Showing posts with label employment id theft. Show all posts
Showing posts with label employment id theft. Show all posts

22 February 2009

Cashing in on Obama

What bigger issue is there than immigration reform? It is on the minds of everyone, in constant debate in Congress and the subject of radio talk shows and newspaper editorials daily. Huh?

America is walking down a path to economic disaster, flushing billions of dollars down the drain in bailouts, and planning to spend dollars in amounts that most people only relate to in theory yet, in the minds of the leftie, Jewish mainstream organizations, immigration reform is THE key issue. During the past presidential election, the conservatives wanted to make immigration reform, a different immigration reform than that advocated below, an issue in the campaign however the presidential candidate was not on-board.

The leftist initiative seeks to re-design immigration enforcement policy to meet the standards of the false morality of leftism. At the heart of the effort is "to get Obama to issue an executive order or other directive to Immigration and Customs Enforcement curtailing the use of raids as a primary tool of immigration enforcement". ICE raids, far from being immoral have been highly effective in upholding the law of the land and represent an effort to at the very least establish a deterant factor against hiring illegal workers.

The first step to understanding this problem is to employ proper terminology. In the eyes of the lefties, illegal workers are "undocumented immigrants". (see Enforcement Gone Bad - NYT where the unnamed editorial decries the effort to catch "undocumented immigrants". The editorial claims that illegally entering the US and over-staying visas is not a criminal offense). Immigrants, by definition are legally in the US. Those who are not legally in the US are not "immigrants". People who have not legally entered the US or are working illegally in the US are not "immigrants" but fugitives. Given that many or most of those working illegally in the US are using phony or stolen identities of American citizens are (or should be) felons (see article at bottom).

Not only leftist non-orthodox believe that fugitives have rights. I have even heard from leftie orthodox such as Saul Berman, that fugitives should actually be considered "gerim toshvim" and should be treated with the same rights as a resident alien. As stated above, if you are working in the US illegally, (like those employees of Agriprocessors whom Berman was discussing) you are violating multiple US laws in the process. So much for Dina D'Malchusa Dina. If so, what is the value of coming to the US legally especially when you can always find a leftie orthodox Rabbi to grant you the status of ger toshav despite the fact that you may be an identity thief.

APRPEH has discussed employment/SSN identity theft before. The bottom line is that American citizens who become a victim of this sort of fraud have to deal with not only the IRS, but the SSA, as well. The consumer must pay the SSA for what is known as a detailed wage earning statement which reports which companies and businesses reported income associated with their SSN. Standard operating procedure of these federal agencies is to have the consumer contact these employers. All this means possibly weeks of contacting companies and businesses, sending documentation back and forth and months more working with the federal agencies to correct records. Often a cost of this process is a delay in income tax refunds and extended time needed for proper tax filing.

Contrast the views of the Jewish main stream leftie groups with the case headed to the US Supreme Court in the second article below. The fugitive named in this case had been using phony identification to work and then purchased the identity of an American citizen. He was turned in to authorities under suspicion by his employer when he changed his personal identifying information that was on file with his HR department. The case hinges on whether the fugitive should have been charged with a higher crime of identity theft which carries a two year incarceration sentence or lesser charges. The fugitive claims he didn't know that the ID belonged to someone.

The other side of the argument is claiming it does not matter what the fugitive knew. The truth of course is that the fugitive knew he was illegally residing in and illegally working in the US. Indeed he was charged correctly as were the Agriprocessor employees referred to in the article. America must uphold the right to work for American citizen laws that are on the books. No intervening false sense of morality that blames ICE raids, labels as immoral the ID theft laws used as leverage for convictions should be granted legitimacy. American citizens, taxpayers, have rights too, to not be victimized - which might come as a shock to those advocating making it easier for more fugitive entry and illegals to work in the US. A little sympathy to the victims of crime would be nice from the lefties. What did we used to call it? Soft on crime? What the lefties call immoral is called by right thinking people - effective law enforcement.



Jews stepping up efforts for immigration reform - JTA, Friday February 20, 2009
by Eric Fingerhut - JTA

Washington | It was the forgotten issue of the general election campaign, with the two U.S. presidential candidates barely mentioning it last fall. And with so much focus on the economy, it seems to have receded even more into the background.

But Jewish groups aren’t letting that stop them from making a big push for comprehensive immigration reform.

Several major Jewish organizations recently signed on to two new initiatives: a Jewish campaign aiming for “Progress by Pesach” on the immigration issue and the larger Interfaith Immigration Coalition working for the enactment of “humane and equitable” reform by the end of this year.

While Jewish groups are urging President Barack Obama and Congress to take action, they are focusing much of their attention on education and advocacy efforts in local communities, hoping to see pressure bubble up to Washington.

Melanie Nezer, senior director for U.S. programs and advocacy at the Hebrew Immigrant Aid Society, said the key to success in immigration reform is for local activists to let their representatives know how important it is — and that’s already starting.

“In the last year we’ve really started hearing from local communities that this is something that needed to be done,” Nezer said. “We really have the grass roots pushing a lot of this.”

In particular, she said, the impact of immigration raids on local communities — such as the one last year on the Agriprocessors kosher meat plant in Postville, Iowa, which resulted in hundreds of arrests — have demonstrated the “fallout” from problematic immigration policies “in a very direct way.”

Postville-like raids are a prime motivator of the Progress by Pesach initiative, in which groups including HIAS, the Jewish Council for Public Affairs, the Anti-Defamation League, the American Jewish Committee, the National Council of Jewish Women, the Reform and Reconstructionist movements and the Conservative movement’s Rabbinical Assembly have joined with a multitude of local organizations. Among their goals is to get Obama to issue an executive order or other directive to Immigration and Customs Enforcement curtailing the use of raids as a primary tool of immigration enforcement.

The organizations are aiming to collect 10,000 signatures by April 8, the first night of Passover, for a petition encouraging “humanitarian immigration reform” and decrying the “policy of relying on raids and enforcement tactics as the sole means of controlling immigration.” Visitors to the group’s Web site (www.hias.org/progress) also can send a letter to the president and members of Congress that contains similar language.

Coalition members argue that in addition to denying equal protection to those detained and splitting up families through jailing and deportations, the immigration raids also are expensive for the government and seriously impede businesses in a poor economy.

Many of the same national organizations, along with others, including United Jewish Communities and B’nai B’rith International, are part of the Interfaith Immigration Coalition.

The coalition’s platform in favor of “humane and equitable” immigration reform by the end of 2009 includes upholding family unity as a priority, creating a process for undocumented immigrants to earn legal status and eventual citizenship, restoring due process protections, reforming detention policies, and aligning the enforcement of immigration laws with humanitarian values.

“Throughout history, the Jewish community has been the quintessential immigrant community, often forced to flee from land to land to land,” said the director of the Religious Action Center of Reform Judaism, Rabbi David Saperstein. “Having struggled to adjust to societies that did not welcome our arrival, we understand many of the challenges faced by today’s immigrants.”

Supreme Court hears immigrant's ID theft case 2/22/2009, 8:19 a.m. EST By MARK SHERMAN
The Associated Press
WASHINGTON (AP) — Ignacio Carlos Flores-Figueroa, an undocumented worker from Mexico, made a curious and undeniably bad decision. After working under an assumed name for six years, he decided to use his real name and exchanged one set of phony identification numbers for another.

The change made his employer suspicious and the authorities were called in. The old numbers were made up, but the new ones he bought happened to belong to real people. Federal prosecutors said that was enough to label Flores-Figueroa an identity thief.

The Supreme Court will hear arguments Wednesday on prosecutors' aggressive use of a new law that was intended to strengthen efforts to combat identity theft. In at least hundreds of cases last year, workers accused of immigration violations found themselves facing the more serious identity theft charge as well, without any indication they knew their counterfeit Social Security and other identification numbers belonged to actual people and were not made up.

The government has used the charge, which carries a mandatory two-year minimum prison term, to persuade people to plead guilty to the lesser immigration charges and accept prompt deportation. Many of those undocumented workers had been arrested in immigration raids.

The case hinges on how the justices resolve this question: Does it matter whether someone using a phony ID knows that it belongs to someone else?

The government, backed by victims' rights groups, says no. The "havoc wrecked on the victim's life is the same either way," said Stephen Masterson, a Los Angeles-based lawyer, in his brief for the victims' rights groups.

On the other side, Flores-Figueroa and more than 20 immigrants' rights groups, defense lawyers and privacy experts say that the law Congress passed in 2004 was aimed at the identity thief who gains access to people's private information to drain their accounts and run up bills in their name. Surveys estimate that more than 8 million people in the United States are victims of identity theft each year.

Flores-Figueroa acknowledges he used fraudulent documents to get and keep his job at a steel plant in East Moline, Ill. But he "had no intention of stealing anyone's identity," his lawyers said in their brief to the court. He traveled to Chicago and bought numbers from someone who trades in counterfeit IDs.

