twenty-six individuals were listed in either the Notice of Suspect Documents or the Notice of Unauthorized Aliens, which Auditor Miller states was served on Respondent on August 9, 2013, with the Notice of Inspection. See Complainant’s Motion, Exs. G-2, G-13, G-16 at 3. ICE also asserted that “MCSO advised” and Complainant verified that six of these employees used a Social Security number belonging to someone else.

Id. at 26-31 (referencing Ex. G-11). It is well-established OCAHO precedent that a Notice of Suspect Documents or references to discrepancies or suspect documents alone do not prove that an individual was unauthorized for employment. United States v. Platinum Builders of Cent.

Fla., Inc., 10 OCAHO no. 1199, 9 (2013). Beyond its own allegations or the unverified allegations of the MCSO, ICE did not show by a preponderance of the evidence that these employees were not authorized to work in the United States. Therefore, the fine will not be enhanced on this basis for the twenty-six Count IV violations. ii. Count II violations As to Count II, ICE met its burden of proving that fifty-three of the named employees were unauthorized for employment.

See Appendix A, Count II. In addition to the Notice of Suspect Documents, ICE presented the following evidence to corroborate that these employees were unauthorized for employment: (1) printouts of check results with the TECS and/or CIS databases indicating that the Social Security numbers or the Alien numbers that the employee provided on his or her Form I-9 either was not issued at all, was not issued to him or her, or belonged to a different individual named in the check results; or (2) printouts of check results with the TECS and/or CIS databases that demonstrate no record was found matching the name and date of birth that the employee provided on his or her Form I-9, along with no record of the Social Security number or driver’s license number provided. See Complainant’s Motion, Ex. G-4.

The record further demonstrates that Frimmel Management neither contested these findings nor addressed the alleged unauthorized status of these employees in its response. “When the government makes a prima facie showing that a document is false based on a computer search of its records system, and the employer fails to provide any evidence to the contrary, substantial evidence supports a finding of lack of authorization.” United States v. Occupational Res. Mgmt. Inc., 10 OCAHO no. 1166, 5 (2013) (citing Mester Mfg.

Co. v. INS, 879 F.2d 561, 566 (9th Cir. 1989 . Therefore, ICE’s credible evidence, which cast substantial and specific doubt on the employment authorization of the employees, created a rebuttable presumption that these employees were not authorized for employment. As Frimmel Management failed to counter this showing, ICE has met its burden of proving by a preponderance of the evidence that these 20 12 OCAHO no. 1271c employees were unauthorized for employment.

Accordingly, aggravation of the fine is warranted for fifty-three violations because of these employees’ unauthorized status. However, with respect to the remaining twelve employees named in Count II, ICE did not meet its burden of showing by a preponderance of the evidence that they were unauthorized. See Appendix A, Count II. Although ICE also presented printouts of its record check results from the TECS and/or CIS databases, the results concerning these employees only indicate that their driver’s license number or state identification number belonged to someone else or was not issued at all.

A driver’s license and state identification card are acceptable List B documents, meaning they establish identity, which is an essential part of the employment verification process. 8 C.F.R. § 274a.2(b)(1)(v)(B)(1)(i); see also Form I-9, List of Acceptable Documents at 9 (Mar. 8, 2013). However, because a List B document does not alone establish employment authorization, by the same logic, the fact that ICE’s records has cast doubt on its validity does not alone establish a lack of employment authorization.

In addition, with respect to Maria Alvarez (#3), ICE submitted an “Employment Authorization Document Update/Inquiry,” which shows that the Social Security number she provided on her Form I-9 belongs to her and that she was granted an Employment Authorization Card (EAC) on December 10, 2010, which expired on December 9, 2011. See Complainant’s Motion, Ex. G-4 at 7, 9. She indicated on her I-9 that she was an alien authorized to work until December 9, 2011.

Id at 7. There are two additional printouts regarding Ms. Alvarez’s EAC showing that she was granted work authorization for periods after December 9, 2011. Without any explanation from ICE, these EAC printouts do not clearly reflect Ms. Alvarez’s unauthorized status. Similarly, as to Oscar Dominguez (#18), the EAC Update/Inquiry does not sufficiently or clearly demonstrate that Mr. Dominguez is unauthorized.

Id., Ex. G-4 at 55. Finally, as to Junior Pita (#46), the CIS check result shows that ICE made a query into an Alien number. Id. at 122.

The number that ICE checked is the number that is written after “A#” on Mr. Pita’s Form I-9 under “ID” in List B. Id. at 121. However, because the document title of this number is “ID,” it is not unlikely that this “A#” does not actually correspond to an Alien number. ICE could have made a query into this number as a state ID based on the ambiguous manner in which it is presented on the Form I-9. The burden of proof remains with ICE and while the government’s evidence is suggestive, without more, it does not rise to the level of a preponderance of the evidence.

United States v. Liberty Packaging, Inc., 11 OCAHO no. 1245, 10 (2015). Therefore, aggravation of the fine is inappropriate with respect to these twelve violations. 2. Non-statutory factor Frimmel Management also asserted in its answer an inability to pay the fine, which is an appropriate factor to consider in the penalty assessment.

