New York – It is clear to anyone who read Judge Reade’s fifty page sentencing memorandum that she is aware that she needs to explain herself. This is perhaps why she released the instant sentencing memorandum a day earlier. Judge Reade does, in fact, attempt to explain herself stating that there are sentencing guidelines that need to be followed, and that there is a system here that works with something called “Offense Level Points.”
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The question is whether or not Judge Reade could have exercised more leeway in her sentencing memorandum to give Mr. Rubashkin a less draconian sentence. For federal prison sentences, let us recall, there is no parole. These figures are real and quite, quite painful. Also, after a while, people tend to forget about those who languish in federal prisons.
There were three major issues underlying the 27 years that the Judge stated that the guidelines direct; the amount of money involved, the issue of whether Mr. Rubashkin committed perjury, and the request for a downward departure based upon the undue hardship affecting his autistic son.
The first issue is that the government claimed that the offense involved fraud of over $20 million to two different banks. Rubashkin’s lawyers claimed that only $4.5 million was at stake. Had the judge accepted the figures from the defense team – the minimum figure would have been 210 months or nineteen years in jail. The defense argued that it was not reasonable for Rubashkin to have seen that the whole company would have gone under. The judge ruled that the figures at stake were in excess of $20 million regardless of what happened later.
Judge Reade also claimed that Rubashkin perjured himself willfully by stating that he never asked Hendry to create false invoices. For this she added two more points which would have translated as an extra three years and six months if she would have used the Rubashkin figure of $4.5 million instead of the government figures. The sentence would thus have been fifteen years and six months.
The third issue, however, is the most significant. Rubashkin’s lawyers also argued for a downward departure in offense points based upon the fact that Rubashkin has a special relationship with his autistic son and that his son desperately needs him. His lawyers cited precedent for such a downward departure in U.S. versus Spero. The judge rejected this request and, in this writer’s view, erroneously stated that there were other factors in that decision not just the son’s needs. However, if one reads the Spero decision – it is clear that this was the only factor in the downward departure.
In the Spero case, the judge knocked the offense level down by 8 points. Had Judge Reade not rejected the similarities between the Spero case and the Rubashkin case, the 8 point difference would have translated into a much more palatable sentence of 70 months – five years and ten months.
Indeed, even if she would have kept the perjury charge, accepting the precedent for downward departure with the defendants numbers for the amount at issue would have reduced the sentence to nine years in jail.
She could also have kept the government figures of $20 million dollars, and have also kept the perjury issues, and still only have assigned him 11 years and three months in jail if she would have accepted the comparison between Spero and Rubashkin. She chose not to do so.
There are also subtle threats in her ruling that warn the defendant not even to try an appeal. On page 46 she writes, “Although an upward departure would be permitted under USSG §5K2.0(a)(3) and § 5K2.21, the court declines to depart upward . . . [I]n the event the court is required to re-sentence Defendant, it reserves the right to revisit these upward departure provisions to determine whether their application would be appropriate.”
Then again on page 50 we read,”Were the court to vary, the court would vary upward to take into account additional criminal conduct involving harboring of illegal aliens, which was charged in over seventy counts of the Seventh Superseding Indictment and were later dismissed.”
She further writes on the same page,”The court notes that, even if it inadvertently erred in computing the advisory Guidelines sentence, it would still impose a sentence of 324 months of imprisonment after considering the factors in § 3553(a).”
We must also recall that she did choose the lower end of the spectrum of the 324 to 405 month guideline. She could have given him 33 years and nine months. Nonetheless, as six of our former Attorneys General have written – the sentence is draconian. The sentencing guidelines have to be revised – especially in light of the fact that there still is large disparity in such cases. No one is suggesting that Rubashkin go unpunished – but the length and scope of 27 years is just mind-bogglingly excessive.
The fact is that she is in someone’s pocket and had no choice but to give him this severe sentence. She is indebted to someone for whom this is a personal vendetta. In the end the truth will come out. Meanwhile HKBH should give SMR the koach to hang in there.
Hashem can still change things please keep davening don’t give up!!!
The man is nebuch cooked
If the chareidi community feels that the sentance is injust, they must lobby their lawmakers to change the mandatory sentancing guidelines so that this injustice will not happen to others either, and not just rail about the injustice to SMR.
She writes “the court would vary upward to take into account additional criminal conduct involving harboring of illegal aliens, which was charged in over seventy counts of the Seventh Superseding Indictment and were later dismissed”
What a cheap threat! He would first have to stand trial for that, as he is assumed innocent on that charge.
