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SDNews.com
Home Beach & Bay Press

The French Gourmet’s attorney protests charges

Tech by Tech
April 29, 2010
in Beach & Bay Press, News, No Images
Reading Time: 2 mins read
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The owner and longtime manager of The French Gourmet in Pacific Beach have entered not guilty pleas against charges they hired illegal aliens to work for them, and the restaurant’s lawyer strongly protested the proposed criminal forfeiture of the building. Michel Malecot, 58, a University City resident who has owned and worked at the popular restaurant for 31 years, remains free on a $75,000 property bond he posted following his arraignment before U.S. District Court Magistrate Nita Stormes on April 21. Richard Kauffmann, 57, the manager who has worked at the Turquoise Street restaurant for 27 years, posted $60,000 bond after his arraignment. Both men were ordered to next appear in court on May 3 for setting of future court dates. The restaurant business itself has also been charged and it faces a $500,000 fine if convicted. Attorney Eugene Iredale, who represents Malecot and the restaurant, said the use of criminal forfeiture laws should only be used in drug cases. “We think forfeiture actions should be applied to cocaine, not croissants,” said Iredale on Monday. “It should be applied to crack, not Creme de Brulee.” The men are also charged with conspiracy, false attestation — which is the submission of false Social Security numbers— and harboring illegal aliens. According to court records, the government informed the restaurant as early as 2005 that some employees’ Social Security numbers did not match their names. The employees either submitted new Social Security numbers or were paid in cash, according to the charges. A federal search warrant was served on the restaurant in May 2008 and payroll records, computers, and other documents were seized. Iredale said about four to five workers were determined to be undocumented and were arrested. Iredale said the restaurant has 75 employees. He said the owner and manager should not be faulted if the workers gave them false Social Security numbers. “We intend to contest all of the allegations,” Iredale said. The men were indicted by a federal grand jury in a 16-count complaint. Each offense carries a five-year prison term.

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