Asian Americans Advancing Justice - LA

Building upon the legacy of the Asian Pacific American Legal Center

Trafficked Filipino Workers Awarded Over $15 Million and Chance at a New Life in the U.S.

Monday, May 23rd 2016

Fourteen months after they bravely filed suit against their traffickers, 11 workers from the Philippines finally won vindication. On May 2nd, Judge Fernando M. Olguin of the U.S. District Court for the Central District of California granted the workers a default judgment of $15.2 million in damages and fees. The workers were trafficked to the United States to serve as domestic servants and back-of-the-house employees at two high-end bakeries owned by defendants Analiza and Goncalo Moitinho de Almeida.

“It is always an inspiration whenever individuals like the L’Amande workers gather the courage to stand up for their rights,” said Christopher Lapinig, a Skadden Fellow and attorney at Advancing Justice-LA. “Unfortunately, time and time again, we see exploitative employers—often with the help of friends and family—resort to fraud and other unlawful activity to escape accountability for their labor abuses. With this judgment, we hope to make clear to such employers that they can no longer act with impunity.”

The defendants subjected the workers to abusive conditions, including workdays as long as 17 hours and wages as low as three dollars an hour. They verbally abused the workers, referred to them as “dogs,” and imposed $11,000 in debt bondage on each worker. The defendants also threatened to cancel the workers’ visas and harm them and their families in the Philippines.

 

John Trang, a staff attorney at Advancing Justice-LA, speaks at the press conference announcing the case in March 2015. He is joined by the workers and other members of Advancing Justice-LA’s Impact Litigation team.

On March 18, 2015, with the help of Advancing Justice-LA and the law firm Latham & Watkins LLP, the workers sued the defendants for human trafficking, RICO violations, and violations of federal and state labor, retaliation, and whistleblower laws.

“Because of this judgment, all the heartache and suffering we had to endure because of Ana’s greed has not been for nothing,” said Gina Pablo, one of the workers.

Shortly after the lawsuit was filed, the Almeidas rapidly began liquidating their assets, including fraudulently encumbering and selling their million-dollar residence in Rolling Hills Estates, California, to keep the property and the proceeds from its sale out of the workers’ hands. The workers amended the complaint to add fraudulent transfer claims. By August 2015, the defendants had fled overseas and instructed their lawyers to “take no further action in defending the lawsuit.”

Judge Olguin granted all 12 claims for which the workers sought judgment and awarded the full amount of damages the workers requested. Judge Olguin also voided the defendants’ fraudulent transfers and took steps to prevent them for further moving their assets. Advancing Justice-LA and Latham & Watkins are now pursuing steps to enforce the judgment.

"We are thrilled that the court has awarded the entirety of the requested relief, especially after the defendants did everything in their power, including breaking the law, to avoid accountability to our clients,” said Sid Nadkarni, associate at Latham & Watkins.

Advancing Justice-LA has also secured special immigration status for the workers as victims of human trafficking, which also provides work authorization so the workers can begin rebuilding their lives and reunite with their families.

“I’m so relieved about the judgment. All the stress that we went through is over. All the fears that the Almeidas imposed on us are gone. We can now focus on our new jobs and look forward to reuniting with our family soon,” said Armelinda de la Cerna, another worker.

UPDATE: As of June 2016, all of the workers have been granted T visas. Read more here. 

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