See Niche, 11 OCAHO no. 1250 at 11. A party seeking consideration of a non-statutory factor, such as ability to pay the penalty, bears 21 12 OCAHO no. 1271c the burden of proof in showing that the factor should be considered as a matter of equity, and that the facts support a favorable exercise of discretion. See United States v. Buffalo Transp., Inc., 11 OCAHO no. 1263, 11 (2015) (citing United States v. Century Hotels Corp., 11 OCAHO no. 1218, 4 (2014 . However, the company did not further address this issue or present any supporting evidence, and therefore did not meet its burden of showing that this factor supports a favorable exercise of discretion.

Niche, 11 OCAHO no. 1250 at 11-13 (discussing that the respondent’s submission of affidavits from company personnel and a “Profit and Loss Statement” to meet its burden of showing how the penalty assessment would result in economic detriment warranted mitigation of the fine). Accordingly, the fine will not be reduced on account of this non-statutory factor. 3. Recalculation of the Penalty Pursuant to my de novo authority in assessing the penalty amount, I will set $900 as the penalty amount, which includes aggravation for seriousness and mitigation for Respondent’s small size, for (a) all 255 Count I violations, (b) the 12 Count II violations not involving unauthorized aliens, (c) all 32 Count III violations, and (d) the 26 Count IV violations not involving unauthorized aliens.

The penalty amount for these 325 violations is accordingly $292,500. Although this penalty amount is close to the maximum permissible amount, I find it appropriate in light of the gravity of the violations. Frimmel Management not only failed to prepare and/or present close to 300 Forms I-9, multiple Forms I-9 that the company did complete were overall so deficient that they rendered the I-9 essentially useless. Furthermore, the penalty amount for the 53 Count II and the 2 Count IV violations involving unauthorized aliens will be aggravated to $1000 per violation to reflect that IRCA’s employment verification scheme was completely undermined by the employment of unauthorized workers.

The penalty amount for these 55 violations is therefore $55,000. Accordingly, the total civil money penalty for all 380 paperwork violations in Counts I-IV is $347,500.

V. CONCLUSION

Complainant’s Motion for Summary Decision is granted in part, pursuant to 28 C.F.R. § 68.38, and denied in part. ICE met its burden of proving that Frimmel Management is liable for 380 violations of 8 U.S.C. § 1324a(a)(1)(B), failing to comply with the employment verification system of 8 U.S.C. § 1324a(b), as charged in Counts I-IV of the amended complaint. The undersigned also finds that ICE did not demonstrate that it is entitled to summary decision with respect to its proposed penalty amount because ICE failed to show that all the employees named in Counts II and IV were unauthorized for employment as charged in the complaint. However, ICE established that fifty-three of the employees named in Count II and two of the employees named in Count IV were unauthorized for employment, thereby justifying an 22 enhancement of the fine for fifty-five paperwork violations.

Mitigation of the fine is appropriate in light of Respondent’s small size. Furthermore, I concur with ICE’s treatment of good faith and history of previous violations as neutral factors. Frimmel Management is ordered to pay a total civil money penalty amount of $347,500. 12 OCAHO no. 1271c VI.

FINDINGS OF FACT AND CONCLUSIONS OF LAW A.

Findings of Fact 1. Frimmel Management, LLC is a domestic limited liability company organized under Arizona law. 2. On August 9, 2013, the Department of Homeland Security, Immigration and Customs Enforcement served Frimmel Management, LLC with a Notice of Inspection.

3. The Department of Homeland Security, Immigration and Customs Enforcement served Frimmel Management, LLC with a Notice of Intent to Fine on February 10, 2015. 4. On March 10, 2015, Frimmel Management, LLC requested a hearing before an Administrative Law Judge.

5. On August 11, 2015, the Department of Homeland Security, Immigration and Customs Enforcement filed a four-count complaint with the Office of the Chief Administrative Hearing Officer. 6. Visual examination of the I-9s for the individuals named in Counts I and II reflects the errors and omissions alleged by the Department of Homeland Security, Immigration and Customs Enforcement.

7. Visual inspection of the Forms I-9s for the individuals named in Counts I and II reflects additional errors and omissions, but only one penalty will be assessed for each 1-9, regardless of the number of paperwork violations. 8. Frimmel Management, LLC did not prepare and/or present to the Department of Homeland Security, Immigration and Customs Enforcement the Forms I-9 for the individuals named in Count III and IV.

B. Conclusions of Law 1.

Frimmel Management, LLC is an entity within the meaning of 8 U.S.C. § 1324a(a)(1). 23 12 OCAHO no. 1271c 2. All conditions precedent to the institution of this proceeding have been satisfied. 3.

OCAHO rule 28 C.F.R. § 68.38(c) establishes that an Administrative Law Judge “shall enter a summary decision for either party if the pleadings, affidavits, material obtained . . . show that there is no genuine issue as to any material fact and that a party is entitled to summary decision.” 4. Employers must ensure that an employee complete section 1 of the Form I-9 and attest to his or her citizenship or immigration status in the United States by signing and dating the Form I-9 no later than the first day of employment. 8 C.F.R. § 274a.2(a)(3) (attestation under penalty of perjury), (b)(1)(i)(A). 5.

For employees employed for three business days or more, an employer must sign section 2 of the Form I-9 within three days of the employee’s first day of employment to attest under penalty of perjury that it reviewed the appropriate documents to verify the individual’s identity and employment authorization. 8 C.F.R. § 274a.2(a)(3), (b)(1)(ii). 6. In cases arising under 8 U.S.C. § 1324a, the government has the burden of proving by a preponderance of the evidence that the respondent is liable for committing a violation of the employment eligibility verification requirements.

