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Former Iowa Meatpacking Manager Seeks Dismissal

The Associated Press

DES MOINES, Iowa (AP) — The attorney for Sholom Rubashkin filed a motion on Tuesday seeking to dismiss 20 counts against the former manager of the Agriprocessors Inc. kosher meatpacking plant in Postville.

Rubashkin is named in a 79-count indictment, charging him with federal immigration, bank fraud and money laundering charges. He also named in 20 counts of willful violation of order of the secretary of agriculture. The charge can be filed if a meatpacker fails to pay for livestock on a timely basis, as required by law.

The charges are the result of an investigation that began in 2007 and has continued since the May 12, 2008, immigration raid at the Agriprocessors Inc. plant.

In addition to the federal charges against Rubashkin, Agriprocessors and top managers have been accused of violating state and federal laws dealing with child labor, wage requirements and safety rules. The company filed for bankruptcy protection and has been appointed a third-party overseer.

Rubashkin's attorney, Guy Cook, filed a motion on Tuesday to dismiss the 20 counts of willful violation of order of the secretary of agriculture, arguing that the federal statute is constitutionally defective and subjects Rubashkin to cruel and unusual punishment.

Cook argues that the government is wrongly charging Rubashkin with the crime when it was the company that was responsible for making the payments.

"The government's indictment seeks to hold Defendant Rubashkin, as an employee of Agriprocessors Inc., criminally responsible for payments, which were made in full, but allegedly later that the government contends such payments should have been," Cook said in a brief filed supporting the motion.

Cook argued that the statute allows for enforcement that "is arbitrary and discriminatory."

"Moreover, there appears to be no reported case where a corporation has been subjected to criminal prosecution under (the statute)," Cook said. "Nor does that appear to be any reported case where ... a criminal action has been instituted against an employee of a corporate meatpacker."

"It's another example of what Mr. Rubashkin feels is the government's overreaching in this case," Cook said.