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Last 2 defendants in Tucson Panda Express hiring case sentenced

By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 11.17.2008
The last two defendants in a criminal impersonation case involving Panda Express were sentenced Monday to the time they’ve already served.
Dario Cruz-Diaz and Roselia Araceli Torres-Ruiz were among 11 Panda Express employees indicted on a single count of aggravated taking the identity of another, but later pleaded guilty to the less serious crime of criminal impersonation.
The Arizona Department of Public Safety received a tip in December 2007 that Marlen Yobana Moreno-Peralta, 24, had gotten a job at the Panda Express, 2485 N. Swan Road, Suite 101, using a fictitious Social Security card, according to court documents.
Authorities obtained a list of all of the employees working at the restaurant, along with their Social Security numbers.
An investigation revealed 11 of the employees were using Social Security numbers that didn't appear to be associated with their name, and they were arrested March 18.
On Monday, Pima County Superior Court Judge Frank Dawley sentenced Cruz-Diaz and Torres-Ruiz to the same sentence their co-defendants received, said Assistant Arizona Attorney General Douglas Clark.
The judge sentenced them to the 112 days they already served in jail and designated the crime a misdemeanor. He could have placed the defendants on probation or sentenced them to up to two years in prison. He also could have designated the crime a felony.
All of the defendants' attorneys have told Dawley their clients never intended to hurt anyone, and they just wanted to work so they could provide for their families. Most, they said, didn't know they were committing a crime and none of them have a criminal history.
Some of the defendants are seeking residency status, while others have been deported.
Assistant Arizona Attorney General John Evans has said the plea agreements saved the state the expense of going to trial and allowed the defendants to begin their fight in immigration court.
Contact reporter Kim Smith at 573-4241 or at kimsmith@azstarnet.com.