See United States v. Nebeker, Inc., 10 OCAHO no. 1165, 4 (2013) (citing United States v. Am. Terrazzo Corp., 6 OCAHO no. 877, 577, 581 (1996 . 7. In addition to proving liability, “[t]he government has the burden of proof with respect to the penalty, United States v. March Construction, Inc., 10 OCAHO no. 1158, 4 (2012), and must prove the existence of any aggravating factor by a preponderance of the evidence, United States v. Carter, 7 OCAHO no. 931, 121,159 (1997).” United States v. Niche, Inc., 11 OCAHO no. 1250, 6 (2015).

8. “The ‘body’ or identity of a defendant or respondent in a criminal or civil proceeding is never itself suppressible as a fruit of an unlawful arrest, even if it is conceded that an unlawful arrest, search, or interrogation occurred.” INS v. Lopez-Mendoza, 468 U.S. 1032, 1039-40 (1984) (citations omitted). 9. Frimmel Management, LLC is liable for 380 violations of 8 U.S.C. § 1324a(a)(1)(B).

10. In assessing the appropriate penalty, an Administrative Law Judge must consider the following factors: 1) the size of the employer’s business; 2) the employer’s good faith; 3) the seriousness of the violations; 4) whether the individual was an unauthorized alien; and 5) the employer’s history of previous violations. 8 U.S.C. § 1324a(e)(5). The statute neither requires that equal weight be given to each factor, nor rules out consideration of additional factors.

See United States v. Hernandez, 8 OCAHO no. 1043, 660, 664 (2000). 24 12 OCAHO no. 1271c 11. The Department of Homeland Security, Immigration and Customs Enforcement met its burden of proof by a preponderance of the evidence that penalty enhancement was warranted on account of the seriousness of all 380 violations for which Frimmel Management, LLC is liable. 12.

The Department of Homeland Security, Immigration and Customs Enforcement met its burden of proof by a preponderance of the evidence that penalty enhancement was warranted for Frimmel Management, LLC’s hiring of fifty-three unauthorized workers named in Count II and two unauthorized workers in Count IV of the complaint. ORDER ICE’s Motion for Summary Decision is granted in part. ICE met its burden of proving that Frimmel Management, LLC is liable for 380 violations of 8 U.S.C. § 1324a(a)(1)(B). The company is therefore directed to pay a civil money penalty in the total amount of $347,500.

The parties are free to establish a payment schedule in order to minimize the impact of the penalty on the operations of the company.

SO ORDERED.

Dated and entered on October 14, 2016. __________________________________ Robert J. Lesnick United States Administrative Law Judge Appeal Information This order shall become the final agency order unless modified, vacated, or remanded by the Chief Administrative Hearing Officer (CAHO) or the Attorney General. Provisions governing administrative reviews by the CAHO are set forth at 8 U.S.C. § 1324a(e)(7) and 28 C.F.R. pt. 68. Note in particular that a request for administrative review must be filed with the CAHO within ten (10) days of the date of this order, pursuant to 28 C.F.R. § 68.54(a)(1). Provisions governing the Attorney General’s review of this order, or any CAHO order modifying or vacating this order, are set forth at 8 U.S.C. § 1324a(e)(7) and 28 C.F.R. pt. 68.