Had he been caught while using the fictitious name and numbers that went with it, he could not have been charged with the more serious offense.

Federal appeals courts in St. Louis, which ruled against Flores-Figueroa, Atlanta and Richmond, Va., have come down on the government's side. Appeals courts based in Boston, San Francisco and Washington, D.C., have ruled for defendants.

The government's use of identity theft charges in immigration cases was on full display in last year's raid on a kosher slaughterhouse in Postville, Iowa. Authorities charged 270 undocumented workers with identity theft, including its threat of two years in prison.

Chuck Roth, litigation director for the National Immigrant Justice Center in Chicago, called the charge "a bludgeon" that was intended to elicit guilty pleas to lesser charges. Roth's group joined one of the briefs supporting Flores-Figueroa.

All 270 workers accepted plea deals in which they also agreed not to contest deportation.

An additional 100 workers arrested in the same raid were using unassigned numbers and faced charges with little prospect of prison time.

The case is Flores-Figueroa v. U.S., 08-108.

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26 August 2008

Obama's Convention Warm Up - Accuse the Jews

Agriprocessors Puts Barak Obama In The ‘Meat-Grinder’ - YWN
Besides Barry Hussein Obama not knowing what city he was in yesterday (listen to his remarks in his brief appearance last night and his confusion first saying he was in Kansas City and then saying he was in St. Louis. Even his daughter asked him "Daddy, what city are you in?" Obama responds: "I'm in Kansas City sweetie". Now if he only knew whether that was Missouri or Kansas. All that after saying "you want a persistent President." Obama's appearance begins at the 3 hr 34 sec mark at CSPAN convention day 1 coverage part two) may experience long load time
In any event, Obama took time out during the day to pass judgment against Agriprocessors for "taking advantage of undocumented workers".

"When you read about a meatpacking plant hiring 13-year-olds, 14-year-olds - that is some of the most dangerous, difficult work there is. ... They have kids in there wielding buzz saws and cleavers? It's ridiculous. And the only reason they're hiring these folks is because they want to avoid paying decent wages and providing decent benefits."

Those poor undocumented workers (IE. id thieves), you victims of greedy Joos making wages and benefits at or above industry standards. How ungrateful you are to make allegations after being arrested by ICE and put in line to go to your home countries after a visit to a US Federal prison where you eat 3 squares and have access to free medical care. Obama fell into the trap of believing what he wanted to believe. Maybe it was just a natural willingness to accept unproven allegations and maybe the reason is, that something inside him allowed him to do so. Its believable, you know, the Joos own that place.

Obama at least paid lip service to being a nation of laws but only after discussing the hardships for those who break the law. What better way to warm up for the Democrat National Convention than to throw a bone to the union bosses and the immigration amnesty crowd.

Nat Lewin contradicts and chides Obama in his piece hyperlinked above and copied below. Lewin contends that Obama, the law professor, should know better.


August 26, 2008
On Monday, YWN reported that Barak Obama had blasted Agriprocessors in a comment to a reporter. The following is the official response to Barak Obama issued by Nathan Lewin on behalf of Agri:

This is a shocking statement from a former president of the Harvard Law Review and former constitutional law professor who has sworn, as a United States Senator, to uphold the Constitution which prescribes a presumption of innocence until guilt is proved beyond a reasonable doubt. Before he made public accusations accusing a meat-packing plant of hiring 13 and 14 year olds “only……to avoid paying people decent wages and providing them decent benefits” and declared that the minors were assigned to work with “buzz saws and cleavers,” did Senator Obama look at the evidence or consider the plant’s categorical denial of these allegations?

Agriprocessors recruited only those who were over 18 and knowingly accepted for employment only applicants who said they were over 18. Applicants may have lied about their age to get a job.

Agriprocessors fired four girls in 2007 when it discovered, from its own internal investigation, that they were under age.

The Iowa Labor Department conducted an on-site inspection in April 2008 with an expert at spotting minors and did not identify to Agriprocessors any person on its work-force who looked to be under 18.

No one alleges that any employee who was later identified as under 18 was working at Agriprocessors with “buzz saws and cleavers.”

Everyone on the Agriprocessors payroll, regardless of age, received wages and benefits at or above industry standards.

(Nathan Lewin: Washington attorney for Agriprocessors who was an officer of the Harvard Law Review, a law clerk for a Supreme Court Justice, a Deputy Assistant Attorney General in the Civil Rights Division of the Department of Justice in the 1960’s, and now teaches a constitutional law seminar at Columbia Law School.)

Obama on Agriprocessors - Des Moines Register

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25 July 2008

The Victims of Postville

The victims of the Postville ICE raid are not the undocumented workers as both the articles below have distorted the story. The real victims are the American citizens whose personal identifying information was used to document these workers so they could be hired. Illegal entry into the US, stealing personal identifying information and flaunting labor laws should not be defended with sympathy. Please lefties, stop trying to turn this legal action into a union, right to organize fight. It isn't. In addition, for those lefties who are Jews, the claims you make against Agriprocessors should be tempered with benefit of the doubt. Please refrain from guilt by allegation and merely say, certain business practices should be reviewed for consistency with halacha and the practice we expect Jews to exercise. Alas, I know I am asking for too much but please, it is almost Av.

If I should be angry and resentful, I would say the secondary victims of this raid are the Kosher consumers whose food prices have risen as supply and thereby availability of meat and chicken has decreased.

I harp back on what Rabbi Pesach Lerner of Young Israel said in responding to Uri L'Tzedek's ridiculous call to boycott Agriprocessors, paraphrasing, {there are locations in the US which would not have had access to kosher meats if not for Agriprocessors}. That's nothing to take lightly and certainly buys the company some benefit of the doubt. Damage-Control Mode For Embattled Kosher Meat Giant

As far as the politics are concerned, the left is merely playing up to needed voting constituents, the unions and the perceived Hispanic vote which theoretically is more concerned about other Hispanics illegally entering the US to work than they are about upholding the rule of law which is a pretty cynical approach and one for which I would say is insulting.



A U.S. congressional subcommittee investigated the federal immigration raid at a kosher slaughterhouse. - JTA

Published: 07/25/2008

A U.S. congressional subcommittee investigated the federal immigration raid at a kosher slaughterhouse.

In a hearing Thursday, a subcommittee of the House of Representatives' Judiciary Committee considered whether law enforcement agencies guaranteed due process of law in its prosecution of 389 illegal workers at the Agriprocessors meat packing plant in Postville, Iowa, May 12.

The raid, said to be the largest single-site workplace raid in American history, led to a "fast-tracked" legal process in which some 300 Spanish-speaking defendants pleaded guilty to criminal charges related to document fraud and identity theft. The bulk were sentenced to five months in jail to be followed by deportation in a legal process completed in less than two weeks.

"I saw the Bill of Rights denied, and it all appeared to be within the framework of the law," Erik Camayd-Freixas, a certified translator who participated in the legal proceedings, told the committee.

David Leopold, the national vice president of the American Immigration Lawyers Association, told the committee that defendents were faced with an impossible choice: They either could accept a government plea, serve five months in jail and then be deported, or they could plead not guilty, wait several months for trial and risk a two-year mandatory jail sentence. However that turned out, they ultimately would be deported anyway.

"Faced with the choice of five months in prison and deportation, or six months in prison waiting for a trial which could lead to two years in prison and deportation, what choice did the workers really have?" Leopold said. "The spectacle was a national disgrace."

House members grilled representatives of the Department of Justice and Immigration and Customs Enforcement, the two federal agencies chiefly responsible for the raid and its legal aftermath.

Deborah Rhodes, a senior associate deputy attorney general, told the committee that defendants were permitted to meet with experienced counsel, were given seven days to consider their legal options and that measures were taken to ensure that the charges were understood before the guilty plea was accepted.

"While the sheer number of illegal aliens in this unusual case presented challenges that we do not often face," Rhodes said, "we believe that the defendants’ constitutional rights were carefully protected and exercised throughout the operation and that each defendant was treated fairly and with respect and dignity."

A standing room-only crowd was on hand when the hearing opened. It was followed by a news conference that included Father Paul Ouderkirk, a Postville priest who has ministered to many of those affected by the raid, and Joe Hansen, president of the United Food and Commercial Workers Union.


Liberal Jewish Groups To Rally At Postville Plant - The Jewish Week (Weak).

JTA

An interfaith coalition is planning to demonstrate next week in Postville, Iowa, in support of justice for workers and comprehensive immigration reform.

Conceived by Jewish Community Action, a Minnesota-based social justice group, the rally comes in response to allegations of worker mistreatment at Agriprocessors, the largest kosher meat producer in the United States.

The rally, scheduled for July 27, will follow by one day a visit to Postville by members of the Congressional Hispanic Caucus. The group, led by U.S. Rep. Luis Gutierrez (D-Ill.), will meet with the families of plant workers, as well as community organizers and local religious leaders.

