A man who employed illegal aliens at his Benton County dairy farm was sentenced on April 21, 2011, to probation. His business was ordered to pay over $100,000.00 in financial penalties.
Kenneth Birker, age 62, of rural Vinton, received the sentence after a January 10, 2011, guilty plea to one count of engaging in a pattern or practice of knowingly employing illegal aliens. Also on January 10, 2011, Kenneth Birker entered a guilty plea on behalf of his business, Birker, Inc., to one count of harboring illegal aliens for commercial advantage or financial gain.
In a plea agreement, Birker admitted he knowingly employed three illegal aliens at his dairy farm. In November 2001, as the president of Birker, Inc., Birker hired a husband and wife who were illegal aliens. In May 2004, Birker hired a third illegal alien who was a family member of the others. During their employment, Birker learned the husband and wife had illegally entered the United States from Mexico and were undocumented. He also learned the three employees did not have drivers’ licences and they were rejected by Birker, Inc.’s health insurance provider because their identities could not be confirmed. In late 2004, Birker met with an immigration attorney hired by the husband and wife and agreed Birker, Inc. would assist the husband and wife in attempting to legalize their status.
Both Kenneth Birker and Birker, Inc. were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. Kenneth Birker was sentenced to one year probation. Birker, Inc. was sentenced to 1 year probation and ordered to pay a fine of $32,000.00 and forfeit an additional $118,000.00.
The case was prosecuted by Assistant United States Attorney Peter Deegan and was investigated by Homeland Security Investigations, the Vinton Police Department, and the Benton County Sheriff’s Office.
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