08 Jun 2017

OCAHO Cuts I-9 Penalty from $367K to $276K - Alpine Staffing, Inc.

USA v. Alpine Staffing, Inc. - "After considering the totality of evidence, the arguments of the parties, and the relevant factors to be considered in penalty assessments, the undersigned finds that the penalties proposed by ICE are somewhat disproportionate for some of the violations. Consequently, considering the record as a whole, I will reduce the overall penalty in the exercise of discretion. See Ice Castles Daycare, 10 OCAHO no. 1142 at 6. Pursuant to my de novo authority, I will maintain the proposed penalty amount of $770 per violation for the 34 Count I violations for failing to prepare and/or present Forms I-9, as these are the most serious violations overall. The total penalty for these violations is $26,180. The penalty for the 271 Forms I-9 untimely presented on October 7, 2013, will be reduced to $500 per violation for a total penalty of $135,500. The penalty for the 39 Forms I-9 that were untimely presented on November 20, 2013, will be reduced to $600 per violation for a total penalty of $23,400. The penalty for the 130 Count II violations is reduced to $700 per violation, for a total penalty of $91,000. Accordingly, the total civil monetary penalty for which Alpine is liable is $276,080."