Postville, IA – Rubashkin’s Attorneys Ask for No More Than 6 Years in Prison

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    Postville, IA – Lawyers for former eastern Iowa slaughterhouse executive Sholom Rubashkin asked a judge Friday to sentence their client to no more than six years in prison.

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    Rubashkin’s legal team argued in court papers that the former Postville meat plant officer “lost his way” and did not personally profit from a fraud scheme and use of illegal immigrant workers at Agriprocessors Inc.

    Rubashkin was convicted in November of 86 fraud-related crimes for his part in a scheme to falsify bank and sales records. Prosecutors had charged him with 91 counts including bank, mail and wire fraud, false statements to a bank, and failing to pay cattle providers in the time required by law.

    Agriprocessors Inc. was the site of a May 2008 immigration raid that led to the arrest of 389 illegal workers. The plant slipped into bankruptcy but emerged under new ownership as Agri Star.

    Prosecutors indicated in December that they would recommend a 21- to 27-year prison term for Rubashkin.

    The suggested sentence — which a judge can accept or ignore — is based on federal guidelines that consider the number of victims, Rubashkin’s specific role in the crime and other factors.

    U.S. District Chief Judge Linda Reade has set a two-day sentence hearing for Rubashkin on April 28 and 29 in Cedar Rapids. Rubashkin has been held without bond in the Linn County Jail.

    In court papers, defense lawyers said Rubashkin has lived a life of “selfless contributions to both the Jewish community and the greater community at large.”
    His attorneys also pointed to an online petition with 16,000 names that asks for a “compassionate and merciful sentence.”

    “He didn’t rob, steal or cheat anyone,” said defense lawyer Guy Cook. “It’s not a bank robbery. It was motivated by honoring his father, which is a big part of his religion . . . and trying to keep his father’s business afloat.”

    The U.S. attorneys who prosecuted Rubashkin argued at trial that the 51-year-old’s religion and past charity work were irrelevant to his charges. They also disputed Rubashkin’s claims that he was an incompetent manager who was unaware of the fraud and illegal immigrant work force.


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    61 Comments
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    CV
    CV
    14 years ago

    Mr. Rubashkin does not deserve to sit anymore let alone another 6 years. There were similar cases to this one and not one of those cases were handled as harshly as this one with Mr. Rubashkin. American Aparrel in L.A had a similar story and all they had to do was pay a fine. This is anti semitism. To all of you self hating Jews….. Careful what you wish upon this good man because in this “land of the free” you may just be next.

    Anonymous
    Anonymous
    14 years ago

    why would they ask for six years let them ask for less then that? other people get of cheaper for much greater crimes, its pathetic the racizim that goes on in this country , what can we do we’re in goulus

    Abba
    Abba
    14 years ago

    Hashem Yerachem

    insider
    insider
    14 years ago

    prosecutors want from 21 to 27 yers in prison. 27 minus 21 is exactly 6. Bingo. Who knows? Everything is in the hands of Heaven. Our job is to pray for a fellow Jew.

    mrs boro parker
    mrs boro parker
    14 years ago

    Before any of you attempt to make heartless comments here I urge you to do ONE thing. Go to CROWNS restaurant on 13th avenue and you will see Sholom’s mother in there, a devout woman who sits there day and night (even when the family were super wealthy) and this restaurant was setup mainly as a soup kitchen. Many people a day walk in there and are seated and fed whatever they order on the menu and the different is that if they cannot afford to pay they DONT. I see it with my own eyes and I go there as a paying customer. Each time we are there we beg for a brocho from this selfless rebbetzin who lives her life helping the klal. Go see her shabbos table and you will be amazed by the dozens of people sitting there who you would never take to you own shabbos table. No matter what they look like or how many weeks they did not shower – these homeless people have a place at the rubashkin table.

    so for all of you reading this – remind yourself if you even do 10% what the rubashkin’s do to help the klal and keep those nasty comments for those that really Do deserve it!!

    harvey
    harvey
    14 years ago

    fianally the lawyers for SR are admitting he is a thief. but i gues if u are saying your father dying business it makes it all right to do wrong things.. give me a break,

    Anonymous
    Anonymous
    14 years ago

    “He didn’t rob, steal or cheat anyone,” said defense lawyer Guy Cook. “It’s not a bank robbery. It was motivated by honoring his father, which is a big part of his religion . . . and trying to keep his father’s business afloat.”

    Unfortunately for SMR his lawyer sounds like a real COOK…..

    Brian
    Brian
    14 years ago

    My heart aches for the family. History will expose this as a witch hunt probably motivated by deep seeded disdain for Jews. May G-D bless the Rubashkin family. They don’t deserve this suffering.

