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 By a 2-1 vote, the 8th U.S. Circuit Court of Appeals in St. Paul,
Minnesota said prison time was appropriate for Austin "Jack"
DeCoster and his son Peter for negligently failing to prevent the
outbreak, which sickened thousands.
The DeCosters pleaded guilty in June 2014 to selling contaminated
food across state lines, a misdemeanor.
Federal guidelines recommended up to six months in prison, but the
DeCosters said no time was appropriate because they had not known
their eggs were contaminated at the time of shipment.
Writing for the majority, however, Circuit Judge Diana Murphy said
the three-month terms were "relatively short" and did not violate
the DeCosters' due process rights, and the convictions did not
gravely damage their reputations.
"Congress recognized the importance of placing the burden on
corporate officers to protect consumers who are wholly helpless from
purchasing adulterated food products which could make them ill,"
Murphy wrote. "The public has a right to expect a heightened degree
of foresight and care."
Wednesday's decision upheld punishments imposed in April 2015 by
U.S. District Judge Mark Bennett in Sioux City, Iowa.
Circuit Judge C. Arlen Beam dissented, finding no proof that the
DeCosters were negligent or "infected with a guilty mind."
Lawyers for the DeCosters did not immediately respond to requests
for comment. The U.S. Department of Justice did not immediately
respond to a similar request.
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Once among the nation's largest egg producers, Quality Egg paid a
$6.79 million fine in the case, after pleading guilty to charges
including selling mislabeled eggs and bribing a U.S. Department of
Agriculture inspector.
The U.S. Centers for Disease Control and Prevention has linked 1,939
illnesses to the 2010 outbreak, and estimated that 56,000 people may
have been sickened.
Murphy said an August 2010 inspection of Quality Egg operations in
Iowa uncovered live and dead rodents and frogs in laying areas, feed
areas and conveyor belts, as well as outside.
The cases are U.S. v. DeCoster, 8th U.S. Circuit Court of Appeals,
Nos. 15-1890 and 15-1891.
(Reporting by Jonathan Stempel in New York; Editing by Tom Brown)
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