“An immigration system that is predicated on fear tactics and piecemeal, deportation-only policies profoundly worsens our immigration crisis by creating broken
homes and tearing the fabric of our society,” Gutierrez said. “It is my sincere hope that in bringing the stories of the parents, children and workers of Postville back to Congress, our lawmakers will see the very real consequences of punitive actions in the absence of comprehensive immigration reform.”

Both the congressional visit and the rally promise to keep the spotlight on Agriprocessors, whose Postville facility was the target of a massive immigration raid on May 12.

In the wake of the raid, the plant’s workers claimed, among other allegations, that they were underpaid and made to suffer an atmosphere of rampant sexual harassment. Company officials have denied the charges.

Among the groups supporting the rally are the Chicago-based Jewish Council on Urban Affairs, the Hebrew Immigrant Aid Society, the Jewish Labor Committee and Workmen’s Circle. Funds for transportation were provided by Mazon, a Jewish hunger relief group.

“There are two targets here,” Jane Ramsey, the executive director of the Jewish Council on Urban Affairs, told JTA. “One is a message to the government for comprehensive immigration reform on the one hand, and secondly to Agriprocessors for the permanent implementation of livable wages, health care benefits and worker safety.”

The plant’s purchase in 1987 by the Brooklyn butcher Aaron Rubashkin injected a much-needed dose of economic vitality into Postville, which was a struggling farm community. With a workforce of approximately 1,000, Agriprocessors was said to be the largest employer in northern Iowa.

The arrest of nearly half its employees in the raid has significantly cut the plant’s production.
Agriprocessors is hardly alone. According to Immigration and Customs Enforcement, or ICE, an agency of the Department of Homeland Security, 4,940 workplace arrests were made in the 2007 fiscal year, up from 510 in 2002. As of May, the agency has made 3,750 arrests this year.

Critics say such arrests are devastating to workers and their families and can have crippling effects on communities. Jewish Community Action raised $10,000 for Postville families, according to its executive director, Vic Rosenthal. The Jewish Council on Urban Affairs has delivered another $5,000.

“We think that this was a very poorly conceived action by ICE that hurt people and didn’t bring any further safety to you and me,” Ramsey said. “Who did this help? They swept into a little town of 2,500 that has now been devastated, that has a just-opened playground and now there are no children for that playground.”

Steven Steinlight, a senior policy analyst at the Center for Immigration Study and a leading critic of the mainstream Jewish position on immigration, says such stories are sad on a human level but are not a basis for making policy.

“I can’t get bleary-eyed about these people,” Steinlight said. “They’re here in violation of federal immigration law. You don’t know if these people are from Mexico or from al Qaeda. They have engaged in identity theft. They have engaged in felonies. These are not minor issues. I don’t consider the violation of America’s sovereignty to be a minor issue.”

While Steinlight defends the raid as a legitimate exercise in law enforcement, he shares the sense of outrage over allegations of worker mistreatment even as he opposes the call for a path to legalization for Postville workers.

“The reason they’re hired is because they are exploitable,” Steinlight said. “And if they were legalized, they wouldn’t be any better off.”

Chaim Abrahams, an Agriprocessors representative, said the company is committed to abiding by all state and federal laws.

“Mr. Steinlight has apparently joined the chorus of those who accept the allegations and several newspaper accounts as fact,” Abrahams said. “Agriprocessors will have no further comment on those allegations, as they are part of an ongoing investigation. It merely urges all fair-minded people to reserve judgment until this investigation process has run its course.”

The demonstration is scheduled to begin with an interfaith service at St. Bridget’s, the Catholic church that has taken the lead in providing relief to immigrant families. It will be followed by a march through town to the plant and then back to the church for a rally. Organizers expect about 1,000 people to attend.

“We think that Jews as consumers of kosher food need to understand the importance of who is producing the food and how they get treated, how they get paid,” Rosenthal said. “We really want to energize the Jewish community to think much more clearly about the role they play as consumers.”

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14 July 2008

Employment Identity Theft and the IRS

Stolen Identities Used to File Tax Returns Grows 644 Percent - Fraudwar Blogspot

Taxpayer Advocate Report to Congress - 2008




Ed Dickson at Fraudwar Blog reported on the IRS Taxpayer Advocate Service (TAS) Fiscal Year 2009 Objectives, report to Congress. The IRS has proposed improved processes to identify and manage consumer files where notification of identity theft has been previously made and fraud previously determined.

My experience in the past working with employment fraud is that, year upon year, a consumer who is a victim of this type of identity theft must wait for a letter from the IRS requesting payment for unreported income, submit a claim of non-responsibility and wait for an investigation from the IRS which occurs behind closed doors. When the IRS requests to be paid, the consumer contacts TAS and a fraud claim is submitted. The role of the employer is important. The IRS usually wants the consumer to attempt to contact the employer, the furnisher of employment data to the IRS, to seek correction of the record. The consumer, the party defrauded, is to attempt to set the record straight with the data furnisher on behalf of the US Federal Government's main tax collection authority, which has arresting and subpoena power. Obviously, something is wrong with this process.

Consumers subjected to employment fraud identity theft must take this step as if it were just a normal part of the annual tax filing process, but one which takes place months after the initial filing of a return. When the records are mixed, refunds are delayed and consumers have this threat to face late fees and penalties unless the proper corrections are made.



Essentially, the consumer becomes a non-paid employee of the IRS, initiating what, in a more just process would be a criminal investigation either handled by the IRS or ICE (or both). The task is made more complicated by the fact that the consumer is well-advised to request from the Social Security Administration (SSA) a detailed work history which includes copies of (or a listing of) previous years (10 years usually) W-2s and 1099-Misc forms submitted by employers to the SSA for withholding purposes. These records are used to uncover evidence of the fraud and discover if any other fraudulent employment was obtained using the consumer's Social Security Number. These forms will also verify the address on file of the fraudster, at least that reported by the employer to the SSA. The SSA cannot by law share this information with the IRS.

Theoretically, SSA could implement fraud practices which look for inconsistencies in their files based upon employment information submitted to the agency and share this information with the IRS for investigation or investigate themselves. Such analysis may not be easy and often good explanations can be given for why a consumer for instance has three full time jobs worth of income originating from three separate corporate entities and reports three (or more) addresses as residences around the USA. However, the Fair Credit Reporting Act, in a provision soon to become active later this year will require financial entities to look for similar inconsistencies in the long awaited "Red Flag Rules". But, as usual, the Federal Government does not include itself in such provisions.

Back to our consumer - unless some action is taken to intervene with the employer (provided the employer is merely also a victim of the fraud which is NOT always the case), the process will repeat itself year after year. Then again, the fraudster may start anew in a different location each year.

Unlike credit type identity theft, law enforcement at the local level often does not or is unable to assist a consumer with employment fraud. Even in situations where the fraudster lives within the same jurisdiction, this is not a guarantee of law enforcement intervention. It is encouraging to see the IRS make progress on assisting law abiding consumers with improved fraud reporting and file management. Now, if the IRS will only be able to investigate and make arrests. Investigations and arrests of identity theft perpetrators are few and far between.

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04 June 2008

Agriprocessors - 'Cause Celeb' of the Leftists


Rubashkin: It's all a lie (JTA) Ben Harris - Speaking out for the first time, the owner of Agriprocessors was visibly angered by the flood of charges that have imperiled his business, the country's largest kosher slaughterhouse.


Published: 06/03/2008

NEW YORK (JTA) -- Aaron Rubashkin, the owner of the embattled kosher slaughterhouse Agriprocessors, denies he has engaged in unethical labor practices and blames the failure of U.S. immigration policy for his mostly illegal workforce.

In the first substantive comments by an Agriprocessors representative since the government rounded up more than a third of its employees on immigration charges in a May 12 raid of its Iowa plant, Rubashkin flatly denied allegations of worker mistreatment and plant mismanagement.

"Everything is a lie," Rubashkin told JTA.

In a more than hourlong interview May 30 outside his Brooklyn butcher shop in the heavily Orthodox enclave of Borough Park, the 80-year-old Rubashkin was visibly angered by the flood of charges that have imperiled his business, the country's largest kosher slaughterhouse.

The raid has reduced Agriprocessors' output significantly and sparked fears of a national shortage of kosher meat.

A government affidavit cites claims that the drug methamphetamine was being produced at the company's Postville plant, that undocumented workers were paid $5 per hour and that a Jewish kosher supervisor duct-taped a worker's eyes and abused him with a meat hook.

In the weeks since the raid, workers have also charged that female employees were offered improved working conditions in exchange for sexual favors and that underage workers were employed at the plant in defiance of Iowa labor laws.

"We got 21 or 23 inspectors," Rubashkin said in a thick Yiddish accent. "Every minute the plant is open, there is USDA inspector. We got maybe 30 rabbis. How can we do something which is wrong? If I want to, God forbid! We are ethical people. We don't do no injustice to nobody, not to a cat."

Dressed in a blue cotton shirt and black fedora, Rubashkin acknowledged that he was concerned the company may be brought up on criminal charges, but said he was "a hundred percent confident" that he would prevail in court.

