Man held for illegally recruiting Filipinos

Manila The Philippine government is waiting for the conviction of an American national who illegally recruited 18 Filipino workers to the US in 2009, following his detention last year, Vice President Jejomar Binay said.

“US recruiter — Mike Lombardi – had recently pleaded guilty to charges of visa fraud and is now in detention. He will be sentenced on August 6, 2012,” said Binay during a meeting with members of Filipino community in Washington D.C.

Lombardi, head of US Opportunities based in Florida, recruited 18 Filipino workers who had to pay P 250,000 to P 350,000 (Dh20,833.33 to Dh 29,166.66) each for a working (H2B) visa to the United States in 2009.

They were diverted to Mississippi and Louisiana where they endured inhuman conditions such as sleeping in trailers without water and electricity; raking and bailing pine leaves in winter; and being forced to plant 1,800 pine tree seedlings a day.

They were paid sub-human rate such as $40.00 (Dh166) a week, instead of the United States Department of Labour’s federal minimum wage (for non-exempt workers) of $7.25 (Dh30.20 ) per hour, equivalent to P 2,900 or Dh241.66 a day of eight-hour work, or P 17,400 (or Dh1,450) a week for six-days of work.

The workers were identified as Rodolfo Andrade, Ferdinand Antigo, Dennis Belda, Peter Cabusao, Jhoanne Davocol, Eduardo Deytiquez, Lheniehl Florida, Jimmy Hinayo, Theodore Jastillana III, Orlando Lavarnez, Enrico Edmundo Lising, Michael Angelo Maghirang, Jason Magundayao, Wilfredo Mislang, Imie Ramos, Henry Sejera, Regie Tesoro, and Roberto Verzo Jr.

They sought the help of Philippine-based recruiter, Elizabeth Malabanan of ZDrive (in Laguna, southern Luzon, who procssd their papers, but she advised them to work instead in hotels. Because the workers’ working visas were not valid, they accepted work and low wages.

In 2009, the workers paid said their Manila-recruiter, ZDrive promised them high-paying jobs at the beverage section of high-end hotels.

With ZDrive’s urging, the workers borrowed money from ZDrive’s partners, AsiaLink Finance Corp. and PJH Lending Corp. and offered real estate properties as collaterals.

In time, the workers could not give fund to the checks that they issued to the lending companies.

The passports of the workers were delivered to ZDrive through Julius Bana and a certain Robert Refugio. Bana was the Philippine representative of US Opportunities, who processed the employment papers of the 18 Filipino workers, claimed ZDrive owner Elizabeth Malabanan.

This was her argument when the Philippine Overseas Employment Administration (POEA) filed administrative case against her and cancelled her license to recruit overseas Filipino workers (OFWs).

In a defensive move, she also filed a case against Bana at Makati City’s prosecutor’s office in 2010. She added that she never had a chance to contact Lombardi of US Opportunities.

In 2010, the stranded Filipino workers in the US filed complaints against ZDrive and US Opportunities before the US Department of Homeland Security. (US-based) Immigrations lawyer Ellaine Carr and the Philippine Overseas Labor Office (POLO) in Washington D.C. assisted the workers.

Earlier reports said that 24 (not 18) Filipino workers were given witness protection when they filed the case.

Because this story was much publicised, other Filipinos were also emboldened to come out in the open and claimed they were jointly illegally trafficked by Philippine and US-based recruiters.

The POEA has resolved some of the cases while others are still pending, boasted Binay in Washington D.C.

“In April, our office (of the vice president) together with the POEA closed down the (Manila-based) Northwest Placement Inc, an intermediary for Best Western Golden Prairies Inn in Montana, due to collection of excessive placement fees,” Binay said.

“This is a proof that our administration is serious in its campaign against illegal recruiters (in Manila and the US). That’s why we want you to ask your help to report to us your problems and any violation of your rights,” said Binay, adding that Philippine government has been campaigning against illegal recruitment and human trafficking with the help of OFWs.

The US removed the Philippines from its Tier 2 Watch List in 2011. At the time, US Secretary of State Hillary Clinton said the Philippines “still does not fully comply with minimum standards to eliminate trafficking, (but) Manila is making significant efforts to do so”.

In 2011, a labour trafficker who illegally sold two Filipinas into domestic servitude in Malaysia was sentenced to 28 years’ imprisonment, and fined over $28,000. Twenty-four others (in a total of 18 other cases) were convicted and sentenced from six years’ to life imprisonment.

Two forced labour traffickers and seven other traffickers were convicted in 2010.

In 2010, the Philippines was one of the 58 countries in US’ “Tier 2 Watch List” or countries that are making significant efforts to comply with the minimum standards of the Trafficking Victims Protection Act’s (TVPA).