Former Iowa Meatpacking Manager Seeks Dismissal

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.