Strong message in Rubashkin case

Let me get this straight: Labor and immigration laws were routinely, you might say systematically, violated at the Agriprocessors meat packing plant in Postville before federal agents raided the place in 2008.

But it just happened. No one was in charge.

That's the message a Black Hawk County jury sent last week when it found former Agriprocessors Vice President Sholom Rubashkin not guilty of child labor violations.

The trial was our last chance to hear evidence about allegations that executives deliberately violated immigration and labor laws.

It wasn't this hard when the crime was about money - when Rubashkin and other Agriprocessors mucky-mucks cooked up sales figures and collateral numbers to fraudulently borrow money from banks.

Rubashkin was found guilty of 86 counts of financial fraud and will be sentenced this month. Former Agriprocessors CFO Yomtov “Toby” Benasson was sentenced to three years in federal prison and ordered to pay almost $27 million in restitution for his role in the financial fraud.

That's the same Benasson who recently testified that Agriprocessors had a policy against hiring underage workers. But it was the workers - those who testified they were legally too young for their jobs at Agriprocessors, exposed to dangerous chemicals, allowed to operate power machinery and work far longer days than are allowed by law - the jury apparently didn't believe.

In one way, it doesn't matter. Rubashkin is looking at a much longer federal sentence for the fraud charges - up to 25 years - than he would have for labor violations.

But in a more important way, it matters very much.

In January, former Agriprocessors human resources manager Elizabeth Billmeyer walked away with a light sentence for knowingly accepting forged resident immigrant cards because, the judge said, of the number of her accused co-conspirators - including Rubashkin.

Beef production manager Brent Beebe, who told the court Rubashkin gave him $4,500 to buy false documents for workers, got 10 months for his role in the conspiracy to commit document fraud. Other lower-level Agriprocessors employees got probation.

Rubashkin was supposed to tie everything together. No. Feds dropped immigration charges against him and child labor charges ended in acquittal. We might never hear the full story about what went on at Agriprocessors.

Immigration officials might have raided the plant at Postville to send a message about employing undocumented workers. Two years later, another message is coming through more clearly: No one cares.

Comments: (319) 339-3154; jennifer.hemmingsen@gazcomm.com