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Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing

 
RICO Laws & Employing Ille
User ID: 82216
Panama
05/01/2006 01:34 PM
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Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
Apparently, hiring illegal aliens can trigger a RICO claim.

According to the Federal Immigration and Nationality Act:

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, AND CAN INCLUDE NONPROFIT ASSOCIATIONS.

[link to www.americanpatrol.com]

Here are some links to articles re: the current case that's made its way all the way to the Supreme Court:

The One Sure Immigration Fix

...Howard Foster, a Chicago corporate attorney, is another innovator. He has filed a handful of lawsuits on behalf of citizen-employees who claim their wages have been depressed by their company hiring illegal aliens, and he's using our organized crime statutes to do it.

In 1996, Congress added the hiring of illegal aliens as a predicate crime that could trigger the Racketeer Influenced and Corrupt Organizations Act, RICO, and the possibility of treble damages. In a suit heard by the U.S. Supreme Court on Wednesday, Foster charges that the RICO laws can be applied to otherwise legitimate companies that conspire with contractors to hire undocumented workers.

Mohawk Industries Inc. vs. Williams is a case that should bring sweat beads to the upper lips of any employer who uses intermediaries to find illegal workers. Foster's suit against the Georgia-based carpet giant, Mohawk, which employs 30,000 workers, alleges that a significant number of the company's workers have faulty Social Security numbers and that the company helped labor recruiters with "a supply of Social Security cards for use when a prospective or existing employees need(ed) to assume a new identity."

If true, and the company denies it is, it sure sounds like an organized criminal enterprise...

[link to www.sptimes.com]

A Body Blow To Illegal Labor?

...Two years ago tensions between immigrant and local workers at Mohawk Industries spilled into the courts in a case that could affect all companies employing some of the estimated 7 million illegal aliens working in the U.S. Four current and former Mohawk workers brought a class action against the company for allegedly conspiring to depress their wages by hiring illegal immigrants. Filed in federal court, the suit alleges that Mohawk, sometimes with help from local hiring agencies, knowingly accepted false documents, recruited illegals at the U.S.-Mexico border, and rehired undocumented workers under different names. "To the managers of Mohawk, the influx of illegals is a dream," charges Bobby Lee Cook, a local lawyer representing the workers. "To others, it might be the apocalypse."

In its legal briefs, Mohawk denies all the allegations. But the suit poses a threat to U.S. business because it was filed under the Racketeer Influenced & Corrupt Organizations Act (RICO), a 1970 law passed to fight the Mafia that assesses triple damages against those found to be in violation. Congress amended the statute in 1996 to allow workers to sue corporations that knowingly hire illegal workers. Three similar lawsuits are working their way through the federal courts.

In Mohawk's case, two lower courts refused to dismiss the plaintiffs' complaint, and now the U.S. Supreme Court plans to hear Mohawk's appeal on Apr. 26. The high court won't consider the underlying allegations. Instead, it will decide whether RICO could apply to companies in this situation...

...The Mohawk suit is coming to a head just as moves to combat illegal immigration reach a crescendo in the courts, Congress, and state legislatures (table). Many of these efforts would get tough on employers that hire illegals. Plaintiffs' lawyers are pursuing other RICO-based suits, including one filed in 2003 against Wal-Mart Stores Inc. (WMT ), and such initiatives would get a boost if Mohawk loses in the Supreme Court...

[link to www.businessweek.com]

High Court Avoids Immigration, Focuses on RICO's Application to Business Relationships

[link to www.law.com]
Anonymous Coward (OP)
User ID: 82216
Panama
05/01/2006 01:40 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
My thread got a one star absolute BS vote?

This is not BS!
METALGOD

User ID: 9212
United States
05/01/2006 02:13 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
bump
Don't Judge Me, Monkey.
interest bump
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05/01/2006 02:14 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
book
Anonymous Coward
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05/01/2006 02:16 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
Quick lets go after Cheney!
Anonymous Coward
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05/01/2006 02:44 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
"My thread got a one star absolute BS vote?
This is not BS!"
That's ok, OP-I gave it 5 stars!
Anonymous Coward (OP)
User ID: 82216
Panama
05/01/2006 03:22 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
Thanks, 380. cheers

All I know is that the moment I posted this thread someone immediately gave it a BS vote. I suppose it shouldn't matter; I don't read threads based on the ratings they've received, and I'm sure a lot of other people are the same way.

But, I just thought it was weird that someone did that the very moment I posted the thread (not to mention rude). There's no way they had time to read anything I'd posted before they voted, and they didn't bother to explain themselves by posting a comment to the thread either. The whole thing just really irked me, especially since this is not BS in the least. The Mohawk Industries Inc. vs. Williams case going before the Supreme Court is very real and it's happening right now.

