hw group plea agreement

7/21/2019 HW Group Plea agreement

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Criminal-

No:

PLEA AGRE•\ NT

HW GROUP•Œ

LLC.

Genera].

Provisions

Thls PLEA AGREEMENT ls made thls

day of%/1

•Œ

2076,

between

the United States of

America,

ds

represented

by

United

States

Attorney

WILLIAM N.

NETTLES,

Assistant

United

States Attorney

Jim

May;

the Defendant,

El{

GROUP,

LLC., and

Defendant's

attorney,

Debbie

Barbier.

IN

CONSIDERATION

of the mutual

promises

made

herein, the

parties

agree

as

fol-l-ows:

1. The

Defendant

agrees

to waj-ve Indictment

and

arraignment,

and

plead

guilty

to an

fnformation

charging,

unlawful

employment

of al-iens, in viol-ation

of

Title

I

,

United

States

Code,

S

7324a(a)

(1)

(A)

and

Title

18

United

States

Code,

S

2.

In order to sustain its

burden

of proof, the

Government

is

required

to

prove

the

followj-ng:

3:16-po-2

3:16-po-00002-MCRI Date Filed 02/25/16 Entry Number 4 of 11



Count

1

a.

the defendant

as

an owner

of

agricultural

land;

b.

hired

for

employment

aliens

or

caused to

be hired

for

employment

aliens;

c.

without

complying

with Title

29,

United

States Code,

Section

1802.

The

penalty for this

offense

is:

a fine of not more than $3,000 per unauthorized alien and

or

imprisonment

of

not

more

than

six months,

plus

a special

assessment

of

$10.

In

order

to sustain

its

burden of

proof

as to a viol-ation

of

1B U.S.C.

S

2, the

Government

is requi-red to

prove

the

following

beyond

a

reasonabl-e

doubt:

a.

The

Defendant

associated

with the criminal

conduct;

b.

The

Defendant

knowingly

participated

in

the

criminal

conduct; and

c.

The Defendant

sought

by

its

actions

to make

the

criminaf

conduct

succeed.

2. The

Defendant

understands and

agrees that

monetary

penalties Ii. e.,

speciaJ_

assessments, fines and

other

payments

required

under the

sentencel

imposed

by the

court

are due immediately.

‚Â ‚S




Special

Assessment:

Pursuant

to

1B

U.S.C.

53013,

the

Defendant

must

pay

a

speciaJ_

assessment

of

$10

for

each misdemeanor

count

for

which

they

are

convicted.

This special

assessment

must

be

paid

at or before

the

time

of

the

guilty

plea

hearing.

Fines:

The

Defendant

understands

that

the

Court

will impose

a fine

pursuant

to

18

U.S.C.

SS

3571

and 3572.

The Defendant

understands

that the obligations

the

Government within

the Plea

Agreement

are

expressly

contingent

upon the Defendant

and

its

related

entities

abiding by

federal-

and state Iaws

and

complying

with

any

bond

executed in

this case.

A

"rel_ated

entity,,

is

def

ined

as

any entity

to

which

the Defendant

l-eases

its

land

and/or

is

engaged

with in the agricultural business during

the

probationary

period.

rn

the event

that

the

Defendant

or

its

related

entities

fail

to comply with

any

of this

Agreement,

either

express

of

the

provisions

or

implied,

the

Government

will

have

the right,

dt

its

sore

erection,

to

void

all of

its

obligations

under

this

Agreement

and

the

Defendant

will not have any right to withdraw its plea of

guilty

to

the

offense

(s)

enumerated

herein.

Merger

and

Ottrer

provisions

A

B.

3. Of

-3-




The

parties

have

entered into

this

Prea

Agreement

under

Fed.R.Crim.P.

11(c)

(1)

(C)

with

the

understanding

that

the

Court will

accept or reject

the

agreement

but may

not

modify

its

terms. If

the District

Court

modifies

any

portj-on

of the PIea

Agreement,

the

Defendant

has

the

right

to withdraw

the

guilty

plea.

The

United

States

and

the

Defendant

stipulate and agree

that

the following

is

an

appropriate

sentence:

(a)

the Defendant

corporation

caused

to be employed

between

300 and 350 al_iens without valid

documentatj-on;

(b)

the appropriate

penalty

in

this

case

is

a fine

of

$1,000,000

and

this

penalty

represents

the

total

amount

to be

paid

by the Defendant pursuant

to the

guilty

plea

and that

no

other fine,

including

any

administrative

fine

or restitution

or

forfeiture,

shall

be applicable

in

thls case. If the court, after reviewing this

plea

agreement,

and before

accepting

it,

concludes

that

any

provision

is

inapproprj-ate,

it

may

reject

the

plea

agreement, giving

the defendant,

in

accordance

with

Fed.R-crim.P.

11(c)(5),

an opportunity

to

withdraw

the

guilty

prea.

