Co-Owners of Hemet Market Accused of Blocking Federal Overtime Investigation

Two brothers who owned and managed a Hemet market were facing federal charges Wednesday that they obstructed an investigation that eventually showed they withheld back pay for overtime work from more than a dozen employees.

Jafar Rahman, 44, of San Jacinto, the general manager of El Toro Market, was arrested at the store Tuesday. His brother, 50-year-old Jalal Rahman of Vista, remains at large.

Jafar Rahman was scheduled to be arraigned Tuesday afternoon in U.S. District Court in Riverside, according to the Department of Justice.

The indictment returned June 12 by a federal grand jury charges Rahman with lying to U.S. Labor Department investigators and trying to block the agency's investigation.

Rahman owed 13 current or former employees $47,155 in overtime pay, according to federal investigators.

The indictment also alleges that Jafar Rahman tried to "coerce El Toro employees to lie about receiving their back pay," according a Department of Justice statement.

The indictment charges both Rahmans with one count of conspiracy, eight counts of making false statements and eight counts of obstruction of proceedings. Each charge carries a maximum of five years in federal prison. Jafar Rahman is also charged with four counts of obstruction of, each of which carries a maximum of 20 years in prison.

"The Rahman brothers not only tried to take advantage of their workers by not paying them money they earned, they also lied to federal investigators in an attempt to cover up their illegal actions," said U.S. Attorney Andre Birotte Jr.

In March 2008, an investigation by the Department of Labor's Wage and Hour Division found that the Rahmans' company violated federal laws related to overtime. The Labor Department instructed the market to pay back wages to its employees, "but continued investigation showed that the Rahmans lied to their employees about the orders from the Labor Department," according to the Department of Justice.

In fall 2008, the Rahmans had employees sign paperwork indicating they received their back pay, which they never had. The brothers also had the employees sign checks for the amounts they were owed, but then they allegedly withheld the checks. Jafar Rahman sent documents to the Labor Department that included false statements that the employees received their overtime pay, according to the Department of Justice.

As a grand jury sent subpoenas to El Toro employees, Jafar Rahman "paid off or attempted to pay off three current or former employees to try to get them to lie to the grand jury" and "threatened a fourth employee with loss of his job if he insisted that he had never received his back wages," according to the Department of Justice's statement.