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Cedar Rapids, IA - Bail Hearing: Rubashkin To Remain In Jail Until Judge Decides

Published on: November 18, 2009 03:47 PM
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Cedar Rapids, IA - Sholom Rubashkin says he had no intention of fleeing the county and leaving his family and the Jewish community while he awaits a federal trial on immigration charges stemming the May 2008 raid at the Agriprocessors meatpacking plant in Postville.

“I’m man enough to stay,” he said. “I never thought about leaving and have never ran away from a fight.”

Rubashkin, 50, testified today at a detention hearing in a federal courtroom in Cedar Rapids. He is seeking to be released on bail pending his trial on 72 immigration charges.

Rubashkin was convicted last week by a Sioux Falls, S.D., jury of 86 charges that included bank, mail and wire fraud, and money laundering. He faces a prison sentence of hundreds of years.

U.S. District Judge Linda Reade will decide on Rubashkin’s request sometime in the future.

Guy Cook, Rubashkin’s attorney, argued Rubashkin had public figure status now and there’s nowhere he could hide without being recognized. He gained national support and attention during his trial from the Jewish community in New York and around the world.

“All the Jewish community is watching,” Cook said.

Cook submitted to the court over 1,300 letters and emails of support for Rubashkin’s release. He also submitted six letters from prominent rabbis who are willing to put up their sacred Torah scrolls as collateral for his bail. Others also are willing to put up more than $7 million in equity on their homes.

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Assistant U.S. Attorney Pete Deegan argued that Rubashkin committed bank fraud after his first pretrial release last year. According to testimony in the financial trial, Rubashkin asked an employee for a thumb drive containing financial records and diverted funds into a separate account to keep hidden from the bank, which held a revolving loan on the company.

During Rubashkin’s testimony today, Deegan asked him about diverting funds but he denied it. He said as he did at trial that two other managers, who pleaded guilty for their part in the alleged scheme, asked him to do it and he didn’t know he was doing anything wrong.

Deegan at one point asked him to tell the truth and Rubashkin shot back, “Does that work both ways – I tell the truth and you tell the truth.”

Rubashkin wouldn’t answer all of Deegan’s questions. When Deegan asked him if he lied under oath in the trial he refused to answer and Reade said she wouldn’t require him to.

Deegan asked the court to deny bail because Rubashkin has a greater motive now to flee than before his trial. Now, he’s been convicted and faces many years in prison.

“As you saw here today in his testimony that he will say whatever suits him at the moment,” Deegan said.



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Read Comments (35)  —  Post Yours »

1

 Nov 18, 2009 at 04:27 PM Anonymous Says:

This gets worse and worse. I feel very bad for the guy.

2

 Nov 18, 2009 at 04:43 PM Anonymous Says:

if you want to help him out, then say tehillim and have emunah that things will work out for the best. i know thats a tall order but thats what he would want you to do.

3

 Nov 18, 2009 at 04:23 PM Acheinu KOL Bais Yisroel Says:

This article specifically states that the DA states "that the fraud was committed after the raid and his release". This tells u that the Federal Immigration Raid caused extenuating circumstances for Agre Processors (whileThe company paid back a substantial part of the loans prior to this)and had to shut down. These extenuating circumstances caused the activities (while illegal) by certain individuals to try and
save the community.
Let us see if the Minnesota Conservative Rabbi quoted a few days ago knows if this is true and let us see if his HECHSHER TZEDEK observes the mitzva of Pidyon Shevuim and he like other Rabbis will offer his Torah as collateral bail for Rubashkin.
Or is his Hechsher Tzedek coming only for selective self serving purposes and in reality it is Hechsher Reshoim and Hechsher Chazir Treif like most of the Conservative Rabbis and members with dietary laws kept only by a small percentage or only at home. So, if Rabbi u can't put up a letter to the judge if these facts are true or a SEfer Torah for Bail, hide your face in shame too. As a Jew u have an obligation to do this ! That is the difference between the other Rabbis and U. The Hechsher i

