Criminal Defense Lawyers

NYC Fraud in Foreign Labor Contracting Lawyers

For a business to succeed and operate smoothly, they will likely need to hire labor and professional support. In many situations, an employer may find that they will need to not only hire people domestically, but they will also need to market open positions to those in foreign locations as well. People who come into the country for one of these jobs will either be able to work on a full-time basis, or will be able to hired for a temporary basis due to seasonal highs and lows.

When brining people into the United States to work, companies have the obligation to be open and honest about the job and compensation. Those that are not open and honest about the job could be charged with fraud in foreign labor contracting. Those that are in violation of this charge could face a variety of penalties.

Examples of Fraud in Foreign Labor Contracting
Today, there are a variety of situations that could fall into the category of fraud in foreign labor contracting. One of the main examples of fraud in foreign labor contracting today is if an employer does not provide an employee with honest information about the job. Some of the most common items that could be disclosed fraudulently can include not representing they type of job that will be worked. This can include not providing detail about the actual work being done or not reporting if the work will be overly stressful or dangerous.

Another common example of fraud in foreign labor contracting is when an employer does not end up providing the same amount of compensation that they promised to pay the employee. In order to entice someone to come to the United States to work, an employer will likely promise a certain level of pay, free transportation to and from work, and other amenities. If these promises are not fulfilled, it could be an example of fraud in foreign labor contracting.

Those that are charged with fraud in foreign labor contracting are often also charged with other crimes as well. Some other crimes can include not providing safe work environment, hiring employees that are not documented to work in the United States, or providing wages and benefits that are lower than the local minimum wage. Depending on the situation, an employer could also be in violation of tax law if they are not properly recording all of the expenses and revenue associated with the employees.

Penalties
The New York Penal Law, as well as laws all over the country, take fraud in foreign labor contracting very seriously. This is considered one part of an overall labor law issue that is continuing to impact the country on a daily basis. Because of this, those that are charged with fraud in foreign labor contracting can face very serious penalties. For those that are charged with fraud in foreign labor contracting, a penalty of at least five years in prison and fines of $250,000 per count are possible. For those that have a systemic operation in place, these charges can add up very fast.

Those that are charged with visa fraud on top of fraud in foreign labor contracting can get even more sever penalties. Visa fraud comes with a punishment of up to 15 years in jail with a $250,000 fine for each count. Those that are charged with wage violations can expect an additional 6 years in jail with an additional $10,000 fine.

Defense Strategy
If you are charged with fraud in foreign labor contracting, there are a number of strategies that you can pursue. One of the main strategies is to state that the crime was not intentional. If you have hired a few seasonal employees and end up requiring them to work much different jobs than originally specified, you could easily claim that the change was made due to the normal operations of business. While this strategy may work at times, it likely will not work if contractor are suddenly required to work dangerous jobs that do not come with fair compensation.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

If you are charged with fraud in foreign labor contracting, you need to take the charges very seriously. The first thing that you should do is hire a criminal defense lawyer that has experience with these types of crimes. The fraud in foreign labor contracting lawyer will be able to help you to develop a better defense strategy and find a way to negotiate with prosecutors. This can often result in receiving a lighter punishment, which can often include avoiding jail time and serious penalties. However, you will likely be placed on probation that will require you to change your hiring and employment practices going forward. This will ensure you are in compliance with the law in the future when hiring people outside of the country.