Within thirty (30) days of the entry of a final order by the CAHO, or within sixty (60) days of the entry of an 25 12 OCAHO no. 1271c Administrative Law Judge’s final order if the CAHO does not modify or vacate such order, the Attorney General may direct the CAHO to refer any final order to the Attorney General for review, pursuant to 28 C.F.R. § 68.55. A petition to review the final agency order may be filed in the United States Court of Appeals for the appropriate circuit within forty-five (45) days after the date of the final agency order pursuant to 8 U.S.C. § 1324a(e)(8) and 28 C.F.R. § 68.56. 26 APPENDIX A COUNT I No. Employee Name Violation(s) Alleged 1 2 Adams, Ashley Aguada, Alexis No employer signature in section 2 No employer signature in section 2 3 Aguilera, Tomas No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employee signature in section 1; No employer signature in section 2 Finding Violation as alleged Violation as alleged Violation as alleged 4 5 6 7 8 9 10 11 12 13 Ake, Victor No employer signature in section 2 Violation as alleged Albright, Shaylee No employer signature in section 2 Violation as alleged Allaby, Rebekah Alvarez, Jason No employer signature in section 2; Issuing authority of LPR card in section 2 not provided No employer signature in section 2 Violation as alleged Violation as alleged Anderson, Cayley No employer signature in section 2 Violation as alleged Annis, Lauren Araiza, Luis Only Social Security card (List C) recorded in section 2; No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged Arellano, Erika No employer signature in section 2 Violation as alleged Arland, Emily No employer signature in section 2 Violation as alleged Austin, Melanie No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No List A or Lists B and C document(s) recorded in section 2; No employer signature in section 2 Violation as alleged 14 Bailey, Dayna Bailey, Lisa More than one box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged Baker, Cody No employer signature in section 2 Violation as alleged Barraza, Emilia Barrera, Rebecca No employer signature in section 2 Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged Violation as alleged 27 15 16 17 18 19 20 Bartimoli, Nicolas No employer signature in section 2 Violation as alleged Barton, Courtney No employer signature in section 2; Issuing authority of driver’s license in section 2 not provided 21 Beach, Katelyn No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Violation as alleged Violation as alleged 22 23 24 25 26 27 28 29 30 31 32 33 34 Beirne, Rachel Beltran, Kevin No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged Bennett, Terra Issuing authority of driver’s license in section 2 not provided; Documents recorded under wrong list in section 2; No employer signature in section 2 Violation as alleged (no issuing authority or employer signature) Beucler, Jessica Blackwell, Jessica No List A or Lists B and C document(s) recorded in section 2 ; No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged Bloor, Haley No employer signature in section 2 Violation as alleged Boemark, Elisabeth Borbon, Pedro No employer signature in section 2 Violation as alleged Improper List B document recorded (driver’s permit) in section 2; Documents recorded under wrong list in section 2; No employer signature in section 2 Violation as alleged (improper document and no employer signature) Bourdan, Ashton Bray, Julia No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged Brown, Laura Only List B document is recorded in section 2 Violation as alleged Bullock, Candace No employer signature in section 2 Butcher, Elizabeth No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employee signature in section 1 Violation as alleged Violation as alleged 35 Buzzatto, Kylie Only List B document is recorded in section 2; No employer signature in section 2 Violation as alleged 36 37 Calmese, Kanisha No employer signature in section 2 Violation as alleged Cañez, Angel No employer signature in section 2 Violation as alleged 28 38 39 Cardona, Fernando No employer signature in section 2 Castro, Morgan Documents recorded under wrong list in section 2; No employer signature in section 2 Violation as alleged Violation as alleged (no employer signature) 40 Catania, Alisha Documents recorded under wrong list in section 2; No employer signature in section 2 Violation as alleged (no employer signature) Cerovski, Carrie Documents recorded under wrong list in section 2; No employer signature in section 2 Cervantes, Ricardo No employer signature in section 2 Violation as alleged (no employer signature) Violation as alleged Cervantez, Albert No employer signature in section 2 Violation as alleged No employer signature in section 2 Charlesworth, Christina Charlton, Emerald No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employee signature in section 1; No employer signature in section 2 Cholinard, Lindsay No employer signature in section 2 Chung, Kahealani Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Document number of List A document in section 2 not provided; No employer signature in section 2 No employer signature in section 2 48 Clark, Kandice Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Claus, Joel Clemmer- Castellanos, Victoria Cockrell, Alexa Coleman, Marquese Collins, Emily Collver, Haley No employer signature in section 2; Violation as alleged No employer signature in section 2 Violation as alleged No employer signature in section 2 Violation as alleged No employer signature in section 2 Two List C documents recorded Violation as alleged Violation as alleged Conroy, Brittany No employer signature in section 2 Violation as alleged Copeland, Brielle Copelin, Jennifer Copelin, Taylor Improper List B document (driver’s permit) recorded in section 2 No employer signature in section 2 Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged 59 Cruz, Jesus No employer signature in section 2 Violation as alleged 29 41 42 43 44 45 46 47 49 50 51 52 53 54 55 56 57 58 60 61 62 Cully, Erica No employer signature in section 2 Violation as alleged Cummins, Gabriela Dahistedt, Lauren No List A or Lists B and C document(s) recorded No employer signature in section 2 Violation as alleged Violation as alleged in section 2; No employer signature in section 2 63 Dahm, Melissa No issuing authority of driver’s license in section 2 provided; Documents recorded under wrong list in section 2 Violation as alleged (no issuing authority) 64 65 66 67 68 69 70 71 Dake, Heather Davidson, Jordan Only List B document recorded in section 2; No Only List B document recorded in section 2 Violation as