Postville, IA – Motion Denied, Sholom Rubashkin to Stay in Jail for Now

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    Sholom Left with his Father Aron on the right Postville, IA – U.S. Magistrate Jon Scoles denied the former Agriprocessors Inc. CEO’s motion to extend the deadline on filing an appeal of the detention order.
    Scoles ordered Rubashkin, 49, of Postville, last month to remain in custody until his trial in January.

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    Prosecutors last month argued Rubashkin should remain in custody because he attempted to tamper with evidence when he was released from jail the initial charges of harboring illegal immigrants, document fraud and identity theft.

    They also argued he was a flight risk because a bag of cash and birth certificates, Social Security cards and passports for his children were found during a search of his residence.

    Rubashkin was charged last month with 12 counts of harboring undocumented aliens for profit, conspiracy to commit document fraud, conspiracy to harbor undocumented aliens for profit, aiding and abetting document fraud, six counts of aiding and abetting aggravated identity theft and two counts of bank fraud.

    The charges are related to a May immigration raid at the kosher meat processing plant in Postville.

    The filing date for the appeal is Monday, but the extension motion argued Rubashkin needs time to assemble a legal team to obtain a transcript of the detention hearing and to conduct additional legal research.

    Scoles order said the defendant failed to show good cause for an extension.


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    34 Comments
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    Anonymous
    Anonymous
    15 years ago

    This is a fair judge?

    Deep Thinker
    Deep Thinker
    15 years ago

    The federal goverment wants him in jail, and they will do everything to make sure that happens. He should try to get a plea bargen and get his best deal. Otherwise it will cost him fortunes of money and a potential of a harsh sentence, There won’t be many jew lovers on that jury. May hashem have rachmonis on him and his family,

    murray
    murray
    15 years ago

    He has been singled out for harsh treatment. The government decided that he was much easier to get than Osama bin Ladein, so now he is apparently Public Enemy #1 , and ordinary people on the street are to fear him, as he is a threat to everyone ( he might have one of those extr, extra sharp knives they slaughter cattle with. They have painted him as the embodiment of evil, and the poster child for illegals working in the US- So someone tell me how (and where) is he going to get a fair trial-Obviously in a jury trial he will get (G-d Forbid) 175 years–He needs a good plea deal.

    yide
    yide
    15 years ago

    What a shame on our justice system,this is a person that has done so much good in his life,
    There are people who are on trial for things a lot worse and are out on bond,
    Let’s all daven for him until hashem helps him…

    Yossele
    Yossele
    15 years ago

    The government is out for blood, only a nes can save this Jew.

    Anonymous
    Anonymous
    15 years ago

    What will save him is if he can prove his innocence otherwise he is going away.

    Max
    Max
    15 years ago

    People involved in this scandal have fled the country: Hosam Amara, Zeev Levi and Zalman from the Kosher Gorcery Story is awol (probably back in South Africa on an extended safari). Then when arrested for a second time, SMR was found with a travel baf filled with money, passports, birth certificates – and you wonder why a judge would think this guy is a flight risk?
    PLEASE.
    This isn’t anti-Semitism.
    Assuming SMR is flight risk is common sense.
    Also, I’m sure SMR’s attorney’s have told him to expect more charges to brought. Under those circumstances –innocent or guilty – would you stick around? I’m afraid SMR was and is a flight risk.
    He should have stayed as a Chabad shaliach and not gone into his father’s business.

    Anonymous
    Anonymous
    15 years ago

    I too feel sad that he is encarcerated. But to believe foolish things, like prejudice and plots, and unfair treatment is silly. Sholom was a bad boy. He is accused of committing some genuine, real, crimes. They CAN’T just let him out because we don’t like to see a fellow Yid in jail. There are rules and policies that must be followed. There are guidelines upon which a judge must decide on bail if any. These guidelines depend on the circumstances and the evidence brought before the judge. The high number of counts in these criminal indictments would make the bail very hight, but also, since the number of years of prison if convicted is a large number, the judge is required to make a determination of flight risk.

    The people who are let out on bail are usually those who are not facing long prison terms, so to them flight would mean increased prison time if caught. A deterrent for flight. But they are still evaluated for flight risk. If they have no currently valid passport, little or no available cash, close family which had deep ties to the community and would find it VERY difficult to move, the judge then may decide to allow the accused to post bail.

    But if only one of the above shows higher than normal risk of the accused’s flight, bail should be denied.

    In this case, considering the state of the AGRI business, and the fact that they have said they are looking to sell anyway, Rubashkin has little or no ties to Iowa.

    The fact that is that there are clearly many people ready, willing, and able to assist in Sholom’s flight.

    Rubashkin was found to have $20,000.00 in case already in a suitcase. That certainly is enough to get him and his family out of the country, where more funds can be funnelled to him.

    That suitcase contained his children’s passports. This is a biggie, as most people keep passports in the safe if they have one. His safe was open, the kids’ passports were already in the suitcase.

    One of his charges was conspiracy connected with false ID. Certainly a reason to believe he could get enough ID created to get him out of the US without his real passports.

    In short, he fails to meet ANY of the criteria for bail. He does meet every reason for denying bail.

    How could the judge have done otherwise?

    No prejudice here. No conspiracy.
    Only the justice system actually working the way it is supposed to.

    But, what gets me is how foolish we Yidden look, when others read all these foolish conspiracy theories.

    Deep down, putting aside your emotions and using logic, do any of you honestly believe what you are writing? I doubt it.

