FARGO (KFGO) – A co-owner of a Fargo restaurant has agreed to plead guilty to a federal charge of harboring illegal aliens.

According to newly-filed court documents, Jose Ramon Gutierrez shielded two workers from detection by hiring them as cooks at Mango’s Mexican & American Grill. Federal prosecutors say the workers were not eligible to be legally employed in the United States.

The plea agreement says Gutierrez paid the workers in cash and kept them off the restaurant’s payroll to avoid paying employment taxes and overtime. “This off-the-books employment arrangement afforded the defendant a commercial advantage and resulted in his private financial gain.”

The maximum sentence for harboring illegal aliens is 10 years in prison and a $250,000 fine, but under terms of the agreement, prosecutors and defense attorneys will recommend that Gutierrez serve two years’ probation and pay a $15,000 fine.

The plea agreement must still be approved by a federal judge.