Bakery Owner Pleads Guilty

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by Melissa Bailey | Jan 27, 2011 5:35 pm

(7) Comments | Commenting has been closed | E-mail the Author

Posted to: Legal Writes, Fair Haven

Melissa Bailey File Photo Thirty months after federal authorities rescued undocumented Ecuadorians who were allegedly working in slave-like conditions at a well-known Italian bakery, the storeowner entered a guilty plea in federal court.

Antonio “Tony” DiBenedetto, 64, of North Branford, waived his right to indictment and pleaded guilty Wednesday to one count of unlawful employment of aliens. He entered the plea before Judge Mark R. Kravitz in U.S. District Court in New Haven, according to U.S. Attorney spokesman Tom Carson.

DiBenedetto owns Rocco’s Bakery, which has a storefront in New Haven and a warehouse in Meriden. From 2000 through May 2008, DiBenedetto employed at least 10 people at his bakeries “knowing that they were in the country unlawfully and were not authorized to work,” Carson wrote.

DiBenedetto faces up to five years in prison and a fine of up to $250,000 at his sentencing, which is set for April 14. Judge Kravitz may also order him to forfeit a monetary judgment, Carson wrote in a statement. The case was investigated by the U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Labor, and the Office of Inspector General. Assistant United States Attorney Douglas P. Morabito is the prosecutor.

The guilty plea caps a two-and-a-half-year-long investigation into DiBenedetto’s treatment of his employees at the well-known mom-and-pop Italian pastry shop at 432 Ferry St., in what used to be the heart of the city’s Italian community, now populated heavily with Latinos.

In June 2008, ICE authorities swept into an apartment near the bakery and rescued six Ecuadorians who had been working for Rocco’s. Instead of deporting them, ICE helped them find a safe place to stay.

With the help of New Haven legal aid lawyers, the family filed a civil lawsuit in federal court seeking at least $38,000 in back wages and a restraining order against Tony DiBenedetto, his wife Anna, and their sons Ferdinando and Giovanni.

The workers claim the owners failed to pay them for forced overtime, kept them trapped in apartments above the bakery, regularly threatened them, and sexually harassed the women.

The suit is still pending; it was put on hold while the government pursued criminal charges against Tony DiBenedetto.

Attorney Sheila Hayre of New Haven Legal Aid said she will ask the judge to levy a monetary judgment against DiBenedetto in order to make her clients whole for lost wages and other damages.

“This is about is bringing Mr. DiBenedetto to justice for building a business that essentially depended on the profits that are obtained from exploiting undocumented workers,” added Peter Goselin, a Hartford-based attorney who has been helping legal aid with the case on a pro bono basis. Attorneys Shelley White and Jennifer Mellon also worked on the case.

Unlike in state court, defendants in federal court can’t make a plea deal with a guaranteed outcome regarding jail time. Prison time is up to the judge. But DiBenedetto’s lawyer, Hugh Keefe, said as part of the plea, the prosecution and defense agreed to ask the judge for “a period of probation” instead of prison.

Keefe said this dispute pits one immigrant family against another. Tony and Anna DiBenedetto are immigrants from Italy; their sons were born in the States. He denied the allegations of abuse and said he has “numerous” photographs of the two families celebrating together, including attending each other’s weddings.

DiBenedetto “is the absolute proof of the old adage that no good deed goes unpunished,” Keefe argued. “He went out of his way to help people and he has been sued civilly and charged criminally by the federal government.”

“Hopefully when it’s all over, Antonio will go back to his livelihood, which is making the best pastry in town and selling it,” Keefe said.

Keefe has accused the plaintiffs of being driven by profit.

The plaintiffs, who went into hiding after the ICE raid, remain in the New Haven, according to Hayre. Most of them have been granted temporary legal status “based on the fact that they are victims and have been cooperating with the prosecution in this case.”

“They have been pretty central to the prosecution in this case,” Hayre said. They got up the courage to testify before a grand jury about alleged abuse and mistreatment, she said.

