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Worksite Enforcement
11/30/2010

Former owner, employees at San Diego bakery plead guilty to charges stemming from ICE worksite investigation

SAN DIEGO - The former owner of a San Diego wholesale bakery and four other bakery employees pleaded guilty in U.S. District Court Tuesday to knowingly hiring illegal aliens, the result of an investigation led by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) and with assistance from the Social Security Administration, Office of the Inspector General.

Jesse William Fadick, 64, the former owner of S&S Bakery, Inc., pleaded guilty to knowingly hiring 10 or more illegal aliens within a 12-month period. Fadick agreed to forfeit $800,000 in proceeds as a result of the offense and paid the forfeiture in full.

The company's general manager, Jean-Pierre Martinez, 54, pleaded guilty to making a false attestation on an I-9 employment eligibility verification form. Two bakery supervisors, Rigoberto Sarmiento-Machuca, 35, and Rogelio Machuca-Sarmiento, 46, and an employee, Abel Baizabal, 38, pleaded guilty to misuse of entry documents.

A sentencing hearing for all of the defendants is scheduled for December 6 before the U.S. District Judge Michael M. Anello. According to the plea agreements, Fadick and Martinez are expected to receive five years probation and prosecutors are recommending sentences at the low-end of the applicable sentencing guidelines for the other defendants.

In a separate but related case, Norma Angelica Flores, 42, who was arrested by ICE HSI special agents during the execution of a search warrant in October and charged with illegal re-entry after deportation, was sentenced November 18 to six months in custody.

In addition to the five defendants, this case also involved 19 illegal aliens who were initially detained as material witnesses and later released on bond. Following the entry of the guilty pleas, the material witnesses were ordered by the judge to surrender to ICE. A status hearing was set for January 25, 2011, to confirm that the material witnesses have self-surrendered.