NYC Fraud in Foreign Labor Contracting Lawyers

For a business to succeed and operate smoothly, they will likely need to hire labor and professional support. In many situations, an employer may find that they will need to not only hire people domestically, but they will also need to market open positions to those in foreign locations as well. People who come into the country for one of these jobs will either be able to work on a full-time basis, or will be able to hired for a temporary basis due to seasonal highs and lows.

When brining people into the United States to work, companies have the obligation to be open and honest about the job and compensation. Those that are not open and honest about the job could be charged with fraud in foreign labor contracting. Those that are in violation of this charge could face a variety of penalties.

Examples of Fraud in Foreign Labor Contracting
Today, there are a variety of situations that could fall into the category of fraud in foreign labor contracting. One of the main examples of fraud in foreign labor contracting today is if an employer does not provide an employee with honest information about the job. Some of the most common items that could be disclosed fraudulently can include not representing they type of job that will be worked. This can include not providing detail about the actual work being done or not reporting if the work will be overly stressful or dangerous.

Another common example of fraud in foreign labor contracting is when an employer does not end up providing the same amount of compensation that they promised to pay the employee. In order to entice someone to come to the United States to work, an employer will likely promise a certain level of pay, free transportation to and from work, and other amenities. If these promises are not fulfilled, it could be an example of fraud in foreign labor contracting.

Those that are charged with fraud in foreign labor contracting are often also charged with other crimes as well. Some other crimes can include not providing safe work environment, hiring employees that are not documented to work in the United States, or providing wages and benefits that are lower than the local minimum wage. Depending on the situation, an employer could also be in violation of tax law if they are not properly recording all of the expenses and revenue associated with the employees.

Penalties
The New York Penal Law, as well as laws all over the country, take fraud in foreign labor contracting very seriously. This is considered one part of an overall labor law issue that is continuing to impact the country on a daily basis. Because of this, those that are charged with fraud in foreign labor contracting can face very serious penalties. For those that are charged with fraud in foreign labor contracting, a penalty of at least five years in prison and fines of $250,000 per count are possible. For those that have a systemic operation in place, these charges can add up very fast.

Those that are charged with visa fraud on top of fraud in foreign labor contracting can get even more sever penalties. Visa fraud comes with a punishment of up to 15 years in jail with a $250,000 fine for each count. Those that are charged with wage violations can expect an additional 6 years in jail with an additional $10,000 fine.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Defense Strategy
If you are charged with fraud in foreign labor contracting, there are a number of strategies that you can pursue. One of the main strategies is to state that the crime was not intentional. If you have hired a few seasonal employees and end up requiring them to work much different jobs than originally specified, you could easily claim that the change was made due to the normal operations of business. While this strategy may work at times, it likely will not work if contractor are suddenly required to work dangerous jobs that do not come with fair compensation.

Legal Scenario: What Would You Do?

Scenario

You own a staffing agency that recruits workers from Central America for agricultural jobs in New York, and a former employee has reported to the Department of Justice that you charged workers excessive recruitment fees and misrepresented their wages and working conditions in the job listings. Federal investigators have now subpoenaed your financial records and employment contracts.

What charges could I face for allegedly deceiving foreign workers about the terms of their employment?

Attorney's Answer

Under 18 U.S.C. § 1351, fraud in foreign labor contracting is a federal offense that carries up to 5 years in prison for each count, and penalties increase significantly if the conduct involved forced labor or trafficking. Prosecutors will examine whether you knowingly made material misrepresentations about wages, benefits, or working conditions to recruit foreign workers. The government will also look at whether excessive fees were charged in violation of the worker protection provisions under the Trafficking Victims Protection Act. An experienced defense attorney can challenge the intent element, argue that any discrepancies were administrative errors rather than deliberate fraud, and work to prevent charge stacking that could dramatically increase your sentencing exposure.

This is general information only. Contact us for advice specific to your situation.

If you are charged with fraud in foreign labor contracting, you need to take the charges very seriously. The first thing that you should do is hire a criminal defense lawyer that has experience with these types of crimes. The fraud in foreign labor contracting lawyer will be able to help you to develop a better defense strategy and find a way to negotiate with prosecutors. This can often result in receiving a lighter punishment, which can often include avoiding jail time and serious penalties. However, you will likely be placed on probation that will require you to change your hiring and employment practices going forward. This will ensure you are in compliance with the law in the future when hiring people outside of the country.