Say Supreme Court ruing should invalidate charges against him.
Rubashkin seeks dismissal of ID theft charges
By MICHAEL J. CRUMB • AP
The former vice president of the Agriprocessors Inc. kosher meatpacking plant in Postville is seeking the dismissal of identity theft charges against him following a U.S. Supreme Court ruling earlier this week.
Attorneys for Sholom Rubashkin filed the motion Thursday to dismiss six counts of aiding and abetting aggravated identity theft.
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.
Agriprocessors also operated a plant near Gordon, Neb., that was not involved in the allegations.
The U.S. Supreme Court on Monday ruled that undocumented workers who use phony identification can't be considered identity thieves unless they knew they were using ID numbers from real people. The court's decision limits federal authorities' use of a 2004 law designed to get tough on identity thieves.
Following the ruling, a U.S. District Judge granted a motion to dismiss similar charges against a former Agriprocessors human resource employee.