I don’t think you would gain much by revising the sentencing guidelines, it is not that the judges can’t depart, its that they don’t want to, please get this into your heads, if a judge wants to give someone a low sentence he can manipulate the trial by either leaning towards the defense or the prosecution, they just want you to think that they can’t depart, its bs. How do you think the outcome of this trial would have been if the judge was a friend of the defendant? Use your heads. Linda Reid or whatever her name is is an anti-semite, as are most prosecutors nowadays, they don’t even try to hide it.
This is called legal rishos
She is a Thug not a Judge
looks like she was in the guidelines.unfortunatly you can’t appeal for not having enough mercy.
We should all be davening for Pollard and Rubashkin everyday! And every shul should say a tehillim for them on shabbos along with tehillim for Gilad Shalit and all the Israeli Soldiers! Jews Unite already!
The sentencing guidelines are draconian, not just this judge Y”Sh. There should not only be an appeal, but there should be efforts to identify those responsible for this witch hunt, and examine for ways to prosecute each of them for this open hate. This prosecution was a crime itself, and those who perpetrated it should be brought to justice.
Meanwhile, it is obvious that there was a political agenda here. The frum community needs to employ the achdus that has been so valuable to us over the generations, and become a bloc that insures that this unfairness will not be tolerated. That means making it an absolute issur to elect anyone responsible of such hate “crimes”, regardless of whether they hand government money to yeshivos. For some stupid reason, some people believe that being an anti-semite will earn them political points. Never Again!
Jews have to realize that borrowing from a bank may incur what is tantamount to a death sentence. If one forgets to dot his I’s or cross his T’s. So its time to set up an intermediary agency that lends money as business people not mafioso.
No major news outlet is carrying this story. Some one needs to get this story out to the mainstream press.
She is a puppet of the Union & the politicians whom they control.
There is no end to the sadness regarding this issue…as a long ago Camp Gan Yisroel camper and friend of the Raskin and Rubashkin family this final decision is heart breaking..However, after reading the 52 page Judge’s assessment of the MANY crimes committed, i hope we all walk away with the Mussar that not ONLY must we be concerned with Mitzvot Ben Adam L’mokon but also Ben Adam L’chvaro and put A LOT more value in our words and our actions….
I now understand pshat in what we say:
She’eyn anu azei panim ukshei oref lomar … tzadikim anachnu v’lo chatanu, aval ananchnu chatanu.
Sounds like the court was angry about that, and that the right analogy is to sentencing in cases where the accused fought the state every step of the way.
Oy, Hashem Yeracheim.
Lawyer:
The sentencing is a tragedy. That said, the problem was not a failure to dot i’s or cross t’s. It was the alleged fraud. Minimizing it will not help us, our community or our children.
Words and deeds can easily be twisted. If the government wants to go after you and make an example of you- this is not a situation you can easily get out of. So even somone like SM, who has had his words and deeds twisted unjustly by a vendetta of R”L the Forward, PETA and others who will have to reckon with the aibershters judgements. Want to see? Have the govt go after you…(I do not say that to be mean but to make my point clear… think about it!!)
its mind boggling how jews unite for the wrong causes. Comparing Rubashkin to Gilad Shalit???? I think NOT. One is a criminal the other a kidnap victim. Just because someone is one of your own doesnt mean you should stand up for him when he does wrong. He did the crime, let him do the time. Im sorry for his family etc…but he should have thought of THAT when he was busy stealing.Just because someone has a beard and looks religious doesnt make him righteous. Instead of learning a lesson, that crime is wrong and doesnt pay, orthodox jewry is uniting in supporting this man. If you are truly religious and follow the Torah, you should distance yourself from this type of criminality. White collar crime is the dirty secret of Orthodox Jewry and its finally coming back to bite. And its irrelevant if you want to call the judge, anti-semitic or the ruling unfair. The lesson learned here is whats being ignored. Orthodox Jews are NOT above the law, and certainly not above the Torah, which is conveniently forgotten here.
Judge Reade made sure her i’s were dotted and t’s were crossed. She carved up the case in a way that she was able to be ‘dan lekaf chov’ as much as possible and make an appeal that much more difficult. She was a former prosecutor and is tough on crime. Nebach, her sentence is WITHIN the letter of the law and is a strict interperetation of the laws. The Feds are not like the Brooklyn D.A.’s office. Once they are on to you, it’s too late. Cooperate, beg for rachmanus, and try to cop a plea.
