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Iowa - Rubashkin Files Motion For Acquittal, New Trial on Federal Charges

Published on:   November 20, 2009 01:50 PM
News Source:  Gazette Online
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Iowa - Former Agriprocessors vice president Sholom Rubashkin filed a motion today in U.S. District Court for an acquittal on the 86 counts he was convicted of last week, and is also asking for a new trial on those charges.

The motion contends there was insufficient evidence to sustain the conviction on the bank fraud, money laundering and other charges. Reasons cited in the brief include:

  * Evidence presented in trial in regards to the non payment of livestock didn’t prove Rubashkin was responsible for the checks issued to cattle suppliers.
  * The government didn’t prove the alleged laundering involved “proceeds” as required for a conviction. Rubashkin didn’t retain any profits, it all went to expenses, according to the motion.
  * Merging the money laundering counts as part of the underlying frauds and false statements to the bank doesn’t meet the legal criteria for merging those counts.
  * The conviction on more than one count of bank fraud violates Rubashkin’s right against double jeopardy for multiple convictions for the same act.

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Rubashkin, 50, former vice president of Agriprocessors, was convicted by a Sioux Falls, S.D., jury of 86 counts of bank, wire and mail fraud, non payment of livestock, making false statements to a bank and money laundering. The charges stem from the May 2008 immigration raid at the Postville meatpacking plant.


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1

 Nov 20, 2009 at 01:29 PM jax Says:

Well. Finallyt a bit of good news here. I was beginning to think we didnt have a leg to stand on. I hope his appeal is sucessful and if so, the government pay his legal fees for this vicous and malicous prosecution. amen

2

 Nov 20, 2009 at 01:22 PM Anonymous Says:

barach hashem were starting to see good already and our tefilos are being answerd

3

 Nov 20, 2009 at 01:14 PM make up youre mind... Says:

the press is confused. sometimes they refer to him a Vice President and sometimes a CEO.....

where do they get their info from? do THEY get to decide what his position was?

4

 Nov 20, 2009 at 01:11 PM Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

5

 Nov 20, 2009 at 01:11 PM Hatzlochah Says:

May Hashem bless him and his family with a abundance of blessings. In a revealed way!!!!!!!!!!!!!

6

 Nov 20, 2009 at 01:09 PM mendy Says:

I wish Sholom Mordechai lots of Hatzlocho, may he be immediately freed.

7

 Nov 20, 2009 at 02:19 PM Moish Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

You know good and well that is not what people are saying.

They are saying he's a very good man (who might have made some mistakes). They are saying that this man has done many extraordinary good things. In Judaism we look at the entire person, not just one episode of their life.

They are saying that first this whole "scandal" was about the horrible crime of employing illegals, etc, with that excuse they were raided like it was the mob's headquarters, then it turns out that he is not even brought on trial on those charges, but on others that only developed post raid. (And these are painted to look much worse ["massive fraud!"] than they were. No, they are not making excuses).

They are saying that we have an extreme overzealous prosecution who seems to be trying to prove that the government's extreme raid action was justified, as they'd have you believe this is worse than Gotti, Maddoff, and Enron.

8

 Nov 20, 2009 at 02:06 PM Anonymous Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

So you think that any Godal Batora wil pasken That R Shalom has to sit 5 or much more than that and no Appeal should be made because those who brought the charges are those who have the Love of Jews in their mind ???
I for one beleive he will be successfull in his appeal hopefully quicker then later.
He might want to change his attorney.

9

 Nov 20, 2009 at 02:00 PM rivkie Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

that is not nice! Dan l'kav zchus. Besides, nobody is talking about tzadikim. Even if a Jew does make mistakes, he deserves compassion and certainly his punishment does not fit the crime at all. No Jew should be in jail (with the possible exception of someone who is a danger to society). Otherwise, no Jew shoudl be in jail! Jail is not even a Torah punishment. There is no such concept in Torah.

10

 Nov 20, 2009 at 01:51 PM Anonymous Says:

from thier mouth to g-ds ears!