5

 Nov 18, 2009 at 05:05 PM Dave Says:

Reply to #3  
Acheinu KOL Bais Yisroel Says:

This article specifically states that the DA states "that the fraud was committed after the raid and his release". This tells u that the Federal Immigration Raid caused extenuating circumstances for Agre Processors (whileThe company paid back a substantial part of the loans prior to this)and had to shut down. These extenuating circumstances caused the activities (while illegal) by certain individuals to try and
save the community.
Let us see if the Minnesota Conservative Rabbi quoted a few days ago knows if this is true and let us see if his HECHSHER TZEDEK observes the mitzva of Pidyon Shevuim and he like other Rabbis will offer his Torah as collateral bail for Rubashkin.
Or is his Hechsher Tzedek coming only for selective self serving purposes and in reality it is Hechsher Reshoim and Hechsher Chazir Treif like most of the Conservative Rabbis and members with dietary laws kept only by a small percentage or only at home. So, if Rabbi u can't put up a letter to the judge if these facts are true or a SEfer Torah for Bail, hide your face in shame too. As a Jew u have an obligation to do this ! That is the difference between the other Rabbis and U. The Hechsher i

Actually, the article states that "fraud was committed", not "the fraud was committed". There is a rather distinct difference between the two. And further, it specifies after his release on bail (which means charges had already been filed).

Some of the charges of which he was convicted antedate the raid on the plant. Others occur after.

The reason that the prosecutor brought it up is as an allegation of bad acts while released on bail previously.

6

 Nov 18, 2009 at 03:59 PM mendel Says:

This is in Hashems hands. Just like Faro. Hashem hardened his heart.
The judge and the prosecutor, stink of antisemitism. May Hashem deliver him from this mess.

7

 Nov 18, 2009 at 03:57 PM Anonymous Says:

He showed up every day for his trial. What do they want from him? Oh, yes, I forgot. They want him dead. A korbon. Doesn't matter he didn't drive drunk the wrong way on a highway & kill kids, or blow up a government building in Oklehoma, or fly planes into 2 tall towers. He's evil personified to these anti-semites. And yes, they ARE anti-semites. At this stage, this is personal vindictiveness. A jury has spoken. This has nothing to do with accountability.

8

 Nov 18, 2009 at 05:24 PM Dave Says:

Reply to #7  
Anonymous Says:

He showed up every day for his trial. What do they want from him? Oh, yes, I forgot. They want him dead. A korbon. Doesn't matter he didn't drive drunk the wrong way on a highway & kill kids, or blow up a government building in Oklehoma, or fly planes into 2 tall towers. He's evil personified to these anti-semites. And yes, they ARE anti-semites. At this stage, this is personal vindictiveness. A jury has spoken. This has nothing to do with accountability.

The jury convicted him. Saying the jury "has spoken" is not an argument for his release.

9

 Nov 18, 2009 at 06:13 PM Anonymous Says:

Did the prosecutor show at the trial how he may have committed mail fraud, wire fraud, or money laundering? It doesn't seem like that there was any evidence produced to substantiate those charges. Also, how could there have been bank fraud if the bank knew what he was doing and had been paying back his loans before the raid?

10

 Nov 18, 2009 at 06:03 PM acheinu Says:

Reply to #5  
Dave Says:

Actually, the article states that "fraud was committed", not "the fraud was committed". There is a rather distinct difference between the two. And further, it specifies after his release on bail (which means charges had already been filed).

Some of the charges of which he was convicted antedate the raid on the plant. Others occur after.

The reason that the prosecutor brought it up is as an allegation of bad acts while released on bail previously.

