Case 2:09-cv-14399-RHC-MAR Document 1 Filed 11/09/2009 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs. Civil Action No.

APPLIED PLASTIC PRODUCTS,

Defendant.
________________________________/

COMPLAINT FOR CIVIL PENALTY

Plaintiff, the United States of America, by and through its attorneys, Terrence Berg,

United States Attorney for the Eastern District of Michigan, and Jacqueline M. Hotz, Assistant

United States Attorney, states its complaint to recover a civil penalty against Applied Plastic

Products, as follows:

JURISDICTION AND VENUE

1. This civil action is brought on behalf of the United States of America to recover a

civil penalty against defendant Applied Plastic Products.

2. This Court has jurisdiction pursuant to 28 U.S.C. §1345 and 28 U.S.C. §1355(a).

3. Venue is proper in this Court under 28 U.S.C. §1395(a) because the penalty accrued

within this judicial district.

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PARTIES

4. Plaintiff is the United States of America, suing on behalf of the U.S. Department of

Homeland Security, U.S. Immigration and Customs Enforcement (ICE).

5. Defendant Applied Plastic Products is an Michigan company doing business at 6024

Corporate Drive, Ira Township, Macomb County, Michigan.

BACKGROUND

6. In November 1986, the Immigration Reform and Control Act (IRCA) was signed into

law which made it illegal for employers to hire or recruit unauthorized aliens, required

employers to verify the identity and employment eligibility of their employees, and created

criminal and civil sanctions for violations. Section 274A(b) of the Immigration and Nationality

Act (INA), codified at 8 U.S.C. § 1324(a)(b), requires employers to verify the identity and

employment eligibility of all individuals hired in the United States after November 6, 1986.

8 C.F.R. § 274a.2 designates the Employment Eligibility Verification Form I-9 (I-9) for this

purpose and requires employers to (a) have employees complete Section 1 of the form at the time

of hire; (b) complete Section 2 within three business days of hire; (c) re-verify that an individual

is still authorized to work if his or her employment authorization expires; (d) retain the I-9 for at

least three years from the date of hire or for one year after the employee is terminated, whichever

is longer.

7. On March 17, 2009, ICE completed an audit of the I-9 forms maintained by Applied

Plastic Products.

8. On March 25, 2009, ICE issued a Notice of Intent to Fine charging Applied Plastic

Products with ninety four (94) violations of Section 274A(a)(1)(B) of the Immigration and

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Nationality Act (INA) for failure to properly complete ninety four (94) Employment Eligibility

Verification Forms I-9. This Notice was personally served on Gerald Ruggles, President of

Applied Plastic Products, on April 3, 2009. By regulation, Applied Plastic Products had a thirty

(30) day period from the date of service of the Notice to apply to the ICE Office of Chief

Counsel to preserve its right to contest the proposed fine, or to seek a negotiated settlement,

otherwise the fine becomes final. Failure to take action within the thirty (30) period results in

the fine becoming final.

9. Applied Plastic Products failed, refused, or neglected to apply to the ICE Office of

Chief Counsel on or before May 4, 2009. Accordingly, the amount and nature of the fine

became final and nonreviewable.

10. On May 27, 2009, ICE issued a Final Order to Cease Violations and Pay Fine (Final

Order) in the amount of $41,360.00. This Final Order was personally served on Gerald Ruggles,

President of Applied Plastic Products on May 29, 2009. (See Exhibit A - Final Order).

COUNT I

11. The allegations of paragraphs 1 - 9 are fully incorporated herein.

12. Defendant is indebted to the United States in the amount of $41,360.00.

13. Plaintiff United States has made demand upon Defendant for payment, but

Defendant has failed to pay.

14. Accordingly, the United States is entitled to a judgment against defendant in the

amount of $41,360.00.

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PRAYER FOR RELIEF

WHEREFORE, the United States requests judgment against defendant in the amount of

$41,360.00 together with costs incurred herein, and any other relief the court may deem just and

proper.

Respectfully submitted,

TERRENCE BERG
United States Attorney

s/Jacqueline M. Hotz
JACQUELINE M. HOTZ
Assistant U.S. Attorney
211 W. Fort Street, Suite 2001
Detroit, Michigan 48226
Phone: (313) 226-9108
E-mail: Jackie.Hotz@usdoj.gov
Dated: November 9, 2009 (P35219)

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