Novi Restaurant Owner Roger Tam Pleads Guilty to Worker Harboring

Novi restaurant owner Roger Tam, 56, and his wife Ada Lei, 49, pleaded guilty today to conspiracy and harboring undocumented workers for commercial advantage and private financial gain, following a deadly 2016 house fire that killed five Mexican nationals found living in their basement.

The guilty pleas, entered before U.S. District Judge Marianne O. Battani in Detroit, stem from a joint investigation by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) and the Novi Police Department after federal and state search warrants were executed at the Tams’ Novi residence following the fatal fire on January 31, 2016.

According to court records, the five victims were hired to work at Kim’s Garden, the couple’s Novi restaurant, and were paid in cash. As part of their employment, they were housed in the basement of the Tams’ home and transported to and from work—a setup prosecutors say amounted to exploitation for financial gain.

“Today the principal defendants were convicted for using illegal labor to operate restaurants in metro Detroit,” said Steve Francis, acting special agent in charge of HSI Detroit. “These guilty pleas should stand as a warning to employers who knowingly hire and employ illegal aliens that they will be held accountable for their actions.”

U.S. Attorney Barbara L. McQuade confirmed the charges but signaled a coming battle over sentencing: “These defendants are accepting responsibility for harboring undocumented workers and conspiracy, but we disagree about the appropriate sentencing guidelines that apply. At the sentencing hearing, the United States will seek a sentencing enhancement for creating a substantial risk of death or serious bodily injury to reflect the seriousness of the offense.”

Roger Tam and Ada Lei each face up to 10 years in prison and a $250,000 fine. Sentencing is scheduled for June 13, 2017. The case was investigated by the Novi Police Department and HSI, with assistance from ICE’s Enforcement and Removal Operations, U.S. Customs and Border Protection’s Border Patrol, and the Oakland County Sheriff’s Office.