    Brian
    Brian
    14 years ago

    May G-D bless the Rubashkins. American ‘justice is a disgrace. The prosecution has deep seeded hatred for Jews.

    Not So Smart
    Not So Smart
    14 years ago

    I walked into that restaurant in the Summer – I’m not sure what gave them the impression… But when I wanted to pay she refused payment – Mi Keamcha Yisroel!

    My question is why so few names on the petition? Almost Every kosher keeping Yid has benefited from the Rubashkin family and asking for mercy is humane.

    Anonymous
    Anonymous
    14 years ago

    why six years?????????????????????????????????
    \
    What type of lawyers does he have? 12 months, not a day more.

    Anonymous
    Anonymous
    14 years ago

    5. Mrs. Boro Park – I am so glad you captured so well the chessed of the CROWN Restaurant and the totally bakovediker way in which people are treated. This place has been in existence for more that 25 years that I know!!! – long before Hamasbia was even a cholom!!!!! And for those anti-Lubavitchers – who do you think is served by such a restaurant in Boro Park – dayner toshovim for the most part!!
    Don’t lose bitochon Hashem bleibt nisht kein baal choiv!

    Anonymous
    Anonymous
    14 years ago

    His crime “was motivated by honoring his father, which is a big part of his religion”

    Sorry, but yiddishkeit does NOT say that fraud,theft etc. are ways in which yidden can obey the requirement to be “kabed et avicha”. Being a crook is not a big part of yiddeshkeit

    Anonymous
    Anonymous
    14 years ago

    His lawyer actually said he didn’t rob a bank, he is not a thief but please give us only 6 years? What does it mean “he did it for his dad and religion”? Sounds like his lawyer graduated Touro Law because logic is not part of his training.
    Rubashkin’s family may well be very good people at heart and help their communities a lot, but in this country Robin Hood argument does not fly with the law and the general public.

    Anonymous
    Anonymous
    14 years ago

    Mir leben in a malchis she’ll chesed uber nisht in a malchis she’ll rachmim – as is bitter ven sei nemen sich iber a yid

    sign pitition now!
    sign pitition now!
    14 years ago

    Its not too late to sign the pitition and send to a friend.

    http://www.thepetitionsite.com/2/fair-and-equal-justice-for-sholom-rubashkin

    They are upto 21,000 and want 30-50, 000.

    Or go to http://saverubashkin.com/ to write letters etc.

    from here to there...
    from here to there...
    14 years ago

    “to sentence their client to no more than six years in prison.

    Rubashkin’s legal team argued in court papers that the former Postville meat plant officer “lost his way” and did not personally profit from a fraud scheme and use of illegal immigrant workers”

    so, forgetting about the number of years – what about all those cries of his innocence? he and his legal team have just admitted his guilt! oh and to the lawyer that said it was not bank robbery, yes, it was bank robbery. committing fraud against a bank to procure funds that you are not entitled to is robbery.

    Anonymous
    Anonymous
    14 years ago

    six years is ridiculous. the man has inept lawyers. i signed the petition at justice for sholom. i feel like making a petition to get rid of his stupid lawyers.

    Anonymous
    Anonymous
    14 years ago

    There is no anti-semitism here. Rubashkin took on the unions and lost. They successfully created a climate where Rubashkin is thought to be an evil criminal. They sicked PETA on him. They had all the Iowa papers against him. It is not anti-semitism, but the unions flexing their might. His lawyers recognize this and asked for six years. Bank robbers get less than he will get. This country is going to pot – fast. But it was a beautiful country once without real anti-semitism.

    arik
    arik
    14 years ago

    I cannot understand how the case was not prejudiced from the onset after then Barack Obama, on one of his campaign speeches, referred to the Agri case and stated publicly that this sort of activity must be stopped and he would it make it one of his priorities to stop this behaviour in the work place.

    Thereby he inferred and pre-empted and prejudiced the Agri case as guilty as charged before the case even came to trial.

    How is it that none of the lawyers picked up on this and thereby have the case dismissed as a result of Obama’s prejudicial statement?

    Was not this contempt of the judicial system for a fair trial and innocent until proven guilty?

    Also why is SMR referred to as Mr when he is an ordained Rabbi and deserves to be addressed as such?

    Mordy G
    Mordy G
    14 years ago

    I wish this man the best of luck!
    I hope he gets as little time possible, we should all pray for this man, our brother, yes he may be guilty but the defense makes a very good point, that he didn’t rob a bank or rob individuals…

    Good luck

    Mr. Green
    Mr. Green
    14 years ago

    In the memorandum filed by Rubashkin’s (whoops, sorry, I mean Reb Sholom’s) lawyers they not only say he did it for his father, they also claim that he is suffering from Major Depressive Disorder, and has been treated for this condition for many years now. So not only is he a baal chesed, he is also a meshugener. This is the claim of the defense (not me, chas v’sholom), you can read the memorandum on-line. And whatever is said in defense of Rubashkin (whoops, sorry I mean Reb Sholom) must be 100% true – according to 99% of responders on this web-site.
    So, listen up, he’ll get 8 years (plus/minus 1 year). And then the lawyers can complain about the inadequate psychiatric treatment in the federal pen.

