Plant originally rejected undercover informant with fake papers
GRANT SCHULTE, gschulte@dmreg.com
Wednesday, November 4, 2009 6:40 pm



SIOUX FALLS, S.D. - A federal informant twice was rejected to work at an eastern Iowa meat plant because of fake work papers, a top agent from the case testified Wednesday.

The informant was hired - five months before a massive immigration raid at the plant - on the third try when he or she presented legitimate documents that were provided by federal investigators, the agent testified.

Michael D. Fischels, a Cedar Rapids-based federal special agent was called to testify by lawyers for Sholom Rubashkin, the plant's former vice president, who is on trial for 91 financial fraud charges including bank, mail and wire fraud, money laundering and ignoring an order to pay livestock providers in the time required by law.

Fischels, an agent with U.S. Immigration and Customs Enforcement, was a lead investigator in the case that led to a May 2008 immigration raid at Agriprocessors Inc. in Postville. He has sat near prosecutors throughout Rubashkin's trial.

Prosecutors noted on cross-examination that Elizabeth Billmeyer, the plant's human resources manager, had talked with investigators about illegal immigrants at the plant as early as October 2007. Investigators also relied on other workers, past and present, to document illegal hiring at the plant.

Lawyers have mentioned the alleged immigration violations at times because they relate to accusations that Rubashkin lied to the plant's lender. Rubashkin is scheduled to stand trial on 72 immigration-related charges in December.

Fischels told jurors that the informant, "S.A. 007," first applied to work at Agriprocessors on Nov. 8, 2007. The source - who, like many workers, was Hispanic - entered the plant wearing a hidden recorder and transmitter, Fischels said. Plant managers rejected the worker because his Social Security and resident alien cards were clearly fraudulent, he said.

The informant applied again on Dec. 11, 2007, and was once more rejected, Fischels testified.

Agents then furnished the informant with legitimate documents from a forensic laboratory in Washington, D.C., Fischels said. The informant was hired in January 2008, and provided authorities with information about happenings inside the plant, Fischels testified.

A federal affidavit made public the day of the raid identifies a similar informant, "Source #7," who sought employment at the plant on the same dates mentioned by Fischels.

"Source #7" reportedly told investigators that one of the plant supervisors, a Hasidic Jew, duct-taped the eyes of an employee believed to be Guatemalan. The floor supervisor then allegedly struck the worker with a meat hook. The accusation has never been confirmed.

"Source #7" reportedly fed information to authorities about illegal hiring practices at the plant while hanging cattle for $7.25 an hour, according to the sworn statement.


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