    Anonymous
    Anonymous
    15 years ago

    Are you kidding me? The guy broke the laws of the United States and he is a flight risk (passports and cash found in his house). Why shouldn’t he be treated the same as any other criminal? Anyone who thinks this is antisemitism is out of their mind. This isn’t about Jew or non-Jew: this is about someone who decided to break the law — and got caught. What if it was murder instead of immigration and safety violations? Would you still think that all of the country was out to get the Rubashkins? Give me a break.

    SK
    SK
    15 years ago

    #9 Max is correct in what he says. I am a lawyer. SOP.

    Bubby!
    Bubby!
    15 years ago

    to Anonymous #16 :
    Who asked for a break just because he is Jewish? He should be out on bail because that is his right as an American citizen! He was denied bail, according to the Judge, because as a Jew he can go to Israel. That is an awfully dangerous thing to let a judge do, and can affect anyone Jewish who is arrested.

    Our thoughts and tefillos are with SMR that he be released quickly.

    Anonymous
    Anonymous
    15 years ago

    Give him bail?

    Come on, would YOU stay in town if you know you were very likely to be sentenced to a long prison term?

    Be real, you would not. Especially if you have the network he has in other countries.

    He could easily move into a new neighborhood, change his appearance a little, and some shliach somewhere will help him establish a new identity. He could disappear right here in the USA or in any one of many countries.

    I wouldn’t do it, but I know many shluchim who would, especially with a nice donation.

    And, yes, $20,000.00 is more than enough “pocket money” to get him on his way. He has many other resources for more cash.

    Anonymous
    Anonymous
    15 years ago

    #17 YOU ARE NOT A LAWYER.

    If you were a genuine attorney, you would never have written what you wrote. It shows a very amateurish view of our court system.

    I showed this entire thread to a criminal trial lawyer who has defended many in Federal Court, and he laughed. He said Posts #6 , #9 , and #11 were more accurate, and said you could not have practiced much law to write what you wrote. Or, maybe you only have experience with clients charge with one charge. But, he doubts if you are an attorney at all.

    So, I sent this thread to a friend, who is a judge in Southern District of Florida, and he echoed what my other attorney friend said. He said he would absolutely DENY bail to anyone under those circumstances. By the way, he is a Chabad-friendly Jew.

    Not guilty says
    Not guilty says
    15 years ago

    Even the charges against him, almost everyone is guilty of on a small scale. If you overstated your income over the phone to get credit or a credit card, or any loan, you are just as guilty as him,[If he is proven guilty] only on a smaller scale.
    If you hired an ileagal domestic cleaner or painter etc, you are just as guilty as him, although on a lower scale. However that doesn’t help in court, seeing a law was broken,I once called the FBI, that someone had ripped me off on Ebay, they told me that they didn’t have enough resource to go after anything under six figures.
    The only charges that worry me are the fraudulent documents, which almost no one would do.

    michal
    michal
    15 years ago

    Yasher koach to #17 !

    Dave
    Dave
    15 years ago

    “Almost everyone” doesn’t lie about income.

    For that matter, most people don’t have any domestic help, much less illegal immigrants as domestic help.

    If “almost everyone” you know does these things, that says far more about you than it does about most of the people in America.

    Anonymous
    Anonymous
    15 years ago

    I would not hire #17 as a lawyer, he has no concept of reality. He also has not read the judge’s decision.

    Roses
    Roses
    15 years ago

    I think the only undeniable argument here is that the Government moved in, BUT, it seems permanently. Even is someone is guilty, it is possible that a judge and/or Federal agent might be treating him unfairly or prejudicially. This is not an all or nothing case. The extreme measures seem out of proportion to similiar crimes.

    Fishel
    Fishel
    15 years ago

    Number #22 ,

    I also showed this entire thread to my father, who has been a corporate attorney for 41 years, and to my brother who has been a prosecuting attorney for the past 19 years. They both told me that the attorney #17 is right on target and that your assessments are off-base.

    Yos
    Yos
    15 years ago

    This whole case against him smacks of unfair and overzealous prosecution. There is no other explanation. If you followed this case you would see it. Compare it with other illegal immigrant cases, the others don’t even come remotely close in how the gov is going after them.

    They decided they want blood. Sick, sick, sick. And they were aided and abbetted by a Jewish media (led by the so called Forward).

    Anonymous
    Anonymous
    15 years ago

    WOW, so many lawyers, prosecuters, judges, on line here why dont we just have the trial right here on VIN ?

    Heshy
    Heshy
    15 years ago

    “Are you kidding me? The guy broke the laws of the United States and he is a flight risk (passports and cash found in his house).”

    This is absolute proof that he is a flight risk! Everyone knows that you keep your passport in your neighbor’s house & no more than 12 dollars and 17 cents at home, unless you are planning to run away!

    What a bunch of pathetic losers you self righteous ignorant pathetic losers. Which financially comfortable person doesn’t keep some cash at home? What is the big deal with 20K in cash for someone who is a CEO of a $100 Million corp? And where should he keep his family’s passports, if not in his home? Poster # 17 is absolutely correct. The hick prosecutor in Iowa never saw $20K and painted a picture that was biased.

    Anonymous
    Anonymous
    15 years ago

    Wow! The tone of this has changed from ‘he did nothing’, and ‘he is a great baal tzedaka’ to ‘overzealous prosecution’. Now we have all the chareidi lawyers in the US (all 3 of them) – they were probably thrown out of yeshiva for wanting to make a living) giving their opinion.

    They can not bring themselves to say that the Rubashkins are an embarressment to Jew. They cannot see the chillul Hashem that took place and continues to take place. Are they aware that ChaimAbrahan and all the Rubashkins are still being paid while the workers, both Jew and gentile are not? Are they aware that many, many people will not get paid for goods and services and many of them will go broke?