Office manager gets prison, fine in illegal hiring case
Judge also gives her community service
By Jonathon
Shacat
Herald/Review
Published on Wednesday, November 26,
2008
TUCSON — The office manager of Sun
Drywall and Stucco Inc. in Sierra Vista was sentenced Tuesday in U.S. District
Court to 14 months in prison and home detention for employing individuals who
are unauthorized to work in the United States.
Carol Hill pleaded guilty
in an agreement in June to a felony for conspiracy to harbor illegal aliens for
profit and a felony for knowingly hiring at least 10 illegal aliens within a
12-month period.
Judge Raner Collins sentenced her
to two months in prison and 12 months in home detention. She will start serving
her term on Feb. 3. She will be on supervised release for three years. She must
complete 500 hours of community service and pay a $10,000 fine.
Seven
other people were charged in this case, including the business’ president, Ivan
Hardt, as well as Efrain Silvain Avechuco, Edward Durgin, Joaquin Neave,
Santiago Trejo Ramirez, Omar Reyes and Jose Gutierrez Tapia.
According to
a court filing regarding Hill’s sentencing memo, her conduct in this case was
“extensive and flagrant.” She was an integral part in the conspiracy, and she is
one of the most culpable defendants in the case.
“She helped Hardt
conceal unauthorized illegal alien workers from ICE agents, wrote fraudulent
letters to federal authorities to assist illegal aliens to obtain legal status
in the United States, and continued to allow illegal aliens to be employed at
Sun Drywall and Stucco for nearly two years after the initial Forms I-9
inspection in late 2005,” says the document.
She admitted she received at
least two “no match” letters from the Social Security Administration in 2005 and
2006, but did not take any remedial measures to fix the problem. And she allowed
unauthorized workers to assume the identity of others and/or change other
identifying information, such as Social Security numbers, according to the
document.
Munish Sharda, assistant U.S. attorney for the District of
Arizona in Tucson, asked for a sentence that provides just punishment, deters
others from this conduct and promotes respect for the law. He suggested
sentencing her to six months in prison and six months of house arrest, and
fining her $20,000.
Michael Bloom, the defense attorney who represented
Hill, pointed out the offenses took place during the real estate boom when the
company had an inexhaustible demand for its services. While Hill did not make
decisions to hire workers, she did fill out the necessary
paperwork.
“There is no question she did wrong,” he said.
But
Bloom asked the judge to sentence her to probation because she is not a danger
to the community and incarcerating her would cause a hardship for her daughter
and granddaughter. He also said a $20,000 fine would be excessive.
Hill
told the court that she is “remorseful” for her actions.
The judge said
he realizes Hill was not the “mastermind” of the crime. But he said he was
unable to simply give her probation and that some amount of time in custody was
appropriate.
He reminded Hill about the case of businesswoman Martha
Stewart, who went to prison in 2004. He pointed out Stewart was not punished for
the crime of insider trading.
Rather, the judge said, Stewart was
punished for lying to investigators. Raner said Hill acted in a similar fashion.
In 2005, when the authorities conducted Form I-9 inspection at Sun Drywall, she
also lied.
Herald/Review reporter Jonathon Shacat can be reached at
515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.