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Minnesota Man Charged With Workers’ Compensation Fraud and Labor Trafficking

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construction-site-build-construction-work-159358-300x200A construction contractor in Minneapolis-St. Paul has been charged with workers’ compensation insurance fraud and labor trafficking.

The Hennepin County Attorney’s Office brought the charges against Ricardo Batres following an investigation by the Minnesota Commerce Fraud Bureau. According to the charges, Batres used undocumented workers on his construction crews. He threatened to have them deported unless they obeyed him, making them work very long shifts with no overtime pay.

As is required under Minnesota law, Batres did not carry workers’ compensation insurance coverage for his workers,. Batres claimed he employed no workers and, as a result, was not required to pay for workers’ compensation insurance.

This, however, was a lie. When workers became injured, Batres made them go to a massage therapist. He promised he would continue to pay them while they were recovering. This was another lie. Employees were injured in a variety of ways onsite, including by stepping on nails and falling to the ground while working. Batres would often have his crews work as much as six stories high without adequate safety equipment. Employees would often return to work while still injured.

Batres founded American Contractors and Associates, LLC., in 2008 and immediately began hiring undocumented workers. Batres threatened his employees, saying they would be deported if they ever visited a doctor for their injuries.

By the summer of 2017, many of the workers were at breaking point. Batres housed some of them in nearby Bloomington. This house had no hot water and was overcrowded. Batres had also stopped paying their rent.

On July 11, Immigration and Customs Enforcement officers detained the workers as they left the house. Many were soon deported. One worker, however, obtained an immigration bond which enabled him to remain in the United States for the duration of his immigration case. During a meeting at his home, Batres threatened the worker. “Don’t leave me,” he said. You have to continue working with me until we finish this. If you try to leave, I can harm you.”

Four months later, this same worker was injured when a prefabricated wall fell on top of him. He was taken to hospital by his coworkers. When Batres couldn’t stop them going, he rushed to the hospital and made sure he was the one translating for the worker. Batres lied yet again, this time to the doctors—he claimed the incident happened at his home, not while the worker was onsite.

Batres made this worker apply for charity and public medical help to pay for his treatment. Medicaid paid $31,000 of the medical bills; MinnesotaCare paid $10,000; the Hennepin County Charity Care Program paid $4,200.

The case against Batres was helped by reports from labor unions, The Advocates for Human Rights, and the Centre for Workers United in Struggle.

In a statement, Hennepin County Attorney Mike Freeman said, “By underpaying and failing to purchase workers’ compensation insurance, Mr. Batres took work away from employers and their workers who were playing by the rules. … We will vigorously prosecute Mr. Batres, and we hope this serves as a warning to developers and general contractors to not turn a blind eye to this kind of illegal activity.”

Florida Workers’ Compensation Fraud Defense Attorney

If you are involved in a worker’s compensation fraud investigation, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced workers’ compensation fraud defense attorneys.

Source

2018-09-26 Twin Cities Contractor Charged in Labor Trafficking, Theft, Insurance Fraud

Minnesota Man Charged With Workers’ Compensation Fraud and Labor Trafficking

By

construction-site-build-construction-work-159358-300x200A construction contractor in Minneapolis-St. Paul has been charged with workers’ compensation insurance fraud and labor trafficking.

The Hennepin County Attorney’s Office brought the charges against Ricardo Batres following an investigation by the Minnesota Commerce Fraud Bureau. According to the charges, Batres used undocumented workers on his construction crews. He threatened to have them deported unless they obeyed him, making them work very long shifts with no overtime pay.

As is required under Minnesota law, Batres did not carry workers’ compensation insurance coverage for his workers,. Batres claimed he employed no workers and, as a result, was not required to pay for workers’ compensation insurance.

This, however, was a lie. When workers became injured, Batres made them go to a massage therapist. He promised he would continue to pay them while they were recovering. This was another lie. Employees were injured in a variety of ways onsite, including by stepping on nails and falling to the ground while working. Batres would often have his crews work as much as six stories high without adequate safety equipment. Employees would often return to work while still injured.

