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Worksite Enforcement
10/16/2008

Janitorial contractor is charged with illegally hiring aliens

PROVIDENCE, RI - The operator of Falcon Maintenance Company of Johnston, RI, has been charged with illegally hiring aliens as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE) and the Internal Revenue Service (IRS), Criminal Investigation.

United States Attorney Robert Clark Corrente and Bruce M. Foucart, special agent-in-charge of ICE's Office of Investigations in Boston, announced that Vincent D'Elia was charged in a one-count information with hiring illegal aliens.

The information charges that D'Elia engaged in a pattern and practice of hiring aliens for employment with Falcon Maintenance, knowing that those aliens were not authorized for employment in the United States.

Filed in conjunction with the information is an agreement by D'Elia to plead guilty to the charge. According to the terms of the plea agreement, D'Elia will admit that, in addition to hiring illegal aliens, he failed to accurately withhold and pay over federal insurance contributions from the aliens' wages, and failed to remit Social Security taxes (FICA). The terms of the plea agreement call for D'Elia to cooperate with the IRS in the accounting and collection of his outstanding tax liability.

Falcon Maintenance was one of two companies that contracted with the Rhode Island Judiciary for janitorial services at the courthouses. ICE agents and Rhode Island State Police arrested 31 illegal aliens at state courthouses on July 15. Four of those arrested face federal criminal charges that are pending.

Filing of the plea agreement notwithstanding, an information is merely an allegation and a defendant is presumed innocent unless and until found guilty in court. In the event of a conviction, maximum penalty for the offense is six months in prison and a fine of $3,000 for each unauthorized alien for which a violation occurred.

The case was investigated by ICE and IRS, Criminal Investigation. It is being prosecuted by Assistant U.S. Attorney John P. McAdams.