All posts by proudprogressiveca

“Duke” Cunningham Prosecutor fired from U.S. Atty’s Office

(this is freakin classic – promoted by Todd Beeton)

The Bush Adminstration is well known for keeping its people on board for loyalty. Loyalty is far more important than a job well done or upholding the oath of office. So the reports that are coming about U.S. Atty Carol Lam forced resignation shouldn’t be surprising.

The official word is that her job performance has been lacking, yet she has been known to have prosecuted high-level cases such as Randy “Duke” Cunningham’s corruption case, corruption surrounding two San Diego Councilmen (one was eventually reversed) and recently taking on the ironic case of the Fence Company that hired illegal immigrants to build the fence along the U.S. – Mexico border.

Crossposted at Joshing Politics

From the San Diego Union Tribune:

Job performance said to be behind White House firing
By Kelly Thornton and Onell R. Soto
UNION-TRIBUNE STAFF WRITERS

January 12, 2007

The Bush administration has quietly asked San Diego U.S. Attorney Carol Lam, best known for her high-profile prosecutions of politicians and corporate executives, to resign her post, a law enforcement official said.

Lam, a Bush appointee who took the helm in 2002, was targeted because of job performance issues – in particular that she failed to make smuggling and gun cases a top priority, said the official, who declined to be identified because Lam has yet to step down.

Lam has had high-profile successes during her tenure, such as the Randy “Duke” Cunningham bribery case – but she alienated herself from bosses at the Justice Department because she is outspoken and independent, said local lawyers familiar with her policies.

It is possible that her job performance was the issue. Yet what exactly was it about her performance? Was it about taking on high-profile Republicans like the “Dukester” or not prosecuting enough criminals that smuggle guns and drugs? As you might know, the CIA has recently stepped in to push back further investigations into the implications of Cunningham’s case. Regardless, it is very interesting how the Adminstration is pushing her resignation under such secrecy (though it is SOP for Bush). If her performance was so bad, why not come out and say it?

The issue certainly perplexes fmr federal prosecutor Michael Attanasio:

“It’s virtually unprecedented to fire a U.S. Attorney absent some misconduct in office,” said criminal defense attorney Michael Attanasio, a former federal prosecutor.

“This office has clearly made a priority of investigating and prosecuting white collar offenses and has had occasional success doing so,” he said. “One would think that would be valued by any administration, even if it meant fewer resources were devoted to routine and repetitive border crimes.”

Everything done by Bush is ‘virtually unprecedented,’ so why should this case be any different. Unless you go along with what Bush says to the letter, your job security is in trouble. Though if you toe the line, screw the country and the troops, you can stay for years beyond it is time to be kicked out.

Update: Speaking of her performance, Norm DePlume posted this in the comments:

United States Attorney Lam is the recipient of both the Director’s Award for Superior Performance as an Assistant United States Attorney, and the Attorney General’s Award for Distinguished Service.

PDF file detailing her award from Oct. 20, 2006

Fence Company hires Illegal Immigrants for Border Fence Deal

This story is just too good to be true. Despite how you may feel about the giant fence being built on our border with Mexico, it is hard to not see the hypocrisy that bursts at the seams in this story.

 

Melvin Kay and Michael McLaughlin, two Golden State Fence Co.  executives are facing the forfeiture of 4.7 million dollars and jailtime. Their crime was knowingly hiring illegal immigrants to build the barrier between the U.S. and Mexico. This story is a rarity because corporate executives usually get away with their illegal hiring practices while the only people that suffer consequences are those that are doing whatever they can to make a living in the U.S.

From the San Diego Union Tribune:

 

The admission by Riverside-based Golden State Fence Co. involves what a federal official said is the largest penalty brought against an employer in this type of criminal prosecution.

 

The case also is one of the few in which employers of illegal immigrants face prison, said Michael Unzueta, special agent in charge of the San Diego office of Immigration and Customs Enforcement.

 

“This is the largest criminal forfeiture in a work site case that I’m aware of,” said Unzueta, who asked his staff to research similar cases.

 

“Nobody can put their finger on another case where a corporate officer actually did jail time,” he said.

Everyone is in shock that the people doing the hiring are finally paying the price for their actions. Well kudos to the ICE for prosecuting the real criminals in this one instance.

 

More from NPR:

 

After an immigration check in 1999 found undocumented workers on its payroll, Golden State promised to clean house. But when followup checks were made in 2004 and 2005, some of those same illegal workers were still on the job. In fact, U-S Attorney Carol Lam says as many as a third of the company’s 750 workers may have been in the country illegally.

 

Golden State Fence built millions of dollars’ worth of fencing around homes, offices, and military bases. Its president and one of its Southern California managers will pay fines totaling $300,000. The government is also recommending jail time for Melvin Kay and Michael McLaughlin, probably about six months

So it took seven years of raids for the Feds to get it that Golden State Fence Company didn’t feel like changing their practices. They kept promising to change their ways while lying through their teeth. Now, not only are the two execs looking at a huge loss of cash and a short six month stint in prison, but the manager will have to cough up $300K in fines.

 

If you clicked the link for Golden State Fence you see their nice looking website that shows little cute fences for homes in the Southern California region. They don’t announce it too loudly, but they also do the work for the U.S. Border Fence and military installations.

 

The Golden State website also posts this garbage on their website:

Golden State Fence Works to Ensure Legal Status of Employees

 

Maintaining a workforce that includes only citizens and legal residents of the United States is a challenge for all companies, especially those in the construction industry. Golden State Fence has taken a number of important steps to ensure that all its employees are legal residents. Since December 2005, Golden State Fence has voluntarily participated in the Basic Employment Verification Pilot program run by Immigration and Customs Enforcement. Through this program, all of our new employees are screened by the government to help verify their legal immigration status. Participation in the Basic Pilot Program has enabled Golden State Fence to verify the status of all new employees, while deterring those with fraudulent documents from applying for work.

 

Golden State Fence has also implemented intensive training workshops for all employees involved in the hiring process. Regular internal I-9 audits are conducted by an outside firm, providing our hiring and administrative staff with the information they need to do the best possible job of maintaining compliance with immigration regulations.

 

The company has conducted extensive outreach to hire legally documented workers, including recruitment through the State Unemployment Office, through military veteran employment agencies, community colleges and adult education schools.

 

An established procedure for responding to annual Social Security “No-Match” letters will also help to ensure our ability to reconcile any apparent record discrepancies.

 

The company holds it contractors and subcontractors equally accountable for their hiring practices, in keeping with the same high standards as Golden State Fence.

 

Golden State Fence encourages other companies in the fencing business to also participate in these government programs as this creates a level playing field in the industry and is the best way to reassure our customers that we are providing dependable service with legally documented workers.

However in the interest of fairness, the company’s lawyer had this to say:

Golden State Fence’s attorney, Richard Hirsch, admits his client broke the law. But he says the case proves that construction companies need a guest-worker program.

From now on, if the government wants to try and deal with laborers coming from Latin America and elsewhere to work in this country they better start with the crooked employers like Golden State Fence Co.

 

Update:CA Democrat provides useful information on these two crooks. Giving to the Republican Party….what a shock!

Crossposted at Joshing Politics