Robert and Angelita Farrell, owners of a Comfort Inn & Suites hotel in South Dakota, committed visa fraud to bring Filipino workers to the United States to work in their hotel. As early as 2005, they began actively recruiting workers in the Philippines to come work for them. The Farrells took care of all fees to get the workers visas and drafted employment contracts for each of them (nine workers in total). They revealed that the workers would not be reimbursed for travel to the US (as required by the visa), but told the workers that their visas would be denied if they revealed this to any of the consular authorities.
Upon arrival, the Farrells enslaved the workers to perform cleaning and front desk duties at the hotel. Angelita demanded the workers surrender their passports, visas, and immigration documents to her. Then the Farrells informed the workers that they would not be getting the contract provisions as agreed (1/2 the wage promised). They indebted the workers to them by demanding repayment of all processing fees, as well as charging them transportation fees to get to and from their places of employment. They also required that the workers obtain a second job at fast food or other service establishments, in direct violation of their visas.
The workers were not permitted to leave their shared apartment, even to visit the drug store, without asking permission from either the Farrells or the hotel manager, Alma Navarro. Frequently, the Farrells told the workers that they were not to speak with anyone outside of the hotel and that they were prohibited from socializing with Americans. The prohibition against speaking to other people went so far as to preclude the workers from speaking to the non-Filipino workers who were employed at the same hotel. The workers were also required to work 13 hours a day, 7-days a week. Their income was insufficient to meet their mounting debt. The Farrells threatened to send the workers back to the Philippines in a small box or call the immigration authorities if the workers failed to repay them. There were also instances of Robert Farrell keeping delinquent workers in a room all night while yelling at them.
The fatal mistake occurred when the Farrell’s used the chief of police to, unknowingly, intimidate the workers. The chief of police, feeling something was amiss with the incident, subsequently removed the workers from the Farrell’s control.
In November 2007, a federal jury found Robert and Angelita Farrell guilty of peonage (compulsory service in payment of a debt), document servitude, visa fraud, making false statements, and conspiracy. The Farrells appealed arguing insufficiency of evidence and admitting certain expert testimony.
In November 2007, a federal jury found Robert and Angelita Farrell guilty of peonage (compulsory service in payment of a debt), document servitude, visa fraud, making false statements, and conspiracy. The Farrells appealed arguing insufficiency of evidence and admitting certain expert testimony.
The Farrells appealed arguing that there was insufficient evidence to convict them of peonage and document fraud, and the court’s admission of certain expert testimony was in error and that error substantially affected their right to a fair trial.
The appellate court held that (1) there was sufficient evidence to convict the Farrells of peonage and document fraud due to ample testimony at trial establishing the elements of the offences. And (2) any errors of the expert testimony did not affect any substantial rights.
The Farrells appealed arguing that there was insufficient evidence to convict them of peonage and document fraud, and the court’s admission of certain expert testimony was in error and that error substantially affected their right to a fair trial.
The appellate court held that (1) there was sufficient evidence to convict the Farrells of peonage and document fraud due to ample testimony at trial establishing the elements of the offences. And (2) any errors of the expert testimony did not affect any substantial rights.
United States Court of Appeals for the Eigth Circuit
