Mexican restaurant Sabor a Mexico

Church Law Firm Helps Client Avoid Deportation and Decades in Prison in Human Trafficking and Money Laundering Case

Our client’s restaurant, Sabor a Mexico, which remains open to this day

Our client, a restaurant owner and longtime permanent resident in Atlanta, was facing serious federal charges in two different districts–he was charged with federal money laundering in the Southern District of Texas in Houston, and he and his wife were charged with alien smuggling and forced labor in the Northern District of Georgia in Atlanta. Our client faced a recommended sentence of 15 years under federal sentencing guidelines and a maximum of up to life in prison.

The case made local headlines when the charges were announced, and again when the charges were dismissed. Attorney Tom Church was also interviewed on Univision regarding the firm’s successful defense of the Gonzalezes.

As detailed in our firm’s blog post discussing his wife’s case, our firm conducted a vigorous investigation which exposed the Government’s witnesses as liars and uncovered evidence of misconduct by the federal Homeland Security agents that investigated the labor trafficking case in Atlanta. At the same time, we prepared a strong defense against the money laundering charges in Houston and were set to go to trial.

While we were ready to go to trial for our client in both cases, he had been denied a bond early in the case and had been sitting in jail for over a year. For that reason, he asked us to try to get a favorable plea deal that would get him out of jail and allow him to avoid deportation from the U.S., the country he had called home for over 20 years.

When we asked the Government to make a plea offer, prosecutors initially insisted on our client serving a decade in prison and accepting mandatory deportation. That changed when we disclosed all of the evidence we had obtained and showed the Government that they wouldn’t stand a chance at trial. Sure enough, the Government agreed to a sentence of “time served” for our client’s wife and to dismiss the forced labor and alien smuggling charges against her. Instead, she pleaded to alien harboring based on her hiring unlawful aliens at the restaurant.

The Government agreed to dismiss the original charges against our client as well but continued insisting that he would still have to be deported once he was released. Our client, desperate to get out of jail, initially accepted their offer and pleaded guilty to reduced alien harboring charges. He was resigned to the fact that he would be deported after serving his sentence.

Our firm never gave up fighting for him, however, and we continued investigating the case and working for a breakthrough. That breakthrough came shortly before our client’s sentencing hearing, when we obtained evidence confirming our suspicions that the main agent investigating the case had been removed from the case for misconduct. 

We used this information to force the Government back to the negotiating table and offer our client a deal that would let him stay in the U.S. and avoid deportation. Eventually, we obtained a “global resolution” to both of his federal cases and reduced the charges in Texas and Georgia to minor offenses that do not require mandatory deportation. Our client agreed to plead guilty to one count of bulk cash smuggling instead of money laundering and one count of hiring more than 10 unlawful aliens in a 12-month period rather than alien harboring, alien smuggling, or forced labor—neither of the reduced offenses are an “aggravated felony,” as defined by federal immigration laws, which would require mandatory deportation.

Even then, we didn’t stop fighting. When our client came to court to withdraw his prior guilty plea and enter a new plea to the reduced charges, we were able to obtain his release on bond pending his sentencing—something that’s almost unheard of in federal cases where the defendant was previously denied bond. 

We convinced the judge that the new plea agreement reflected that the Government was unable to prove any of the allegations in the indictment, which it had relied on to argue against our client’s bond. In releasing our client, the judge acknowledged that we had “forced” the Government to abandon those allegations.

Thanks to our firm’s hard work and experience defending clients charged with these kinds of offenses, our client can stay in this country with his family, where he has lived for over 20 years. His restaurant is still open, he and his wife did not have to pay any fines or restitution, and our firm has been helping them clear their names.

Our firm handles complex federal cases involving immigration, financial crimes, and government overreach—we are ready to fight for you.

