Guilty plea in family smuggling case

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FARGO - A British businessman must pay a $5,000 fine and forfeit a motor home after admitting he tried to smuggle family members into North Dakota at the Canadian border.

David Hartley, 47, a native of Liverpool, pleaded guilty Wednesday to a misdemeanor charge of improper entry by aliens. His case will be transferred to U.S. Immigration and Customs Enforcement, which will decide whether Hartley is deported.

In federal court Wednesday, Hartley was fined $5,000 and was ordered to forfeit the motor home he tried to drive into North Dakota.

Hartley was arrested in June at the Westhope port of entry north of Minot. Authorities said his wife and two of his daughters were hiding under a slide-out bed, and another daughter was discovered hiding in a sleeper sofa.

A Web site for Wilcox Homes of Ocala, Fla., lists Hartley as president and CEO of the company. A 2005 personal financial statement entered at an earlier hearing showed that Hartley had assets of $16 million and a net worth of $15.5 million.

Hartley told U.S. Magistrate Judge Karen Klein on Wednesday that he was surprised about the difficulty in trying to move his family to the United States but said, "I've got no hostility against the system."

Authorities say in court documents that Hartley has "multiple convictions" in Britain for theft and at least one drug conviction.

He originally was charged in federal court with four felony counts of transporting and harboring illegal aliens. His wife and his 21-year-old daughter did not have visas, the federal complaint said.

"His community (in Florida) will take a big hit if he has to leave, and it shouldn't be that way," said William Kirschner, Hartley's attorney in Fargo. "I think that would be a tragedy for this country."

Kirschner said Hartley was bringing his family to the United States because he feared for his and their safety in Great Britain. Hartley has applied for asylum.

"I don't think the government understands the threat against the Hartley family," Kirschner said. "These people were really in fear for their lives."

Kirschner would not elaborate on the threats when asked about them after the court hearing. He said two Minneapolis lawyers will take over the case.

"He wants to stay here. That's all he wants to do," Kirschner said of his client.

Assistant U.S. Attorney Nick Chase said Hartley should not be portrayed as a victim. He said Hartley has lawyers in Florida, Fargo and Winnipeg, and has received assistance from the British consulate in Chicago.

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