Wednesday, July 06, 2011

Can Employer be Held Responsible for Illegal Alien Crime?

It appears that an employer CAN be held liable for the crime of an Illegal Alien Employee. 

Here is a case
HUNTSVILLE, Ala. (AP) - The family of slain Huntsville police officer Daniel Howard Golden was awarded $37.5 million in punitive damages Tuesday by a Huntsville jury.
Golden's family had sued his convicted killer, Benito Ocampo Albarran along with the El Jalisco Mexican restaurant where Albarran worked. The jury awarded the Golden family $25 million from Albarran and $12.5 million from the restaurant.

Golden was killed in 2005 after answering a domestic dispute call at the restaurant in Northwest Huntsville. According to evidence and testimony from Albarran's murder trial, he shot Golden twice in the head, killing him. Court records indicate Albarran was intoxicated at the time of the shooting. He was sentenced to death for the crime in 2008.
Click here for an extensive paper on the subject:
Excerpt: "The amended RICO definitions added a violation of section 274 of the INA.codified in 8 U.S.C. § the list of prohibited conduct qualifying as a predicate offense under 18 U.S.C. § 1961. Under the expanded definitions, .racketeering activity. for purposes of a civil RICO suit includes .any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens). This section bears the title Bringing in and harboring certain aliens. and appears targeted at people that smuggle or conceal aliens in the United States.  In contrast, section 274A is entitled Unlawful employment of aliens and qualifies several prohibitions on employment of illegal aliens in the United States. The amendments opened the door for the use of federal racketeering law against companies that knowingly violate the INA.   Although relatively obscure, the amended definitions did not go unnoticed for long."

Any lawyers out there who want to take up the cause in Utah?

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