Feds drop Sholom Rubashkin immigration charges
By WILLIAM PETROSKI and GRANT SCHULTE • bpetroski@dmreg.com • November 20, 2009

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Federal prosecutors on Thursday dropped all 72 immigration charges against Sholom Rubashkin, sparing the already-convicted former Postville meat plant manager a second criminal trial.

People on both sides of the immigration debate noted Rubashkin escaped judgment on some of the central allegations arising from the federal government's May 12, 2008, immigration raid at Agriprocessors Inc. But they disagreed over whether a second trial was necessary.


"It sounds a little bit ironic, given that the employees were prosecuted so quickly," said Lori Chesser, a Des Moines lawyer who specializes in immigration cases. "But I don't think it is any indication of the government letting up on prosecuting employers for immigration violations."

Craig Halverson of Griswold, national director of the Minuteman Patriots, a conservative activist group that opposes illegal immigration, said proceeding with a trial would have sent a message to businesses that they shouldn't violate immigration laws.

More than 300 people, mostly from Guatemala and Mexico, were arrested at Agriprocessors in the largest single site immigration enforcement operation in Iowa history.

Rubashkin could still spend the rest of his life in prison. He is awaiting sentencing, expected early next year, after being convicted last week by a federal jury on all but five of 91 business fraud charges listed in a 163-count indictment. The total maximum sentence for his convictions adds up to 1,255 years, although his actual sentence would likely be far less under federal guidelines.

Assistant U.S. Attorney Peter Deegan Jr. said in court papers filed Thursday that even if Rubashkin were convicted of the 72 counts of alleged immigration violations, it would have no impact on his eventual sentence because of last week's convictions.

Dismissing the remaining charges will avoid an extended and costly trial and lessen the inconvenience to possible witnesses, he said.

Deegan also said the jury's verdicts on several of the fraud and false statement counts were premised, at least in part, upon Rubashkin knowingly making false statements to a bank with regard to the harboring of undocumented workers at Agriprocessors Inc.

In the government's estimation, Rubashkin has been convicted of the most serious charges he faced in terms of potential penalties, he said.

Rubashkin lawyer Guy Cook said he viewed U.S. District Judge Linda Reade's decision to grant dismissal of the charges as a victory for his client.

"Frankly, the government should have done this a long time ago. In spite of the way the government characterizes things in its motion, we believe it overstates the verdict on the financial case in South Dakota.

Rubashkin has steadfastly denied the immigration charges. He has pled not guilty. In spite of the raid of May 12, he continues to assert he committed no crimes," Cook said.

Robert Teig, a spokesman for the U.S. attorney's office in Cedar Rapids, declined to comment.

Rubashkin is being held in the Linn County Correctional Center in Cedar Rapids. He is awaiting a ruling by Judge Reade on a request by his lawyers that he be released on bail while awaiting sentencing.

Cook said he plans to file a motion this week seeking a new trial, based on what the defense believes were legal errors in the prosecution and trial of the case. If the new trial motion is not granted, an appeal will be filed, he said.

One criminal trial related to the Agriprocessors raid is still pending. Brent Beebe, 52, the plant's former operations manager, is scheduled to face trial beginning Jan. 10 in U.S. District Court in Cedar Rapids. He is accused of federal immigration crimes following an investigation by U.S. Immigration and Customs Enforcement.

Immigration lawyer Chesser said Thursday she is looking forward to the end of the criminal proceedings in the Agriprocessors case.

"Postville taught us a lot of lessons about justice that we need to absorb as a society and move forward positively. No good came out of this except for that," she said.


http://www.desmoinesregister.com/articl ... 0374/1001/