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Gourmet Heaven Chung Cho Wage Theft Arrest Warrant Connecticut

Gourmet Heaven Chung Cho Wage Theft Arrest Warrant Connecticut

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Gourmet Heaven Chung Cho Arrest Warrant - New Haven, Connecticut
Gourmet Heaven Chung Cho Arrest Warrant - New Haven, Connecticut

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Published by: ghostgrip on Feb 25, 2014
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02/25/2014

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[
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 E W L
JD-CR-64b Rev.

C.G.S. § 54-2a Pr.
Bk
Sec.
  
Police Case number
E  EU UE U
wwwud.t. gov
I
Agency name
Depament of Labor
Name
(Last, First,
M
lnia�
ho, hung
Aicion For Arres Wrrn
To: A Judge of the Superior Court
Residence
(Town)
of accused
New Haven
Fo Co
U O
Supporting Afdavits sealed
Yes
D
No
Cou   t o be held a t
(Ton )
Geographical
New Haven
J
Area number
23
Agency number
10
The undersigned hereby applies for a warrant for the arrest of the above-named accused on the basis of the facts set forth in the:
[
Affidavit Below.
Affidavit(s) Attached.
Date Signed
(Prosecuting authory)
Type/print name of prosecuting authority
Aidvi
The undersigned afiant, being duly sworn, deposes and says:

Blair F. Bertaccini, am a wage enrcement agent r the Connecticut Department of Labor, Wage and Workplace Standards Division.
have twenty-sx years experience investigating complaints r nonpayment of wages, failure to pay minimum wage and premium overtime as required by C.G.S. Chapter 558 Sections 31-58 through 31-76k inclusive.
have a thorough knowledge of these satutes and the regulations promulgated in accordance with them. On June 17, 2013 the Department of Labor received a complaint r nonpayment of wages from Ulber Morales Ramirez. The complaint was led against Chung Cho the owner of Gourmet Heaven, 15 Broadway, New Haven, CT. Mr. Morales stated on his claim rm that he had worked preparing sandwiches om May 2, 2011 until Janua 28, 2012. He stated that he had worked an average of 72 hours per week and had not received minim um wage or overtime. He stated on his claim rm that were about 30 workers employed under the same circumsances. On June 24, 2013
met with Mr. Morales and another employee of Gourmet Heaven at the oce of Unidad Latina, a communi and workers' rights organization, at 37 Howe Street, New Haven,

Mr. Morales sated that he had worked 6 twelve hour shifts per week. He stated that he did not punch a time clock and that he and the other workers were paid salaries starting at $320 per week in cash. He said that there were two locations in New Haven, 15 Broadway and 44 Whitney Street. On August 7, 2013 at mid-morning, ur other agents of the Department of Labor and
visited both locations of Gourmet Heaven at the same time. We und 9 employees working at the Broadway location and 8 employees working at the Whitney location. We briey interviewed asking them their names, hours of work and wage rates. All but three of them
(This is page
of a 4 page Aidavit.)
Date Signed
(Aant)
Subscribed and sworn to bere me on
(Date)
Signed
(JudgClerk, Commissner
Superr Cou, Na Pub
J 
Finding
The foregoing Application for an arrest warrant, and afidavit(s) atached to said Application, having been submited to and considered by the undersigned, the undersigned finds from said affidavit(s) that there is probable cause to believe that an offense has been committed and that the accused commited it and, therefore, that probable cause exists for the issuance of a warrant for the arrest of the above-named accused.
D 
Signed at
(Cy or town)

On
(Date)
Print Form
Signed
(JudgJudge Trl Referee)
Name of Judge/Judge Trial Reree
Reset Form
 