A defendant is not required to take the stand in his own defense at trial. NOTHING good ever comes out of such a high risk gamble. Why did his lawyers and advisors allow him to take the stand in his defense?
one lesson that no one is talking about.
the sentencing guidelines in America make no sense!!
From what i read she’s a tough judge, which might mean no anti semitism, just a very broken system.
“It is clear to anyone who read Judge Reade’s fifty page sentencing memorandum that she is aware that she needs to explain herself.”
My conclusion was that she knew that there would be a well-funded appeal of the sentence, and that she wanted to make the judgement bullet-proof by being meticulous and detailed.
The Nuremberg laws were also based on solid, German law.
The Jim Crowe laws were based on solid, US Law.
The fact is that Linda Reade took the harshest stance possible for political reasons. American jurisprudence is completely unbalanced.
Forget universal health care; you guys should get your wacky lynch mob judicial system in line.
America has yet to shake its wild west cowboy mentality – even Judges are not immune- and that is why your country has become the object of derision in the rest of the civilized world.
Avi Goldfarb, I don’t know who you are but you’d make a good attorney, like they say, words don’t lie but liars use words. Reade rejected a downward modification based on Spero because (see page 47 of the s/m) in Spero there were multiple factors the court considered in addition to the child’s condition, among them the fact that Spero made “EXTRAORDINARY EFFORTS AT RESTITUTION.” (Emphasis my own) “This factor is not present in the instant action. In fact, SMR perjured himself by lying under oath, tampering with material witnesses, and destroying evidence. On this point Judge Reade is clear. Rubashkin did everything he could to hide the fraud EVEN AFTER HE WAS CAUGHT and AVOID restitution so in Reade’s ruling she shows no mercy on Rubashkin because he showed no mercy on his victims. Does the type of behavior SMR was caught doing provoke a judge to be lenient? Does blaming the bank help the judge see the truth? SMR testified UNDER OATH that he never asked Hendry to forge invoices and never asked Hamilton to divert cash, yet the court had these guys testimony and evidence that he did. Does that motivate a judge to go easy? Page 42 of the memo says it all.
“Comparing Rubashkin to Gilad Shalit???? I think NOT. One is a criminal the other a kidnap victim.”
According to the world’s opinion Gilad Shalit is as guilty as Rubashkin for being part of an occupying army.
This is obviously are departure from sentence fitts the crime.
The severity of military helicopters and attempts to aggravate the charges with the hiring of aliens and underage shows quite clearly there is a group behind this.
WHO IS THE DRIVING FORCE?
I’m guessing
1) unions who are upset at his hiring practices and are using him as a lesson across united states,
2) aided by PETA,
3) and with the consent of the conservative movement to launch their hechsher tzedek.
Can you imagine how much more time he would have been sentenced to if the judge could have taken into account the tremendous Chillul Hashem his criminal actions caused? Not just the standard Chillul Hashem of a visibly looking orthodox Jew engaged in criminal actions, but “extra” Chillul Hashem, becasue his whole business was in essence, based on religion, i.e. Kosher food! How are we to convince non Frum Jews to eat Kosher, when they see how corrupt the kosher food business was?
Dina Wein should have her trial moved to New York otherwise she will get a similar sentence in Indiana
In light of this, I see no reason why he wouldn’t be able to reduce it to an 11 year sentence on appeal as per US v. Spero.
I read the memorandum, and I thought she did a pretty solid job of explaining herself. The fact is, Rubashkin defrauded two banks out of many millions of dollars, and did it wilfully and with a great deal of careful (and very dishonest) planning. He involved Jewish institutions in his fraud, which makes it a bigger disgrace. I’m sorry about his child and his family. I’d have been pleased to see him receive a lower sentence. Still, it’s ultimately Sholom Rubashkin, and not Judge Reade, who put Sholom Rubashkin in jail.
The marshas clearly quotes law giving district judges discretion when moving up and coward on points. Clearly she only finds important to move upward. No downward request is granted. Not even one.
many of us missed the point.
they went in like they were raiding a terrorist bunker. they pressed charges, like not paying the cattle supplier on time- which never had been charged before against anyone. the judge allowed the prosecutor to talk about the immigration charges during the trial, yet suppressed the defense from presenting material to the jury.they pressed many other charges, which they later dropped.so we see a pattern of anti-rubashkin behavior, & as nat lewin said they never acted this way in similar cases, which is how it works in u.s. law, they look at precedent. they lost the case in the state court too. now that they finally have a chance to finish him off, they throw the book at him. I didn’t see anywhere that as he was a first time offender, there would be leniency.
finally, I think our anger at the judge is deserving but misplaced; we must channel our anger to daven harder and better. I stopped talking during davening, & I say ‘yehi shmay rabbah…’ with more kavannah & loudly. I urge you to do the same.
lets try and do somthng positive like push for parole once again in the federal system this will take off 33 percent of rubaskin sentence thereare laws already sponsered we just need the politcal force to make this happen please contact the yated the agudah ect
So, the Unions controlled the Bush Administration?
