From Deseret News archives:
Reduced sentences criticized in ID thefts
During a hearing for the first of 15 plant workers indicted on identity theft to be sentenced in federal court, U.S. District Judge Paul Cassell questioned why the U.S. Department of Justice was offering sentences of a year and a day for Swift suspects when other illegal immigration suspects charged with aggravated identity theft, not related to the raid, face a minimum-mandatory sentence of two years.
Cassell said he felt "uncomfortable" with having federal prosecutors offering a plea deal exclusive to Swift workers while similar cases handled out of the U.S. Attorney's Office do not benefit from such an offer. "I just want to make sure everyone is treated fairly," Cassell said.
Assistant U.S. Attorney Michael Kennedy said the U.S. Department of Justice has directed all federal prosecutors involved in the multistate Swift raids last December to not pursue aggravated identity theft and the two-year mandatory sentence. When asked by Cassell for a reason why the Department of Justice is offering this special "fast-track" deal, Kennedy said he could not answer under "executive privilege."
"You mean the Department of Justice will not give out justification in open court?" Cassell said.
In court, 40-year-old Juan Ocampo-Ocampo agreed to serve one year and a day. In exchange, Ocampo-Ocampo agreed never to enter the United States again.
Shedding tears, Ocampo-Ocampo said through a Spanish interpreter had he known how much trouble he would get in for using a stolen Social Security number on his Swift employment application, he would have never come to the United States.
His attorney, Benjamin McMurray, said his client came to the United States for the sole purpose of earning money to help support his mother and four children back in Mexico.
"My children and my parents depend on me," Ocampo-Ocampo told Cassell. "I am by myself" in this country.
Despite his concern, Cassell accepted the plea agreement and sentenced the man to a year and one day.
Ocampo-Ocampo is one of 15 people indicted for using stolen personal information. Others are charged with dealing stolen personal information to other Swift employees.
Federal agents raided the plant, located in Hyrum, arresting a total of 145 people. The raid was part of an overall immigration crackdown on Swift plants in Utah, Texas, Colorado, Nebraska, Minnesota and Iowa, which led to the arrest of about 1,282 people.