"I believe in the American system, and I did nothing wrong," said Rubashkin, who opened his shop in 1953, the same year he emigrated from Russia.

Asked why he was replacing his son Sholom as vice president if the charges are phony, Rubashkin threw back his shoulders and arched his eyebrows.

"For the business," he said. "In order to enforce, after such a shock, we want to beef up management -- change management, change rules, to do different ways."

Rubashkin emphasized that the management change was for the sake of the company, "not for the people."

"We treat people -- I wish everybody should be treated like we treat people," he said.

Agriprocessors sells meat products under various labels that include Aaron's Best, Rubashkin's, Shor Habor, Iowa's Best Beef and Supreme Kosher.

Federal authorities have not brought criminal charges against the company or its executives. The bulk of the accusations, particularly those concerning worker mistreatment, remain unsubstantiated.

But nearly 300 former employees have pleaded guilty to various forms of fraud involving fake work documents and are facing deportation. The affidavit cites claims that Agriprocessors had assisted workers in securing false documentation.

Rubashkin denied underpaying his workers, saying that all new hires start at $8.60 per hour -- above the federal minimum wage of $5.85, that workers are paid time-and-a-half for overtime and that they are provided with paid vacation and health care. He further said he had no idea that his workers were illegal and that they had produced what appeared to be legitimate work documents.

The affidavit states that Agriprocessors received five separate notices from the Social Security Administration of 500 Social Security number discrepancies.

"People coming there looking for jobs -- they bring ID with a photo, with a number," Rubashkin said. "With the same card the person go to the bank. With the same card he got his credit card. With the same card he bought a car."

"19 million illegals here? I don't bring 'em here. I pay taxes and the government supposed to control the stuff."

Rubashkin also had harsh words for the media, which he mockingly referred to as the "free press" and twice compared to the Soviet, state-run media.

"A lynching press," he called it.

He accused the media of harping on the negative and ignoring the good he has done for the Postville community. Rubashkin said he offered full medical coverage to workers and their families, paid for cancer treatments for sick workers at the renowned Mayo Clinic 100 miles to the north and helped set up a day-care center for the children of employees.

Katie Hageman, who runs Postville Child Care Services, told JTA the Rubashkins donated $20,000 to the construction of the center, which caters primarily to the children Agriprocessors' employees.

Rubashkin sees himself as a victim of an immigration system that Washington has steadfastly refused to fix. He has bitter words for the Jewish social justice activists who have spoken out most vigorously since the raid.

The Conservative movement has urged kosher consumers to "consider" whether they should purchase Agriprocessors' products, while Uri L'tzedek, a social justice initiative launched by liberal Orthodox rabbinical students, circulated a petition threatening a boycott of the company.

"I'm against tzedek?" Rubashkin asked, using the Hebrew word for justice. "It's a very nice word, but what kind of tzedek? Tzedek is when you give a person what to live. Tzedek is when you give 'em a salary he should be able to pay rent. Tzedek is when you sick, you should have a doctor. This is tzedek."

Long prominent in the Chabad-Lubavitch movement, Rubashkin was interrupted several times during the interview by well-wishers, including a bearded man who used a Hebrew expression to wish Rubashkin success in his business. And while the butcher himself was loath to speculate on why he was being singled out, his customers were not so reticent.

"It's only anti-Semitism," said a woman who identified herself only as Esther, as she wheeled a half-dozen Rubashkin's bags to her vehicle.

Esther compared Rubashkin's plight to that of Jonathan Pollard, the former U.S. Navy intelligence analyst who was slapped with a harsher sentence -- life imprisonment -- for spying for Israel than others who had spied for enemy states.

"Everything is the same," Esther said.

Other customers offered different theories to explain the controversy swirling around their longtime neighborhood butcher.

"I think they took him as a scapegoat because he's a big company," said a Borough Park resident who identified himself as Motti. "All the big guys suffer at the end. What's his name, Mike Tyson, was put into jail because he had too much money. O.J. Simpson was nailed in some ways because he has a lot of money. And on and on."

Though their explanations differed, all agreed that they would continue to patronize Rubashkin, even if the charges against him were proved to be true.

The Orthodox Union, by contrast, one of two kosher certification agencies supervising Agriprocessors, has said it would withdraw supervision if charges are brought against the company.

"I would have a problem, but I again realize that the world has come to that," said customer Shaya Mayer. "Nobody cares about somebody else. The meat's nice, the meat's good, I'm going to continue to buy it."

Unlike his customers, Rubashkin refused to endorse the anti-Semitism thesis as the explanation for his troubles -- but he didn't seem entirely unconvinced, either. Several times he invoked classical anti-Semitic canards, like the infamous libel that Jews used the blood of Christian children to bake matzah, to underscore what he sees as the baselessness of the claims against him.

"We got a big mess, no question about it," he said. "Why? Because somebody say I was 15 years when I came to work there."



RCA Statement Regarding Recent Developments at Agriprocessors

June 3, 2008 - (The Yeshiva World)
The Rabbinical Council of America has been following recent developments taking place at the AgriProcessors kosher meat plant in Postville, Iowa. Like many others, both within and beyond the Jewish community, we have been concerned to determine the facts and the realities surrounding the many reports that have appeared in the print and online media, so as to respond appropriately, and responsibly.

Given the gravity of the allegations, and the potential impact on the Jewish community and kosher consumers, it would be inappropriate to rush to judgment before all relevant facts are clarified. It is important to keep in mind that to date conflicting reports have been issued, denials of improper behavior have been heard, and the recent events have occurred against a background of long-standing conflicts involving competing interest groups. Nonetheless it is important even at this time to clarify what in our view should be guiding principles in addressing this issue, once the facts will be known.

Relevant Principles of Jewish Law

The Torah, Halacha, and our sacred tradition require that we show ethical sensitivity on many levels:

1)We are required to respect our fellow human beings, who must be treated with fairness and dignity at all times. This applies whether they be Jew or non-Jew, rich or poor, and for that legal or illegal immigrants.
2)Inseparable from the requirement of ethical treatment of our fellows is the requirement to not judge them prematurely, without knowledge of the facts, and without providing an opportunity to rebut allegations in appropriate fashion.
3)We are required to obey all of the laws and regulations of the land if promulgated lawfully, and enforced without discrimination, to adhere to them in letter as well as in spirit, whether or not we approve or make sense of them.
4)We must show sensitivity to needless animal suffering, preventing it where possible, and minimizing it when unavoidable. This is particularly true when it comes to practicing humane methods of animal slaughter, a matter of great concern to rabbis in every generation.
5)We must above all take every reasonable step to prevent the disgrace, even in appearance, of the Jewish people and the Torah. Thus even if an act is technically permitted, if it nonetheless brings discredit to us and our faith, be it in Jewish or non-Jews eyes, it must be avoided.

Public Interest Principles

The availability of reliably supervised kosher meat (as with other kosher food) at a reasonable cost to the consumer is essential to Jewish life (and indeed to many who are not Jewish.) This requires an appropriate understanding of current business models as well as the requirements of Jewish law in providing and supervising such products.

Without necessarily impugning the current motives of various parties involved in any given dispute, we must keep in mind lessons learned during the course of the long history of unwarranted attacks on kosher slaughter practices in Europe and elsewhere, carried out by groups with agendas of their own.

In this connection one can raise for consideration whether or not the laws of the land, in themselves entirely legal and proper, have been consistently enforced, or whether a particular group or company has been singled out for such enforcement or legal action.

The Proper Parameters of Kosher Food Supervision

There are some who have called on kosher supervising agencies to take responsibility for comprehensive supervision of all “ethical” aspects of the kosher food industry. They would have rabbis provide informed and reliable judgments regarding financial auditing, human resource department practices involving hiring, firing, promotion, workplace safety issues, treatment of animals, tax and financial compliance, compliance with immigration law, et al. In our view such expectations of kosher supervising agencies are unreasonable, impractical, and without merit. Kashrus agencies do not have the expertise, resources, or enforcement powers to adjudicate such matters.

Extending kosher supervision to the full gamut of business practices raises many difficult questions. For instance, do we want ethical certification of practices involved in the production and distribution anywhere in the world of clothing, appliances, and furniture? This type of certification requires very different skills, and a very different arena of activity, from that involved in kosher certification. It requires looking at the company’s books, human resources practices, suppliers and distributors, all by experts in the field – at significant cost to the consumers who, even if such broad-ranging review is possible, will end up paying for such investigations.

On the other hand it is certainly appropriate for supervising agencies to incorporate into contractual agreements from the outset, an expectation of adherence to the principles outlined above. It is also appropriate that if improper practices are found to have occurred as a result of regulatory or other substantiated revelations, the kashrus agencies should review their relationship to the businesses involved. Such review should consider, and balance, all of the relevant factors, including

a. The nature, severity, and frequency of the infractions involved. Who was responsible for them – ownership, management, a failure in oversight by government or other supervisory agencies?

b. The likely impact on kosher consumers of continuation or discontinuation of supervision, including the availability and cost of the products in question.

c. The likelihood of continued improper activity by the company, versus its willingness to improve its record going forward in verifiable fashion.