    Anonymous
    Anonymous
    14 years ago

    Six years is an outrage. no a day more than one year!!!

    pityu
    pityu
    14 years ago

    i personally feel that if he pays up he should go free no jail time at all i think its a fair deal i agree with those who say jail is a horrible sentence

    Anonymous
    Anonymous
    14 years ago

    Rubashkin = Madoff I am glad to see his defense is admitting that he should receive jail time.

    #28 sounds intelligent
    #28 sounds intelligent
    14 years ago

    post #28 got it right in my opinion, but I do believe some sort of anti-Semitism hand a hand here. For example, the KKK admitted to infiltrating the company.
    However, the unions were the ones that got the ball rolling and the hype going.

    Anonymous
    Anonymous
    14 years ago

    He does not deserve even 1 single day in jail. . Hashem help him pleases

    OMG
    OMG
    14 years ago

    For the life of me I don’t understand why SMR’s lawyers decided to throw his under the bus, to claim in the in the defendants motion for downward departure and or variance memorandum 4-9-2010, page 13, that one of the reasons why SMR stayed on a VP, because his father was uncompromising and vindictive, as an example on page 19, SMR’s lawyers wrote that a few years back, when SMR decided to leave his father business his father retaliated by withdrawing his health insurance, well first of all they just make out his father as a monster, and two it sound to me that his father only did what the law requires, if someone leaves employment the company must drop his insurance, so his father only did what he was legally bound to do, drop his coverage, but now to blame his father for his action? Blame everybody but yourself.

    Anonymous
    Anonymous
    14 years ago

    i have lost all faith in the judicial process.
    the man was punished enough and should be set free. his lawyers are terrible – and i think that the john Doe public must do all to help stop this travesty. forget 6 years – not more than six months!! Having everything wrested away from him, and his heretofore imprisonment, is enough punishment!

    ..
    ..
    14 years ago

    A person that makes a seudas horaya had his life in danger. He admits that Hashem is the ultimate judge and Hashem sent mim a warning that he better heed.

    Well, it looks like Hashem sent the Rubashkin family many warnings. But they continues to hire illegals, they continues to have a check kiting scheme against the bank, they continued their Kashrus shenanigans, they continued to play with people’s lives. Look at the mess they are in now!! KKK? PETA? Unions? Antisemitism? Nope. All done by Hashem’s hand.

    And what was your reaction? Judging by the posts here, Harvey, #6 is to blame for it all. Sorry, Harvey. You never got the warnings that the Rubashkin Family got. You never saw it coming like they did. I just can’t wait to see what Millhouse has to say to you.

    Shaul in Monsey
    Shaul in Monsey
    14 years ago

    While the defense memorandum stoops to new lows in presenting Torah values in a perverse light for the sake of the defense, let’s hope the judge sees through the rhetoric and orders a sentence that is tempered with mercy. Instead of blaming everyone but himself, I think the defense should have shown some remorse and take responsibility – instead of blaming the father, the religion, and the new claim that Rubashkin is a mental case. I think had this memorandum shown SMR as contrite, sorry and remorseful, instead of the victim, it would have gone a long way to get the judge to limit the sentence. They did not do that and I believe it is an error.

    simple daas
    simple daas
    14 years ago

    This man helped 10s of 1000s of people, he dosnt deserve jail or bail- free him today.

    John Galt
    John Galt
    14 years ago

    This is why people should open businesses in right to work states. If you open a business in a union state then eventually the unions will cause a ruckus if you try to stand up to them.

    Anonymous
    Anonymous
    14 years ago

    may Hashem repay the rubashkins for all the wonderful deeds theyve done.

    Anonymous
    Anonymous
    13 years ago

    תלמוד בבלי מסכת יומא דף פו/א

    מי שקורא ושונה ומשמש תלמידי חכמים ואין משאו ומתנו באמונה ואין דבורו בנחת עם הבריות מה הבריות אומרות עליו אוי לו לפלוני שלמד תורה אוי לו לאביו שלמדו תורה אוי לו לרבו שלמדו תורה פלוני שלמד תורה ראו כמה מקולקלין מעשיו וכמה מכוערין דרכיו ועליו הכתוב אומר באמר להם עם ה’ אלה ומארצו יצאו