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Our Firm Secures Time Served Sentence for Restaurant Owner Falsely Charged with Labor Trafficking and Alien Smuggling

Estela Gonzalez (middle) with Paraletal Emily Brooks and Attorney Tom Church

Estela Gonzalez (middle) with Paralegal Emily Brooks and Attorney Tom Church

For the past year and a half, our firm has been part of a joint defense team representing Efrain and Estela Gonzalez, the husband-and-wife owners of a popular Mexican restaurant, Sabor a Mexico, who were falsely accused of labor trafficking, alien smuggling, and other offenses under federal law. The Government initially charged the Gonzalezes in a 16-count indictment alleging that they brought in illegal immigrants from Mexico, made them work under brutal conditions and for no pay, threatened them with deportation and harm to their family, and sexually assaulted and harassed some of their employees. 

From the beginning, the Gonzalezes adamantly maintained their innocence of these charges. In fact, Efrain and Estela had become aware of the government’s investigation well before their arrest, as there had been rumors that a group of disgruntled former workers from Sabor, most of them illegally here in the U.S., were making false allegations against the Gonzalezes in order to gain legal immigration status that the federal government grants to illegal immigrants who are victims of crimes.

In fact, the rumors were true. Our firm was retained by the Gonzalezes prior to their arrest, and we conducted a vigorous defense investigation that exposed the scheme against them. We interviewed dozens of witnesses, obtained hundreds of pages of financial records, reviewed thousands of text messages, Facebook messages, and found pictures and videos from the social media accounts of the alleged victims. This evidence showed that the alleged victims had been well paid, enjoyed a positive environment at work, and had the opportunity to live the American dream while at Sabor, as evidenced by their vibrant social lives outside of work.

We also filed a motion to depose favorable defense witnesses who knew the alleged victims (and that the alleged victims were lying) but were scheduled to leave the U.S. once their visas departed. That motion was granted, and we had the unusual opportunity to depose witnesses in a criminal case.

Fortunately, we were able to conduct a thorough investigation in this case despite the fact that both of the Gonzalezes were denied bond, something that makes defense investigations much harder. Their pretrial incarceration also gave the Government leverage–a client out on bond is more likely to elect to go to trial, while an incarcerated client may be more willing to cut a deal if it gets them out of jail sooner.

That’s what happened in this case. Last week, we helped secure Estela’s release from federal custody pursuant to a plea deal with the government that required the government to dismiss all of the original charges and allow Estela to receive a time served sentence after she pleaded guilty to hiring illegal immigrants at her restaurant. By all accounts, this was a major win, as it is any time a client or a client’s loved one is released from custody. This outcome was especially notable since the government had flown down a specialized lawyer from the Department of Justice’s Human Trafficking Unit in Washington, D.C. specifically for this case.

To be clear, however, this was not a case where we got a “sweetheart” deal for our client based on some technicality. Rather, we forced the government to abandon its initial case by conducting a defense investigation that blew up the government’s case.

The evidence the defense obtained was credible, uncontroverted, and painted a much different picture than the government’s allegations–our investigation exposed the group of disgruntled former employees who were deliberately making false allegations of labor trafficking and exploitation against the Gonzalezes. Due to a shoddy investigation by the government’s agents and the absence of any due diligence, these alleged victims succeeded in fooling the government and obtaining legal immigration status normally reserved for actual victims of crimes. They then used the promise of legal status to recruit others to join in their false allegations against the Gonzalezes.

Confronted by this evidence, and knowing that they would not be able to win their original case at trial, the prosecutors in this case agreed to allow Estela to plead guilty to a much more minor offense–hiring illegal immigrants rather than exploiting them–and be released from custody. She is now back home with her family, where she belongs. Efrain has also accepted a deal to plead to the lesser charge and will be sentenced likely later this year.

The case was covered extensively by the media, which initially parroted the government’s false claims about the Gonzalezes. Fortunately for the Gonzalezes, our firm was able to respond forcefully to the false allegations through interviews with outlets like Univision, which granted Attorney Tom Church an exclusive interview to discuss the case. Of course, much work remains to clear the Gonzalezes’ names, and the next step is to bring Efrain home as soon as possible.

If you or a loved one has been charged with labor trafficking, alien smuggling, or other similar federal offenses, call our firm to speak to one of our experienced, compassionate attorneys. We are ready to fight for you and your family.

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