The Rights and Responsibilities of Individual Consumers

Kosher consumers certainly should be free, at any time, to choose to purchase kosher products based on whatever halachic or ethical criteria they value. Some may choose to withhold their business even on the basis of rumor or media reports until such time as the facts emerge. That is their right.

At the same, in the absence of hard facts, they too should exercise appropriate restraint, and not rush to premature judgments that might unnecessarily imperil the availability or affordability of kosher products and services, or impute guilt where none, or little, exists.

They should also be wary of any group that would seek to exploit the kosher food industry, or any particular company, based on ulterior motives of an economic, philosophical, or even religious, nature. Here the principle of caveat emptor, in its broadest meaning, applies.

Conclusion

In the matter of recent allegations against Agriprocessors and its company policies, the RCA is certainly concerned at news reports published to date. But both Jewish Law (Halacha) and civil law require a presumption of innocence by all parties, including the concerned public, as well as an understanding of the broad implications involved on all sides, until the facts will have been clarified, especially in a case that is as complex as the one at hand.




The first thought that came to my mind is how reasoned and cautious the RCA comments were. While the comments left on The Yeshiva World blog are less than useful themselves, criticizing the RCA for making in the words of a few of the posts, "useless", to the contrary, they are quite important and almost ground breaking. The RCA had to comment, had to leave the door open for sanctions, yet had to be clear not to draw conclusions until all the investigations have been complete into the legal matters facing Agriprocessors. What cannot be missed is that the facts however, speak for themselves. No matter who was responsible whether Agriprocessors (and at whatever level) or the government as suggested by Aaron Rubashkin in the interview above, undocumented workers were arrested and have been convicted. What is left is the blame game.

The RCA did the right thing by pointing out the enforcement consistency in the immigration law and by implication, the standards of the meat industry. This is no excuse for identity theft, and APRPEH has been clearly on the side of little tolerance for breaking the law. The RCA, however, is looking at the issue through the eyes of kashrus and the precedent being set for oversight. It is personally interesting to note that much of what is found in the RCA statement could have been read on this blog in previous entries. APRPEH discussed the separation of kashrus and law in this previous post pointing out that there can be an advisory role and even upfront expectations placed on an agreement to extend a heksher to a company but the rabbinic role is to insure kashrus while the government role is to insure safe working conditions, baselines for compensation, protections against harrassment, etc. This isn't the job that the rabbis do. As the RCA points out, what's next? What industry standards must the rabbis learn in order to intervene in the non-food market if the expectation of acceptable practice and use is forced upon the batei dinim? <B<; span>r>
And, thus we have swerved into concerns raised in the APRPEH post linked above. The JTA article offers the following:
The Conservative movement has urged kosher consumers to "consider" whether they should purchase Agriprocessors' products, while Uri L'tzedek, a social justice initiative launched by liberal Orthodox rabbinical students, circulated a petition threatening a boycott of the company.

The APRPEH post revealed the Conservativist and Reformist agendas
of seeking relevancy through the woes of fellow Jews, the Rubashkin family. Now, we see the entry of the "liberal Orthodoxy".

Like many proponents of liberalism, who use the vehicles of poverty, homelessness, access to healthcare, disparity of income, the environment, world wide expansion of freedom, etc., not to propose ways to advance the cause of liberty (comprised of tearing down the imposed barriers to the access to information, the ability to build coalitions based upon common purpose, to achieve equal access to the means to resolve their own problems, demonstrating that all matters of social and economic prosperity are achievable by everyone, thereby lifting everyone) but to tear apart the structure of society, break apart the sources of influence and to impose an equality of outcome. This is the method and true agenda of the leftist. This is the cause of social revolution. This is the dogma of leftism. This is, I am afraid, the cause de jour of a crowd who aligns itself with Jewish leftism circulating through the organs of such groups as the Jewish Funds for Justice (formerly the Shefa fund) (some background can be found in the essay on the Uri L'Tzdek website A Jewish Liberation Theology). For additional background on social revolution and Saul Alinsky see here.

The motivation to make social revolution, not social justice, AKA the old mantra of Reformism posing as tikkun olam, a Jewish enterprise based in Torah is an idea which is bubbling beneath the surface of awareness in much of the Jewish world. The throwback to this 1960's idea seems to be in the eyes of it's advocates, a path to Jewish unity. Targeting the institutions of kashrus, seeking to infiltrate the socialist agenda into the duties of a kashrus supervisor is a dangerous and risky calculation on the part of the leftists who advocate it in my opinion. This battle of ideas needs to play out in the public domain and be discussed openly, not in secret. What will be the role of Modern Orthodoxy in American Jewish life? If you are advocating leftist solutions to social problems, say so. If you hide your agenda, you will be exposed.

In the mean time, the battle ground is in Postville, IA, the US courts, and Brooklyn. The offices of the OU and RCA have now staked a position and the Rubashkins are playing the role of sacrificial lamb.

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27 May 2008

Visions of Fraud - Agriprocessors Cheshbon Nefesh

Part of the teshuva process for Agriprocessors employees, managers, owners, etc. whomever the scales of justice will eventually point to as responsible for the employment fraud in Postville, IA, should be to read this article every day for at least a year. It documents the difficulties of an American consumer whose identity was stolen to enable an illegal resident to work. APRPEH briefly explained in theory, the reality this consumer, subject of the post by Bob Sullivan of MSNBC had to undertake in order to solve her identity theft process. The tough part here is that even with professional assistance, the victim must still actively play a role in the restoration. There is no easy way out of a SSN fraud.

Pay close attention to the part of the story where the victim relates the difficulty of facing an employment only identity theft where the identity was not used for credit purposes. We have a backward morality in this country. Employment or SSN fraud is just as vicious a crime as fraudulently taking out a Visa or Mastercard and should be treated as a serious criminal offense. Don't ask me to feel sorry for the perpetrator who merely wished to work in the US. The article below is long but worth the effort.



TWO LIVES, ONE SOCIAL SECURITY NUMBER - MSNBC Red Tape Chronicles
Posted: Tuesday, May 27 at 06:00 am CT by Bob Sullivan

Like arriving home to see a broken window, Holli knew something was wrong when she pulled up the statement from her new 401(k) account and saw a stranger's name there. Under her name and account information, she found a second name: Paulino Rodriguez. But was it an accident, random vandalism or a serious crime? She opened the virtual door to her account and sorted through the broken glass. Her worst fears would soon be confirmed.

After some frantic research, Holli pieced together part of the story. Rodriguez, the 401(k) Web site revealed, lived in Escondido, Calif., about 90 minutes south of Holli’s home in Fountain Valley. He was a restaurant worker in an Escondido Burger King. This was no prank -- though Holli would soon feel like several government agencies, corporations and a criminal were having fun at her expense. She was a victim of something experts call Social Security number-only identity theft, generally committed by immigrants who don’t have the necessary credentials to work legally in the U.S.


Holli wondered what else the imposter had done to her credit and her good name. (Msnbc.com has agreed to conceal Holli’s identity in this story.)

Escondido is Ground Zero of the immigration debate. Just a few minutes north of the Mexican border, near San Diego, Escondido is home to thousands of Mexican immigrants who battle their way every day into the country and into gainful employment. Mexicans have been fighting in Escondido for a long time. Not far away, in 1846, U.S. forces were routed in the Battle of San Pasqual during the Mexican-American war, the worst American defeat of the conflict. Today, some say, Mexicans are again overwhelming American forces in a different kind of battle.

For the past three years, Paulino Rodriguez used Holli's Social Security number for the right to work at the Escondido Burger King. Recently, with his wife and four children, he took up residence in a middle-class subdivision on Espanas Glen Street in Escondido, a short block near Interstate 15.

Rodriguez, according U.S. immigration officials, is a Mexican national with no right to work in the United States. But thanks in part to Holli’s Social Security number, he had found a decent life for his family in Escondido, which means "hidden" in Spanish. But that that life was safe only if no one found out he was sharing Holli's identity.

Across America, perhaps millions of U.S. citizens are sharing their identities with undocumented workers who are virtually hiding behind Social Security numbers like Rodriguez. The data on the subject are incomplete, but each year nearly 10 million workers pay their taxes using the wrong Social Security number. While this can happen for a variety of reasons, most often it involves restaurant and farm workers, suggesting many of those 10 million workers are employees who are using someone else's SSN to satisfy federal employment requirements.

Information at her fingertips
Holli, a woman in her 50s, panicked one month ago when she saw Rodriguez’s name on her 401(k) account, then she started putting the pieces together. It wasn't hard -- she had all of Rodriguez's personal information right there on her screen, including his age: 38. She called his employer, Reddy Restaurants Inc., which supplies workers to Burger King. Holli says she was told that nothing could be done because Rodriguez fulfilled the requirements for employment when he started work -- namely, he supplied what appeared to be a valid Social Security card.