I also must admit I'm a bit surprised that this thread is receiving so little attention. IMO, this is very, very big. Plus, I searched around GLP a bit before posting this and couldn't find any mention of it, so it's not like this case has already been discussed to death.
Anonymous Coward
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05/01/2006 03:27 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
I worked for Mohawk Carpet and I was there when they shut the plant down to go south for cheaper labor.

So many AMERICANS lost their jobs in an area already depressed.

Fuckers. I didn't know disease ridden, cockroach dirt bags took the jobs.
Anonymous Coward (OP)
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Panama
05/01/2006 04:13 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
Even though no connection has been mentioned on the news, I have to wonder if the reason for the protests/walk-outs has anything to do with the Mohawk Industries Inc. vs. Williams case.

Right now a case is being decided before the Supreme Court that could yield a result that would make employers tremble in fear at the mere thought of hiring illegal immigrants. And, at the same time we have illegal immigrants attempting to show us how detrimental it would be for us if they all didn't show up for work one day. I can't help but wonder if these two things are related.
Anonymous Coward (OP)
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05/01/2006 09:46 PM
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bump
Askakido

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05/01/2006 09:50 PM
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bump
Anonymous Coward
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05/01/2006 09:51 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
This is awesome!!!
Anonymous Coward
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05/01/2006 10:08 PM
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bump
Good Witch

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05/01/2006 11:05 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
I gave it an amazing.
I do think the Ricco Act applies, I hope the court rules accordingly.
yankee doodle

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05/01/2006 11:11 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
good researching and yes you are thinking straight,,, very good.. and I agree
Anonymous Coward
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05/01/2006 11:15 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
One word: Capone
Anonymous Coward
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Canada
05/01/2006 11:28 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
This is a good post OP, i'll rate high for u

Thanks
Anonymous Coward
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05/01/2006 11:28 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
I just gave u the hoighest rating...thanks so much for the info.
Anonymous Coward
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05/01/2006 11:59 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
bsflag
Crypto

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India
05/02/2006 12:02 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
This needs to be addressed to our senators.

And Im going to give the biggest bullshit senators private email address.

[email protected]
deepend

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05/02/2006 12:06 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
it don't need to be looked at by the Senate. It already has, and that is the reason it is on the doorstep of the Supreme Court... body blow is right.
^^ gravity is a harsh reality. ^^
OP (OP)
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Panama
05/02/2006 01:09 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
Thanks, everyone!

I really hope the Supreme Court does the right thing. It also helps that the first lawsuit of this kind to make it to the Supreme Court is a very strong case. Mohawk Industries has been accused of far more than just hiring illegal aliens. Allegedly, this company got really down and dirty, supplying illegal immigrants with fake documentation, fraudulant social security numbers, etc. If this is true, then they CAN be nailed big time under the RICO laws.
whois whois
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Japan
05/02/2006 01:50 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
pin it, mods

this is the SMOKING GUN that'll keep those tyrant corps in place.

Making it seem like Americans don't want the jobs, while they slime the jobs off under cover of racketeering....
Gmann

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05/02/2006 04:22 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
Rico in a Nutshell
[link to www.ricoact.com]


Do I have a RICO Claim?
[link to www.ricoact.com]
Anonymous Coward
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05/02/2006 01:28 PM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
BUMP this back to the front page....
Anonymous Coward (OP)
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Panama
05/02/2006 09:33 PM
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bump
Anonymous Coward
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05/02/2006 09:46 PM
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bump
Anonymous Coward
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Japan
05/07/2006 02:02 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
bump time for this drizzle drazzle drone
Jammer

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05/07/2006 02:09 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
5 *'s!!! Let's hope that the corrupt ones follow the law.
Your VILLAGE called, their IDIOT is missing.

Your IDIOT called, their VILLAGE is missing.
Jammer

User ID: 90328
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05/07/2006 02:11 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
Could I sue under this law if I found it is an illegal immigrant that has added money to my social security account?
Your VILLAGE called, their IDIOT is missing.

Your IDIOT called, their VILLAGE is missing.
Jammer

User ID: 90328
United States
05/07/2006 02:11 AM
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Re: Right Now The Supreme Court Is Hearing A Pivotal Case That Could Send Illegal Immigrants Packing
Could I sue under this law if I found it is an illegal immigrant that has added money to my social security account?
Your VILLAGE called, their IDIOT is missing.

Your IDIOT called, their VILLAGE is missing.





GLP