- Rubicon Contracting seeks a second Franks hearing on federal investigation conduct.
- They demand return of seized property and sanctions against involved officials.
- Rubicon alleges false statements were rehashed for warrant in closed federal probe.
SALT LAKE CITY — The owners of a Davis County general contracting company once accused of labor trafficking are calling for a second Franks hearing, this time in regard to how the recently closed federal investigation was conducted.
On Monday, Rubicon Contracting LLC and its owners, Rudy Larsen and Jena Larsen, announced a motion filed in federal court calling for property seized from Rubicon — such as computers and file servers — to be returned and for sanctions to be imposed against the Department of Homeland Security agent and federal prosecutor responsible for the federal warrant.
"As the United States approaches its 250th year, it is helpful to remember the reason why our nation exists — to escape the tyranny of an unaccountable monarch and establish a limited government 'of the people, by the people, and for the people.' So, when government actors make false statements and/or knowingly omit material facts in an ex parte application to search and seize personal property, there must be consequences, especially when the government actors are doubling down on nearly identical misconduct already committed in a state court," the motion states.
In November 2023, the founders and five executive members of Rubicon Contracting were charged with multiple counts each of aggravated human trafficking by the Utah Attorney General's Office. The group was accused of recruiting about 150 people from Mexico to work for the company using H-2B visas. But once in Utah, charging documents alleged that the victims were paid very little and forced to live in deplorable housing provided by Rubicon, while also being forced to pay rent under the threat of deportation.
But in July 2024, 2nd District Judge Rita Cornish granted the defense's motion for a Franks hearing for five of the 10 search warrants in the case. A Franks hearing is held when investigators are accused of making false statements or significant omissions in their affidavit used to obtain a search warrant and seize evidence.
Following a contentious preliminary hearing in December 2024, while awaiting the judge's decision on whether the state had met its burden to proceed to trial, the Utah Attorney General's Office asked that the charges be dismissed due to a pending federal investigation.
In October, Rubicon filed a $1 billion civil lawsuit in federal court against then-Utah Attorney General Sean Reyes and several of his staff members, claiming the team "conspired to manufacture bogus criminal charges" against the company.
Last week, it was announced that the federal investigation into Rubicon had been closed with no charges being filed.
But in its new motion, Rubicon contends that much of the false information that was thrown out during the first Franks hearing was used to obtain a search warrant for the federal investigation.
"This motion now presents what may be without precedent in federal practice: a second Franks challenge against the same investigation, the same targets, and the same seized property — made necessary only because (federal investigators) recycled the very same false statements a state court already found substantial evidence showing they were fabricated into a new warrant and concealed that holding from the issuing magistrate," the court filing states, while also adding that the lengths to which "the prosecution team went to cover up the collapse of its state case are extraordinary.
"There never was an independent federal investigation," the motion contends. "The only people involved in the allegedly independent federal investigation were (Department of Homeland Security agent Jared Hatch and special assistant United States attorney Kaytlin Beckett) … both of whom were part of the Utah attorney general's SECURE Strike Force that investigated and prosecuted the failed state criminal case."
Rubicon is now calling for sanctions to be levied against Hatch and Beckett.
"Casting aside their heightened duty to be truthful in an ex parte process, they abused the tremendous power with which they were entrusted, including the requirement for unequivocal candor to the court. Sanctioning them will make clear that this court upholds the founding principles of this nation," Rubicon stated.
A judge will now decide whether to grant a hearing on whether the federal warrant was obtained through false statements and omissions.
