RUBASHKIN GETS BAIL

Details:

Judge reduces Rubashkin bail; release expected Thursday 
By JENS MANUEL KROGSTAD, Courier Staff Writer

CEDAR RAPIDS —-  U.S. Judge Linda Reade ordered former Agriprocessors CEO Shalom Rubashkin’s bail reduced this morning, facilitating his release from jail awaiting trial.

Reade reduced Rubashkin’s bond to $500,000 and allowed him released from jail under several conditions, including: that he and his family surrender their passports and birth certificates; that he wear an electronic monitoring bracelet; and that his travel be restricted to Allamakee County.

In response to allegations that Rubashkin violated court orders, Reade ordered Rubashkin not to have contact with potential witnesses. He also was barred from setting foot on Agriprocessors property.

He will be released at 8 a.m. Thursday, unless the federal government appeals his release.
Rubashkin’s attorney, Guy Cook of Des Moines, attributed the release to the fact that Reade was able to hear witnesses testify to Rubashkin’s commitment to the Postville and Jewish communities.

“He (Rubashkin) is not a coward,” Cook said. “He wants to face these charges . Justice has prevailed. Judge Reade has protected his constitutional rights.”

Rubashkin faces charges of harboring illegal immigrants, document fraud, bank fraud and identity theft. Earlier this month, the government filed a third round of charges for money laundering and violating orders from the U.S. agriculture secretary. Rubashkin has pleaded not guilty to all charges, and is being held at the Dubuque County Jail.

Federal immigration authorities raided the Postville plant in May, detaining 390 people.

Rubashkin’s case has gained notoriety in part because Israel’s “law of return” was cited as one reason for denying bail. Israel extends citizenship to any Jewish person or family member who wishes to settle in the country.

After his initial arrest in October, Rubashkin was granted release on a $1 million bond and a requirement he wear a GPS monitor.

But after a second round of charges were filed, agents said they found $20,000 in cash and silver coins and passports backed in a travel bag in his bedroom.

The Des Moines Register:

Update: Judge grants bail for Rubashkin
TONY LEYS

Sholom Rubashkin, the former top executive at the Agriprocessors meatpacking plant in Postville, should be released from custody on $500,000 bond while he awaits trial on multiple federal counts of bank fraud and of helping illegal immigrants obtain false documents, a judge ruled this morning
Rubashkin has been in federal custody since Nov. 14. Prosecutors had contended he might flee if let out of jail.

Rubashkin is expected to be released from jail Thursday morning.

His wife, Leah Rubashkin, expressed relief outside the courtroom. She said she could not wait to welcome her husband home.

“We’ll give him a warm meal that he hasn’t had in two months,” she said. “And he’ll be surrounded by his children, who love him and miss him.”

A magistrate judge agreed with prosecutors last fall to deny bail for Rubashkin. The case has gained national attention because the magistrate’s decision was partly based on the theory that Rubashkin could become an Israeli citizen under Israel’s “Law of Return,” which welcomes Jews from around the world.

Prosecutors noted that two other former Agriprocessors managers are believed to have fled to Israel instead of facing charges in the United States. One of them has repeatedly contacted people in northeast Iowa, an FBI agent testified, though the agent acknowledged that he has no evidence that the man has contacted the Rubashkins.…

[Hat Tip: Postville Radio.]

Comments

[Sam]

HAHA!

[Empathy]

Mazal Tov ! ! ! Mazal Tov ! ! !

It's a Happy Day !

[sage]

Hi Sam,

When all is said and done, you won't be having the last laugh.

[Minneapolis Man]

THANK GOD

[Sam]

++When all is said and done, you won't be having the last laugh.++

So you know exactly why i laughed when i heard this news. Can you read minds of people you see and hear talk or only of people who write comments on the internet who you haven't heard nor saw? Wow, perhaps you should be working for the FBI, or better yet, Shmarya.

[sage]

Hi Sam,

It's just basic common sense.

When one laughs when someone like SMR is released on bail, it means that he's someone who is basically an OK fellow.

Unless one has a very immaginative sense of humor.

