Prosecutors to Drop Immigration Charges Against Rubashkin
By Trish Mehaffey
Sholom Rubashkin walks to the U.S. Courthouse in downtown Sioux Falls, S.D., Tuesday, Oct. 13, 2009. Rubashkin has been accused of hiring illegal immigrants, violating child labor laws and abusing workers at one of the nation's largest kosher slaughterhouses. (AP Photo/Lara Neel, Argus Leader)
CEDAR RAPIDS - The government filed a motion on Thursday to dismiss the 72 immigration charges levied against Agriprocessors and former manager Sholom Rubashkin.
The government asks for the dismissal based on the conviction in the fraud trial. The jury’s verdicts in the fraud trial were somewhat based, on the Rubashkin knowingly making false statements to the bank about harboring illegal workers at Agriprocessors, the motion contends.
The motion also cites a conviction on the 72 counts would be “eclipsed” by the sentencing guidelines for the fraud counts.
The motion to dismiss will have to ruled on by a judge before the charges can officially be dropped.
Rubashkin, 50, already faces hundreds of years in prison on the 86 counts of bank, wire and mail fraud, money laundering and non-payment of livestock.
The government also wants the charges against Agriprocessors dismissed because the company has gone through bankruptcy, which means no forfeiture for criminal restitution and Agriprocessors as a company ceases to exist.
The charges stems from the May 2008 immigration raid at the Postville kosher meatpacking plant.
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