alleged Violation as alleged employer signature in section 2 Deans, Taylor No employer signature in section 2 Violation as alleged DelRivero, Kimberly Dias, Devon Diaz, Juan DiDomizio, Chantill Dilley, Tanner No employer signature in section 2 Violation as alleged No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged No employer signature in section 2 Violation as alleged No employee signature in section 1; Two List C documents recorded in section 2 Violation as alleged 72 Dobkins, Jana Issuing authority of driver’s license not recorded in section 2; No employer signature in section 2 Violation as alleged 73 74 Donnelly, Payton No employer signature in section 2 Dowdle, Breanna Document title under List B not provided and no Violation as alleged Violation as alleged List C document recorded in section 2; No employer signature in section 2 75 76 77 78 79 80 Dunn, Kendra No employer signature in section 2 Violation as alleged Elenes, Bryan Estrada, Angel No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; Documents recorded under wrong list in section 2; No employer signature in section 2 Violation as alleged Violation as alleged Eutsler, Anjelica No employer signature in section 2 Violation as alleged Farrell, Keli No employer signature in section 2 Violation as alleged Farrimond, Jacob Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 30 81 Figueroa, Jose 82 Fischer, Patience Issuing authority of driver’s license not provided in section 2; No employer signature in section 2 Document title and issuing authority of “ID” not provided in section 2 Violation as alleged Violation as alleged 83 Flores, Tatiana No List A or Lists B and C document(s) recorded in section 2; No employer signature in section 2 Violation as alleged 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Frias, Victor Gallegos, Juan No employer signature in section 2 No employer signature in section 2 Garcia, Gildardo Issuing authority of driver’s license not provided in section 2; No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged Garrison, Alan No employer signature in section 2 Violation as alleged Gernert, Steven No employer signature in section 2 Violation as alleged Gonzalez, Jose Goodrich- McGrath, Brooke No employer signature in section 2 Expiration date of driver’s license not provided in section 2; No employer signature in section 2 Violation as alleged Violation as alleged Gregory, Polina No employer signature in section 2 Violation as alleged Grunthaner, Melanie Gutierrez, Gabriella Gutierrez, Yuren Guzman, Thomas Issuing authority of “Identification” card in section 2 not provided; No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged No employer signature in section 2 Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged Harden, Brittany No employer signature in section 2 Violation as alleged Hartz, Keanna No employer signature in section 2 Violation as alleged Harvey, Devon No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work Violation as alleged Hazen, Ashlyn 99 100 Hernandez, Christian No employer signature in section 2 Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged 101 Hernandez, Ebeni No employer signature in section 2 Violation as alleged 102 Hernandez, Ernesto No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Violation as alleged 31 103 Hernandez, Jose C. No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Violation as alleged 104 Hernandez, Jose R. Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 Violation as alleged 105 Hernandez, Rachael Document title of numbers recorded in section 2 not provided; No employer signature in section 2 Violation as alleged 106 Hernandez, Raul Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 107 Hernandez, Sydney 108 Hester, Emily 109 Hicks, Miranda No employer signature in section 2 Violation as alleged No employer signature in section 2 Violation as alleged Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 110 Higuera, Breyel 111 Hill, Steven No employer signature in section 2 Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged 112 Hirschi, Madison Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 113 Hodil, Debra No List A or Lists B and C document(s) recorded in section 2; No employer signature in section 2 Violation as alleged 114 Hollabaugh, Skye Expiration date of driver’s license in section 2 not Violation as alleged provided; No employer signature in section 2 115 Hood, Brett 116 Humphrey, Chelsey No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged 117 Hunter, Elizabeth No employer signature in section 2 Violation as alleged 118 119 Ireland, Raymond No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 No employer signature in section 2 Ivy, Caroline 120 Jacks, Cori Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged 32 121 Jaramillo, Dionicio No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Violation as alleged 122 Kelley, Coral No employer signature in section 2 Violation as alleged 123 Kempf, Charles 124 Kershaw, Dani No employer signature in section 2 Issuing authority of “Birth Cert.” in section 2 not provided Violation as alleged Violation as alleged 125 Kershner, Taylor 126 Kluge, Karalyn No employer signature in section 2 Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged 127 Kobert, Taylor No employer signature in section 2 Violation as alleged 128 Koca, Kenneth No employer signature in section 2 Violation as alleged 129 Kowalchuk, Angela Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged 130 Kriegel, Kelly No employer signature in section 2 131 Krukowski, Sami No employer signature in section 2 Violation as alleged Violation as alleged 132 Kuznecova, Anastasij 133 Lachcik, Shelly No employer signature in section 2 Violation as alleged No employee signature in section 1; no employer signature in section 2 Violation as alleged 134 Lagunas, Giovanni No employer signature in section 2 Violation as alleged 135 Landavaso, Rebecca Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 136 Lewis, Marissa No employer signature in section 2 Violation as alleged 137 Leyva, McKenna No employer signature in section 2 Violation as alleged 138 Liu, Angel 139 Lund, Cassidy No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged 140 Luyendyk, Maida No employer signature in section 2 Violation as alleged 141 Luyssaert, Betsy 142 Lynch, Erica No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged 143 Mancini, Anthony No employer signature in section 2 Violation as alleged 144 Marino, John No employer signature in section 2 Violation as alleged 33 145 Marquez, Luis No employer signature in section 2 Violation as alleged 146 