[nachos]

Get the mountain dew and vodka ready!!

[old pall of shmarry]

may this be only the bigining of good news

[mm]

just curious . would smr be allowed to have cameras in his home so that he can see the daily going ons in the agri plant?

[Al]

I dunno: What does the RCA have to say about this ? maybe there is a lawsuite on the grounds of freedom of religion ! Mr. Rubashkin can not be expected to wear an electronic device on shabbat can he ?

Or.. maybe he just sits very still for the entire shabbat... making sure not to move even a few measlky inches.. then it may be alright...

RCA: any opinions ? oh.. excuse me,let me ask the real question here.... Please provide your flawless, all knowing and sometime financially-motivated interpretation of the god's will as stated between the lines in the Bible which god gave us on Sinai ?

[state of disgust]

Who owns SMR's house?
If its owned by Agriprocessor he can't step foot in the house.

[Sam]

++When one laughs when someone like SMR is released on bail, it means that he's someone who is basically an OK fellow.++

Wow, I'd say you possess a pretty imaginative 'basic common sense'. That's a far stretch, don't ya think. Can you explain how logic dictates your conclusion? Unless, of course, you lack any common sense.

[Archie Bunker]

http://www.msnbc.msn.com/id/28873783/

Verasun, Iowa's largest ethanol producer, filed for bankruptcy last October. Now, thousands of Iowa farmers who sold their corn to Verasun under contract last summer, could be out millions.

The head of Iowa's Renewable Fuels Association acknowledges it's a painful time for the industry. He's not ruling out additional ethanol plant closures or production cuts.

[Archie Bunker]

I heard Sarachek is desperately looking for more employees.

http://www.msnbc.msn.com/id/28864957/

January 26, 2009--The Iowa Department of Corrections says it must release more than a dozen sex offenders from prison. The move comes following a pair of Iowa Supreme Court rulings made last week.

Prison officials kept fifteen sex offenders locked up for not completing their treatment program. But the state's high court ruled the department can only suspend an inmates' "earned time" if their offense was committed after January 2001. The decision means the fifteen offenders have served their time.

For a complete list of the offenders, click here.

[concerned citizen]

God help us all and all of those who were and are victims of this mess. I sure hope the govenment appeals!!!!!! There's gonna be war!!!!!!!

[Archie Bunker]

What is Nevel currently worth?

http://www.forward.com/articles/15014/

said Rabbi Pesach Lerner, executive vice-president of the National Council of Young Israel, who organized the delegation of rabbis that visited Rubashkin. “Sholom Rubashkin has no funds.

[Archie Bunker]

Hey SHmarya,

"BREAKING!!!!!"

http://www.hdnews.net/wirestories/l0720-BC-IA-Slaughterhouse-Ch-1stLd-Writethru-01-27-0596

DES MOINES, Iowa (AP) -- Nearly a thousand new charges have been filed in the state's prosecution of alleged child labor violations at a kosher meatpacking plant in northeast Iowa.

The 954 new charges were filed Jan. 16 against Jeffrey Heasley, a beef production supervisor at the Agriprocessors Inc. plant in Postville. They include alleged child labor violations of employing minors in a meatpacking establishment and for exposing minors to dangerous or poisonous chemicals.

According to an online court docket, the state filed a motion last week to join the case against Heasley with the other defendants facing child labor charges. Heasley's trial is scheduled for April 20, the same day as the other defendants. He is scheduled to appear in court for a hearing Wednesday.

An attorney for Heasley was not listed in court documents, the Allamakee County Clerk's Office said. A woman who answered the telephone at the Agriprocessors plant said Heasley continues to work there. A message left for him on Monday afternoon at the plant wasn't immediately returned.

[Yochanan Lavie]

Just because he's out on bail doesn't mean he'll be acquitted. Don't celebrate prematurely. Even Shmarya argued earlier that bail would be appropriate. Even Bernie is under (pent)house arrest. Time will tell.

At least he won't have to wear that non-Shaatnez tested orange jumpsuit.