 E W L
JD-CR-64a Rev. 3-11 C.G.S. § 54-2a Pr.
Bk
Sec. 36-1, 362, 36-3 Name
(Last, First,
M
lnia�
ho, hung
Affidvi -Coninued
E  EU UE U  jv
Residence
(Town)
of accused
N H
told us that they were paid cash and were paid by weekly salaries.
Cou to be held at
(wn)
New Haven
Geographical Area number
2
After conducting the interviews and speaking with the managers, Field Superisor Resa Spaziani issued a stop work order r both stores r not having proper payroll inrmation or workers compensation policy. On August 8, 2013
met with Mr. Cho to began an audit of any time and wage records that he had r his employees. He showed me records that he had r some of his employees from a payroll company, but r most he had hand written records showing weekly payments and a total of hours worked. The payroll company records revealed that Mr. Cho paid himself, $2,250.00 per week and his wife, Yong S. Cho, $2,000.00 per week. He also showed me his Connecticut driver's license which showed a residence of 2 Olde Count Road, Woodbridge,
06525 stating his date of birth as May 10, 1963. His height  was sated as 65 inches and eye color as black. From that date until September 19, 2013
conducted an investigation of Mr. Cho's compliance with Connecticut's wage and hour laws which included an audit and transcription of Mr. Cho's records and interviewing employees both on site and at the ofces of Unidad Latina. All my interviews were conducted in Spanish except those with the Korean employees and one cashier which were done in English. This was done because of the limited knowledge of English of most of the employees or their preference to speak in Spanish. Most of the employees told me that they were immigrants om Mexico. During two meetings with Mr. Cho on September 19, 2013 and October 7, 2012
explained the state's wage and hour laws to Mr. Cho and gave him written notice of the violations und during the course of the investigation. These sheets sated that Mr. Cho had violated the llowing satutes, 31-13a, failure to provide earnings statements, 31-66 failure to keep true and accurate time and wage records, and 31-60 as required by 3 1-58 and 31-7 6c, failure to pay minimum wage and overtime. On October 10, 2013 the Department of Labor sent Mr. Cho a Notice to Employer and Wage Transcription sheets detailing the wages due to 25 employees r the above violations (copies attached). These wages toalled $218, 241.75 with $36, 609.48 in statutory interest. Mr. Cho was given a deadline to pay of October 31, 2013.
(This is page 2 of a 4 page Aidavit.)
Date
Subscribed and sworn to bere me on
(Date)
J 
Reviewed
(Prosecutoal Ol)
Date
Print Form
Signed
(Aant)
Signed
(JudgClerk, Commissner
Superr Cou, Na Pub
Reviewed
(Judge/Judge Tal Referee)
Date
Reset Form
 
 E W L
JD-CR-64a Rev. 3-11 C.G.S. § 54-2a Pr.
Bk
Sec. 36-1, 362, 36-3 Name
(Last, First,
M
lnia�
ho, hung
Affidvi -Coninued
E  EU UE U  jv
Residence
(Town)
of accused
N H
Cou to be held at
(wn)
New Haven
Geographical Area number
2
On November 14, 2013 Field Superisor Resa Spaziani and
met with Mr. Cho and his attorney David Le. During that meeting Mr. Cho agreed to pay $140,000 in wages to the employees and $10, 200 in civil penalties to the Department of Labor. The payments were to paid as llows: $50,000 on November 22, 2013, $50,000 on January 6, 2014 and $50,200 on February 21, 2014. During that meeting we were also inrmed that two of the employees on the billing were really the same person who was identied by both his maternal and pateal last names in Mr. Cho's records. This reduced the number of employees due wages to 24. The individual  was Pedro Zamora Gonzalez. On November 15, 2014
e-mailed attorney Le a letter memorializing the agreement reached the day bere. The letter sated that if Mr. Cho failed to comply with terms of the agreement that the Department of Labor would seek the original amount billed and possibly initiate criminal and civil legal action against him. On December 2, 2013 the Department of Labor received check
#
11331 from Gourmet Heaven in the amount of $50,000. The check had a printed date of November 23, 2013 but  was overritten by hand to be November 22, 2013. The letter was accompanied a copy of my November 15, 2013 letter signed by Mr. Cho and dated November 22, 2013
(
copy attached
)
. Mr. Cho iled to make his payment due on Janua 6, 2014 and did not communicate with our ofce in any way since sending the rst check and signed letter to us. Using the original billing this left Mr. Cho owing 21 of the employees $167, 187. 99 in wages and $34, 158.45 in original interest as of October 2013 still due. The amounts due to 21 employees were as llows:
NAME Galvez, Fidencio Garcia, Gustavo Garcia, Reynaldo Gonzalez, Jose Zamora, Pedro Gonzalez Jurezdiaz, Adan Lopez, Carlos Lopez, Cresencio Lopez, Jorge WAGES DUE
$ 2,640.79 $ 17,000.18 $ 833.95
$ 1,711.83
$ 4,13.78 $ 8,687.4 7 
$ 4,790.94 $ 17,117.65 $ 256.30
(This is page 3 of a 4 page Aidavit.)
Date
Subscribed and sworn to bere me on
(Date)
J 
Reviewed
(Prosecutoal Ol)
Date
INTEREST TOTAL LAST WK BILLED
$ 501.32 $ 3, 142.11 3/1/2013 $ 3,787.66 $ 20,787.84 8/2/2013 $ 73.79 $ 907.74 7 /5/2013 $ 356.09 $ 2,067.92 8/4/2013 $ 1, 181.34 $ 5,325.12 8/4/2013 $ 1, 754.00 $ 10,441.47 7/26/2013 $ 928.93 $ 5,719.87 8/4/2013 $ 3,633.29 $ 20,750.94 8/4/2013 $ 14.55 $ 270.85 77 /2013
Signed
(Aant)
Signed
(JudgClerk, Commissner
Superr Cou, Na Pub
Reviewed
(Judge/Judge Tal Referee)
Date
Print Form Reset Form

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