Marshall, Ashley No employer signature in section 2 147 Martin, Brandi No employer signature in section 2 148 Martinez, Angela Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 149 Martinez, Keegan No employer signature in section 2 150 Martinez, Oscar No employer signature in section 2 151 McCabe, Taylor No employer signature in section 2 (employee signed employer attestation) 152 McCluskey, Michael No employee signature in section 1; No List A or Lists B and C document(s) recorded in section 2; No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged 153 McCullough, Tyler No employer signature in section 2 Violation as alleged 154 McDuffie, Megan No employer signature in section 2 155 McElrath, Mariah No employer signature in section 2 156 McEvoy, Katrina No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employee signature in section 1 Violation as alleged Violation as alleged Violation as alleged 157 McFarland, Nadine 158 Meins, Casey Issuing authority of driver’s license in section 2 not provided Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged 159 Meza, Jonathan Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 160 Miramontes, Zenia Issuing authority of driver’s license in section 2 not Violation as alleged provided 161 Monzon, Cristhian Alien number not provided in section 1 after box Violation as alleged checked for LPR (and number not provided in sections 2 or 3 or in documents attached to Form I- 9); No employer signature in section 2 162 Mora, Antonio 163 Moreno, Mauvia No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged 164 Mrazek, Brittaney Only List B document recorded in section 2; No Violation as alleged employer signature in section 2 165 Mundy, Victoria Document title of List A document not provided Violation as alleged 34 166 Munnery, Tiffiny Alien number not provided in section 1 after box Violation as alleged 167 Negrete, Jaime checked for LPR (and number not provided in sections 2 or 3); Expiration date of driver’s license in section 2 not provided No employee signature in section 1; Issuing authority of “ID” in section 2 not provided; No employer signature in section 2 Violation as alleged 168 Nguyen, Anthony No employee signature in section 1 Violation as alleged 169 Nichols, Kevin Only List C document recorded in section 2; No employer signature in section 2 Violation as alleged 170 Nunez, Angel Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 171 O’Boyle, Breanna No document number of driver’s license in section Violation as alleged 2 provided; No employer signature in section 2 172 Ochoa, Jorge 173 Oddo, Breanna No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged 174 Olson, Candace Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged 175 Oprea, Sonia No employer signature in section 2 Violation as alleged 176 Ortega, Cesar No employer signature in section 2 Violation as alleged 177 Ortiz, Cynthia 178 Ortiz, Dezmond Improper List A document recorded in section 2; No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged 179 Ott, Kristy No employer signature in section 2 Violation as alleged 180 Owens, Kevin 181 Pantaleon, Silvestre 182 Parker, Rhiannon Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 No employer signature in section 2 Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged 183 Pascal, Jessica No employer signature in section 2 Violation as alleged 35 184 Perez, Jesus 185 Pieri, Nicole 186 Pohlmeyer, Samara 187 Powell, Lynzie Box checked in section 1 indicating alien authorized to work but birth certification (California) recorded in section 2; No employer signature in section 2 Violation as alleged No List A or Lists B and C document(s) recorded in section 2; No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged No document number provided in section 2 for Social Security card; No employer signature in section 2 Violation as alleged 188 Prenovost, Ashley No employer signature in section 2 189 Pupillo, Angela No employer signature in section 2 Violation as alleged Violation as alleged 190 Quiroz, Jessica No employer signature in section 2 Violation as alleged 191 Ramirez, Genesis No employer signature in section 2 Violation as alleged 192 Ramirez, Joel 193 Ramirez, Robert Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Violation as alleged Violation as alleged 194 Rocha, Rogelio Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 195 Roche, Amanda No employer signature in section 2 Violation as alleged 196 Rodriguez, Margarita 197 Ryner, Andrea 198 Salinas, Estevan No employer signature in section 2 Violation as alleged Only List C document recorded in section 2 Expiration date of driver’s license in section 2 not provided; Document title of List C document in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged 199 Sanchez, Cameo No employer signature in section 2 Violation as alleged 200 Santos, Vanessa 201 Schmidtke, Bailee Only List B document recorded in section 2; No employer signature in section 2 Issuing authority of driver’s license in section 2 not provided; Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged Violation as alleged 36 202 Schramke, Breann No employer signature in section 2 Violation as alleged 203 Segaline, Nicole Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged 204 Shadowens, Kaila No employer signature in section 2 Violation as alleged 205 Shively, Madison No employer signature in section 2 206 Silva, Aaron Only List C document recorded in section 2; No employer signature in section 2 (employee signed section 2) Violation as alleged Violation as alleged 207 Sinkhorn, Tiffany No employer signature in section 2 Violation as alleged 208 Smelter, Amanda No employer signature in section 2 209 Smith, Danielle Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged 210 Smith, Jenna Issuing authority of driver’s license in section 2 not provided Violation as alleged 211 Stalker, Sarah No employer signature in section 2 Violation as alleged 212 Stark, Sabrina No employer signature in section 2 Violation as alleged 213 Stires, Chelsea 214 Stoneberger, Stephanie Only List B document recorded in section 2; No employer signature in section 2 Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged Violation as alleged 215 Stout-Murphy, Christin Issuing authority of driver’s license in section 2 not provided Violation as alleged 216 Strang, Jaime Document title and issuing authority of List B document in section 2 not provided; No employer signature in section 2 217 Stuart, Mackenzie No box in section 1 indicating U.S. citizen, LPR, or alien authorized to work 218 Suarez, Monica 219 Surber, Patricia 220 Swart, Siera Issuing authority of