Posted on 08/25/2006 10:13:11 AM PDT by davidosborne
Just heard about this case on FOX... Very interesting case to discuss. In essence Mohawk Industries, a carpet manufacturer is being sued under RICO as a result of thier efforts to hire illegals.
for more background visit
http://www.scotusblog.com/movabletype/archives/2006/04/todays_argument_9.html
On Wednesday, the Court will hear argument in a case that will clarify what kinds of arrangements involving corporations qualify as "enterprises" under the Racketeer Influenced and Corrupt Organizations Act (RICO). In particular, the question is whether a corporation acting in concert with outside recruiters and staffing agencies to hire illegal aliens can constitute an "enterprise-in-fact," such that the corporation can be sued as a distinct member of the enterprise. The Eleventh Circuit held that petitioner Mohawk, which is accused of engaging in such a scheme, is subject to suit under RICO. Mohawk argues that such a rule transforms any contractual relationship involving a corporation into a RICO enterprise, thus federalizing the criminal law of conspiracy. The respondents -- Mohawk employees who allege that Mohawk’s practices depressed their wages -- argue that Mohawk is seeking to entirely immunize corporations from RICO claims. The United States, which frequently brings both civil and criminal RICO charges against corporations, filed an amicus brief supporting respondents.
BTTT
Or as George Allen pronounces it, "Mocaca Industries" . . . . : )
are you familiar with this case? I am surprised that today was the first time I heard of this... I think this a GREAT LEAP forward in the "war against illegal immigration"
I heard about it on the radio a couple of days ago. I agree, it would be a good first step towards forcing businesses to comply with immigration laws.
agreed.... the media should be following this case and giving it more air time... this is exactly what the American People expect IMHO.... we would not need to be making more laws if we enforced the ones we already have.. I think RICO is a great way to go !!! I found it funny that the company's attorney told fox news that if they "rigorously enforced immigration laws that they would be sued for discrimination"... what a joke !! this garbage needs to be exposed
in this case the respondant is Shirley Williams... because it was Mohawk Industries who filed the writ of certiorari asking the USSC to intervene... I have read some news articles that try to spin the ruling as a win for Mohawk, but in essence it was neither a win nor a loss.. the case was remanded back to the 11th circuit.... we should follow this case closly as it will be major precedent when the dust settles
The respondents -- Mohawk employees who allege that Mohawk’s practices depressed their wages -- argue that Mohawk is seeking to entirely immunize corporations from RICO claims. The United States, which frequently brings both civil and criminal RICO charges against corporations, filed an amicus brief supporting respondents.
The case referenced in this order can be read here.
http://www.supremecourtus.gov/opinions/05pdf/04-433.pdf#search=%22anza%20v%20ideal%20steel%22
have any threads been following this case.. I have tried to find this discussed on FR and have not been able to find any mention of this potentially landmark case in the war against illegal immigration.... WE FREEPERS are behind the power curve if this post is the first one on the subject...
This was discussed extensively back when the Supreme Court rendered its decision (last May or June?). The Supreme Court decided another RICO case against the plaintiffs, and then remanded this case back to the lower court for reconsideration in light of the other decision.
in reading the decision.. it appears that the USSC is willing to accept an argument under RICO if the right case is presented the right way.. I think it makes perfect sense... can you post links to the threads where this was discussed
Who the H. is Shirley Williams?
aparently an employee "spokesperson" who filed the suit against her employer Mohawk Industries on behalf of herself and other employees who claim that the employer has committed a RICO offense by hiring illegals.....
Thx
A Body Blow to Illegal Labor? (RICO lawsuits)
March 26, 2006
It could soon be high noon in Calhoun. The town of 13,000 tucked away in the northwest corner of Georgia has been reshaped during the past decade by a huge influx of Latinos. The big draw: jobs at Mohawk Industries Inc., the town's largest employer.The $6.6 billion carpet maker employs 32,000 workers in all, 4,000 of them in Calhoun and surrounding Gordon County. Once staffed largely by whites, Mohawk today has a workforce made up substantially of immigrants from Mexico and other Latin American countries. The lure of $7-an-hour work has helped lift Hispanics to 12% of Gordon's population today, up from less than 1% in 1990.
snip
For what its worth, I found out this week that one of Mohawks employees, don't know yet if they are Latino, is being treated for TB.
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