The Nazi cbg award for the month March 2010 goes to these clowns!

Mahender Murlidhar Sabhnani and Varsha Mahender Sabhnani earn the Nazi cbg award for being true disciples of the Nazi cbg labor/management relation style.

I have read and studied a lot of employment/labor law cases over the years and up until yesterday never read one where I felt capital punishment to the employer should be meted out. This one came across from FindLaw daily opinions (anyone interested in any aspect of law should sign up for the free service)

The Ruling is a Forced Labor Case: US v. Sabhnani, No. 08-3720 2nd Cir.
Link: http://caselaw.lp.findlaw.com/data2/circs/2nd/083720p.pdf

The 72 page decision reads like a Steven King novel (beatings, torture including: scalding with boiling water, cutting off hair, and tearing off hair in the women’s genital areas with duct tape, to name only a few) if it was not a case in front of the U.S court of appeals you would not believe the events could take place in this country.

In reading it I had to open note pad and make notes of who was who since the names were foreign. For those not interested in reading all of the legalize, I recommend scrolling down to page 4 and read BACKGROUND to page 16.

The appeals court upheld the criminal charges but the court reversed the district court's restitution order because the district court erred in awarding overtime pay, and remanded to the lower court for recalculation. The court did reject plaintiff’s argument to overturn “vulnerable victim” enhancement for the following:

[T]hey were both native Indonesians; neither one spoke a word of English; had never been in the United States before; were totally dependent upon the defendants for their basic human needs of food, clothing and shelter; they never received any direct payment for services . . . and were therefore unable to support themselves. They actually couldn’t even leave the house. They couldn’t speak. They had no money. Additionally, they were threatened if they left, their family members would be harmed. They would be jailed. The defendants took their passports, visas and other documents, and kept them from the two women. They were in a situation where they had to accept these abusive conditions, of course because they had no alternative.

Luckily for the two women they lacked the language and computer skills to find their way on to a website moderated by the Nazi cbg and her brown shirts, (although I am sure the employers were avid readers of the Nazi cbg) but instead escaped to a Duncan doughnuts and laid their plight out to some working stiffs at the doughnut shop using sign language.

The mother of the store manager, a certified nursing assistant, saw the wounds behind one of the women’s ears and the marks on her forearms and told her son to call the police.

The hammer came down on the employers shortly after that. Including a 10 year + prisons sentence on the employer (wife) and three years on the husband, 18 U.S.C. § 1589(a), harboring aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(iii), holding a person in a condition of peonage in violation of 18 U.S.C. § 1581(a), and document servitude in violation of 18 U.S.C. § 1592(a), as well as conspiracy to commit each of these substantive offenses. The district court also required both defendants to pay the sum of $936,546.22 in restitution to their victims, and ordered both defendants to forfeit their ownership interest in their home, where their victims had been held. The district court’s forfeiture order was stayed pending the disposition of this appeal which the employers lost for the most part.
JoeC (McGruff)