Source: Tom Johnston, MEATINGPLACE, 7/1/16


Midamar Corp. executives convicted in federal court of falsely labeling meat products are appealing on their contention that such a determination is the USDA agriculture secretary’s call — not that of the court.

Lawyers for William Aossey Jr., his son Jalel Aossey and Midamar Corp., their family business based in Cedar Rapids, Iowa, have filed a joint appeal with the 8th Circuit U.S. Court of Appeals. They cite a “conclusive exception” to district court jurisdiction for criminal charges involving “false labeling” under the Federal Meat Inspection Act. Such charges, they argue, fall under the jurisdiction of USDA’s top boss.

“Those cases are committed to the decision-making expertise of the Secretary of Agriculture, and as the U.S. Attorney has noted, the exception is narrow,” the appellants’ argue in their consolidated reply brief. “As he also has noted, the sanctions available to the Secretary for charges of false labeling are 'conclusive.’”

The appellants want their judgments set aside and indictments dismissed, according to their consolidated reply brief.
The Aosseys are appealing criminal convictions handed down in July 2015 on the court’s determination they were falsifying documents to represent beef products as halal in order to qualify them to ship to customers in Malaysia and Indonesia.

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