Farmer faces 20 years in prison for Idaho extortion, tax fraud

A Texas farmer who also worked as a supervisor and foreman at farms throughout Idaho has pleaded guilty to charging illegal fees to farmworkers employed through a federal guest-worker program.

Ernesto Garibay Garza, 62, of Alamo, Texas, pleaded guilty to extorting H-2A agricultural workers and for putting the extra fees he collected into his personal bank account, U.S. Attorney for Idaho Josh Hurwit said in a news release Monday.

Garza worked for F.D.C., an Idaho-based agricultural services company that operates farms throughout the state. He prepared and submitted employee payroll for the H-2A workers employed by F.D.C. According to the U.S. Attorney’s Office, from 2014 to 2019, Garza charged some H-2A workers a flat fee to work at F.D.C, when under the federal H-2A program, the fees range from $750 to $2,500.

The federal H-2A program allows qualified U.S. companies to employ guest workers from outside the U.S. to fill seasonal agricultural jobs that cannot otherwise be filled.

Garza charged the fees without F.D.C. knowledge or approval, according to the news release.

According to Garza’s indictment, he told the H-2A workers that if they did not pay the flat fees he was charging, they would not be allowed to return to work for F.D.C. the following year.

Idaho farmworker advocates previously told the Idaho Statesman that abuse and scare tactics are commonly used to manipulate foreign agricultural workers.

Between 2013 and 2019, Garza deposited nearly $500,000 in unreported income into his bank accounts, in part from the H-2A extortion and also as part of a separate scheme defrauding F.D.C., according to the release.

Garza did not disclose the additional income on his tax return for the years 2013 through 2019, prosecutors said.

Garza is scheduled to be sentenced on July 18 and faces a maximum of 20 years in prison.