By: Bruce E. Buchanan, Sebelist Buchanan Law



Executives at Speed Fab-Crete Corp., a North Texas construction company, and Take Charge Staffing have been charged and pled guilty to unlawful harboring and employment of undocumented workers, both felonies in U.S. District Court in Dallas, Texas, for their roles in processing undocumented workers through a labor staffing company.

The owners of Speed Feb-Concrete, Carl Eugene Hall, David Leon Bloxom and Ronald Alan Hamm, and its chief financial officer, Robert Edwin James were charged with unlawful harboring and employment of undocumented workers. Mark Sevier, the owner of Take Charge Staffing, was similarly charged.

As is the norm in many of these cases, this matter started with an October 2015 Immigration and Customs Enforcement (ICE) audit of I-9 forms of Speed Fab-Crete, wherein it was found 41 undocumented employees were on the payroll of Speed Feb-Crete. In entering into a settlement agreement, Speed Fab-Crete stated 39 of those workers had been terminated and two proved legal work authorization. However, according to the government, 23 of the 39 undocumented workers continued their employment at Speed Fab-Crete but as employees of Take Charge, a staffing company.

Hall and Sevier pled guilty to “conspiracy to unlawfully harbor illegal aliens”, while Bloxom, Hamm and James were charged with “unlawful employment of aliens.” The executives face up to five years in prison and $3,000 fine per undocumented worker. ​

This is at least the third federal indictment or plea bargain in the past 6 months, involving owners of companies, who re-hired undocumented workers after an Immigration & Customs Enforcement (ICE) audit of its I-9 forms. The common theme in these criminal actions is ICE conducts an audit of the company’s I-9 forms, ICE issues a Notice of Suspect Documents alleging employees did not provide valid work authorizations, the company tells ICE those employees have been discharged, and then the undocumented workers are re-hired under different circumstances. Other companies’ owners/executives who have faced these situations are KSO MetalFab Inc., Metro Staff Inc., TentLogix, and KH Services. See prior blog articles - http://discuss.ilw.com/blogs/bbuchan...mented-workers and http://discuss.ilw.com/blogs/bbuchan...fter-ice-audit.

If you are concerned about your company’s immigration compliance, including possible employment of undocumented workers, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, available at http://www.amazon.com/dp/0997083379.