Dave!In referring to the above article , all it says it that the DA states : "Rubashkin committed bank fraud after his release." The chgs may have included acts prior to the Immigration raid. But do you know why the Human Resources woman was acqittted in the Supreme Court?? Because according to rules of fraud, none was committed and the mexicans can even return to the US.
Tens upon tens of counts charged were dropped and in embarrassment others reinstated. Is it true large amounts were paid back to the banks prior to these events.
I suggest YOU READ the recent articles written by mr. Franklin an Irish CIA agent who pleaded guilty to treason and was freed by the Courts this year to care for his ailing wife. He discloses being a double FBI agent and the -Antisemitism they displayed upon his recruitment in trying to get the people at AIPAC (which ended in dropped chges). Rubashkin (if guilty ) deserves to receive punishment if guilty. But the circumstances and the usage of foreign workers by million of individuals in America and businesses does not deserve the severity of sentence the circus and hanging atmosphere surrounding this trial. That is what Dave cannot admit .

11

 Nov 18, 2009 at 07:05 PM me Says:

Reply to #6  
mendel Says:

This is in Hashems hands. Just like Faro. Hashem hardened his heart.
The judge and the prosecutor, stink of antisemitism. May Hashem deliver him from this mess.

funny i was thinking of paroh too while davening-Hashem who hardened parohs heart, soften up the judge's

12

 Nov 18, 2009 at 05:52 PM Anonymous Says:

United States law protects banks against deliberate fraud that is designed to steal their money. Federal prosecutors have recently taken to using the bank-fraud law to prosecute when borrowers’ records show dubious transactions even though the banks are not truly defrauded. After the raid, federal agents carted off Agriprocessors’ financial records and interrogated its bookkeepers. Even the prosecutors did not claim that he intended, when arranging Agriprocessors’ $35 million line of credit from a St. Louis bank, to steal the bank’s money.Would the lending bank have lost its money if federal agents had not conducted an immigration raid on the Postville, Iowa, plant in May 2008? Probably not.

13

 Nov 18, 2009 at 05:32 PM OMG Says:

Reply to #3  
Acheinu KOL Bais Yisroel Says:

This article specifically states that the DA states "that the fraud was committed after the raid and his release". This tells u that the Federal Immigration Raid caused extenuating circumstances for Agre Processors (whileThe company paid back a substantial part of the loans prior to this)and had to shut down. These extenuating circumstances caused the activities (while illegal) by certain individuals to try and
save the community.
Let us see if the Minnesota Conservative Rabbi quoted a few days ago knows if this is true and let us see if his HECHSHER TZEDEK observes the mitzva of Pidyon Shevuim and he like other Rabbis will offer his Torah as collateral bail for Rubashkin.
Or is his Hechsher Tzedek coming only for selective self serving purposes and in reality it is Hechsher Reshoim and Hechsher Chazir Treif like most of the Conservative Rabbis and members with dietary laws kept only by a small percentage or only at home. So, if Rabbi u can't put up a letter to the judge if these facts are true or a SEfer Torah for Bail, hide your face in shame too. As a Jew u have an obligation to do this ! That is the difference between the other Rabbis and U. The Hechsher i

That is not what the article states, the prosecutor argued for detention, and used the tomb nail story to claim that SMR would again commit fraud if he is released, as he committed fraud again after his first release, stop to justify any fraud, it doesn’t help him.

15

 Nov 18, 2009 at 07:28 PM Is this the America I knew Says:

Here is a quote from the Associated Press today: "Prosecutors argued at a bail hearing for a former Iowa kosher slaughterhouse manager that an outpouring of financial support makes him a greater flight risk. . . Assistant U.S. Attorney Peter Deegan noted at the Wednesday hearing that Sholom Rubashkin had raised money for his defense from supporters, and that money could be used to get Rubashkin and his family out of the country."

Can you believe this argument? the government (prosecution) is allowed to spend all the (tax payer) money in the world, with countless attorney's and investigators to harass and ruin a mans life (and you obviously have your 'fair' day in court with a court appointed public defender...). But if this man is lucky enough to have a caring family, friends and community that are ready to raise the money needed to try to defend him from the government full scale attack - this makes him a FLIGHT RISK (because he is actually attempting to adequately defend himself...)

Does this sound like: because you are JEWISH you are automatically a flight risk to run to Israel...

This is totally absurd, MIDAS SDOM and a backwards way of thinking.... Is this the America I knew? What are these prosecutors thinking? Many people that have the means to defend themselves (have lot of $$) go out on bail...

