News Release

New York, NY

CHINATOWN GARMENT OPERATORS SENTENCED FOR MAKING FALSE STATEMENTS TO FEDERAL INVESTIGATORS

Three Chinatown garment shop operators were sentenced in Manhattan federal court on Tuesday, September 5, for making false statements to investigators of the U.S. Department of Labor with respect to pay and recordkeeping practices.

"We hope that the government's criminal prosecution sends a strong message to garment shop operators in New York City that such flagrant violations of U.S. labor laws will not be tolerated." said Bruce Sullivan, the head of the New York City Wage and Hour office. "The level of compliance with Federal minimum wage, overtime, and recordkeeping requirements in New York City is unacceptable, and the department will continue its stepped up enforcement to eliminate sweatshops."

In May, each of the defendants pleaded guilty to one misdemeanor count of violating the Fair Labor Standards Act. The complaints filed by the US Attorney for the Southern District of NY against the defendants in October 1999 charged that they lied to investigators of the department about the number of hours worked by their employees, the wages paid to their employees, the methods used to calculate the hours worked and the wages paid to their employees, and the methods used to pay their employees.

The sentences handed down by United States Magistrate Judge Henry Pitman ordered:

• PEN HAN LEE, former owner and president of ABW FASHION, INC., 115 Grand Street, to pay restitution of $20,000, plus a $1,000 fine and 2 years probation
• LAI NG, former owner and manager of EVERYDAY GARMENT, 459 Broadway, to pay restitution of $6,500, plus a $1,000 fine and 1 year probation
• YOKE LIAN NG, former owner of LUCKY DAY FASHION, INC., 91 E. Broadway, to pay a $5,000 fine and 1 year probation.

In May, the defendants agreed to the payment of wage restitution when the guilty pleas were entered. Judge Pitman indicated at the sentencing hearing that he imposed the criminal fines for PEN HAN LEE and LAI NG out of concern that restitution alone may not provide sufficient deterrence.

A fourth defendant is scheduled to be sentenced in October.

The investigations were conducted under the auspices of the Worker Exploitation Task Force, which was formed in 1998 by Attorney General Janet Reno to investigate serious instances of worker exploitation and abuse. The Task Force is chaired by the Assistant Attorney General for Civil Rights and the Solicitor of Labor.