This article appeared in the Sunday Des Moines Register. It amazes me how one can be convinced to "do things better and right" when faced with a federal prison sentence. (Of course, evidence remains to be seen...) http://desmoinesregister.com/business/stories/c4789013/22134575.html --- DeCoster attempts to remake his image By MARK SIEBERT Register Staff Writer 08/31/2003 Clarion, Ia. - Most Iowans know the notorious Jack DeCoster. He's the big-time egg and hog producer who just pleaded guilty to federal immigration charges and paid a record $2.1 million in penalties. He's a "habitual violator" who's banned from building more hog confinements in Iowa after repeatedly breaking environmental laws. He's the one whom nobody wanted to be associated with in last year's gubernatorial race between Tom Vilsack and Doug Gross. He's the one who's paid millions in fines for transgressions at his egg-production plants in Maine and his Iowa egg and hog operations. But what if he changed his ways? What if he's made an about-face? Austin Jackson DeCoster, 68, earlier this month told U.S. District Judge Mark Bennett - a judge who could send him to federal prison - that he's changed. "I have worked very hard in the last few years now to do things better and right," DeCoster said, according to one report. An unusual collection of supporters are behind him. They back DeCoster's contention of a changing attitude. DeCoster hired former Iowa attorney general and gubernatorial candidate Bonnie Campbell to make sure he follows through on the terms of a $1.5 million settlement reached with the U.S. Equal Employment Opportunity Commission. The agency sued DeCoster in 2001 on behalf of Hispanic women who alleged they were raped and sexually harassed at his egg plants in Clarion. Des Moines attorney and influential Democratic Party donor Jerry Crawford has been added to DeCoster's legal team. An advocate for migrant workers in Maine - who helped sue DeCoster to improve working conditions there - now vouches for the man. Ben Guiliani said he has been at odds with DeCoster before. But he said he'd seen an about-face. "It's a new day, and I think it comes from Mr. DeCoster down," Guiliani said last week from Maine. "I can go to the farm unannounced. I can go to offices, to a plant, to a barn, and nobody will give me any trouble for doing it." In May, U.S. Attorney Charles Larson filed two misdemeanor charges against DeCoster for helping hire employees between 1997 and 2002 that he knew were not authorized to work in the United States. One of the counts involved Ramiro Salgado-Izquierdo, a crew chief at one of DeCoster's egg plants who went by the name "Virus." Virus was among the more than 100 undocumented workers rounded up by immigration agents in raids in 2001 and 2002. According to court documents, Virus told undocumented workers to hide out in DeCoster plants for two nights to avoid detection. DeCoster's culpability, the government said, was not in the hiring practices but in failing to act when he learned his labor force might be composed of people not authorized to work in this country. DeCoster pleaded guilty Aug. 8 in Sioux City. He also agreed to pay a $1.25 million civil forfeiture and $875,000 in restitution to the federal Bureau of Immigration and Customs Enforcement. It's the largest immigration penalty ever paid in Iowa. Assistant U.S. Attorney Judith Whetstine urged the judge to consider DeCoster's cooperation at sentencing. He could be sent to federal prison for six months on each count. "Defendant, as primary decision maker in his various business interests, agreed to a separate pretrial diversion agreement to ensure execution of the compliance program," Whetstine said. The compliance program will be five years - longer than normal, she said. Immigration agents will be allowed to enter egg production facilities without a search warrant and without notice. Whetstine said it could be a model for other agribusinesses. Plenty of skeptics remain. Asked if DeCoster had changed his ways, Hancock County resident Gloria Goll replied, "Well, it's news to me." Goll lives on a farm near Klemme that is in the shadows of a DeCoster confinement building. She's party to a nuisance lawsuit against the operation. Even if run correctly, Goll said, large-scale confinements reduce the quality of life for those living nearby. The confinements smell, attract flies and produce large amounts of manure that residents worry will seep into drinking water. "I just think there's a better way to raise animals than in a confinement," she said. Karen Wolf is an attorney who successfully sued DeCoster in Maine for alleged racial discrimination in housing and working conditions. The class-action lawsuit was brought on behalf of the Mexican government and about 1,000 Mexican laborers - who were awarded $3.2 million in a settlement. Wolf said DeCoster's Maine operation appeared to be improving. "I also think, though, that he's had a long history of violations and a long history of not treating workers properly," Wolf said. "It's going to take a long time of watching and of the Mexican government going into the farm for inspections to make sure his commitment is going to be long-term. "I just don't think we have enough time behind us to know the answer exactly." DeCoster has rarely spoken to the media. He declined to comment for this article through one of his attorneys, F. Montgomery Brown of Des Moines, who said DeCoster would wait until after sentencing if he comments