The

parties

stipurate

that

on

May

6, 2ol3

a

rerated entity of the

Defendant

received Form

r-g

enforcement

subpoenas

and

was

audited

by

the

Department

of

Homerand

security

("DHS-)

The

usAo

and

DHS

agree

that

the

$

1,

000,

000

.

00

f ine

agreed

to

in

this

cri-mina1

case

wirt

-4-




fully

resolve

any

and

all

administrative

Iiability of the

Defendant

and/or any of its related entities

resuJ-ting

from

the

DHS

audit

commenced

on or

about May 6,

2013.

5.

The

Parties

agree

that

the

Defendant will

be

placed

on

organizational

probation for

a

from

the

date

of

sentencing.

period

of

four

(4)

years

The following

terms

of

probation are

special

terms

of

probation

to

which the

Defendant

agrees

to

be subject

in addition

to al-l-

standard

terms

of

probation:

a.

The

Defendant

agrees

that

it

sha1l

not commit any

further

criminal

viol-ations

and will comply

fully with

any

future

Eorm

I-9

inspections

ai-med

at

verifying

that

the

Defendant

is no

longer

employing

illegaI

al-iens.

b.

Defendant

shall

notify

j-ts

related

entities and its

officers,

Human

Resources employees, and any managers

invol-ved

in the hiring

and/or termination

of

employees

of its criminal-

behavior and remedial

actions, by

providing to

them

copies of the Exhlbit A.

Statement

of Eacts, and Exhibit

B.

Compliance

and Monitoring

Program

("CMP")

Eor

a

period

of 48

months,

defendant

and its

rel-ated

entities

shall

also

post,

in

areas

frequented

by and visible

to its

employees,

copies

of

the Employee

Disclosure

Statement,

Exhibit

C.

-5-




Defendant and its

related entities

shall

implement

and

continuously

maintain,

for

the 4B-month

probationary

period,

the

CMP. Every six months

during

the term

of

defendant's

probation,

defendant

shaII

provide

to

the

USAO,

the

Department

of Homeland

Security,

and

the

Probatj-on Officer

reports in which

it

describes

the

defendant's

progress

in implementing

the CMP

set forth

in Exhibit

B. The Defendant

and its

related

entities

agrees to

provide

training

to its managers

and

employees

with hiring authority

about

complying

with

United States

immigration l-aws.

Training

shaII

be

accomplished

within

90

days

of sentencing.

The

Defendant shall notify

the

probation

officer

within

seventy-two

hours of

any

criminaf

prosecution

against it or

knowledge

by an

executi-ve

officer of

any

referral for

potential

criminal

prosecution

to

the

United States

Department of

Justice

from immigration

authoritles.

The Def

endant

shall- designate

an

of f ic

j-al

of

the

organization

to act as

the

organization,

s

representative

and

to be the primary contact with

the

United States

Probation Office.

The Defendant and

its

related

entities

shall-

provide

written notice to

the

government

and

the U.

S.

d.

-6-




Probation

Office ten

days

prior

to

(i)

any

change

of

its corporate

name,

or

(if)

any change

in

the

principal

business

location

or mailing

address.

No

change

in

name,

business

reorganization,

bankruptcy,

change

in ownership,

or control

of

the Defendant,

merger, change

in legal status,

purchase

of assets,

or

simil-ar action

shalI

alter

or dimi-nish

the

Def

endant

or its rel-ated

enti-ties'oblj-gations

under this

plea

agreement.

The Defendant

further agrees that it will

not engage

in any business reorganization,

transfer

of

ownership,

corporate dissolution,

or other

business

practi-ce,

incJ-uding

the

sal-e

or

transfer

of assets,

in

order

to avoid the obligations set forth

in

this

plea

agreement.

6.

The parties agree that the Defendant and its

rel-ated

entities

have

a

grace period

of eighteen

months

(18)

from

the date of sentencing to

become fully

compliant

with

all-

f

ederal immigration

.l-aws, DHS

agrees

to

provide

the

Defendant

a list

of

employees

determined

to

have

suspect

documents

as

a resul-t

of the Form

r-9

audit.

DHS

agrees

to

return the Eorms r-9 and rerated paperwork that

was

previously

provided

to DHS

via

the

r-9

audit

commenced

on

or

about

May

6,

2013.

-7-




Defendant

and

its

related

entities

are

• ¡

compliance

with

this

agreement,

the

United

States

agrees

that this agreement

will not

impact

the ability

of

Defendant and its related

entities

to

sponsor foreign

national-s for nonimmigrant visas,

including,

but

not

Iimited to, H-1B, H-28, and H-2A visas.

The

United

States

agrees that they will

agencies

for

debarment

or

the investigated

conduct.

B.

