Tag Archives: Owners

Hospitality Industry Legal Risks: Kansas Hotel Owners Indicted For Hiring "Undocumented Workers And Paying Them In Cash"; Government Seeks "Forfeiture Of Properties"

“…the (hotel owners) are charged with one count of conspiracy to harbor  undocumented workers for personal gain, five counts of harboring  undocumented workers for personal gain and four counts of wire fraud…The government is seeking to forfeit the proceeds of the crimes, including the two hotels the couple own. The government would seize the properties and then sell them, gaining money for taxpayers. The couple failed to pay the government the payroll taxes that they should have…”

The owners of two Kansas City-area Clarion hotels have been indicted on charges of knowingly hiring undocumented workers who were paid less than other employees. Munir Ahmad Chaudary, 51, and his wife, Rhonda R. Bridge, 40, both of Overland Park, own the Clarion Hotel at 7000 W. 108th St. in Overland Park and the Clarion Hotel at 11828 NW Plaza Circle near the Kansas City International Airport.

Both pleaded not guilty on Tuesday. U.S. Attorney Barry Grissom said the grand jury’s indictment alleges Chaudary and Bridge knew they were hiring undocumented workers to serve as housekeepers. This gave them a competitive advantage over law-abiding hotel owners, Grissom said.

“They paid the undocumented workers less and they paid them in cash. Their economic motive was to cut their costs and to get an advantage on other hotels that abided by the law,” Grissom said.

“This prosecution is aimed at unscrupulous employers who are a driving force behind illegal immigration,” Grissom said. “We’re going to go after people who are hiring them.”

The indictment alleges that in December 2011 investigators from DHS Homeland Security Investigations and the Kansas Department of Revenue received information that the two hotels were employing undocumented workers.

Investigators interviewed hotel employees and found out that most of them were illegally in the United States.

In June 2012, an undercover agent took a job as a housekeeper at the Clarion hotel in Overland Park, Grissom said.

The agent made it clear to Chaudary and Bridge when he was hired that he was unlawfully in the United States and had no documents allowing him to be employed, according to the indictment.

For more: http://www.kctv5.com/story/19512719/us-attorney-barry-grissom-holds-news-conference

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Filed under Crime, Insurance, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: California Hotel Owner Charged With "Insurance Fraud" Over False Workers' Compensation Records

“…accusations that he dissuaded an employee from seeking workers’ compensation after a work injury and making false claims. The charges against him include two counts of insurance fraud, failure to maintain workers’ compensation insurance and passing bad checks…”

“…accused of paying approximately $890,000 less than he should have over a four-year period,,,”

The trial date for the owner of the troubled Brookdale Inn & Spa has been postponed because the District Attorney’s Office has filed more charges. Sanjiv Kakkar originally was scheduled to begin trial March 12 on accusations that he dissuaded an employee from seeking workers’ compensation after a work injury and making false claims. The charges against him include two counts of insurance fraud, failure to maintain workers’ compensation insurance and passing bad checks, according to Kelly Walker, a prosecutor with the Santa Cruz County District Attorney’s Office.

Walker has just filed new insurance fraud charges against Kakkar and his wife, Neelam Kakkar, pertaining to insurance premiums. Kakkar is accused of providing false wage information to insurance companies to obtain lower premiums. In other words, he “grossly understated” the amount of payroll he was paying to his employees. He stands accused of paying approximately $890,000 less than he should have over a four-year period, according to Walker.

For more:  http://www.mercurynews.com/breaking-news/ci_20133381/das-office-files-more-insurance-fraud-charges-against

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Filed under Crime, Insurance, Labor Issues, Liability, Management And Ownership

Hospitality Industry Crime Risks: Major Hotel Operator Improves Staff Training And Procedures After "Gang-Led Child Prostitution Ring" Investigation Results In Indictment Of California Hotel Owner

“…The investigation resulted in an April federal indictment of 38 people, including suspected gang members and the owners of a Wyndham-franchised Travelodge in Oceanside, authorities said…”

Hotel operator Wyndham Worldwide will improve its staff training and procedures after authorities cracked down on gang-led child prostitution rings in California hotels, a probe that drew media and activist attention to the chain, a hotel spokesman said Friday.

Wyndham is expanding its years-long efforts to fight child sex trafficking by reviewing its operating practices in partnership with the nonprofit ECPAT-USA (Ending Child Prostitution and Trafficking), said Michael Valentino, director of communications for Wyndham Worldwide.

Southern California authorities recently completed an 18-month investigation into allegations that three rival Crips gangs collaborated to prostitute girls and women out of California hotels through Internet-arranged meetings.

 A CNN story in June prompted one activist to lead a 14,000-signature online petition drive on Change.org, an activist platform, demanding that Wyndham reform its business policies.

“As long as human trafficking and exploitation continue to be supported by those profiting from this tragic practice, we believe no member of the travel and tourism industry can ever guarantee these events will not occur in the future,” Valentino told CNN in an e-mail Friday.

For more:  http://thecnnfreedomproject.blogs.cnn.com/2011/08/01/hotel-chain-boosts-staff-training-to-fight-child-prostitution/

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Filed under Crime, Guest Issues, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hotel Industry Employee Issues: Report Finds “Fraud And Misuse” Of H-2B Guest Worker Program By Hotel Management And Owners

The H-2B program for unskilled non-agricultural migrant workers is one of the nation’s many alien worker programs, and one that, according to a recent Government Accountability Office report, is subject to extensive fraud and abuse.

The H-2B program is both smaller than the H-1B program, for high tech workers, and subject to considerably less attention. In terms of visa issuances, one measure of the size of these programs, there were 44,847 H-2B visas issued in FY 2009, compared to 110,367 H-1B visas. These numbers are from the annual Report of the Visa Office at the State Department.

Since the H-1B program displaces American workers with college degrees, and depresses wages where the high-tech workers are concentrated, it secures a lot more public attention that the H-2B program, which operates at the other end of the labor market, where employers hire landscapers, forest workers, waiters, and other less-skilled workers.

GAO’s report on the troubles with the program are based on a solid foundation; the agency’s auditors found ten closed criminal and civil cases in which courts had decided that employers had misused the program and abused their alien workers. The highlights of these cases, as quoted in the report, are as follows:

Hotel owners forced H-2B workers to work in substandard conditions, confiscated workers’ passports, and threatened workers that they would be sent home in a ‘box’ if they disobeyed orders . . .

Workers from India paid at least $20,000 for H-2B visas to enter the U.S. but were never employed by the construction company . . .

Conspirators fraudulently obtained H-2B certifications from Labor for over 3,800 individuals, leased workers to undisclosed businesses not listed on the visa petitions, [and] defrauded the government of $7.4 million in payroll taxes . . .

The nation would do just fine without any H-2B program at all; the only “cost” would be that some marginal employers would have to increase their wages a bit to attract workers to their jobs.

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Filed under Labor Issues, Liability, Management And Ownership, Risk Management, Training