passport in section 2 not provided; No employer signature in section 2 No employer signature in section 2 Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged 221 Szoke, Amanda Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 37 222 Tarango, Tania No employer signature in section 2 Violation as alleged 223 Terry, Anabel 224 Terry, Danielle No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged 225 Thornton, Brianne No employer signature in section 2 Violation as alleged 226 Todd, Nichole 227 Toledo, Alfredo Pablo Only List B document recorded in section 2; No employer signature in section 2 Issuing authority of driver’s license in section 2 not provided Violation as alleged Violation as alleged 228 Torres, Alfonso Two List C documents recorded in section 2 Violation as alleged 229 Torres, Elizabeth No employer signature in section 2 Violation as alleged 230 Torres, Jessica Issuing authority of driver’s license in section 2 not provided Violation as alleged 231 Trevett, Ashley 232 Trojanek, Mary No employer signature in section 2 Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged Violation as alleged 233 Trottier, CassiDee No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employee signature in section 1 234 Tye, Alyssa 235 Vahary, Robert No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged 236 Valderas, Juan Issuing authority of driver’s license in section 2 not provided; No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work Violation as alleged 237 Vazquez, Juan No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Violation as alleged 238 Vaughn, Suzanna Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 239 Victoria, Mario 240 Vinay-Harrod, Meghan No employer signature in section 2 Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged 38 241 Vise, Ashlee Expiration date of driver’s license in section 2 not provided; Title of List C document in section 2 not provided; No employer signature in section 2 Violation as alleged 242 Warda, Rachel 243 Warrell, Jay 244 Webb, Megan No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employee signature in section 1; No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged 245 Werton, Tara Issuing authority of driver’s license in section 2 not provided; No employer signature in section 2 Violation as alleged 246 White, Sarah Only List B document recorded in section 2; No employer signature in section 2 Violation as alleged 247 Williams, Kaylyn Documents recorded under wrong list in section 2; 248 Wilson, Megan No employer signature in section 2 No employer signature in section 2 249 Winger, Keri 250 Wittels, Daryn No employee signature in section 1 No employer signature in section 2 251 Woods, Austin Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 No employer signature in section 2 252 Wright, Jonquil 253 Wurgler, Marissa No employer signature in section 2 254 York, Jacqueline 255 Yuzuik, Trina No employer signature in section 2 No employer signature in section 2 Violation as alleged (no employer signature) Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged No. Employee Name Violation Alleged Finding COUNT II 1 Aguilar, Juan No employer signature in section 2 Violation as alleged Did ICE Establish Unauthorized Status? Y 39 2 Alvarado, Luis No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Violation as alleged Y 3 4 5 6 7 Alvirena, Jose Alvarez, Maria Issuing authority of driver’s license in section 2 not provided; employee’s expired work authorization not updated and reverified in section 3 Only List B document recorded in section 2; No employer signature in section 2 No employer signature in section 2 No employer signature in section 2 Expiration date of driver’s license in section 2 not provided; No employer signature in section 2 Bedoni, Franson No employer signature in section 2 Brooks, Catherine No employer signature in section 2 Arellano, David Arteaga, Ruben Baca, Mario 8 9 10 Caballeros, Edgar 11 Cabanas, Carlos 12 Cano, Maria 13 Chavez, Ariel 14 Chavez, Jorge Document title or issuing authority of “I.D.” in section 2 not provided; No employer signature in section 2 Alien number not provided in section 1 after box checked for LPR (and number not provided in sections 2 or 3); Improper List A document recorded in section 2 (Mexican passport); No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 No employer signature in section 2 15 Clavido, Tomas 16 Cinz Cruz, Rogelio No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Only List C document in section 2 provided; No employer signature in section 2 17 Diaz, Jose 40 Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged N N Y Y N N N Y Y Y Y Y Y N Y 18 Dominguez, Oscar No employee signature in section 1; No Violation as alleged employer signature in section 2 19 Espinoza, Yomaira No employer signature in section 2 20 Ferrer, Ricardo Issuing authority of LPR card in section 2 not provided No box in section 1 checked indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 Multiple boxes checked in section 1 Violation as alleged Violation as alleged Violation as alleged Violation as alleged No employee signature in section 1 Violation as alleged 21 Flores, Jose 22 Friedman, Josephine 23 Gallegos Lopez, Kathy 24 Guevara, Rosario 25 Gutierrez, Adolfo 26 Gutierrez Lopez, No box in section 1 checked indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 No employer signature in section 2 No employer signature in section 2 Javier 27 Lamar, Joseph 28 Lopez, Dover No employer signature in section 2 No box in section 1 checked indicating U.S. citizen, LPR, or alien authorized to work; Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 No employer signature in section 2 Number recorded under List B only; No employer signature in section 2 31 Martinez, Ariel No employer signature in section 2 32 Martinez, Christian No employer signature in section 2 33 Mercado, Jose 29 Lopez, Eduardo 30 Lopez, Ivan Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged 34 Moran Vargas, Roberto 35 Munoz, Jose 36 Munoz, Juan 37 Navarro, Ramiro 38 Noriega, Jose 39 Nunez, Nathan 40 Olmos, Carlos No employer signature in section 2 No employer signature in section 2 No employee signature in section 1 More than one box checked in section 1; No employer signature in section 2 No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; no employee signature in section 1; no employer signature in section 2 41 N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 41 Orozco Barajas, Artemio Pacheco, Edgar 42 43 Perez, Agustin 44 Perez, Rafael 45 Pita, Geovanni 46 Pita, Junior 47 Posada, Jose 48 Ramos, Luis 49 Raymundo Bernal, Rene 