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Date: 05-12-2021
Case Style:
Case Number: 1:20-cr-00083-LJV-JJM
Judge: Lawrence J. Vilardo
Court: United States District Court for the Western District of New York (Erie County)
Plaintiff's Attorney: United States District Attorney’s Office
Defendant's Attorney:
Description: Buffalo, New York criminal defense lawyer represented Defendant who was charged with conspiracy to harbor aliens for financial gain and causing serious bodily injury.
Roberto Montes-Villalpando, 60, of Sanborn, NY, and Abraham Montes, 28, of North Tonawanda, NY, were charged with conspiracing to harbor aliens for financial gain and causing serious bodily injury.
Assistant U.S. Attorneys Meghan A. Tokash and Laura A. Higgins, who are handling the case, with support from the Department of Justice’s Civil Rights Division’s Human Trafficking Prosecution Unit, stated that the defendants owned and operated El Cubilete Mexican Restaurant, in Niagara Falls, NY. Between December 2014 and late 2018, the restaurant was located at 9400 Niagara Falls Boulevard. In late-2018, the restaurant moved to 2050 Cayuga Extension in Niagara Falls. Defendant Montes-Villalpando managed the restaurant, supervised the staff, including wait and kitchen staff, made hiring and firing decisions, and determined payroll. Defendant Montes supervised the kitchen staff. The kitchen staff included Victims 1, 2, 3, and 4, who were each natives and citizens of Mexico. The victims—none of whom had legal status in the United States—were employed by the defendants as cooks, food preparers, and dishwashers. In addition, the victims sublet a Niagara Falls apartment rented by defendant Montes-Villalpando.
Between November 1, 2014, and February 18, 2018, the defendants recruited and hired undocumented foreign nationals who had entered the United States illegally to work for them. Montes-Villalpando and Montes enticed prospective laborers who lived and worked in Ohio, including Victim 1 and Victim 2, to work at El Cubilete by promising them better pay and fewer hours. During their employment, Victims 1, 2, 3, and 4 were paid less than required by the Fair Labor Standards Act and by New York State law, which required a minimum wage of $9/hour. According to analysis performed by the Department of Labor, Office of the Inspector General, the victims were underpaid in the following amounts respectively: Victim 1—$5,386.60; Victim 2—$8,513.44; Victim 3—$61,665.40; and Victim 4—$6,006.60.
Additionally, in about February 2018, defendant Montes punched Victim 3 in the nose and stated he would kill Victim 3. Montes then used a fire extinguisher to strike Victim 3 in the head causing him to fall to the ground. Victim 3 was transported to a hospital for medical treatment where he was diagnosed with a broken nose and a laceration on his head was closed with staples.
The pleas are the result of an investigation by the Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Nikitas Splagounias, Acting Special Agent-in-Charge of the New York Region; and the Human Trafficking Task Force of Western District New York, which is co-led by the United States Attorney's Office, Erie County Sheriff's Office and International Institute of Buffalo.
18:1594B.F CONSPIRACY TO ESTABLISH PEONAGE, SLAVERY, INVOLUNTARY SERVITUDE, OR HUMAN TRAFFI
(1)
18:1589.F and 18:2 FORCED LABOR
(2-5)
8:1324.F BRINGING IN AND HARBORING ALIENS
(6)
8:1324.F and 8:1324 (a)(1)(A)(v)(II) and 8:1324(a)(1)(B)(i) BRINGING IN AND HARBORING ALIENS
(7-8)
8:1324.F and 8:1324(a)(1)(A)(v)(II) and 8:1324 (a)(1)(B)(i) and 8:1324(a)(1)(B)(iii) BRINGING IN AND HARBORING ALIENS
(9)
8:1324.F and 8:1324 (a)(1)(A)(v)(II) and 8:1324(a)(1)(B)(i) BRINGING IN AND HARBORING ALIENS
(10)
8:1324.F and 8:1324(a)(1)(B)(i) BRINGING IN AND HARBORING ALIENS
(11-12)
Outcome: 05/06/2021 53 PLEA AGREEMENT as to Abraham Montes. (CMD) (Entered: 05/07/2021)
05/06/2021 54 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo:Change of Plea Hearing as to Abraham Montes held on 5/6/2021. Interpreter sworn. Defendant sworn. Plea entered by Abraham Montes (2) Guilty Count 6 of the Indictment in violation of 8 USC § 1324(a)(1)(A)(v)(1). Court accepts defendant's plea of guilty and the defendant is adjudged guilty of Count 6. Court defers acceptance of the plea agreement. Sentencing set for 9/14/2021 at 9:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. **THE FAILURE TO ADHERE TO THE FOLLOWING DEADLINES WILL RESULT IN AN ADJOURNMENT OF THE SENTENCING*** Presentence Report to Parties due by 7/30/2021. Sentencing Factors Statements/Sentencing Motions due by 8/10/2021. Objections/Responses to Sentencing Factors/Motions due by 8/24/2021. Character Letters due by 8/31/2021. Presentence Report to the Court due by 8/31/2021. Motions to Adjourn due by 9/3/2021. Government does not oppose continued release. Court orders defendant released pending sentencing on the same release conditions. AUSA Kane will submit a proposed preliminary order of forfeiture to the Court. Appearances. For government: AUSA Laura A. Higgins and AUSA Mary C. Kane. For defendant: Anthony J. Lana. Defendant present. Spanish Interpreter Carlos Aguirre.-PROBATION NOTIFIED OF PLEA- (Court Reporter Ann M. Sawyer.)(CMD) (Entered: 05/07/2021)
05/06/2021 Terminate Deadlines and Hearings as to Abraham Montes. (CMD) (Entered: 05/07/2021)
05/06/2021 55 PLEA AGREEMENT as to Roberto Montes-Villalpando. (CMD) (Entered: 05/07/2021)
05/06/2021 56 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Change of Plea Hearing as to Roberto Montes-Villalpando held on 5/6/2021. Interpreter sworn. Defendant sworn. Plea entered by Roberto Montes-Villapando (2) Guilty Count 6 of the Indictment in violation of 8 USC § 1324(a)(1)(A)(v)(1). Court accepts defendant's plea of guilty and the defendant is adjudged guilty of Count 6. Court defers acceptance of the plea agreement. Sentencing set for 9/14/2021 at 10:00 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. **THE FAILURE TO ADHERE TO THE FOLLOWING DEADLINES WILL RESULT IN AN ADJOURNMENT OF THE SENTENCING*** Presentence Report to Parties due by 7/30/2021. Sentencing Factors Statements/Sentencing Motions due by 8/10/2021. Objections/Responses to Sentencing Factors/Motions due by 8/24/2021. Character Letters due by 8/31/2021. Presentence Report to the Court due by 8/31/2021. Motions to Adjourn due by 9/3/2021. Government does not oppose continued release. Court orders defendant released pending sentencing on the same release conditions. AUSA Kane will submit a proposed preliminary order of forfeiture to the Court. Appearances. For government: AUSA Laura A. Higgins and AUSA Mary C. Kane. For defendant: William D. Berard, III. Defendant present. Spanish Interpreter Carlos Aguirre. -PROBATION NOTIFIED OF PLEA- (Court Reporter Ann M. Sawyer.)(CMD) (Entered: 05/07/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: