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Case 3: U.S. v. LaGrou Distribution Systems, 466 F.3d 585 (7th Cir. 2006) (Melvin, 3rd Ed., p. 700) (Chap 22) LaGrou's warehouse in Chicago stored

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Case 3: U.S. v. LaGrou Distribution Systems, 466 F.3d 585 (7th Cir. 2006) (Melvin, 3rd Ed., p. 700) (Chap 22) LaGrou's warehouse in Chicago stored frozen meat for various food companies in the region and its cold storage facility had a severe rodent problem. Evidence indicated that Stewart, president of LaGrou, knew of the rat infestation for a period of three years and instructed employees to keep catching rats but refused to perform a full extermination because he determined that it would be too expensive. Testing by federal and state health agencies confirmed adulteration of food products, including rodent gnawing, rodent hair, and rodent feces on several products in LaGrou's warehouse. Stewart was charged with violating federal criminal laws prohibiting the sale of adulterated meat and he defended he did not have the requisite knowledge for criminal liability because he had no actual knowledge of any specific meat contamination.1. Stewart cannot be found guilty of violating federal criminal laws prohibiting the sale of adulterated meat unless the evidence demonstrates his guilt beyond a reasonable doubt. 2. Stewart has been convicted of a victimless crime, because there is no direct victim but public health and safety are jeopardized. 3. Stewart cannot be convicted of the crime of sale of adulterated meat unless the evidence establishes both the mens rea and actus reus elements of the crime. 4. Stewart has been convicted of selling adulterated meat, a federal common law crime. 5. As a separate business entity, LaGrou Distribution systems cannot be convicted of criminal conduct under the Model Penal Code

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