50 Rivera, Francisco 51 Rivera, Jose 52 Rocha, Juan No employer signature in section 2 Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Y Y Y Y Y N Violation as alleged Y Violation as alleged Y Violation as alleged Violation as alleged Violation as alleged Violation as alleged Y Y Y Y Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No List A or Lists B and C document(s) recorded in section 2; No employer signature in section 2 Only List B document recorded in section 2; No employer signature in section 2 Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 (employee signed) No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; Document title of List B document in section 2 not provided; No employer signature in section 2 (employee signed) No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employee signature in section 1; Issuing authority of LPR card in section 2 not provided Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 No employee signature in section 1; No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; Issuing authority of LPR card in section 2 not provided Improper List B document provided (driver’s permit); No employer signature in section 2 42 Violation as alleged Y 53 Roman, Ramon 54 Romero, Juan 55 Roque, Miguel 56 Rosa, Santiago 57 Santos Valenzuela, Jesus No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 Alien number not provided in section 1 after box checked for LPR (and number not provided in sections 2 or 3) Issuing authority of LPR card in section 2 not provided; No employer signature in section 2 Document title and number of List B document in section 2 not provided; No employer signature in section 2 Alien number not provided in section 1 after box checked for LPR (and number not provided in sections 2 or 3); No employer signature in section 2 58 59 Scheoneman, Korin No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work Only List C document recorded in section 2; No employer signature in section 2 Silva, Carlos Silva, Christopher No employer signature in section 2 60 61 Tapia, Alonzo No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 (employee signed) No employer signature in section 2 No box checked in section 1 indicating U.S. citizen, LPR, or alien authorized to work; No employer signature in section 2 62 Uzarraga, Jose 63 Villalba, Miguel Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged 64 Vivar Reyes, Jesus No employer signature in section 2 65 Zacapaia, Genaro Document number of List A document in section 2 not provided; No employer signature in section 2 Violation as alleged Violation as alleged COUNT III N Y Y N N Y Y Y Y N Y Y No. 1 Employee Name Acosta Aguilar, Jose Violation(s) Alleged Failure to prepare and/or present I-9 Finding Violation as alleged 43 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Aguilar Flores, Jose Artemio Anthony, Cayci Failure to prepare and/or present I-9 Violation as alleged Failure to prepare and/or present I-9 Violation as alleged Antunez, Pedro Failure to prepare and/or present I-9 Violation as alleged Barrios, Paul Failure to prepare and/or present I-9 Violation as alleged Basich, Amanda Failure to prepare and/or present I-9 Violation as alleged Bernal Rivera, Jacinto Failure to prepare and/or present I-9 Violation as alleged Brito, Gerardo Failure to prepare and/or present I-9 Violation as alleged Ceja, Magdaleno Failure to prepare and/or present I-9 Violation as alleged Daws, Erica Failure to prepare and/or present I-9 Violation as alleged Dianne, Millanes Melissa Farni, Ashlee Failure to prepare and/or present I-9 Violation as alleged Failure to prepare and/or present I-9 Violation as alleged Flint, Derek Failure to prepare and/or present I-9 Violation as alleged Foran, Patricia Failure to prepare and/or present I-9 Violation as alleged Foti, Kendra Failure to prepare and/or present I-9 Violation as alleged Gutierrez, Cesar Failure to prepare and/or present I-9 Violation as alleged Hernandez, Rebecca Failure to prepare and/or present I-9 Violation as alleged Higgins, Amanda Failure to prepare and/or present I-9 Violation as alleged Leal Rivera, Jose Failure to prepare and/or present I-9 Lopez, Neiver Failure to prepare and/or present I-9 Violation as alleged (received wages during inspection period) Violation as alleged Marin, Jorge Failure to prepare and/or present I-9 Violation as alleged Marino, Leonardo Failure to prepare and/or present I-9 Violation as alleged Morrison, Lindsay Failure to prepare and/or present I-9 Violation as alleged Norton, Lisa Failure to prepare and/or present I-9 Violation as alleged Ojeda, Osualdo Failure to prepare and/or present I-9 Violation as alleged 44 26 281 29 30 31 33 34 Perez, Joe Duran Failure to prepare and/or present I-9 Violation as alleged Rames, Oscar Failure to prepare and/or present I-9 Violation as alleged Rivera, Rafael Failure to prepare and/or present I-9 Violation as alleged Sheddon, Eileen Failure to prepare and/or present I-9 Violation as alleged Shimp, Lexis Failure to prepare and/or present I-9 Violation as alleged Smith, Denise Failure to prepare and/or present I-9 Violation as alleged Tapia, Taylor Failure to prepare and/or present I-9 Violation as alleged No. Employee Name Violation Alleged Finding COUNT IV 1 2 Abundez Gonzalez, Fernando Steve Acosta, Felipe 3 Alvarado Chama, Juan 4 Arredondo, Manuel 5 Balderas, Antonio 6 7 Balderas, Carmen Gallardo, Eduardo 8 Gonzalez, Fernando Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Did ICE Establish Unauthorized Status?

N N Y N N N Y N 1 Denee Porter-Ishak (#27) and Silva Moises (#33) were removed from the complaint. 45 9 Gonzalez, Luis 10 Gonzalez, Marcial 11 Gregorio, Carlos 12 Hernandez, Juan 13 Ibarra Echauary, Luis 14 Lares, Armando 15 Meneses, Andres 16 Moran Vargas, Victor 182 Navarro, Edgar 19 Osorio, Joaquin 20 Pantaleon, Christina 21 Pena, Jose 22 Perez, Rodolfo 23 Ramirez, Johnathan Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged (received wages during inspection period) Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged Violation as alleged 2 Jorge Armando Nava Lares (#17) was removed from the complaint. 46 N N N N N N N N N N N N N N 24 Ramirez, Rene 25 Reyes, Alberto 26 Rosales, Alicia Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Violation as alleged Violation as alleged Violation as alleged 27 Villanueva Fernandez, Valentin Failure to prepare and/or present I-9 28 Zavala, Jose 29 Zavala Zavala, Gerardo Failure to prepare and/or present I-9 Failure to prepare and/or present I-9 Violation as alleged (received wages during inspection period) Violation as alleged Violation as alleged N N N N N N 47