publicly. Despite his well-publicized troubles, DeCoster remains mostly a mystery in Clarion. He moved here in the early 1990s from Maine, where he built a multimillion-dollar poultry empire started with 125 chickens given to him as a teen by his father. Today he's one of the nation's largest egg producers and also a player in Iowa's pork industry, with confinement operations concentrated in Wright and surrounding counties. He employs about 350 people in Wright County and has developed a reputation as a tough, old-school businessman. But DeCoster is seen only sporadically in Clarion, eating at the Pizza Ranch or driving to his office. In a deposition filed in Wright County District Court, an attorney tried to establish DeCoster's exact address. Attorney: "Is it rural route or another identification for your location, residence please?" DeCoster: "Southern, southern Clarion." Attorney: "You have no - what's your mailing address for your home?" DeCoster: "I don't know." Attorney: "You have no idea?" DeCoster: "Nope." According to records, DeCoster and his wife, Pat, do have a home in the southern part of town, a simple one-story house with neatly kept flower beds. His company's office is a small, unmarked brick building southeast of town. There is evidence he's become a more visible part of the community. This weekend, DeCoster Farms will host its second community breakfast. Residents are fed eggs and sausage and offered tours of the operations. In recent years, DeCoster also has donated money or supplies for building projects at the hospital, the school and the city's new skateboard park. Beth Severson said DeCoster pledged $30,000 and provided concrete for a playground at Clarion-Goldfield schools, a fund-raising project she helped organize. "He is really trying to help out in the community," Severson said. But with his track record, remaking his image could be difficult. The state declared DeCoster a habitual violator of environmental rules in 2000 for repeated manure discharges, mostly at his farms in Wright County. It was one of a long list of transgressions over the past decade - hiring undocumented workers, subjecting workers to unsafe conditions, causing environmental damage - that have cost DeCoster at least $9 million in fines and penalties. One of his attorneys, William Smith of Des Moines, said his client had made a significant effort to improve. "He could be a saint tomorrow, and he wouldn't get any credit for it," Smith said. Smith said that the rape allegations brought by the Equal Employment Opportunity Commission were a watershed moment for DeCoster, who has been described as a devout Baptist. "He was personally offended by the accusations," Smith said. Wolf, the attorney from Maine, is unsure of the motivation. "Do I think that he's had a major philosophical catharsis?" Wolf asked. "Probably not. But I think he's a pretty savvy businessperson. I think that's what is most important to him." The judge in the immigration case delayed sentencing so he could review DeCoster's cooperation with authorities. A business associate of DeCoster's who pleaded to similar charges was sentenced to four months in prison. DeCoster's sentencing is now scheduled for Feb. 13. ------------------------ Recent notoriety Here's a timeline of Jack DeCoster's recent troubles: AUGUST 2003: A.J. "Jack" DeCoster pleads guilty in U.S. District Court to charges he aided and abetted in the practice of hiring workers he knew were not authorized to work in the United States. He also agreed to pay $2,125,000 in civil penalties. U.S. District Court Judge Mark Bennett ordered DeCoster released pending sentencing. The maximum sentence would be six months in jail with no parole, a fine of $3,000 per employee in the country illegally, and a year of probation. SEPTEMBER 2002: DeCoster Farms reaches a settlement with the U.S. Equal Employment Opportunity Commission over charges Hispanic women working at egg production plants in Wright County were raped, sexually harassed and threatened. DeCoster admitted no wrongdoing, but did agree to a $1.53 million settlement. SEPTEMBER 2002: During the Republican gubernatorial primary, one of Doug Gross" opponents, state Rep. Steve Sukup, tried to link Gross to DeCoster. The controversy was fanned by the minutes of a 1990 Hardin County Board of Supervisors meeting that identified Gross as DeCoster's legal representative. JUNE 2002: DeCoster Egg Farms reached a $3.2 million settlement with the Mexican government and migrant workers who sued the operation alleging racial discrimination in housing and working conditions. APRIL 2001: DeCoster, a repeat violator of Iowa's environmental laws, can finance, but not build, hog confinement operations for his son, the Supreme Court rules. The ruling stems from a lawsuit filed by the Iowa attorney general to block DeCoster from financing and building hog confinement operations run by Midwest Pork, a company owned by his son and daughter-in-law. JUNE 2000: DeCoster agrees to pay $150,000 in fines to settle two environmental violations, the largest ever levied against a livestock producer in Iowa. Because of the violations, DeCoster is classified as Iowa's first habitual violator of environmental laws, a status that can bring high fines and loss of construction permits through October 2004. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Make your voice heard! Find out how to get Take Action Alerts and other important Sierra Club messages by email at: http://www.sierraclub.org/email