[Paul Freedman]

son of a gun ...

he better hope the feds don't repackage their indictments again out of spite

our very own de facto citizen of the world

Episode 24 of

"The Rubashkins: Morning Dew in Postville"

[Burech]

Someone was telling me that he had another lawer ...

is it the same lwyer he had all the time ?

[Shmarya]

Hey SHmarya,

"BREAKING!!!!!"

http://www.hdnews.net/wirestories/l0720-BC-IA-Slaughterhouse-Ch-1stLd-Writethru-01-27-0596

DES MOINES, Iowa (AP) -- Nearly a thousand new charges have been filed in the state's prosecution of alleged child labor violations at a kosher meatpacking plant in northeast Iowa.

ROTFL!

I saw the headline and thought it was another bot harvesting old stories!

[FirstGenerationBavarianAmerican]

There have been cases like this in the past where the prosecutors ran to a higher court to appeal the decision to release a suspect on bail.

A bail hearing basically forces a judge to be a fortune teller. So, why the difference in opinion between the two judges? Remember that the ICE bank fraud investigation affadivit was sworn to Judge Scoles. The document was posted here:
http://failedmessiah.typepad.com/failed_messiahcom/Sholom%20M.%20Rubashkin%20Bank%20Fraud%20Affidavit.pdf
This document was filed a few days before Judge Scoles denied bail on November 20th.

Lets see what the prosecutors do. As we have seen in the Madoff case, financial fraud can be covered up for a long time. If the suspect has a few illegal plates spinning in the air, putting him in the cooler will reveal what hits the ground. Maybe that is all the prosecutors wanted to do all along.

[Archie Bunker]

What a joke. Much of the equipment is leased and the water treatment plant is underwater (pun intended).

http://www.forbes.com/feeds/ap/2009/01/27/ap5968987.html

The bid is for all of the Postville slaughterhouse's inventory, accounts, furniture, fixtures and equipment; the 70 acres on which the plant sits; the plant's part ownership of a local water-treatment plant; and a sister slaughterhouse in Gordon, Neb., called Local Pride.

[nachos]

Archie:

The sellers of corn to Verasun have protection just like producers that have sold cattle to Agri. The ones that are going to get hurt are the producers that have contracts to deliver corn in the future.

Archie, all kidding aside you are an enigma to me. At times, you offer some valuable input and other times you just act like a putz. You are an enigma to me!!

[Archie Bunker]

That's it? The single Postville foreclosure is the only one in the entire county.

http://www.foreclosure.com/citySearch.html?st=IA&cno=005&tab=c&ci=Postville

Postville, Iowa, currently has 1 foreclosures, 0 preforeclosures, 0 bankruptcies, 2 for sale by owner (FSBO), 0 tax liens, 0 auctions.

Active
E Williams St, Postville, IA 52162 $57,900

Iowa Info Updated: Jan 27, 2009
Foreclosures: 1,063
Preforeclosures: 374
Bankruptcies: 520
FSBOs: 450
Tax Liens: 48

[Archie Bunker]

Nachos, consider that this is Shmarya's first entry in a while where he didn't blame the economy, global warming and the cow pies on your ranch on orthodox Jews.

[Al]

In the Forward article is th following quote: "Rabbi Moshe Elefant, who visited the jail as a representative of the O.U., said he was there not to say whether Rubashkin was guilty or innocent, but merely to support a fellow Jew."

I would like the OU to Tell me how come it shows so much mercy to a man who has been feeding the entire jewish community non-kosher meat ? a man who has committed such a huge chilul hashem ? a man who has blatantly broken so many US laws and hurt so many people... AND yet.. the OU seems to be ready to pull hashgacha's for lesser lapses of diligence and shows no real mercy on the families they bankrupt by doing so.... Now that said, I would be ok with it if it was a sincerely diligent execution of jewish law in accordance with the law and nothing else.. but its not... somehow the Rubashkins seem to be unjudged by the OU, the RCa and other organizaitons that claim to uphold the strictest ideologies of religios jusdaism.... Something is not right here and the OU's credibility is going down the drain with the Rubashkin families reputation.