11

 Nov 20, 2009 at 01:45 PM Dave Says:

Motions for a new trial and an appeal are nothing unusual. Failure to do so would be a surprise. As would anything at all coming of this.

12

 Nov 20, 2009 at 01:03 PM I'm no lawyer Says:

I have no legal experience but EVEN TO MY UNTRAINED EYES from what it looks like he may have a good case. I wish him Hatzlacha in the trial and i hope he gets off with the minimum punishment. Either way i hope people learned their lesson from him. ITS STILL FRAUD EVEN IF YOU DON'T STEAL ANY MONEY. Keep the laws of the land and you'll be ok midinay adam and midinay shomayim.

13

 Nov 20, 2009 at 01:00 PM insider Says:

There must have been additional violations cited, such as (i) the mention of the immigration charges, now dismissed, in front of the jury during the trial, (ii) bank fraud can only be charged when the bank is FDIC insured and the underlying "bank" was not FDIC insured, (iii) the "bank" was well aware that the lending criteria did not meet required guidelines, such as the invoice totals was way out of line, hence draud can only exist where the 'victim' is mislead, not where the 'victim' knew all details, and (iv) Sholom Mordechai Rubashkin was not recipient of any funds whatsoever and did not have signatory power to assign, direct, or keep the monies.
In addition, the participation of the judge in PREPARATION of the immigration raid necessarily prejudices the judge from participating or ruling in the underlying case that is a result of the "trap" that she set.

14

 Nov 20, 2009 at 02:58 PM Hate em Tatem Says:

Why did he wait until now. Why did he not motion for a judgment notwithstanding the verdict at trial? I suspect the answer is the Judge. He feels he has a better shot with the circuit court than with the idiot judge, who may prejudice him further.

15

 Nov 20, 2009 at 04:08 PM Shaul in Monsey Says:

Reply to #14  
Hate em Tatem Says:

Why did he wait until now. Why did he not motion for a judgment notwithstanding the verdict at trial? I suspect the answer is the Judge. He feels he has a better shot with the circuit court than with the idiot judge, who may prejudice him further.

He did. When the prosecution rested. It was denied. This is a formality, a hail mary. You have to exhaust all efforts at the trial level to go into an appeal.

16

 Nov 20, 2009 at 04:07 PM Anonymous Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

I just found out from a family member that the reason the judge moved the trial to Sioux falls is because that's where she lives. Any reason why that sounds fishy? Do you still think its not biased? Weren't those jurists damn proud of their hometown girl?

17

 Nov 20, 2009 at 04:04 PM Anonymous Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

Part #2, They probably would have also advised him to call some immigration attorneys or the immigration organization to find out about legalizing the workers so they can continue to work there. If he was paying under the minimum wage he would have had to immediately raise the salaries. If he claimed to offer health benefits and collected funds but did not pay into it, that would have been dealt with as well (these charges were never verified). If there was abuse as was claimed he would have fired the abusers. If there were false green cards on the premises the owner would have been arrested (that would have been the supervisor).

However, the difference would still be that the Rubashkins would not have been forced into bankruptcy the bank would still be getting paid, the town's economy would still be in tact. The children and school system would not have been devastated and emotionally hurt. Kosher meat prices would not have gone up, etc, etc, etc......

18

 Nov 20, 2009 at 03:57 PM Anonymous Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

BTW, the $4,000,000 that ICE spent on the RAID was "stolen" from taxpayer pockets like mine and yours. In addition, the bank would not have lost a penny if ICE would not have jumped the gun and conducted the raid. As I have mentioned before, there already was an ongoing investigation by the Department of Labor and ICE knew about it but they wanted to be the big heroes. Instead they created a big mess. Stop showing your hatred for this family, it is total rechilus and we are sick of it, honestly. You are bending over backwards to ignore any possibility to dan l'kaf zchus to the point of total ridiculousness. You can't find even one instance where maybe you could believe what SMR says or what we point out? You can't budge an inch? This shows absolute sinah.

