WEST BOUNTIFUL, Utah — Three executive officers of a West Bountiful company have been arrested on multiple human trafficking charges possibly involving hundreds of employees following a six-month investigation.
Rubicon President Tyler Brinkman, along with Chief Financial Officer Clayton Phillips and Human Resources executive Adam Perea were charged Monday with seven counts of Aggravated Human Trafficking and one count of Pattern of Unlawful Activity following their alleged actions with employees brought into the country from Mexico.
The charges allege the landscaping and snow removal company forced employees to live in less-than-desirable company-owned housing while forcing them to pay rent that would be deducted from their pay. Rubicon also failed to pay the employees, while also forcing them to purchase company phones in order to use a company app.
"These businesses had applied for approximately 150 H-2B visas, work visas, and were bringing migrant workers in from Mexico. That number alone drew some attention," said Leo Lucey, Chief of Investigations with the Utah Attorney General's Office. "We had several of the individuals that had been brought into the country to work come forward with complaints of exploitation."
Employees and witnesses told authorities that any complaints or failure to comply with the company rules would lead to less pay and threats of deportation.
Seven adult victims are listed in the charges, all telling similar stories of what occurred after they moved from Mexico to Utah in order to work at Rubicon. While only a small handful of victims provided statements to law enforcement, authorities believe up to 150 company employees have been treated similarly.
Beginning earlier in 2023, employees said they were promised 40 hours of work at $20 per hour, but seldom achieved that goal, with one saying his pay was deducted for "using foul language," according to the charges.
An employee said he was paid just $1,400 for four months of work and was relying on churches and food banks to get food and other necessities. Another employee said a group of 7 individuals were provided with rice, beans, chickens, tortillas and soup, and they had to pool money together to buy groceries.
Many of the employees say the American Fork and West Valley City homes they were forced to live in by Rubicon had no furniture, pots, pans or basic housewares, with as many as 3 people sleeping on the floor in one room. The victims were allegedly charged up to $350 a month to live in the homes, which was deducted from their pay. Rubicon executives allegedly told the employees they could only opt out of the rent deduction policy after 12 months.
Perea and Phillips allegedly came to the homes to collect overdue rent.
Elsewhere in the charges, employees said they were not allowed to miss work due to medical reasons, but were not provided with medical care. The company executives would allegedly threaten the employees with deportation if they tried to call out of work or attempt to receive medical attention.
Some employees said they were not trained on how to drive the snowplows they were expected to use and some didn't know how to drive at all. One Rubicon employee said he was told by executives that he didn't need a U.S. driver's license to use the company vehicles for work.
In one instance, an employee said he was forced to work 24 hours straight with only one 1-hour break. Using the company payment app, employees were able to show employees the worked hours they had logged.
When an employee noticed his pay had been deducted for a crash, the employee confronted Perea and Phillips, telling the men there had been no accident. The executives laughed at the employee before placing him in what he said was a room similar to an interrogation room where the officials blocked the exit and told him "they didn't need people like him who complained, and he would be sent back to Mexico."
The man's employment was terminated following the incident.
Employees were also told they would be deported if they attempted to find employment anywhere else.
Witnesses told authorities that Rubicon employees were forced to shove l snow in tennis shoes, while having no knowledge of U.S. traffic laws or how to operate large vehicles. Other witnesses said employees were forced to work on just 1-3 hours of sleep.
One witness said Berea told them, "you'd be shocked how many illegal things I've done for Rubicon in just the past few weeks."
Attorneys Skye Lazaro and Jamie Thomas, who are representing the company on behalf of the Ray Quinney & Nebeker law firm, sent FOX 13 News a statement Monday evening:
"We learned today that Rubicon is being investigated by the Attorney General’s Office about its labor practices. Rubicon denies any wrongdoing and has complied in good faith with all applicable laws. Rubicon is cooperating with the investigation and believes it will ultimately be vindicated."
On Wednesday, AG Sean Reyes announced that his office expects more arrests in this case.
“The treatment of these workers is appalling," Reyes said in a statement. “We intend to prove the victims are innocent people who came to America using a legal immigration process to work hard, earn a living and contribute to society. But, instead, we believe they were exploited in subhuman living and working conditions as indentured servants in a labor trafficking scheme.”