[Archie Bunker]

Al, you are right in this case but the OU will never admit it. Or at least until the corrupt figures at the top like Genack & Katz are given the heave ho. What do you expect when the OU Chairman was caught red handed selling treif meat himself?

[Al]

Hey.. i think we do have the basis of a new HBO series.. think of the Sapranos but the mobsters all have beards and payos. I think this could be a very, very funny show. There is lots of real material to draw from and hey.. you can't make this Shnit up !

the only downside is that the viewer will most certainly have difficulty seperating the behavior of these thugs with the behavior of real observant jews who are simply the unknowing victims of these Soprano-like mobsters who pull the wool over their eyes and take advantage of them everyday.

Just think of the backroom conversaitons between Tony Rubashkin and the union representatives (I mean Orthodox Union Representatives) with regard to the legal (halichik) justificaiton of his deeds, think of the shiurin that follow or proceed these meetings. Each show can open like an episode of deperate Housewives with a halchick quote to be twisted and re-interpreted until it meets Tony Rubahkin's needs... then repeated at the end of the show to provide new insights as to how halacha can be used to provide personal benefit to those with the money and those who empower them by intepreting what god really meant...

I think we have a show here.

HBO: contact me for ideas for a pilot... I think this is a blockbuster.

[Al]

Archie: A breath of fresh air.. you and I in agreement.. I like it.

So fill me in.. the chairman of the OU was caught selling treif meat ? tell me more - sounds like another episode for HBO.

[Burech]

Someone was telling me that he had another lawer ...

is it the same lwyer he had all the time ?

[Fred E.]

Al,
In response to your statement that Rubashkin has been "feeding the entire Jewish community non-kosher meat". Have there been any documented cases that any Rubashkin meat labled as "Kosher" was actually neveila or tarfus?

[Archie Bunker]

Central Glatt in Newark was owned by the current Chairman of OU Kashrus. After he was caught with treif veal, the company closed overnight and he refused 3 summons to appear at the court of Rabbi Moshe Feinstein, which means he is excommunicated. When the Jewish Press wrote about it he filed a multi-million dollar defamation lawsuit in Federal court.

Menachem Genack who was already the OU's CEO brought this lowlife aboard as Chairman after this happened. There are various theories why they cover up for each other. His name is Steve Katz and he is also a professor at CUNY's Baruch College and has been involved in other companies with shady financial dealings.

[great news!]

may he only have happiness ,
vnahapoch hu!

[Paul Freedman]

Al, this would be an *incredible* HBO show--I wish some Hollywood Jews would realize that this all the ingredients of a major hit:

a) a social milieu that will be exotic to most viewers
b) a lets-see-how-real-life operates hook--the slaughter industry (like the Eye-talians food processing and construction trades etc)
c) fascinating and oddball personalities
d) whatever high-minded organizing themes the writers wish to weave throughout--community vs. outsiders; law vs. Justice; piety vs. tempation etc. etc.

Monster hit!

[joe momma]

Maybe we should give him geting out party and make him eat a pork sandwish .and make him live in home less shelter.look out for the cowboys. And we need to thank amy dickel of statefarm inc for all her help and run her sory ass out of hear to.

[Rabbidw]

I know on a blog one thing leads to another, but let's try to keep the original story straight. Rubashkin has been released on bail. This is his constitutional right. It does not matter how many charges have been file against him, he still is entitled to bail. He is considered innocent until proven guilty by a jury of his peers. Being proven guilty to the satisfaction of shmarya does not cut it. He is entitled to a lawyer of his choice. He is entitled to due process. He is entitled to all the rights of any citizen, the same as all of us. He is not automatically guilty because his name is Rubashkin.
As far as Genack and the OU, none of that is relevant to the issue here. BTW, if he can prove that most of the industry does exactly what he did, he may be able to squash the whole thing as selective prosecution, an abuse of prosecutorial discretion. That is a tough burden to meat (sic) but it may play a hand in a plea bargaining agreement

[Al]

Paul: Maybe it just needs to be submitted. the problem is that the world has a hard time drawing lines and it would not doubt become the basis of a new anti-sematism.