So what would have happened if the RAID did not take place? The DOL would have come in and cited him with a list of violations. Yeah I am saying that the responsibility would have fallen in his lap and he would have had fines up to the kazoo, and they probably would not have cared who was responsible, but they would have brought all these issues to his and his father's attention and they would have advised how to fix.

19

 Nov 20, 2009 at 03:50 PM Anonymous Says:

Reply to #14  
Hate em Tatem Says:

Why did he wait until now. Why did he not motion for a judgment notwithstanding the verdict at trial? I suspect the answer is the Judge. He feels he has a better shot with the circuit court than with the idiot judge, who may prejudice him further.

I agree. He didnt stand a chance with this judge. Have the ppl on the jury ever seen a jew?

20

 Nov 20, 2009 at 03:32 PM Anonymous Says:

Reply to #7  
Moish Says:

You know good and well that is not what people are saying.

They are saying he's a very good man (who might have made some mistakes). They are saying that this man has done many extraordinary good things. In Judaism we look at the entire person, not just one episode of their life.

They are saying that first this whole "scandal" was about the horrible crime of employing illegals, etc, with that excuse they were raided like it was the mob's headquarters, then it turns out that he is not even brought on trial on those charges, but on others that only developed post raid. (And these are painted to look much worse ["massive fraud!"] than they were. No, they are not making excuses).

They are saying that we have an extreme overzealous prosecution who seems to be trying to prove that the government's extreme raid action was justified, as they'd have you believe this is worse than Gotti, Maddoff, and Enron.

Courts do this many times. I am not saying Rubashkin is guilty or innocent. They bring you in on one set of charges (real charges- the hiring of the illegals were wrong). then they find out that you did something else illegal that is "even more illegal". In this case, fraud is worse than hiring illegals. Since they caught him on a "big fish" they dont need to waste time and money prosecuting for the minor crimes. Why make him sit for 110 years when he will be there already for 100? (The crimes he is charged with can get him a long sentence that he might never reach the end of. Madoff got a lot more jail time than Rubashkin will get anyways.) This way they have evidence and are not facing the problem of double-jeopardy if they found more evidence later on. they are sure they have all the evidence they need- thats why he's going to trial now and could be acquitted on the other charges.
There was no mob prosecution here.

21

 Nov 20, 2009 at 02:33 PM Baruch Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

No one was cheated out of one penny. In fact if he were left alone or assigned a federal overseer everything could and would have been set aright. Instead he was punished for scrambling to save his company (and the livelihood and happiness of thousands) while being pummeled from every side by those who envy, covet and hate. This includes Jews who by the content and tenor of their comments betray their lack of the intrinsic virtues that characterize "all Jews," namely, generosity, modesty and mercy. Yes, in Reb Moshe's kind and righteous eyes, you would have been worthy of contempt for your stingy, smug and pitiless remarks.

22

 Nov 21, 2009 at 11:57 AM Anonymous Says:

"one's religion does not make them above the law"

Here in the United States the law is applied evenly regardless of the color of their skin or their religion. Whether someone gives money to charities or how nice his family is supposed to be does not make nor should it matter if the law is broken.

To hide behind the "the Judge/jury hate Jews or they have never seen a Jew" is simply a fantasy. This need to justifiy Rubashkin criminal conduct is part of the greater problem. Those with criminal intent know that the community will rally to their aid no matter what. This blind support is a problem that the community has to deal with. Buy pulling out the "religion card" on a daily basis, a "deaf ear" is now turned to its use.

23

 Nov 21, 2009 at 03:10 PM deepthinker35 Says:

The gemora in nedarim says that "dina demalchusa dina" applies to everyone. To say that plenty of tzdokah was given out doesnt ,make one a tzadik if it is ill-gotten. Be a yashrus yid and no drei in ones life and then a persons life will be full of emes.

24

 Nov 21, 2009 at 06:17 PM Shaul in Monsey Says:

Reply to #16  
Anonymous Says:

I just found out from a family member that the reason the judge moved the trial to Sioux falls is because that's where she lives. Any reason why that sounds fishy? Do you still think its not biased? Weren't those jurists damn proud of their hometown girl?

