DES MOINES, Iowa (AP) – A father and son whose Iowa-based egg production company caused a massive 2010 salmonella outbreak have exhausted their appeals and a federal judge has ordered them to begin serving prison sentences.
The U.S. Supreme Court declined in May to hear the appeals of Austin “Jack” DeCoster and his son, Peter DeCoster, without comment. Both have been sentenced by U.S. District Judge Mark Bennett to serve three months in prison. The sentences jarred the food and drug manufacturing industry because it’s rare that corporate officials are held personally responsible for an outbreak of foodborne illness.
Business groups, including the National Association of Manufacturers, the Pharmaceutical Research and Manufacturers of America and the libertarian Cato Institute think tank filed friend-of-the-court briefs backing the DeCosters’ appeal of their sentences. The groups argued that it is unfair to send corporate executives to prison for violations that they were either unaware of or that were committed by subordinates. The groups said it’s highly unusual to attach a criminal penalty and prison time to executives when there is no proof of intention or knowledge of wrongdoing.
“This sanction will slow business growth and innovation,” said Ilya Shapiro, a senior fellow in constitutional studies at the Cato Institute.
Bennett in his 68-page sentencing opinion filed in April 2015 concluded that prison time was necessary to deter officials from marketing unsafe food.