BOISE — A federal grand jury in Boise has indicted Ernesto Garibay Garza, 61, of Texas, on charges of wire fraud, extortion and filing false tax returns, according to a press release from U.S. Attorney Josh Hurwit.

Garza was a farm foreman in Idaho between 2005 and 2019. During that time, he is accused of using H-2A agricultural guestworkers in a scheme to defraud the farm, according to the indictment. He is also accused of extorting the H-2A workers for cash payments.

The indictment also charges Garza with filing false tax returns.

Garza worked as a supervisor and foreman for F.D.C. in Glenns Ferry. F.D.C. is an agricultural services company that operates several farms in Idaho. The farm employs H-2A agricultural workers each year from March to November.

Capital Press was unable to reach F.D.C. for comment.

According to the indictment, beginning in approximately May 2005, Garza began reporting more hours on timesheets than were worked by the H-2A agricultural workers. Every two weeks, Garza then required the workers to pay him in cash for the hours they did not work.

Garza also directed and caused another individual to collect cash from the H-2A agricultural workers, according to the indictment. Garza allegedly told the workers that they would not be allowed to return to F.D.C. the following year if they refused to give him the cash.

Garza also obtained separate annual cash payments from H-2A agricultural workers as a condition of future employment, “with their consent induced by wrongful threat of economic harm against H-2A rules and regulations,” according to the indictment.

Garza is scheduled for trial on July 10 before Chief U.S. District Judge David C. Nye.

If convicted, he faces a maximum of 20 years in federal prison.

Hurwit credited the cooperative efforts of the Idaho State Police and the Internal Revenue Service-Criminal Investigation, which led to the charges.