But Rubashkin is the one that asked for the trial to be moved!

25

 Nov 21, 2009 at 07:30 PM Anonymous Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

VERTY WELL SAID, WHEN REB MOSHE ATE BREAKFAST IN THE YESHIVA EVERY MORNING HE WOULD PAY FOR IT, BECAUSE HE SAID WHEN HE TOOK THE POSITION OF ROSH YESHIVA EATING WAS NOT INCLUDED IN THE POSITION.

26

 Nov 21, 2009 at 06:27 PM Anonymous Says:

Reply to #21  
Baruch Says:

No one was cheated out of one penny. In fact if he were left alone or assigned a federal overseer everything could and would have been set aright. Instead he was punished for scrambling to save his company (and the livelihood and happiness of thousands) while being pummeled from every side by those who envy, covet and hate. This includes Jews who by the content and tenor of their comments betray their lack of the intrinsic virtues that characterize "all Jews," namely, generosity, modesty and mercy. Yes, in Reb Moshe's kind and righteous eyes, you would have been worthy of contempt for your stingy, smug and pitiless remarks.

The underage and underpaid plant workers certainly cheated- hardly generosity.

27

 Nov 21, 2009 at 09:33 PM Far Rockaway Says:

For not being reb Moshe z"l doesn't deserve being sent to prison for life, otherwise we should all go to prison. Suppose he did all these bad things; was it that bad that he should get thrown to prison for the rest of his life?!. For goodness sake!! The Algemeiner Journel said the best "a justice system can't just be technical details it has to have common sense too"

In my mind sending someone to prison one minute longer then what he deserves is like sending an inocent man to prison.

We all know "the punishment should fit the crime", my question to all the Rubashkin bashers: DOES LIFE IN PRISON FIT ALL THE ALLEGED CRIMES???

28

 Nov 21, 2009 at 09:26 PM A. Nuran Says:

He's been found guilty. And given how these things go his chances of a successful appeal are very slim. If the prosecution thought an overturn was likely they would have gone with the immigration charges instead of dropping all of them. The short duration of the trial, the high number of guilty verdicts and the speed with which the jury returned its decision support this.

He's been found guilty. And he isn't getting out of jail anytime soon. If charges are overturned on appeal there will only be one or two. His attorneys tried throwing everything possible at the jury because they really didn't have a coherent defense. "He was too stupid and naive to have done the crimes. " "PETA didn't like him." "You all hate Jews, so he can't get a fair trial." "Everyone does it, so why are you picking on him?" Those are desperation defenses almost guaranteed to fail.

The verdict isn't "anti-Semitism".It's the Law being carried out as it should be. The sooner the Charedim understand that they have to obey the Law like everyone else the sooner they will stop fulfilling the worst stereotypes about yidden.

29

 Nov 21, 2009 at 09:47 PM joe shmoe Says:

Reply to #4  
Shaul in Monsey Says:

What I really don't understand is that everyone on this blog who blindly supports Rubashkin claims that since everyone lies on their bank and mortgage applications and hires illegals, SMR did nothing wrong. But if Rubashkin is such a tzaddik yesoid oilam, shouldn't he have set an example and not done these things? After all, wrong is wrong. I have a hard time believing that lamed vovniks lie on credit card applications.

It's well known that Reb Moshe, zal, a true tzaddik, was audited by the IRS many times because his charitable deductions were far in excess of what the government saw as reasonable. Yet every penny was accounted for. That's a tzaddik. Reb Moshe didn't use the "everyone cheats on their taxes" excuse, a, because cheating is cheating and stealing is stealing no matter who the victim is, and b, the truth is not everyone does it. There's something totally wrong with the brand of Judaism that defines a tzaddik as someone who lies "like everyone else" so "really he did nothing wrong."

