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Prosecutors to Drop Immigration Charges Against Rubashkin

By Trish Mehaffey

By Becky Ogann

Story Created: Nov 19, 2009 at 12:17 PM CDT

Story Updated: Nov 19, 2009 at 3:12 PM CDT

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.

Next article Hearing Set for Charles City Teen Accused of Killing Cousin

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