16

 Nov 18, 2009 at 08:06 PM Anonymous Says:

Reply to #5  
Dave Says:

Actually, the article states that "fraud was committed", not "the fraud was committed". There is a rather distinct difference between the two. And further, it specifies after his release on bail (which means charges had already been filed).

Some of the charges of which he was convicted antedate the raid on the plant. Others occur after.

The reason that the prosecutor brought it up is as an allegation of bad acts while released on bail previously.

Dave and OMG read the response in #15 and maybe (which I doubt !) the two of u might understand what the issue is. Read the story of Franklin (the Irish CIA Iranian specialist) wrote about what the FBI does and it's-antisemitism after he was released from prison after pleading guilty to treason because he had no money for a lawyer and The FBI provided him with a Court appointed lawyer.

17

 Nov 18, 2009 at 08:30 PM Anonymous Says:

this sounds like a anti semitism if we dont stand up now, this can come to your doorstep. they didnt go after others. lets not be like sheep. lets be heard we will not tolerate this bs.

18

 Nov 18, 2009 at 08:42 PM Shaul in Monsey Says:

"I never thought about leaving and have never ran away from a fight.”

If SMR really said this in open court it's one more reason his attorney Guy "The Cooker" Cook should be fired. Displaying this kind of arrogance on the record in open court in the presence of the judge is just about as bad as giving the judge the finger. It's this kind of arrogance that is going to get him more years in the judge's discretion than a dozen cleverly crafted legal arguments could undo. Apparently despite all the talk the Chabad leadership has abandoned their golden goose because he is totally helpless in this venue. Any first year law student knows you don't let your client say a syllable more than necessary, and "I never thought about leaving" is all he had to say. I'm amazed at the ineptitude of this defense team. They were successful on only 5% of the charges. The FedPro is only 80% successful on convictions and here they got 95%. Blame the moron Cook. His client may be arrogant, but I'd rather be arrogant than a moron. SMR needs new defense counsel more than Chabad needs a new rebbe. He won't last as long without.

19

 Nov 18, 2009 at 08:49 PM Anonymous Says:

He keeps digging himself deeper into a hole and seems determined to become a martyr. Good luck. If he lied to the banks and cheated his workers, why should anyone believe him when he says he won't run to EY.

20

 Nov 18, 2009 at 09:28 PM joe Says:

The banks lied to the people. They are the fox not the victim. So he lied to a bank and hired a mexican worker/s? And he is going to get 100 years in a cage for that?

I dont care what the prosecutor says. I dont care what the jury says. I dont even care what the judge says. The only true wisdom is from The Creator and what He says counts.

21

 Nov 18, 2009 at 10:21 PM please Says:

find it in your hearts to daven daven and daven!

22

 Nov 18, 2009 at 10:08 PM formally Says:

Reply to #17  
Anonymous Says:

this sounds like a anti semitism if we dont stand up now, this can come to your doorstep. they didnt go after others. lets not be like sheep. lets be heard we will not tolerate this bs.

I think we should stand up it will be the end of people committing fraud and getting away with it.

a true problem for some

23

 Nov 18, 2009 at 10:52 PM chusidwb Says:

I truly and sincerely hope moshiach is on the horizon, the anti semitizem what we saw at this trial and other real tzoros going on by yidden is just too much!

24

 Nov 18, 2009 at 10:26 PM OMG Says:

And the creator spoke to you, now I get it, God always discuses with you,

25

 Nov 18, 2009 at 10:59 PM anonymous Says:

Reply to #18  
Shaul in Monsey Says:

"I never thought about leaving and have never ran away from a fight.”