FYI, the bank in St. Louis that Robin Hood Rubashkin defrauded is owned by Jews. The Dierberg's in St. Louis know how to give charity the old fashioned way - not with stolen money.

first of all, how could you be convinced in the first place that he did something wrong AT ALL! what about him not at all being convicted of the main eye opener imigration raid! how about you not having any money to pay for livestock within time period provided by law! oh would anybody love to have such a law concerning his customers! what a wonderfull law!

second, as you see in the apeal, even in court it was never proven that he commited the bank fraud!

hevey dan es kol adam lkaf zchus means exactly this. (except if you just simply don't want to huh?)

I hope you weren't one of those that even believed he was guilty untill proven innocent from the begining just because he's a frum jew, like all the self hating jewish opinion posters here on vin

30

 Nov 21, 2009 at 09:53 PM Anonymous Says:

shaul in monsey very nice that you mention reb moshe how about yourself

31

 Nov 21, 2009 at 09:58 PM Anonymous Says:

this is simply standard procedure in any legal action. The defendants always file a motion to dismiss, it means nothing.

32

 Nov 22, 2009 at 02:53 AM Milhouse Says:

Reply to #23  
deepthinker35 Says:

The gemora in nedarim says that "dina demalchusa dina" applies to everyone. To say that plenty of tzdokah was given out doesnt ,make one a tzadik if it is ill-gotten. Be a yashrus yid and no drei in ones life and then a persons life will be full of emes.

OK, talmid chochom, you learnt gemoro nedorim; now show me where that gemoro says one must obey the law. IT DOESN'T SAY ANY SUCH THING. There is no gemoro, no se'if in Shulchon Oruch, NOTHING that says one must obey the law, or that one may not break the law. It is a made-up halocho that doesn't exist anywhere. People parrot "dino demalchoso dino" as if it were some kind of magic phrase that can mean whatever they want it to mean. Well, I can quote irrelevant Aramaic phrases too. "Urvo porach." "Otu beshufteni askinon." "Shliach artil vesayem mesanei." They've got about as much to do with the subject as the one you quoted, i.e. nothing at all.

33

 Nov 22, 2009 at 01:40 PM Getzel the Pretzel Says:

Reply to #32  
Milhouse Says:

OK, talmid chochom, you learnt gemoro nedorim; now show me where that gemoro says one must obey the law. IT DOESN'T SAY ANY SUCH THING. There is no gemoro, no se'if in Shulchon Oruch, NOTHING that says one must obey the law, or that one may not break the law. It is a made-up halocho that doesn't exist anywhere. People parrot "dino demalchoso dino" as if it were some kind of magic phrase that can mean whatever they want it to mean. Well, I can quote irrelevant Aramaic phrases too. "Urvo porach." "Otu beshufteni askinon." "Shliach artil vesayem mesanei." They've got about as much to do with the subject as the one you quoted, i.e. nothing at all.

"IT DOESN'T SAY ANY SUCH THING"

מדבר שקר תרחק

It is a Gemara in Nedarim, your lack of knowledge does not change the facts.

The question is the Nemukie Yosef, which states that dino demalchoso dino does not apply by Hegmon. Arguably, this is a case of Hegmon.

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 Nov 23, 2009 at 02:47 AM halacha Says:

Reply to #28  
A. Nuran Says:

He's been found guilty. And given how these things go his chances of a successful appeal are very slim. If the prosecution thought an overturn was likely they would have gone with the immigration charges instead of dropping all of them. The short duration of the trial, the high number of guilty verdicts and the speed with which the jury returned its decision support this.

He's been found guilty. And he isn't getting out of jail anytime soon. If charges are overturned on appeal there will only be one or two. His attorneys tried throwing everything possible at the jury because they really didn't have a coherent defense. "He was too stupid and naive to have done the crimes. " "PETA didn't like him." "You all hate Jews, so he can't get a fair trial." "Everyone does it, so why are you picking on him?" Those are desperation defenses almost guaranteed to fail.

The verdict isn't "anti-Semitism".It's the Law being carried out as it should be. The sooner the Charedim understand that they have to obey the Law like everyone else the sooner they will stop fulfilling the worst stereotypes about yidden.

