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Senior Wal-Mart executives knew cleaning contractors were hiring illegal
immigrants, many who were housed in crowded conditions, and sometimes slept
in the backs of stores, according to a federal agency's affidavit.
The affidavit, unsealed last week, was part of an investigation of Wal-Mart
by federal immigration officials that led to the 2003 raid on 60 Wal-Mart stores
in 21 states, and the arrests of 245 illegal workers. The retailer agreed to
pay $11 million in March to settle the case, but says top executives neither
encouraged nor knew of the practice.
The affidavit was filed by the Immigration and Naturalization Service to secure
search warrants for a 2003 raid on Wal-Mart Stores Inc. headquarters in Bentonville,
Ark. The INS has since been folded into the bureau of Immigration and Customs
Enforcement.
The document was unsealed Nov. 2 by a U.S. district judge in Fayetteville,
Ark. at the request of a New York attorney representing more than 200 former
employees in a civil lawsuit against the world's largest retailer.
In the affidavit, investigators said testimony and taped conversations from
2003 showed two executives at Wal-Mart headquarters knew that contractors and
subcontractors cleaning its stores in several states employed illegal immigrants
from eastern Europe and elsewhere.
The lawyer who asked that the affidavit be unsealed said it shows Wal-Mart
knew it had illegal janitors in its stores.
"The sworn testimony (in the affidavit) establishes that top Wal-Mart
executives conspired with contractors to exploit undocumented immigrants,"
said James L. Linsey, a New York attorney leading a class-action lawsuit
on behalf of former janitors.
Wal-Mart denied there was any incriminating evidence in the affidavit and said
the comments by executives that it contained were "bits and pieces of information
from larger conversations."
"As we have maintained all along, no company senior official had any direct
knowledge that undocumented workers were working in our stores," Wal-Mart
spokesman Marty Heires said in an e-mail to The Associated Press.
According to the affidavit, one cleaning contractor, Christopher Walters, told
INS investigators that his company, IMC Associates of St. Louis, had been dropped
by Wal-Mart in 1997 after INS raids in the St. Louis area found illegal workers
cleaning the retailers' stores.
Walters told the INS that a Wal-Mart vice president, Leroy Schuetz, advised
him to set up multiple subsidiaries so that if one of them were found using
illegal workers, he could continue to do business with the retailer through
the others.
The affidavit said another conversation took place in April 2003 at Wal-Mart
headquarters between Steve Bertschy, a Wal-Mart vice president who managed maintenance
of all Wal-Mart stores, and two contractors accompanied by an undercover INS
investigator.
After one of the contractors repeatedly mentioned that many cleaning subcontractors
were known to be using illegal immigrants at Wal-Mart stores, the affidavit
said Bertschy commented: "And they load them up into one or two apartments
and they take a family of five and pay them $1,000 a week, that's probably a
dollar an hour if they're there seven days a week and they're not paying taxes
because they're not getting paid a fair rate compared to U.S. standards, then
they start stealing from the store to make up the difference."
Federal raids later found immigrants crowded into small apartments
or trailers in sleeping bags and, in some cases, sleeping in the backs of Wal-Mart
stores, carrying their personal belongings from job site to job site.