CALIFORNIA - San Diego Illegal Hiring Crackdown

"San Diego restaurant owner fined over hiring" AP, CBS News 12/23/2011

A judge fined the owner of a popular restaurant and bakery nearly $400,000 Thursday for employing illegal immigrants in a rare case of federal prosecutors charging an employer with illegal hiring.

Michel Malecot, 59, was spared prison time and his fines and penalties were below the $650,000 sought by federal prosecutors.

Malecot, a naturalized U.S. citizen from France and a major donor to local charities, appeared to hire illegal immigrants at The French Gourmet out of compassion rather than to take advantage of them, said U.S. District Judge Thomas Whelan, who also ordered five years of probation.

The case has drawn attention from restaurant owners because criminal prosecutions of employers are fairly rare. Federal prosecutors face high burdens of proof to show that employers knowing hired illegal immigrants.

Rebecca Kanter, an assistant U.S. attorney, urged a higher fine against Malecot to deter other employers from illegal hiring. The restaurant employed 91 illegal immigrants over several years.

"This is the type of cost that can be absorbed," she said of the nearly $400,000 fine.

The prosecutor challenged the judge's assertion that Malecot acted out of compassion, saying he had a financial motive. Kanter said it would have been illogical for him to hire illegal immigrants at the same wages and conditions of those legally allowed to work.

Eugene Iredale, Malecot's attorney, said the restaurant owner learned his employees were working illegally after he hired them and "couldn't pull the trigger to fire someone."

"His work has truly been dedicated to helping others," Iredale said.

Malecot, who pleaded guilty in October to a misdemeanor that carried a maximum penalty of six months in custody, apologized to the judge and said he took steps to avoid illegal hiring. The French Gourmet signed up for a program to verify the immigration status of new hires on a federal database.

Malecot's family, friends and employees packed the courtroom. A boyhood admirer of John Wayne, Malecot came to the United States as a young adult and found success in the restaurant business, opening his bistro in San Diego's Pacific Beach neighborhood in 1979.