I especially like when Dina dimalchusa is applied by the ignorant to laws outside dina mumonos where there was never a hava amina that it applied. Like:
"Those people that have illegal apartments should be lashed for trangressing on dina dimalchusa!"
If you get a fine for an illegal apartment you MIGHT have to pay it because of DMD. You do not trangress DMD by having an illegal apartment.

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 Nov 23, 2009 at 02:41 AM matzahlocal101 Says:

Reply to #28  
A. Nuran Says:

He's been found guilty. And given how these things go his chances of a successful appeal are very slim. If the prosecution thought an overturn was likely they would have gone with the immigration charges instead of dropping all of them. The short duration of the trial, the high number of guilty verdicts and the speed with which the jury returned its decision support this.

He's been found guilty. And he isn't getting out of jail anytime soon. If charges are overturned on appeal there will only be one or two. His attorneys tried throwing everything possible at the jury because they really didn't have a coherent defense. "He was too stupid and naive to have done the crimes. " "PETA didn't like him." "You all hate Jews, so he can't get a fair trial." "Everyone does it, so why are you picking on him?" Those are desperation defenses almost guaranteed to fail.

The verdict isn't "anti-Semitism".It's the Law being carried out as it should be. The sooner the Charedim understand that they have to obey the Law like everyone else the sooner they will stop fulfilling the worst stereotypes about yidden.

Just explain to me why the CEO's of Swift weren't charged with immigration violations when 1300 illegals were arrested at their plants, ot why IFCO only paid 2.7 million in back overtime and a fine when 1300 illegals were arrested at their plants? Why were there no corporate criminal charges why were there no aggravated identity theft charges against those 2600 illegals and why were they only brought against the 370 illegals at Agri that did exactly the same thing? Why was all mention of the December 12, 2006 multi state "operation Wagon Train" raid on Swift facilities erased from the ICE.GOV website and replaced with the Agri "largest raid of it's kind" a title previous given by ICE to the Swift raid? Explain that to me and I'll sleep easier. Until then, I see a jew being treated very different from his Gentile countrymen.

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 Nov 23, 2009 at 02:30 AM Anonymous Says:

Reply to #18  
Anonymous Says:

BTW, the $4,000,000 that ICE spent on the RAID was "stolen" from taxpayer pockets like mine and yours. In addition, the bank would not have lost a penny if ICE would not have jumped the gun and conducted the raid. As I have mentioned before, there already was an ongoing investigation by the Department of Labor and ICE knew about it but they wanted to be the big heroes. Instead they created a big mess. Stop showing your hatred for this family, it is total rechilus and we are sick of it, honestly. You are bending over backwards to ignore any possibility to dan l'kaf zchus to the point of total ridiculousness. You can't find even one instance where maybe you could believe what SMR says or what we point out? You can't budge an inch? This shows absolute sinah.

So what would have happened if the RAID did not take place? The DOL would have come in and cited him with a list of violations. Yeah I am saying that the responsibility would have fallen in his lap and he would have had fines up to the kazoo, and they probably would not have cared who was responsible, but they would have brought all these issues to his and his father's attention and they would have advised how to fix.

The raid and 18 minute indictment, trail, and sentencing of 370 illegals cost 5 million. (The process actually took 9 minutes if you take into account everything was repeated twice in the translation from English to Spanish and back.) The subsequent incarceration at 5 months at $30K/year cost another 5 million. Which BTW was overturned because the gov't failed to prove the aleins knew their SSN belonged to someone else. This, in addition to bankrupting the largest employer and taxpayer in Allamakee county, resulting in an increse in requests for social services, section eight, food stamps, and medicare for people that previously had health insurance. Which ICE offical with excrement for cerebral matter approved this raid? Write your congressman and ask.

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 Nov 23, 2009 at 09:51 PM Anonymous Says:

Reply to #24  
Shaul in Monsey Says:

But Rubashkin is the one that asked for the trial to be moved!

That may be true but he didn't ask of the Judge "Take me home with you". So again, if the case moved why did the Judge have to move with it? Did she just have an urge to visit her friends back home? Couldn't the judge assigned to that district handle the case or did she believe he would actually get a fair trial given the chance?.

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