The

Defendant

represents

wj-th their

attorneys

on

not make

any

referrals

to any

suspension

proceedings

related

to

to the court

that

they

have

met

a sufficient

number

of

occasions

and for a sufficient

period

of

time

to

discuss

the

Defendant's

case and receive advice;

that

the Defendant

has

been truthful with

their attorneys

and

related

all

information of which the

Defendant

is

aware

pertaining

to

the case;

that

the

Defendant

and

their

attorneys

have

discussed

possible

defenses, Lf

dDy,

to

the

charges

in

the

rnformation

including

the

existence

of

any

excurpatory

or

favorable

evldence

or witnesses,

discussed

the

Defendant,

s

right

to

a

public

trial-

by

jury

or

by

the

court,

the

right

to the assistance of

counsel-

throughout the

proceedings,

the

right

to

call

witnesses

j-n

the

Defendant,

s

behalf

and

comper

thelr

attendance

at

trial-

by

subpoena,

the

right

to

confront

and

cross-examine

the

government,

s witnesses,

the

-8-




Defendant's

right to testify

in their

own

behalf, or

to

remain

sil-ent and

have no

adverse inferences

drawn from

their silence;

and that the

Defendant,

with

the advice

of

counsel,

has

weighed

the

relative

benefits

of a

trial- by

jury

or

by the

Court

versus

a

plea

of

guilty

pursuant

to

this

Agreement, and

has entered this

Agreement

as a matter

of the

Defendant's

free

and

voluntary

choice,

and not as

a

resul-t of

pressure

or

intimidation

by any

person.

9.

The

Defendant

is

aware

that 18 U.S.C. S

3742

and

28

U.S.C.

S

2255

afford

every

defendant certain

rights

to contest

a

conviction

and/or

sentence. Acknowledging

those rights,

the

Defendant,

in

exchange

for

the concessions

made

by the

Government

in this

Plea Agreement,

waives

the right

to

contest either

the conviction or the

sentence

in

any

direct

appeal or other post-conviction action, including

any

proceedings

under

28

U.S.C.

S

2255.

(Thi-s

waiver

does not

apply to

claims

of ineffective

assistance

of

counsel

or

prosecutorial

misconduct

raised

pursuant

to 28

U.S.C.

S

2255 .

)

The

Defendant waives

all rights,

whether

asserted

directly

or by a representati-ve, to request or receive from

any

department

or

agency

of the

united

States

any

records

pertaining

to

the

investigation

or

prosecution

of

this

case,

including

wit.hout

limitation

any

records

that

may

be

10

-9-




sought under

the

Freedom

552,

or the

Privacy

Act of

The

parties

hereby

agree

the

entire agreement

of

supersedes

aII

prior

statements

of the

parties;

of

Informat

j,on

Act, 5

U. S.

C.

S

L914,5

U.S.C.

S

552a.

that this

PIea

Agreement

contains

the

parties;

that this Agreement

promlses,

representations

and

that this

Agreement

shal-l- not

be

binding

on any

party

until

the Defendant

tenders a

plea

of

guilty

to the

court having

jurisdiction

over

this

matteri

that this

Agreement may

be modified only in writing

signed

by

all

parties;

and that any and al-l

other

promises,

representations

and statements,

whether

made

prior

to,

contemporaneous

with or after

this Agreement,

are null-

and

void.

Date

rs‚µ

• L

/ƒm

/7ƒO

DATE

Z•L– œ

\

/ƒÇDate

WILLIAM No NETTLES

UNITED STATES ATTORNEY

DEFENDANT

IE BARBIER

ORNEY FOR THE DEFENDANT

Y (#1 5)

ITED STATE

ATTORNEY

-10-




IJ.

S.

DEPARTMENT

OF JUSTICE

Statement

of Special

Assessment

Amount

This

statement reflects

your

special

assessment

only. There may

be

other

penalties

imposed at sentencing.

This

Special Assessment

is

a

MAKE

CHECK OR

MONEY

ORDER

PAYABLE

TO:

CLERK, U.S.

DISTRICT

COURT

PAYMENT

SHOULD

BE

SENT

TO:

Clerk,

U.S.

District

Court

Matthew J.

Perry,

Jr. Courthouse

901 Richland

Street

Columbia,

SC

29201

OR

FIAND DELIVERED

TO:

Clerk's Office

Matthew

J.

Perry,

Jr.

Courthouse

901 Richland

Street

Columbia,

SC

29201

(Mon.

-

Fri.

8:30

a.m.-

4:30 p.m.)

INCLUDE

DEFENDANT'S

NAME

Oli

CHECK

OR MONEY

ORDEY

(Oo

NS _send

cqsl)

ENCLOSE THIS

COUPON

TO

INSURE

PROPER

and PROMPT APPLIC:ATIOIV

OF

PAYMENT

ACCOUNTINFORMATION

CRIMoACTION NO.:

DEFENDANT'SNAME:

HW GROUP•Œ LLC.

PAY THIS AMOUNT:

$10.00

PAYMENT DUE ON OR

BEFORE:

(date

plea

agreement

signed)


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