Thread: IA: Farmer Hopes for Plea Deal in Federal Immigration Suit

Benton County farmer hopes for plea deal in federal immigration suit
By Lynda Waddington

01.07.11

A northeastern Iowa dairy farmer and beef producer charged by federal officials with harboring illegal immigrants for profit seems poised to strike a deal contingent on a guilty plea.

Kenneth C. Birker is listed as the president of Birker Inc. in state business filings, and is scheduled to appear Monday in federal court. According to a letter filed with the court by prosecutors, Birker is ready to enter a guilty plea to the charge that he engaged in a pattern or practice of continuing to employ undocumented aliens in violation of U.S. law.

The charge is a class B misdemeanor, punishable by up to six months in prison or a term of probation of not more than five years, a fine of $3,000 for each unauthorized worker, and a mandatory special assessment of $10. The government, according to the letter filed with the court, has agreed not to resist requests by Birker or his attorney, Alfred Willett, for a sentence of probation, and is not intent on seeking imprisonment in the case.

Prosecutors believe that Birker employed two workers in November 2001 without providing employee eligibility forms required by the government. Court documents name those two workers as Alejandra Sarabia-Lule and Jose Alfredo Tinajero-Uribe, a husband and wife from Mexico, and note that the couple and their family were believed to be housed in company-owned accommodations. Three years later, in May 2004, prosecutors allege that Birker hired Tinajero-Uribe’s sister, Carmen Gonzalez, and once again failed to file required government work-related documents.

Court documents indicate that the situation was unearthed when the company unsuccessfully attempted to obtain health insurance for the workers in 2003, and when the workers attempted to legalize their status in the U.S. during 2004. All three workers were taken into custody at the farm by federal agents in 2006. The case against Birker and the farm has been ongoing since that time.

During court hearings in 2007, Tinajero-Uribe and Sababia-Lule relinquished their attorney-client privilege and testified in material witness depositions that they contacted Miryam Antunez de Mayolo, a Cedar Falls immigration attorney, roughly two years before their arrest in order to take steps to legalize their status. They indicated they met with the attorney at her office, and 15 days later the two accompanied by Ken Birker and his sister, Bonnie Birker, met with the attorney at the farm.

While being deposed, Tinajero-Uribe testified that the attorney discussed “the form that she was going to send him so he can sign. Sarabia-Lule testified that the attorney and Birker discussed what would need to be done “so that can fix the paper legal in this country.â€

Vinton dairy operator pleads guilty to employing illegal aliens
By Vinton Today · 5:56pm January 10th, 2011

A man who employed illegal aliens at his Benton County dairy farm pleaded guilty Monday in federal court in Cedar Rapids.

Kenneth Birker, 62, of Benton County, Iowa, was convicted of one count of engaging in a pattern or practice of knowingly employing illegal aliens. He also entered a guilty plea on behalf of his business, Birker, Inc., to one count of harboring illegal aliens for commercial advantage or financial gain.

In a plea agreement, Birker admitted he knowingly employed three illegal aliens at his dairy farm. In November 2001, as the president of Birker, Inc., Birker hired a husband and wife who were illegal aliens. In May 2004, Birker hired a third illegal alien who was a family member of the others. During their employment, Birker learned the husband and wife had illegally entered the United States from Mexico and were undocumented. He also learned the three employees did not have drivers’ licences and they were rejected by Birker, Inc.’s health insurance provider because their identities could not be confirmed. In late 2004, Birker met with an immigration attorney hired by the husband and wife and agreed Birker, Inc. would assist the husband and wife in attempting to legalize their status.

Sentencings before United States District Court Chief Judge Linda R. Reade will be set after presentence reports are prepared. Kenneth Birker remains free on bond pending sentencing. Kenneth Birker faces a possible maximum sentence of 6 months’ imprisonment or 5 years’ probation, a $3,000 fine per alien, and a $10 special assessment. Birker, Inc, faces a possible maximum sentence of probation for 1 to 5 years, a fine of up to $500,000 or twice the gross gain resulting from the offense, and a special assessment of $400.

The case is being prosecuted by Assistant United States Attorney Peter Deegan and was investigated by Homeland Security Investigations, the Vinton Police Department, and the Benton County Sheriff’s Office.

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are CR 11-3 LRR and CR 11-4 LRR.

http://www.vintoniowa.org/articles/News ... 02545.html

Vinton dairy farmer fined $100,000 for employing illegal aliens
By Vinton Today · 11:07am April 22nd, 2011

A man who employed illegal aliens at his Benton County dairy farm was sentenced on April 21, 2011, to probation. His business was ordered to pay over $100,000.00 in financial penalties.

Kenneth Birker, age 62, of rural Vinton, received the sentence after a January 10, 2011, guilty plea to one count of engaging in a pattern or practice of knowingly employing illegal aliens. Also on January 10, 2011, Kenneth Birker entered a guilty plea on behalf of his business, Birker, Inc., to one count of harboring illegal aliens for commercial advantage or financial gain.

In a plea agreement, Birker admitted he knowingly employed three illegal aliens at his dairy farm. In November 2001, as the president of Birker, Inc., Birker hired a husband and wife who were illegal aliens. In May 2004, Birker hired a third illegal alien who was a family member of the others. During their employment, Birker learned the husband and wife had illegally entered the United States from Mexico and were undocumented. He also learned the three employees did not have drivers’ licences and they were rejected by Birker, Inc.’s health insurance provider because their identities could not be confirmed. In late 2004, Birker met with an immigration attorney hired by the husband and wife and agreed Birker, Inc. would assist the husband and wife in attempting to legalize their status.

Both Kenneth Birker and Birker, Inc. were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Kenneth Birker was sentenced to one year probation. Birker, Inc. was sentenced to 1 year probation and ordered to pay a fine of $32,000.00 and forfeit an additional $118,000.00.

The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by Homeland Security Investigations, the Vinton Police Department, and the Benton County Sheriff’s Office.

http://www.vintoniowa.org/articles/News ... 03326.html

I hope they dont plea deal down they use him as example and the others will get the message and stop working these illegals.