Batres founded American Contractors and Associates, LLC., in 2008 and immediately began hiring undocumented workers. Batres threatened his employees, saying they would be deported if they ever visited a doctor for their injuries.

By the summer of 2017, many of the workers were at breaking point. Batres housed some of them in nearby Bloomington. This house had no hot water and was overcrowded. Batres had also stopped paying their rent.

On July 11, Immigration and Customs Enforcement officers detained the workers as they left the house. Many were soon deported. One worker, however, obtained an immigration bond which enabled him to remain in the United States for the duration of his immigration case. During a meeting at his home, Batres threatened the worker. “Don’t leave me,” he said. You have to continue working with me until we finish this. If you try to leave, I can harm you.”

Four months later, this same worker was injured when a prefabricated wall fell on top of him. He was taken to hospital by his coworkers. When Batres couldn’t stop them going, he rushed to the hospital and made sure he was the one translating for the worker. Batres lied yet again, this time to the doctors—he claimed the incident happened at his home, not while the worker was onsite.

Batres made this worker apply for charity and public medical help to pay for his treatment. Medicaid paid $31,000 of the medical bills; MinnesotaCare paid $10,000; the Hennepin County Charity Care Program paid $4,200.

The case against Batres was helped by reports from labor unions, The Advocates for Human Rights, and the Centre for Workers United in Struggle.

In a statement, Hennepin County Attorney Mike Freeman said, “By underpaying and failing to purchase workers’ compensation insurance, Mr. Batres took work away from employers and their workers who were playing by the rules. … We will vigorously prosecute Mr. Batres, and we hope this serves as a warning to developers and general contractors to not turn a blind eye to this kind of illegal activity.”

Florida Workers’ Compensation Fraud Defense Attorney

If you are involved in a worker’s compensation fraud investigation, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced workers’ compensation fraud defense attorneys.

Source

2018-09-26 Twin Cities Contractor Charged in Labor Trafficking, Theft, Insurance Fraud

Leaked ICE Handbook Shows Government Uses Civil Asset Forfeiture to Seize Millions

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A leaked handbook used by Homeland Security Investigations (HSI) agents is providing insight into how Immigration and Customs Enforcement (ICE) uses civil asset forfeiture. Every year, ICE seizes millions of dollars of property even when they do not have enough evidence to press criminal charges.

The 71-page “Asset Forfeiture Handbook” stresses the importance of funds obtained through civil asset forfeiture to ICE. Not only do these seizures help “fund future law enforcement actions,” they also cover costs “HSI would otherwise be unable to fund.” ICE has confirmed that the handbook, although published in 2010, still represents current guidance for their agents on civil asset forfeiture.

When considering whether to seize physical property, HSI agents are instructed to focus on its value. “As a general rule,” the handbook says, “if total liabilities and costs incurred in seizing a real property of business exceed the value of the property, the property should not be seized.” Agents are not to “waste investigative time and resources” if assets are deemed to be “liabilities.”

Once they have obtained a search warrant, HSI agents are to take a real estate appraiser with them as they examine the property. The appraiser is tasked with identifying “all items that may be of concern or may deter the Government form pursuing forfeiture.”

As well as considering “the assessed value” of a property and its “probable equity,” agents need to factor in “the ability to overcome possible defenses to the forfeiture” before beginning civil asset forfeiture procedures. In cases where seizing the property will not be profitable to UCI, civil forfeiture is not deemed an appropriate action. This suggests that the central concern to ICE is the property’s value, not its relationship to any crime.

For the instances where there is “not enough net equity to justify seizure,” the handbook allows there may still be an “overriding law enforcement reason” for seizure. In this case, “the value of the item may be of secondary importance.” The inference here is again that in other situations, the value of the item is of primary importance.

ICE is under the authority of the Department of Homeland Security (DHS). Over the last ten years, DHS has seized assets worth billions of dollars using civil asset forfeiture. These assets are placed in a fund managed by the Treasury Department. According to a report published by the U.S. Government Accountability Office in 2014, DHS contributed $3.6 billion to the Treasury fund between 2003 and 2013. From 2007 onwards, ICE provided “approximately 50 percent or more of total forfeiture revenues by DHS components.”