If SMR really said this in open court it's one more reason his attorney Guy "The Cooker" Cook should be fired. Displaying this kind of arrogance on the record in open court in the presence of the judge is just about as bad as giving the judge the finger. It's this kind of arrogance that is going to get him more years in the judge's discretion than a dozen cleverly crafted legal arguments could undo. Apparently despite all the talk the Chabad leadership has abandoned their golden goose because he is totally helpless in this venue. Any first year law student knows you don't let your client say a syllable more than necessary, and "I never thought about leaving" is all he had to say. I'm amazed at the ineptitude of this defense team. They were successful on only 5% of the charges. The FedPro is only 80% successful on convictions and here they got 95%. Blame the moron Cook. His client may be arrogant, but I'd rather be arrogant than a moron. SMR needs new defense counsel more than Chabad needs a new rebbe. He won't last as long without.

don't worry ! U will find some surprises very soon!! I agree that Rubashkin should not have said the comment and I personally can tell u I gave a deposition and my famous lawyers were (3 lawyers) busy playing with their blackberries and didn't object at any comments that they should have.
There are certain things behind the scenes that are going one that will shock u even more that SR has been subjected to. Totally inappropriate- ! this will all come out on appeal!

26

 Nov 18, 2009 at 11:00 PM Anonymous Says:

Reply to #20  
joe Says:

The banks lied to the people. They are the fox not the victim. So he lied to a bank and hired a mexican worker/s? And he is going to get 100 years in a cage for that?

I dont care what the prosecutor says. I dont care what the jury says. I dont even care what the judge says. The only true wisdom is from The Creator and what He says counts.

"I dont care what the prosecutor says. I dont care what the jury says. I dont even care what the judge says. The only true wisdom is from The Creator and what He says counts"

Good; the Ebeshter has spoken through the jury..they found SMR guilty. the Ebesheter will also speak thorugh the judge: He will sentence SMR to many years in prison. Your trust in Hashem is refreshing but don't you realize that nothing happens in this world that he doesn't want. The CREATOR HAS SPOKEN: Guilty.

27

 Nov 19, 2009 at 12:03 AM frik Says:

Please say tehillim . Shollom is sitting in a revolting jail - He needs to get out, - every moment that we say tehillim it helps - Please have Sholom Mordechei Halevi Ben Rivka in mind when you give tzedoka daven ect...

As far as those who want to speak loshon Hora - you, keep your genius comments to yourself !

28

 Nov 18, 2009 at 11:59 PM Milhouse Says:

Reply to #26  
Anonymous Says:

"I dont care what the prosecutor says. I dont care what the jury says. I dont even care what the judge says. The only true wisdom is from The Creator and what He says counts"

Good; the Ebeshter has spoken through the jury..they found SMR guilty. the Ebesheter will also speak thorugh the judge: He will sentence SMR to many years in prison. Your trust in Hashem is refreshing but don't you realize that nothing happens in this world that he doesn't want. The CREATOR HAS SPOKEN: Guilty.

I'll bet you dance at terrorist attacks too. Everything that happens is retzon Haborei, including 9/11 and the Holocaust, but that doesn't mean we should be happy. And you don't know yet how this story will turn out. What Hashem plans for SMR we don't know; but we do know what He has told us to do: ואהבת לרעך כמוך

29

 Nov 19, 2009 at 03:35 AM Hashem will help very soon Says:

The gov't did not allow most of their defense into court for the jury to hear. How can any Yid even for a split second side with the prosecutor/gov't? You obviously don't understand this could just as well be you.

30

 Nov 18, 2009 at 11:14 PM Anonymous Says:

Reply to #25  
anonymous Says:

don't worry ! U will find some surprises very soon!! I agree that Rubashkin should not have said the comment and I personally can tell u I gave a deposition and my famous lawyers were (3 lawyers) busy playing with their blackberries and didn't object at any comments that they should have.
There are certain things behind the scenes that are going one that will shock u even more that SR has been subjected to. Totally inappropriate- ! this will all come out on appeal!

I hope you're right , we need better news from this parsha, I feel bad for SMR and his family. Such blatent anti semitism . Every bank has had illeagal mortgages now with the mortgage meltdown ,has any of the bankers been indicted? From all the sweat shops closed because of illeagal workers , has any of them been charged with a crime? Only agri . The feds got there with busloads of agents to catch the jew!

