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BLTS-9e Case Problem with Sample Answer Chapter 24: Employment, Immigration, and Labor Law 24.6 Case Problem with Sample Answer Nicole Tipton and Sadik Seferi owned and operated a restaurant in Iowa. Acting on a tip from the local police, agents of Immigration and Customs Enforcement executed search warrants at the restaurant and at an apartment where some restaurant workers lived. The agents discovered six undocumented aliens working at the restaurant and living together. When the I-9 forms for the restaurant’s employees were reviewed, none were found for the six aliens. They were paid in cash while other employees were paid by check. The jury found Tipton and Seferi guilty of hiring and harboring illegal aliens. Both were given prison terms. The defendants challenged the conviction, contending that they did not violate the law because they did not know that the workers were unauthorized aliens. Was that argument credible? Why or why not? [United States v. Tipton, 518 F.3d 591 (8th Cir. 2008)] Sample Answer: Conviction affirmed. The evidence was sufficient to support the convictions for hiring and harboring illegal aliens. Given the way the restaurant was run and the differential treatment of employees, it was clear the defendants knew I-9 forms were required as they kept them for most employees, but not for the undocumented workers. They also paid them in cash and did not pay taxes on behalf of those workers. They also maintained an apartment for those workers only. Separate accounts were maintained for the undocumented workers. It is clear from this evidence that Tipton and Seferi knew the workers were illegal and they did not comply with employment verification procedures and other employment law requirements.