Look, the Unions opposed the raid, the Republican Congressman in the area (who is very much of a nativist anti-immigrant sort) was a big advocate of it, and the Bush Administration launched it.
It’s a good thing Reade couldn’t rely on our Talmud to sentence Rubashkin. See Tosefta Babba Kamma 10, If one steals from a non-Jew and swears falsely and dies, his death is no atonement for his sin because of Chillul Hashem.” Kiddushin 40 – there is no delay in Divine Punishment for Chillul Hashem even if committed unknowingly.
The way AGRI was run was an ABSOLUTE Chillul Hashem, it was run dishonestly and with all the shtick we’ve come to expect from Der Frimmer. So frum when it comes to what milk they drink and what what fleish they can fress on but when it comes to doing business lying stealing and cheating is all fine.
To all of the holier than thou Tzaddikim. Do you know what the essence of the crime was in plain English? Paperwork. Yes that’s right. Have any of you ever, ever perhaps fudged a tax return? or an expense voucher? or a Section 8 application? how about a scholarship application?
The only difference is that SMR was dealing with a larger sum of money.
Not only that, but he did not actually obtain the loan fraudulently, but he “fixed” the books to keep the revolving loan in effect, hoping that things would get better after the PETA, Jewish secular media and Conservative Jew malshinim defamed him.
But lo and behold, the government, the same government that allows it borders to be porous and allows an invasion by millions of latinos, that hypocritical government launched their raid, which had the chad gadya effect of putting him out of business, and thus defaulting on the loans, which now made him a criminal.
R”L, this could have happened to anyone, even those who are the most erlich.
A Rachmonus..
How many politicians(probably all) and Wall Street execs are much bigger “criminals” than SMR. I don’t know if he is a tzaddik, but I do know that he is a korbun.
#36 It doesnt make me happy to see anyone in jail but the law is clear, and so is the Torah. Stealing and defrauding is wrong and its a crime. What dont you understand about that. And you ask what makes me hate orthodox jewry (which incidentally im a part of)? its THIS type of behavior. Doing a crime and then screaming anti-semitism when the criminal is sentenced. Or thousands of orthodox jews coming out to support him because he is a religious jew. Being an orthodox jew doesnt protect you from the law. Its unbelievable how religion has been turned on its head.
I think there is one point in the judges report that the article fails to address. That is Rubashkins record of charitable work. She dissmisses the whole matter with “every person has some good and some bad”. To wave away the overwhelming evidence of a lifetime of good works in sucha flippant way reveals to is where she is coming from.
I think everyone is discussing a wrong perspective. In American court system, there is no justice. There is no fairness. There is compassion. A judge has to look at an entire picture, the effect the judgement will have on everyone concerned, including the family and children. And if the sentencing guidelines are too strict, then change them! A judge has the choice to judge leniently. She is obviously anti semitic and a totally cruel incompassionate person. The secular court system is horrible and people should protest the sentencing guidelines. People in america are sentenced cruelly for financial crimes…more than murder and even rape or other horrible crimes. It is totally corrupt, totally unfair and says a lot about what America stands for and the type of prosecutors being hired. Even the jury system is a joke. If facts are not presented fairly the jury does not see the whole picture. And in this case much information was not allowed to be presented in the court….purposely. So the judge was already pre judging and the sentence was already being prescribed before the court case even was done. The trial was conducted to prove those points..but not to allow his innocence to show.
The 27 yeat sentence given to Mr. Rubashkin amounts to “cruel and unusual punishment”. The crime for which he was convicted does not call for the punishjment he was given – despite the attempt of the judge to justify the her actions. Mr. Rubishkin was accused and tried in the public media on immigration issues and charges
(various immigration charges later dropped by the federal government and found to be not-gulity of in a state trial) and is being punished in such a harsh manner for his persona – as a very independent (would not give into unionization pressure), very visible, very frum Jew. (As well as for the conviction in the bank fraud matter). An attorney friend hold me that he represented a chassidic gruop in a civil matter. The judge found aganist them on all counts. The attorney found a good grounf for appeal. The government attorney said to my attorney friend that even if he wins the case will be remanded back to this hostile Judge. Read the judges decision, said the government attorny, the Judge does not like your clients “persona”. One-way-or-another the judge will find a way to harm your clients. G-d help the Rebashkin family.