31

 Nov 18, 2009 at 11:13 PM True Justice Says:

Its very interesting to contrast the 'justice' in the American legal system

here is a news story today from AFP: "A judge on Wednesday handed a six-year jail sentence to one of five men convicted of plotting to blow up the tallest building in the United States, Sears Tower, and swearing allegiance to Al-Qaeda..."

6 years for conspiring to blow up largest building in America! oh, he's probably Muslim, so we need to understand his 'frustrations' and where is is coming from..

But for writing false numbers in a bank aplication - even thogh you actualy made ALL payments on time and had every intention to pay every peny back -- you can face 1200 years..

Only in America...

32

 Nov 19, 2009 at 09:26 AM Anonymous Says:

Reply to #27  
frik Says:

Please say tehillim . Shollom is sitting in a revolting jail - He needs to get out, - every moment that we say tehillim it helps - Please have Sholom Mordechei Halevi Ben Rivka in mind when you give tzedoka daven ect...

As far as those who want to speak loshon Hora - you, keep your genius comments to yourself !

Maybe if you or others would have thought of that earlier and given charity to the people workers SMR cheated and needed to go to soup kitchen for food he would have been in less trouble.

You still can redeem him by helping his x workers and show you have compassion for gentile too

33

 Nov 19, 2009 at 09:21 AM formally Says:

smr should have said I won't run my other family members, did not run and sat in Jail instead of running to Israel

34

 Nov 19, 2009 at 11:48 AM Anonymous Says:

Reply to #31  
True Justice Says:

Its very interesting to contrast the 'justice' in the American legal system

here is a news story today from AFP: "A judge on Wednesday handed a six-year jail sentence to one of five men convicted of plotting to blow up the tallest building in the United States, Sears Tower, and swearing allegiance to Al-Qaeda..."

6 years for conspiring to blow up largest building in America! oh, he's probably Muslim, so we need to understand his 'frustrations' and where is is coming from..

But for writing false numbers in a bank aplication - even thogh you actualy made ALL payments on time and had every intention to pay every peny back -- you can face 1200 years..

Only in America...

Very interesting indeed, and maybe this is what we should be "respectfully" being sending to the judge!

35

 Nov 19, 2009 at 12:10 PM Dave Says:

Reply to #31  
True Justice Says:

Its very interesting to contrast the 'justice' in the American legal system

here is a news story today from AFP: "A judge on Wednesday handed a six-year jail sentence to one of five men convicted of plotting to blow up the tallest building in the United States, Sears Tower, and swearing allegiance to Al-Qaeda..."

6 years for conspiring to blow up largest building in America! oh, he's probably Muslim, so we need to understand his 'frustrations' and where is is coming from..

But for writing false numbers in a bank aplication - even thogh you actualy made ALL payments on time and had every intention to pay every peny back -- you can face 1200 years..

Only in America...

And Kevin Webber is doing 26 years to life in California for stealing 4 chocolate chip cookies.

36

 Nov 19, 2009 at 01:48 PM Anonymous Says:

Reply to #32  
Anonymous Says:

Maybe if you or others would have thought of that earlier and given charity to the people workers SMR cheated and needed to go to soup kitchen for food he would have been in less trouble.

You still can redeem him by helping his x workers and show you have compassion for gentile too

"to the people workers SMR cheated"-- There was not a single charge (if u took the time to read it ) that any worker was cheated ! In fact if true , the Feds would never have dropped the 72 counts today but insisted on knocking the nail in the coffin. U seem to be very vindictive. One thing about Sholom and the Rubashkins , they are tough but Sholom is compassionate. I personally have seen how they treat their gentile workers. Some workers are just incompetent and different strokes for different folks!

37

 Nov 19, 2009 at 03:12 PM Anonymous Says:

It appears as if the Federal Government -- Obama Administration -- is determined to put on a Soviet style show trial as a signal to the Jewish Community to fear them and not make trouble for their communist take over of the USA. This is only the beginning. The "PURGES" are coming.

38

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