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Fence execs sentenced for illegal hiring By ELLIOT SPAGAT, Associated Press Writer
Wed Mar 28, 8:29 PM ET



Two executives at a company that once helped build a fence to keep illegal immigrants from crossing the Mexican border were sentenced Wednesday to six months of home confinement for hiring undocumented workers.

Mel Kay, founder, chairman and president of Golden State Fence Co., and manager Michael McLaughlin had pleaded guilty in federal court to knowingly hiring illegal aliens. U.S. District Judge Barry Ted Moskowitz ordered each to serve 1,040 hours of community service and spend three years on probation.

Kay, 64, was fined $200,000 as part of a plea agreement, and McLaughlin agreed to pay $100,000.

Federal prosecutors took the rare step of seeking prison time after the men acknowledged hiring at least 10 illegal immigrants in 2004 and 2005. The charges carried a maximum possible penalty of five years in prison.

However, prosecutors were unable to find a previous case in which an employer had been sent to jail for knowingly hiring illegal immigrants.

"Prosecution is long overdue in this area," Moskowitz said. "Honestly, the government's efforts have been at the border, not with the employer. Obviously, the government has signaled a change with this case."

In December, company officials acknowledged knowingly hiring illegal immigrants and agreed the firm would pay a $4.7 million fine, one of the largest for immigration violations.

Moskowitz said he was uneasy with handing down jail time because the company did not deserve to be "the poster child" for unscrupulous employers. All of Kay's workers paid Social Security taxes and received health benefits, vacation and sick time. Many earned more than $50,000 a year.

Golden State saw sales soar from $60 million in 1998 to $150 million in 2004, according to a biography of Kay provided by the company.

Federal authorities said they found no evidence that illegal immigrants were hired in the late 1990s while the company built more than a mile of the 14-mile fence near a border crossing in San Diego.

Government agents raided Golden State Fence's Riverside office last year and found that more than 100 were unauthorized to work — including three the company had been ordered not to employ after a 1999 audit by the government.

Kay apologized before he was sentenced and described how his business suffered after the guilty pleas. Golden State was banned from government work, which accounts for 30 percent of its revenue. The company has laid off about 150 employees, leaving it with about 500 workers.

"I feel I have paid a tremendous price," Kay said. "I've lost a lot of accounts. (Customers) don't want to be guilty by association."

McLaughlin said he was relieved at not having to serve prison time.

The company did work at military bases and other government facilities — an irony that Moskowitz noted as he considered whether to send Kay to prison.

"He'd probably go to one of the camp facilities that he built the fence for," the judge said.

2007-03-29 05:22:36 · 13 answers · asked by NONAME 2 in Politics & Government Immigration

13 answers

INCREDIBLE that it did not receive MEDIA COVERAGE !!, I agree with "DA COACH'S" excellent answer..

2007-03-29 06:22:32 · answer #1 · answered by GITWITIT 4 · 1 1

Irony is defined as when something happens which is the opposite of what you expect.

I wouldn't call this Ironic. In fact- this is exactly what I would expect. Think of it. You're standing on the border with Mexico looking for workers to help you build a fence. Who comes running up- eager for the job?

2007-03-29 05:36:59 · answer #2 · answered by Morey000 7 · 2 0

Hmmm interesting. But not surprising ,unscrupulous employers seek the lowest paid workers to do the labor in order to pocket more profit. I'm glad they were arrested and convicted. They deserve it. As do all the other anti-American company's that hire cheap illegal alien labor.

2007-03-29 05:44:26 · answer #3 · answered by Yakuza 7 · 1 1

Why has this not been on every TV and openly discussed every day. Pointing out that if you hire illegals you'll go to prison...wait...house arrest.

BS the guy should have gone to prision for two years with the other criminals. He is the catalyst for illegal immigration. But those who are doing it will say..."Hey I can stay home for a while".

2007-03-29 06:08:39 · answer #4 · answered by Da Coach 2 · 1 1

What did you expect?

That whole story sums up most of the problems with illegals.

These guys should be in the clink. Instead they got a slap on the wrist and a fine which amounts to nothing for them.

Another fine example of the Fed not doing its job for so long
that when it is supposed to, it can't.

Irony? No. Just par for the course.

2007-03-29 05:55:01 · answer #5 · answered by davethenayber 5 · 0 1

Why do they keep saying 'prison time' when it is 'home confinement'? Since it is the third offence and a proven 'knowing' offense, shouldn't that part of the penalty be stronger?

It says the company made $150 million in 2004. $300,000 in fines and 'home confinement' seems pretty paltry.

2007-03-29 05:40:55 · answer #6 · answered by DAR 7 · 2 1

Yes, IRONIC... but the truely ironic thing IS that they build the fence from Mardsen Matting... and laid it horizontally rather than vertically... so it's like a LADDER !!

I was living in Imperial Beach when the fence was built.

2007-03-29 05:49:09 · answer #7 · answered by mariner31 7 · 1 0

"He'd probably go to one of the camp facilities that he built the fence for,' the judge said."

LOL thats funny and embarasing for the Gov't, as if they needed more.

2007-03-29 05:31:55 · answer #8 · answered by captaincarney 3 · 1 1

This is not irony but it sure sounds like business as usual.

2007-03-29 05:50:36 · answer #9 · answered by newguy9191 2 · 1 1

i think it's great. hopefully other company's will learn from this not to hire illegals.

2007-03-29 07:07:11 · answer #10 · answered by Anonymous · 2 0

the USA is a worldwide joke. we are hated everywhere and this is why. we are laughable, and thats sad......as we sti around and arrogantly tell others how to live..............good luck in the coming trouble

2007-03-29 05:57:25 · answer #11 · answered by Anonymous · 0 1

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