Washington – In a unanimous decision issued today, the U.S. Supreme Court ruled that many of the convictions and sentences given to immigrant detainees from the Agriprocessors meatpacking plant in Postville were in error.
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According to the ruling, federal prosecutors have inappropriately used aggravated identity theft laws to prosecute undocumented workers. The decision directly impacts Iowa since of the 389 workers taken during a May 2008 raid at the Agriprocessors meatpacking plant in Postville, 302 were fast-tracked with criminal charges, most related to identity theft.
The ruling, written by Justice Stephen G. Breyer, mandates a prosecutor be able to show immigrant detainees knowingly used identification that actually belonged to another person. In the case of the Postville detainees, their knowledge regarding the origin of fraudulent employment documents was not a factor, the very fact that they were using fake documents led to their quick conviction on identity theft-related charges.
“As a matter of ordinary English grammar, it seems natural to read the statute’s word ‘knowingly’ as applying to all the subsequently listed elements of the crime,” wrote Breyer in the decision.
The case was brought to the Supreme Court by Ignacio Flores Figueroa, a Mexican citizen who gained employment at an Illinois steel plant while using false documents. Although he originally provided fake documents to his employer that contained completely falsified numbers, later documents he used contained numbers assigned to another individual.
He was eventually arrested and subsequently pleaded guilty to immigration-related offenses. He fought the identity theft charges, claiming that he did not ‘knowingly’ commit the crime. The initial conviction on those charges was upheld in the 8th Circuit Court of Appeals, but struck down today with high court’s ruling.
Many believe the government effectively coerced detainees from Postville into accepting plea deals on lesser charges by pressuring them with the more lengthy and harsh sentences that could be imposed under the aggravated identity theft charges. Although most of those sentenced in the aftermath of the Postville raid signed plea agreements and received five month prison sentences that have already ended, two individuals were sentenced to 12 months behind bars. It is unknown at this time how this ruling will impact those cases.
The court’s decision, however, should have no bearing on the numerous criminal and civil cases faced by employees and management at the Agriprocessors plant.
Let’s hope it should have a good impact on the other side of the case “that is was eror too” iy”h
The government should give a Bailout to Rubashkin for illegally forcing them out of business. They should get $250 million to get their operations going strong again.
Here is the key sentence:
“The court’s decision, however, should have no bearing on the numerous criminal and civil cases faced by employees and management at the Agriprocessors plant.”
Can this (finally) be the crack in the case against the Rubashkins? I, for one, certainly hope so.
Watch and see the ilegals will walk free while rubashkin will have no one come to his side. In this country if your name is ganzalas you have a free pass to do what you want
Now we will see, that all along it was the unions who were pushing for the prosecution. One day the whole world will see how corruption can lead to innocent people going to jail.
I see this as one major step towards proving the Rubashkin’s innocence. It should be so soon.
In the meantime, a man’s reputation has been destroyed, his business is ruined and who do we have to thank???
Interesting that this happened on Netzach sheb’Netzach. B’ezras Hashem we will go from strength to strength.
Duh, at the very least the owners are guilty of hiring illegals and trying to cover that fact up. Rabosai, get over it – he is no tzaddik. He may act like one but someone who takes advanatge of the disadvantage does not deserve praise.
If you don’t agree, I ask you why we don’t hear you praising Madoff and his chevrah for giving millions to tzdakkah?
First, the unions objected to the raid. The raids were organized by the Bush Justice department, which was never a great friend of unions. More importantly, this has nothing to do with the unions, one way or another.
Second, this has nothing at all to do with the case against Rubashkin. It has to do with the cases the government prosecutors brought against the illegal immigrants Rubashkin hired.
Third, it has nothing to do with whether or not they were legally able to work in the United States. All parties agree that they were not.
What happened was, rather than deporting the illegal workers, as had been previous practice, the administration decided to prosecute them for “aggravated identity theft”, a felony. This gave them a club (since the law calls for an automatic 2 year sentence) to force plea deals. The Supreme Court ruled unanimously that the law, which was drafted to cover cases where identities are stolen to (for example) loot bank accounts, does not apply to someone creating false documents for employment purposes, because they are not knowingly assuming a specific individuals identity.
As a general rule, it is safe to assume there is no controversy when you get 9-0 votes in the Supreme Court, especially one with as broad a set of views as the Roberts Court.
But since none of the Agriprocessor’s managers were charged with aggravated identity theft, this ruling does absolutely nothing one way or another for them.
the union prides itself for getting the raid done. please be informed and then disseminate your information.
but now Rubasshkin has other charges against him like miss use of goverment funds and bank fraud etc.
Correct, go on and trust the fairness of the Union and Law inforsmens
Ya faloz zich of zein yosher
#24
The entire Human Resource Department has pleaded guilty of harbouring undocumented workers and aiding and abetting in the procurement of false documents. As part of the plea made public, Shalom Rubashkin is alledged to have given authorization for funds to be given for the purchase of false documents.
With regard to the companies knowledge of undocumented workers in its employ, ICE sent Agri numerous letters listing employee names with non-matching social security numbers. This occured over a two ao three year period. Agri cannot say they were notr informed of probelms with the status of its employees. There was even a newspaper story about undocumented workers who walked off the job when they thought there was going to be a raid months before the actual raid. Agri took no steps to avert the raid and flaunted its violation.
It would make life easy to blame the union as some sort of boogyman who created all of Agri’s problems. But the problem was created by the Rubashkins and no one else. Ultimately, they engaged in bank fraud – and worse. Stop looking for someone else to blame.
The point is the tatics they used to explore the matzov was this
#36
Wrong.
1) The testimony given by witnesses is that they told SMR exactly what the money was for – to buy false documents, and that he agreed to pay.
2) ICE has an e-verification program (used by most folks in the meat packing business) to assure they are not hiring undocumented workers. Agri refused to use such a program. Acording to US law the employer has an obligation to verify the eligibility of the potential employee. If they do not have verifiable identification, they must be terminated. I suggest you talk to an HR professional. I have and they were shocked that this was allowed to talke place.
3) While you may choose not to follow what you consider is an unjust law, you must also be prepared to face the consequences. If you feel the war in Iraw is unjust and don’t pay that part of your taxes that goes for defense, be prepared to go to jail when the IRS comes knocking. And if you are Rubashkin and engage in bank fraud, violate child labor laws etc, be prepared to spend a lot of time in jail. Dina malchusa dina is not a theory. It is hard fact. You go to jail. You do not pass Go and you do not collect $200, and it is not a game.
#39 : SMR knew he had undocumented employees because he was told they were illegal by his own HR people. Rabbis in his employ told him they were illeal. Police officers in town, told him they were illegal. EVERYONE told him. You’d have to be deaf, dumb and blind not to know. If it walks like a duck, quacks like a duck and acts like a duck, it ain’t a turkey, and if you’re in the business of shechita, you’d think you’d know the difference. If you can’t tell the difference, what does it say about the kashrus.