“We see our clients as whistleblowers who uncovered this exploitation that was going on there,” Hayre said.

According to federal law, the civil case was stayed while the criminal probe continued. Some damages sought in the civil case could be achieved through a monetary judgment in the criminal case, so the future of that case will depend on the sentencing, Goselin said.

Meanwhile, the six plaintiffs are “trying to put this nightmare behind them,” Hayre said. “They are clearly still haunted by this. But many of them have gone on to get other jobs, and gone a long way to the road to recovery.”

Comments

posted by: Gary Doyens on January 28, 2011 9:14am

Two and half years of investigation with all the weight of the federal government brought to bear because Legal Aide and this family alleged human trafficking, slavery, loss of freedom, sexual and other heinous abuses and assaults - it comes down to this: Baker DiBenetto knowingly gave this family jobs when they had no legal status in this country. He is likely to get probation and pay a fine.

That is a whimper of a result to allegations that stunned most people and ignited the comments section of the NHI and other publications. It also jeopardizes and calls into question the validity of the civil action and motivations of those launching and perpetuating it. Is there any other evidence?

posted by: uncoverplus on January 28, 2011 11:27am

This is tantamount to throwing a party for a thief, who claims to have been treated poorly and manhandled by the police, after he held up a convenience store. These so called “victims” should be arrested for breaking our laws by illegally entering our country. Granted, the owner of the shop should be held accountable for hiring people, who are not legal, and who do not have the USA required documentation. However, if they did not cross the border illegally, there would be no possibility for them to work here. The argument that they come here because there are jobs available doesn’t fly. That would mean that thieves have a right to jewelry in a jewelry store because it’s there. Mr. DeBenedetto should be held accountable under the law and pay the fine for hiring illegals, and the “criminals” (that is what you are called when you break the law) should be deported immediately. Coddling people who break the law just encourages others to do the same. Just because they are border jumpers does not mean that they are stupid. These criminals are slick, and they are certainly not victims. It also drains the pockets of the taxpayers, who are paying for them to be “protected”. As far as the victims saying that they were abused, please. Then why didn’t they leave? Run out on Ferry Street and call for help. I’m sure that if they were resourceful enough to climb over the border fence, they would have been resourceful enough to find another sanctuary, in this illegal policy based city. Also, a worker doesn’t get back pay for doing a job he wasn’t supposed to be doing in the first place. Where’s the contractual agreement that Mr. DiBenedetto was supposed to pay them anything? I think that they should be paying him instead. Hugh Keefe should insist. Mr. DiBenedetto is the US citizen.

This is disgusting. ICE should do their job. Arrest them and deport them. This sanctuary city thing is just absurd and ICE is worse.

posted by: Threefifths on January 28, 2011 9:42pm

They Should have did this.

Angry employees at Central Park’s Boathouse Restaurant secretly taping their bosses
Juan Gonzalez - News

Friday, January 28th 2011

http://www.nydailynews.com/ny_local/2011/01/28/2011-01-28_restaurant_staffs_tale_of_the_tape.html

posted by: FairHavenRes on January 30, 2011 2:49pm

I am hope this guys gets prison time. As I read what he plead guilty to, I know understand that he could have found himself convicted of much serious charges.

Of all people, a former immigrant himself, he preys on the immigrant community, imposing slave like work conditions on them.

It is a bit disgusting to me that some would characterized the crimes of DiBenedetto as somewhat benign because the victims were illegal immigrants. Come on people.

posted by: Lombard Louie on January 31, 2011 11:52am

First of all, this is not slavery. Second of all, they have the best little italian pasteries ever.

posted by: Patsy on January 31, 2011 5:38pm

I love Rocco’s. I was there just yesterday and will continue to go there at least once a week. Lombard Louie is right, they have the best pasteries ever!

posted by: Cristina on February 14, 2011 8:13pm

First of this bakery is the best pasticceria ever and always delicious. Secondly, illegal [immigrants] who get into this country should not have sanction or special treatment just because they didn’t like their job. Nobody is forced to stay at their job get real!

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