ICE spokesperson Danielle Bennett says civil asset forfeiture “is an essential element of comprehensive and effective law enforcement as it deprives transnational criminal organizations of their illicitly obtained assets.”

Despite this, Robert Don Gifford, a former assistant U.S. attorney at the Justice Department, talks about how he saw civil asset forfeiture being used as a tool for financial gain by law enforcement against individuals rather than criminal organizations. “I had one case where they wanted to do all these forfeitures, and I said absolutely not. … I said I’d support it as long as it was not a retired mom and pop running a little flea market table on the weekend, but that was exactly who they were going after.”

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Sources

10-13-2017 Leakes ICE Guide Offers Unprecedented View of Agency’s Asset Fofreiture Tactics

10-16-2017 Leaked Handbook Reveals How ICE Uses Civil Forfeiture To Seize Millions

Leaked ICE Handbook Shows Government Uses Civil Asset Forfeiture to Seize Millions

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A leaked handbook used by Homeland Security Investigations (HSI) agents is providing insight into how Immigration and Customs Enforcement (ICE) uses civil asset forfeiture. Every year, ICE seizes millions of dollars of property even when they do not have enough evidence to press criminal charges.

The 71-page “Asset Forfeiture Handbook” stresses the importance of funds obtained through civil asset forfeiture to ICE. Not only do these seizures help “fund future law enforcement actions,” they also cover costs “HSI would otherwise be unable to fund.” ICE has confirmed that the handbook, although published in 2010, still represents current guidance for their agents on civil asset forfeiture.

When considering whether to seize physical property, HSI agents are instructed to focus on its value. “As a general rule,” the handbook says, “if total liabilities and costs incurred in seizing a real property of business exceed the value of the property, the property should not be seized.” Agents are not to “waste investigative time and resources” if assets are deemed to be “liabilities.”

Once they have obtained a search warrant, HSI agents are to take a real estate appraiser with them as they examine the property. The appraiser is tasked with identifying “all items that may be of concern or may deter the Government form pursuing forfeiture.”

As well as considering “the assessed value” of a property and its “probable equity,” agents need to factor in “the ability to overcome possible defenses to the forfeiture” before beginning civil asset forfeiture procedures. In cases where seizing the property will not be profitable to UCI, civil forfeiture is not deemed an appropriate action. This suggests that the central concern to ICE is the property’s value, not its relationship to any crime.

For the instances where there is “not enough net equity to justify seizure,” the handbook allows there may still be an “overriding law enforcement reason” for seizure. In this case, “the value of the item may be of secondary importance.” The inference here is again that in other situations, the value of the item is of primary importance.

ICE is under the authority of the Department of Homeland Security (DHS). Over the last ten years, DHS has seized assets worth billions of dollars using civil asset forfeiture. These assets are placed in a fund managed by the Treasury Department. According to a report published by the U.S. Government Accountability Office in 2014, DHS contributed $3.6 billion to the Treasury fund between 2003 and 2013. From 2007 onwards, ICE provided “approximately 50 percent or more of total forfeiture revenues by DHS components.”

ICE spokesperson Danielle Bennett says civil asset forfeiture “is an essential element of comprehensive and effective law enforcement as it deprives transnational criminal organizations of their illicitly obtained assets.”

Despite this, Robert Don Gifford, a former assistant U.S. attorney at the Justice Department, talks about how he saw civil asset forfeiture being used as a tool for financial gain by law enforcement against individuals rather than criminal organizations. “I had one case where they wanted to do all these forfeitures, and I said absolutely not. … I said I’d support it as long as it was not a retired mom and pop running a little flea market table on the weekend, but that was exactly who they were going after.”

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Sources

10-13-2017 Leakes ICE Guide Offers Unprecedented View of Agency’s Asset Fofreiture Tactics

10-16-2017 Leaked Handbook Reveals How ICE Uses Civil Forfeiture To Seize Millions

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