Mike Holly, owner of Reddy, confirmed that Rodriguez was an employee but refused to otherwise discuss the situation.

Holli then called the local police, who took a report but said nothing could be done. She contacted the Social Security Administration, the Federal Trade Commission, even her 401(k) administrator. The message she heard from each was the same: We can’t help you. She even went to an attorney, who delivered bad news.

"(He) said since my credit hadn't been affected, they couldn't do anything for me," Holli recalled.

But Holli was persistent. She eventually convinced her local police department to take a report, and to forward it to Escondido police. Then, she pestered the dispatcher in Escondido enough that the file was passed on to the investigations department. Detective Damon Vander Vorst took an interest in the case.

Rodriguez entered the country nearly 20 years ago, public records suggest. It's unclear where in Mexico he grew up, or how he crossed the border. At about the same time, Holli was just starting her career.
Precisely when their lives were blended isn't clear. But about three years ago, Holli remembers getting a funny look from a clerk while she was filling out insurance paperwork at an optometrist’s office. "There's someone else's using that (SSN) number," she remembers being told. Then, "I'm not supposed to tell you this, but the name Paulino Rodriguez."

Holli assumed it was an error. But around that same time, Rodriguez signed up with Reddy Restaurants and began working -- using her SSN -- at Burger King.

Holli has no solid information on how her number was stolen, but she has one guess: About five years ago she was laid off from her job and went back to school to finish her college degree in finance. Her school, Long Beach State, used her SSN as her ID number during that time. Her first brush with Rodriguez happened within a few months of her graduation.

Three years passed without incident. Then in April, she opened up the Web site for a new company benefit – a 401(k) plan – and saw the name Paulino Rodriguez again. Holli’s heart sank and her quest began. It ended a month later when she talked to Vander Vorst. On May 13, Vander Vorst staked out a home in a gated subdivision named Villas Espanas, waiting for his suspect.

While there is an obvious Latino majority, the neighborhood looks just like any other middle-class San Diego suburb, full of neat white stucco townhomes with red-tile roofs. Most store signs are in English only. A dry cleaner, grocery store, and school are just a few blocks away. During a recent visit by an msnbc.com reporter at midday, the neighborhood was quiet. The subdivision has a large pool; hanging in Rodriguez’s front window, three pairs of child-sized goggles were visible from the sidewalk.

Just outside the home, Vander Vorst arrested Rodriguez. Police allege he had falsified Social Security card and work visa.

Getting such documents is hardly an obstacle for illegal immigrants seeking work. Fake Social Security cards and work visas can be purchased in Los Angeles for around $200, law enforcement officials say -- a small investment for the opportunity to work in the United States.

Rodriguez was charged with identity theft and with falsifying government documents, according to Escondido police spokesman Lt. Craig Carter. He was shipped to nearby Vista Detention Facility, where he awaits his fate on the criminal charges. meanwhile, the Immigrations and Customs Enforcement agency has placed a "hold" on him. That means he is "subject to deportation," according to Lauren Mack, a spokeswoman for ICE.

Rodriguez refused an interview request by an MSNBC.com free-lance reporter who visited the jail.

Mixed feelings
Holli had mixed feelings when she began her quest to track down her imposter.

"When all this began a month and a half ago, I was worried I might be ruining his life when all he wanted to do was work," she said. But the bureaucratic tangle had changed her. "Now after spending numerous hours of my time trying to find out what is going on as well as worrying, losing sleep and using my work vacation time, I no longer feel bad for Paulino. He made the choice to steal my number. And the fact that privacy laws keep me from being able to see what he is doing with my number infuriates me."

She also fears possible retribution for her actions; that’s why she insisted that msnbc.com preserve her anonymity. She also wants to prevent Rodriguez from finding out who she is. Generally, SSN imposters don't commit full-blown identity theft, and don't know who their victims are – Rodriguez likely never even knew Holli’s name.

Immigrant imposters usually just provide a Social Security card to their employer on their first day of work to fulfill what's known as the “I-9” requirement. Since new employment rules took effect in 1983, U.S. workers must supply documentation to prove they are eligible to work; nearly always, a Social Security number is used. While employers can call the Social Security Administration to perform limited verification of the information, that's seldom done. So it's possible -- in fact common -- that employees’ names and numbers don't match. When that happens, no one gets credit for the taxes paid by the worker. The money simply ends up in the U.S. Treasury. Since 1983, more than $500 billion in uncredited Social Security wages have been earned by so-called "no match" employees like Rodriguez. That hidden financial benefit for the government is one reason, Holli suspects, that agencies don't act more quickly on reports of SSN-only identity theft.

San Diego-based immigration rights advocate Lilia Velasquez sees similar cases in her practice all the time. Imposters run the spectrum from hardened criminals who ultimately take out loans in the victim's name to well-intentioned Mexicans who are simply doing what they need to do to get a job and feed their families.
"It's not that these people intentionally and maliciously stole someone's name and identity. ... They may feel that they are using the number out of sheer need," she said.

But victims like Holli should do what they need to do to protect their identities, Velasquez said. "That's a situation which needs to be investigated until the issue is resolved."

37 people shared one SSN
If not, what appears to be a simple bout of ID theft can spin out of control. Immigrant workers who successfully use someone else's identity can pass the information around. Three years ago, a Chicago-area victim named Linda Trevino discovered that her Social Security Number had been used by workers at 37 different companies.

When another person is using a consumers' Social Security Number for employment purposes only, there is almost no way to discover the identity theft. The misuse will not show up on a credit report; it won't be detected by credit monitoring. Because the wages earned are not credited to the victim, they won't show up on annual Social Security statements either. In fact, there is no way for anyone to inspect the history of their Social Security Number, or to find out where and when it's been used. Only an anomaly or coincidence – such as having an imposter show up on a 401(k) Web site -- betrays the theft.

That's why this is an important victory for Holli; she's among the first to find her SSN imposter and stop the ID theft. Of course, she has no way of knowing if her identity is now secure, because her number may have been used by other immigrants.

"The fact that I can check my credit but not my whole credit is absurd," she said. "In any case, this is my identifier that follows me around and I should be able to protect myself (and my identifier) by knowing what is attached to it." She plans on urging Congress to fix the problem. Meanwhile, she’s left with a sour taste in her mouth -- she acted in self-defense, but worries that some will see her as a villain who caused Rodriguez’s arrest. She’s angry at the criminal who stole her identity and at the system which put her in this compromising situation.

The future of Rodriguez and his family is unclear. If his children are U.S. citizens, law enforcement officials say, he may be allowed to remain in the U.S.. Otherwise, deportation is a likely outcome, but not right away. Before the immigration issue is settled, he will likely face state criminal ID theft charges in state court.

Jacqueline Dizdul reported from San Diego.

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15 May 2008

Agriprocessors Reacts To ICE Raid

Press Release: Agriprocessors Addressing Challenges Following Worksite Enforcement Action
By Becky Ogann, KCRG
Story Created: May 15, 2008

This press release comes to TV9 from Jim Fallon who works in public relations counceling for CMA.

POSTVILLE, IA (May 15, 2008) – Agriprocessors, Inc., continues to make meaningful progress in addressing the challenges presented by the worksite enforcement action by Immigration and Customs Enforcement and other agencies on May 12, 2008.

According to Chaim Abrahams, a company representative, Agriprocessors is concentrating its efforts on production.

“We were able to bring the plant back into operation the next day, and even though we’re not running at full capacity, we are able to resume production,” Abrahams said. “We are in the process of replacing workers so we can avoid any interruption of meeting customer needs for high quality products.”

Abrahams also noted that the company was in the process of enhancing its immigration compliance procedures.

“We are working with experts in immigration compliance to help us bolster our compliance efforts to employ only properly documented employees,” he said. “We have signed up for a government electronic verification program, and are working with our consultants on additional compliance measures that will enhance our hiring process.”

Agriprocessors also has launched an independent investigation into the circumstances which led to the worksite enforcement action, and is cooperating fully with the government.

“We extend our heartfelt sympathies to the families whose lives were disrupted and wish them the best,” Abrahams said.



Slaughterhouse launches own investigation - JTA

The U.S. kosher slaughterhouse raided by federal immigration agents has launched its own investigation.

Agriprocessors, the largest kosher meat producer in the country, announced Thursday that it was conducting a probe into the circumstances leading to Monday's raid. The company, located in Postville, Iowa, also said it was taking steps to improve compliance with federal immigration standards.

Agriprocessors was the target of what is being called the largest workplace raid in U.S. history, when federal agents surrounded its plant and took away 390 workers on immigration violations. A smaller number are being charged with criminal offenses as well, including identity fraud and using fake Social Security numbers.

"We are working with experts in immigration compliance to help us bolster our compliance efforts to employ only properly documented employees," said Chaim Abrahams, a company representative, in a statement.

