Inside ICE: Volume 4, Issue 2

National Cleaning Company Executives Indicted for Harboring Illegal Aliens and Evading Taxes

Operation Cleanup Map.

United States Attorney Margaret M. Chiara, ICE Assistant Secretary Julie L. Myers and Acting Chief of the Criminal Investigation Division for the Internal Revenue Service (IRS) John H. Imhoff, Jr. announced February 22 the unsealing of a 23-count felony indictment charging three Florida residents with conspiracy to defraud the United States, harbor illegal aliens for profit, and evade payment of federal employment taxes.

The defendants, who did business as Rosenbaum-Cunningham International, Inc. (RCI) from 1997 until the present, are: Richard M. Rosenbaum, 60, of Longwood, Fla.; Edward Scott Cunningham, 43, of West Palm Beach, Fla.; and Christina A. Flocken, 59, of Longwood, Fla.

The indictment alleges that the three operated a cleaning and grounds-maintenance service that contracted with theme restaurant chains and hospitality venues throughout the United States. They provided predominately illegal aliens for work at businesses that included units of the restaurant chains House of Blues, Planet Hollywood, Hard Rock Café, Dave and Busters, Yardhouse, ESPN Zone and China Grill, as well as Michigan’s Grand Traverse Resort and Spa. Affected businesses paid RCI over $54,327,000 between 2001 and 2005. RCI evaded payment of over $18,640,000 in taxes, failing to collect and pay income, Social Security, Medicare and employment taxes related to wages it paid to its workforce. Rosenbaum, Cunningham and Flocken expended approximately 63 percent of these funds on operating RCI and divided the remaining 37 percent among themselves. The defendants disguised the true nature of their activities and obstructed the IRS from performing its government functions by creating several shell companies and bank accounts to hide their excess funds. These excess funds were then used by Rosenbaum, Cunningham and Flocken to pay personal expenses for items such as luxury boats and vehicles, lavish homes and racehorses. The indictment also includes forfeiture allegations that notify the defendants that the government intends to seek forfeiture of the proceeds of their criminal conduct.

Knowingly harboring illegal aliens for profit is a felony carrying a maximum sentence of 10 years’ imprisonment, and evading collection and payment of employment taxes is a felony carrying a five-year sentence. If convicted, the defendants may also be ordered to pay restitution to the United States Treasury of more than $18 million dollars.

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