#52 – you have demonstrated exactly what the problem is. You ask, “Have any of you ever, ever perhaps fudged a tax return? or an expense voucher? or a Section 8 application? how about a scholarship application?” These are all fraud, illegal, and defintely geneivah and against the Torah. Not to mention that a person who “fudges” – that is gives false testimony – on a tax return is demonstrating that he is not afraid of HKBH, only of humans.
The idea that anyone in our olam could consider this sort of aveirah lightly (fraud is only “fudging?” So is cheating your employer with a falsified expense voucher?) is a terrible tragedy. What happened to the days when the Yidden dominated the diamond business is Manhattan because their word was their bond and their handshake as good as a written contract? The Chofetz Chaim is weeping in Shomayim along with the Brisker and the Baal Shem Tov.
That Judge Reade sentenced Rubashkin to an outrageous 27 year sentence is not indicative of his lack of morality, but hers.
She makes a mockery of US Justice and tramples on basic American values; those who argue otherwise, indict the USA as a society that has not outgrown the wild west mentality and the lynch mob culture.
Anyone, anyone, who defends Reade on this, or who blames the victim, is renouncing themselves as one who supports this fore mentioned despicable vengeance laden path to justice. And may G-d have mercy on your soul, because you need it more than SMR does.
Linda Reade could have saved herself 49 pages. All she needed to write is ” I am anti-semitic.”
see the rishis they will go to justify their anti semitic behavior
The Eighth Circuit
Court of Appeals has repeatedly held that a district court may consider uncharged,
dismissed and even acquitted conduct at sentencing.
(3 In other words, the court does not consider the objected-to portions of the PSIR
that are unsupported by evidence presented at trial or the Hearing. For example, in thiscase, such portions of the PSIR not considered include, but are not limited to:
Agriprocessors’ treatment of workers, child labor violations, allegations of the
mistreatment of animals, conduct related to unionization efforts and allegations of bribery.)
She is a hard worker. However, that does not mean that she demonstrates any fairness in criminal proceedings. Additionally, if the civil rules don’t provide an easy answer, she will end up with some pretty bizarre opinions.
Send e-mail to this poster 9/4/2008 8:40:55 PM
Criminal Defense Lawyer
Comment #: 5865
Rating:3.0
Comments:
A very anti-defense judge with very intimidating tendencies against defense attorneys, not to mention defendants themselves. Very rude and disrespectful.
Send e-mail to this poster 3/9/2008 1:44:42 PM
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She makes a sham of our system of justice. In my experience her decision was made before the proceedings even began. She is totally biased and displays a palpable disdain for the accused appearing before her. She does not deserve to be in this position of power. I agree she should be impeached.
Send e-mail to this poster 1/21/2008 8:14:41 AM
r
Comments:
I am a retired trial lawyer. This judge is strongly biased in favor of the government. There is no way that she is acceptable in a criminal case. I witnessed her wrath on a young drug user and she gave him 35 years.
Above are excepts from THE ROBING ROOM website.
As a simple Jew living in Canada I’m saddened and outraged at the senseless and dubious sentence that was handed down to our dear brother r’ shalom rubashkin. There must be a way to fight this travesty charade of justice, we have to mobilize and think constructively what and how we could get this precious yid out of jail, it is a time of action not merely words. A working party should be set up were anyone who wants to help should be able to contact and be of help. We as a community should not underestimate our power and influence, nor shall we falter in our determination and commitment. Vehashem yihyeh beozreinu .
for all you uninformed posters, The US Attorney has issued a press release responding to the public campaign of misinformation conducted by his supporters. As outlined in the release Rubashkin is a bad man who personally profitted by 1.5 million from his crimes. There is also ample evidence that he orchestrated the program of obtaining and providing false IDs to illegals. He richly deserves what he got. I dare VIN to publish the US Attorneys release.
Anybody know how many organizations are collecting money for Rubashkin’s “Pidyon Shvuyim fund? How much money has been collected? Who is in control of the money? How much has been disbursed and to whom. I’ll betcha there’s even more drei-shmei here than in SMR machinations.
this was like a combination of high stakes poker and chess game with combined rules, and the side with a losing hand gambled and lost.
tough thing to take when you’re on the losing side.
hurts me even to write this, and sad that the judge chose one slant of the rule book, but other than fighting the appeal expensive route with the hope that more judges will seek out a slant in another direction, there’s no point in pointing the blame finger.