Rabbi Moses Weissmandel, the top supervising rabbi at Agriprocessors, told JTA Thursday that the government allegations were categorically false. He was addressing claims in an affidavit that the drug methamphetamine was being produced at the site and that rabbinic supervisors had abused plant workers, the bulk of whom are Mexican and Guatemalan.

"I categorically say it's false, it's not true, it's a lie," he said.

Weissmandel did not address claims that the workers were illegal.

"That's not my department," he said.



Its nice to see Agriprocessors taking positive steps to address the problems and the negative publicity from the ICE raid. To recap, hundreds of illegally hired workers were engaged in employment for Agriprocessors, many of them making victims of American consumers. This is the basic definition of employment identity theft and the results of this sort of fraud cause American tax payers headaches and out of pocket expenses in order to correct their wage earnings reports with the IRS and to straighten out the record held by the Social Security Administration. Add to that the time and money spent by both of these agencies in dealing with fraud and the bigger picture starts to become clear.

In terms of worker verification programs, most of these are based upon verifying original documentation and screening a combination of name, Social Security Number and date of birth. (see USCIS E-Verify, the program Swift was using). If an illegal worker has been provided a full set of PII (personal identification information) of a consumer, a successful verification will be made. Rarely, likely almost never, does anyone verify the verification. Employment data is sent to the SSA which never attempts to account for discrepancies.

Rabbi Weissmandel can provide adequate cover for the kashrus aspects but not the legality or lack thereof in the policies followed by the HR department of Agriprocessors.

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13 May 2008

FOLLOW UP TO AGRIPROCESSORS RAID - THE SECRET CABAL OF KOSHER SLAUGHTER

May 13, 2008
Hundreds Are Arrested in U.S. Sweep of Meat Plant - NYT
By SUSAN SAULNY

In the biggest workplace immigration raid this year, federal agents swept into a kosher meat plant on Monday in Postville, Iowa, and arrested more than 300 workers.

The authorities said the workers were suspected of being in the United States illegally or of having participated in identity theft and the fraudulent use of Social Security numbers.

A spokesman for Immigration and Customs Enforcement would not say how many people had been rounded up beyond the initial 300 or whether the management and owners of the plant, AgriProcessors, would face criminal charges.

The plant has 800 to 900 people and is the country’s largest producer of meat that is glatt kosher, widely regarded as the highest standard of cleanliness.

The plant shut temporarily.

The agents set up a perimeter around the 60-acre plant, in northeastern Iowa, and entered on the morning shift, carrying out two search warrants, federal authorities said. An affidavit filed in court before the raid by the Homeland Security Department cited “the issuance of 697 criminal complaints and arrest warrants against persons believed to be current employees” and to have acted criminally.

The affidavit said a former plant supervisor had told investigators that a methamphetamine laboratory had operated at the plant and that some employees had carried weapons to the plant. The former supervisor, the affidavit said, estimated that 80 percent of the employees were in the United States illegally.

A spokesman for Representative Bruce Braley, Democrat of Iowa, said the number of arrests was expected to increase, perhaps even double, as the investigation continued.

Federal officials leased an expansive fairground area in nearby Waterloo to process and house the arrested workers. Among people at the fairgrounds and in Postville, “there is a lot of fear,” said Prof. Mark A. Grey, who focuses on immigration at the University of Northern Iowa.

“It’s absolutely devastating to the local economy,” Professor Grey said.

In a news release, Matt M. Dummermuth, the United States attorney for the Northern District of Iowa, called the sweep “the largest operation of its type ever in Iowa.”

Federal authorities have been conducting workplace raids across the country in recent years, with the pace accelerating since the failure of immigration legislation last year in Congress.

The raid had been planned for months and was conducted in coordination with local law enforcement, according to the news release, released jointly by Claude Arnold, special agent in charge for the ICE regional office in Bloomington, Minn.

Calls to AgriProcessors, a global giant in the kosher meat market and the major employer in Postville, a town of 2,200 people, were not answered. A lawyer for the plant did not return a call.

According to a company Web site, Aaron Rubashkin, whose family controls the plant, bought a defunct meat factory in Postville in 1987 and turned it into the present plant.

According to Menachem Lubinsky, the editor of Kosher Today and a marketing consultant, AgriProcessors provides 60 percent of the kosher retail meat and 40 percent of the kosher poultry nationally, and most retail chains depend on it for supply. Mr. Lubinsky said the company was also the sole American packing plant whose products are accepted in Israel.

The raid was not the first moment in the national spotlight for the plant. In 2004, it was asked to change its slaughtering methods after an animal rights group secretly documented workers cutting the throats of living steers and letting them bleed to death.

The company has also been a target of environmental pollution complaints.



As of today, the Postville meat plant is supposedly back to production and a story carried on VIN squashed rumors that the OU is withdrawing it's hechsher.

My real question is how you lose so much of your labor and continue production without either a loss of volume or quality? The employees that were taken away were likely the non-skilled labor (in kashrus) and support staff. So even if the numbers of "shochets" haven't changed, who will do all the labor to support the slaughter operations?

The units likely impacted (my best guess) is animal movers, cleaning, packaging, shipping, custodial, etc. If so, who is going to make sure that meat is processed and stored correctly and in a timely fashion, packaged correctly and not contaminated waiting to be worked on? I am not familiar with kashrus plant processing operations so I am asking these questions as a concerned consumer. Certainly the USDA will be watching, so some of this concern may be mitigated.

In any event, if the reader made it through the NYT article above you should be laughing. Did you catch this gem:
In 2004, it was asked to change its slaughtering methods after an animal rights group secretly documented workers cutting the throats of living steers and letting them bleed to death.

For those not familiar with kosher slaughter you may not be smiling now. For the rest of us, a good laugh after this embarrassing story doesn't hurt.

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12 May 2008

Agriprocessors Inc Raided by ICE - from Yeshiva World News

BREAKING: Agriprocessors Raided By US Immigration Police, 700 Estimated Arrested

According to The Des Moines Register, US Immigration officials are currently raiding the nations largest Kosher meat-packaging plant, Agriprocessors Inc., located in Postville, Iowa. Agents with U.S. Immigration and Customs Enforcement on Monday issued criminal search warrants for aggravated identify theft and fraudulent Social Security numbers.

Agency spokesman Tim Counts told the Waterloo-Cedar Falls Courier that civil search warrants also were issued for illegal immigrants, and agents and medical professionals are evaluating those who have been arrested.

Immigration officials told aides to U.S. Rep. Bruce Braley that they expect 600 to 700 arrests. About 1,000 to 1,500 people work at the plant, according to Iowa Workforce Development.

Earlier this morning, a helicopter hovered over the scene, and a number of agents formed a perimeter around the Agriprocessors facility. Vehicles from ICE and at least eight cars and vans from the Iowa State Patrol were at the plant. There were also reports of two moving vans at the scene, along with an ambulance and two black Chevrolet Suburbans. Additionally, four Homeland Security buses with U.S. Immigration and Customs tags on them have entered the Agriprocessors Inc. complex.

Further details will be posted by YWN as soon as an offical statement is issued.



With a sense of shame I ask, what is a good definition of Chillul HaShem? I can defend Agri against the PETA idiots. I can brush off comments about working conditions. I cannot ignore allegations of facilitating identity theft. One of the APRPEH blog missions is to educate about ID Theft. There are far too many people whose PII (personal identifying information) is being used to facilitate identity theft. I surely hope that Agri can be cleared here, but given the Swift meat raids in 2006, still in the courts, Agri is looking at significant legal bills and possibly jail time for executives or managers.

Not all ID theft is related to new account fraud. Actually according to the FTC (FTC data), only about 20% - 25% of ID Theft is related to fraud one would uncover reading a credit report. Employment fraud is a troublesome sort of ID Theft to clear up. A victim becomes aware of this type of fraud usually by the IRS after receiving a notice of failure to report earnings along with a notice to pay what they owe along with a penalty. I have assisted consumers through this mess of IRS and Tax Payer Advocate contacts a number of times. Consumers can continue year after year having to deal with this problem which often delays refund checks and forces the consumer to spend hours on the telephone talking to the IRS, visiting offices, making copies and mailing off disputes. Usually, the problem is correctable provided a consumer knows what to do or has professional assistance. In terms of Agriprocessors Inc, the least worst scenario is that someone or job company was feeding "pre-screened" employees to them.

The second to worst scenario is that Agriprocessors Inc is providing the IDs to these workers or can be shown to be giving a wink and nod to the practice essentially helping to facilitate fraud. The third worst scenario, (or in combination) is the voluntary giving over of IDs by select consumers for Agriprocessors Inc.'s use. This is pure theorizing on my part only and I have NO inside knowledge as to what is occurring at Agri nor is it intended by me to appear that I do or as Loshon Hara. I am merely sharing my professional experience of cleaning up the mess of employment based ID Theft.

Agriprocessors Inc., if guilty of facilitating ID Theft may be finished, which is shame and definite loss to the kosher consumer.


Des Moines Register story 'largest in Iowa history'

Shamis story

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09 December 2007

Identity Protection Shopping

Lifelock Vs TrustedID

By Puripong Koomsin

Each year, the cost of Identity Theft amounts to over 50 Million US Dollars and these numbers are steadily rising. Identity theft has been one of the most expensive crimes in the United States, costing both the government and individuals such a huge amount of money. Even though the crime is rising in numbers, most people still think that it may just be a result of isolated cases that have been blown out of proportion by the government and agencies that tend to gain from them.

That may seem like a convenient reality, in which one does not have to face the facts that everyday, a significant number of Americans are affected by Identity Theft all over the country. With cases and awareness growing, more and more firms offering protecting against identity theft are also popping up. Two firms that offer Identity Theft Protection Services are Lifelock and TrustedID. These firms claim to help their clients by informing them once their credits have been breached. So, how is each one different from the other? How does a prospective client know which firm is best for him?

Lifelock is a company that is based in Arizona. They offer their services for a monthly fee of $10 and an annual fee of $110. This company protects their clients by setting up fraud alerts with their client's creditors as well as removes a client's name from the mailing lists of pre-approved credit cards and junk mail. The company has become controversial in a way because of on one of their ads, CEO Todd Davis gives out his Social Security Number claiming that he is confident on how Lifelock works. Such an action has resulted in his number being hit several times by pranksters trying to prove that the Lifelock system is not as fool proof as they advertise it to be. In one scenario, a fraudster was able to solicit $500 from a credit company that did not check with Davis' credit history. This resulted in a blow for the company, but they claim that they have recovered and still have the clients that they used to and even more.

Another firm that is in the Identity Theft protection business is that of TrustedID. Unlike Lifelock, TrustedID takes a more curt approach when it comes to dealing with new accounts in their client's name. Instead of a simple monitoring of the account, TrustedID proceeds to freeze a client's account until the client verifies the fact that the new set up is valid or not. Like Lifelock, TrustedID also offers to remove a client's name from junk mailing lists. The company charges it clients $12.95 a month for their services.

So which is better: Lifelock or TrustedID? The answer to such query solely depends on the consumer. The two agencies work on a similar field with only a slight difference when it comes to the way they deal with breaches and new accounts instituted in a client's name. But, no matter what a firm may offer, an individual does not have to pay extra for the credit protection. The solution to that is for credit card agencies to make their process of freezing as well as unfreezing accounts easier for their users. This way, a client may be able to protect himself against Identity Fraud without using the services of any Identity Theft Protection agencies.




The writer of the above article is comparing services offered by two companies to which a consumer pays an on-going fee and the company provides a service for the consumer which is either free to do on their own or upon paying a moderate fee, can be implemented without too much effort.

Both companies are literally banking their money on the back of the Fair and Accurate Credit Transactions Act, (FACTA) which was an amendment to the Fair Credit Reporting Act (FCRA).

15 U.S.C. § 1681
§ 605A. Identity theft prevention; fraud alerts and active duty alerts
(a)One-call Fraud Alerts
(1)Initial alerts. Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who asserts in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, a consumer reporting agency described in section 603(p) that maintains a file on the consumer and has received appropriate proof of the identity of the requester shall--

(A)include a fraud alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, for a period of not less than 90 days, beginning on the date of such request, unless the consumer or such representative requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requester for such purpose; and

(B)refer the information regarding the fraud alert under this paragraph to each of the other consumer reporting agencies described in section 603(p), in accordance with procedures developed under section 621(f).


The credit repositories, Equifax, Trans Union, and Experian are required by federal law to place a "fraud alert" on a consumer's credit file for no less than 90 days for free for as long as the consumer wishes to retain them. The fraud alert is placed by calling one of the credit bureaus at:

Equifax
888-766-0008

Experian
888-397-3742

TransUnion
800-680-7289

For most people, one call is enough to activate the alerts at all three credit bureaus. Exceptions would be people who have moved recently, have changed a piece of identity recently, (name or SSN) or alternate between a PO Box and other address.

The only catch is for the consumer to call every 90 days to renew the alerts. In addition to the alert statement being placed on the credit report, the alerts entitle a consumer to a free credit report. Reports are limited to two every 12 months. However, a carefully planned credit screening schedule could be arranged so that the consumer requests one report every two months. Add to this the annual credit report disclosure which gives a consumer one free report per 12 months from each bureau and a consumer can have up to nine (9) free credit reports per year! A schedule such as this, while not perfect is pretty effective to determine whether or not an identity theft attack is underway. Credit monitoring would be the best way to watch the credit reports but most effective when it is triple bureau monitoring.

Having said all that, new account related identity theft is only between 25%-30% of all identity theft, with utility and telecommunication based identity theft picking up a sizable amount of the difference. Medical, employment and criminal identity theft also add to the total. Most of these types of fraud are not prevented by the presence of fraud alerts on a credit report. Both of the above companies stake their business on managing the fraud alert process for consumers and therefore a consumer should not go to bed at night thinking that Lifelock or TrustedID will keep the ID Theft monster out of their nightmares.

As far as the opt out process advertised by TrustedID, a consumer can use the available internet resources here assembled by the Privacy Rights Clearinghouse.

Credit Freezes

TrustedID sells a product called "IDFreeze". The company claims for $7.95 a month, the consumer can let TrustedID intervene in freezing and thawing their credit report in the states where credit reports are available. However, recent changes in operating procedures at the big three bureau now makes credit freezes available to all US consumers even in the states where credit freeze laws have not been passed. The bottom line, the consumer is again paying for a manager not a magician. Freezes can be implemented by the consumer simply by going online to the bureaus websites and following the instructions to mail in a written request, id documents and a check, voila - a credit freeze until the consumer wishes to thaw it. APRPEH wrote about the new credit freeze option in November.

See a list of state specific identity and credit related laws here.

My name is Todd Davis
My social security number is 457-55-5462
I'm Todd Davis, CEO of LifeLock, and yes, that’s my real social security number*. Identity theft is one of the fastest growing crimes in America, victimizing over 10 million people a year and costing billions of dollars. So why publish my social security number? Because I’m absolutely confident LifeLock is protecting my good name and personal information, just like it will yours. And we guarantee our service up to $1 million dollars."


As for Lifelock, the article's writer left out a few notes of interest. He mentioned CEO Todd Davis had become a victim of identity theft. This is true. What he failed to mention is that Lifelock found out who the perpetrator was and seeking to capitalize on the publicity of how the crime took place, botched the police investigation which was subsequently dropped. Hurray for law and order. The writer failed to mention entirely that the co-founder of Lifelock, Robert Maynard was forced to step down due to ethical and legal problems related to his previous business in the credit world. APRPEH discussed this back in June of 2007.

As far as insurance goes, one could suppose it's not such a bad thing. The average consumer that resolves their own identity theft matter spends less than $500 out of pocket. This is the amount that could be claimed under the insurance policy. The consumer must weigh the cost of the premium for the insurance versus the likelihood of 1) needing the insurance and 2) spending more than the expected average in the event of an identity theft problem. Probably not a good idea.

The best bet for a consumer who wants id theft protection is to keep alerts on their credit file, subscribe to triple bureau monitoring and possibly subscribing to one of the services that offers real protection for a consumer in the event that an identity theft event should happen. Don't shop for an advisor or advocate but for someone who will actually work your id theft matter for you in the way an accountant does your taxes for you. For many consumers, no services are necessary. Contrary to what is normally printed, it is not that hard to re-establish your identity with a police report and early discovery. Shop carefully.

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What Words Offend Arabs? The Truth.

Children's Poetry Booklet Recalled After Arabs Complain
(Israeli censorship kowtows to Arabs.
When Will We Tell The Truth Without Fear)

(IsraelNN.com 7 Sivan 5768/June 10, '08) Ynet's web site and Arab complaints against a ten-year-old boy's poem about terrorists has resulted in the recall of all of the Nes Ziona municipality's children's poetry booklets.

Ynet boasts that its coverage of the poem resulted in its being recalled.

The text of the poem (Ynet's translation):

Ahmed's bunker has surprises galore: Grenades, rifles are hung on the wall. Ahmed is planning another bombing!What a bunker Ahmed has, who causes daily harm.Ahmed knows how to make a bomb. Ahmed is Ahmed, that's who he is, so don't forget to be careful of him.We get blasted while they have a blast!Ahmed and his friends could be wealthy and sunny, if only they wouldn't buy rockets with all their money.

Poetry competition director Marika Berkowitz, who published the booklet, was surprised at the protests and told Ynet: "This is the boy's creation and this is what he wanted to express. Of course there should be a limit, but I think the there is no racism here. 'Ahmed' is a general term for the enemy. These are the murmurings of an innocent child."

The Education Ministry told Ynet: "The local authority that published the booklet should have guided the students in a more correct manner through the schools. The district will investigate the issue with the local authorities."
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