[Successful Messiah]

"Even Shmarya argued earlier that bail would be appropriate."

YL, what are you smoking today?

[Al]

Fred E.: are you kidding me ? Did you see the video they were real) ? Many Rabbi's without financial benefit from this fiasco did speak up about the kashruit issues... that were very real. I have to say when I approached my local glatt kosher butcher (A chasidishe man) to ask if he sold Rubashkin meat (fully expecting him to defend it), he shocked me and told me that he had learned too much about the Agri-processors facility and would not eat the meat himself or sell it to others as KOSHER.... Bravo. A real religious man. For those of you have know of my anomisuty towards the fakers... I need to say this for the record. This Chassidishe man is the real thing.. he has proven so to me with his midot on many occations. While I do not beleive what he beleives, I have to say that he is for real through and through and I respect him enourmously for that. Its become too much of a habit to judge religious jews with a double standard that alwys works to their advantage. Rubashkin meat is Treif.. everything we all know about kashrut tells us so. Do not look for perverse heters to say its kosher. And besides.. what happened with the Rabbi's obsessive effort to stay beyond any doubt on issues like this ? Again: Money talks.. all else walks.

[Curious Postville Native]

Gosh-

He'll have to be very careful as he staggers out the door after the big celebration at the synagogue Thursday evening. If he were to take a misstep (to the right) upon leaving the gathering, he would be in Clayton County. Be careful Sholom!

[joe momma]

All I have to say if he gets out I will be I piss off mother fuc and and the games will begin and let's see who wins.you all will be eating pork.and home less

[Curious Postville Native]

Archie Bunker:

You've got me curious . . . Do you have an exact address on the afore mentioned foreclosure?

[Archie Bunker]

E Williams St, Postville, IA 52162 $57,900

You need to register your email on the website to get the exact address.

[Bruce]

Old Aaron rubbishcan should have stayed in NewYork back in 1987. Postville would have been better off.

[Dr. Dave]

In the U.S.A. a man is presumed innocent until prove guilty in a court of law. (Of course he did it, but he hasn't been proven guilty - see OJ trial).

If not a flight risk, he gets bail.

[Paul Freedman]

Al, the trick I think is to start with the characters, the family, as full human beings--not cardboard cutout "symbols" for something--Jewish greed or Jewish this or Jewish that--and then the story, the craziness, the details of their Orthodoxy are introduced as a natural part of the story of these guys who we identify with/disapprove of. But for sure, Rubashkin would have to be lightened up or another sympathetic character introduced (sorry, I was an English major).

[steve]

Let's break out the Mountain Dew! Time to celebrate again!

[Yochanan Lavie]

"Even Shmarya argued earlier that bail would be appropriate."

YL, what are you smoking today?

Posted by: Successful Messiah | January 27, 2009 at 11:51 AM

SM, you're relatively new to the blog. Earlier, Shmarya wrote a letter to the judge saying that even though he (Shmarya) is an ex-friend of Rubashkin, R. wouldn't be a flight risk and should be allowed bail. (Shmarya- wsa it for this Rubashkin? My memory is sometimes faulty).

BTW, if you are really a successful messiah, where's the geulah (LOL)?

[steve]

Break out the Mountain Dew!

[Successful Messiah]

"Earlier, Shmarya wrote a letter to the judge saying that even though he (Shmarya) is an ex-friend of Rubashkin, R. wouldn't be a flight risk and should be allowed bail. (Shmarya- wsa it for this Rubashkin? My memory is sometimes faulty)."

It was for this Rubashkin and it was one of the most disingenuous letters I've ever seen.

"BTW, if you are really a successful messiah, where's the geulah (LOL)?"

It coming. I would tell you when, but then I'd have to kill you.

[critical_minyan]

Its not shocking that he was granted bail, its rare that someone doesnt get bail. he will probably get at least 5-10 years in jail after all is said and done, so a celebration is not really in order.

[sage]

It would be prudent if the Jewish Community in Postville puts SMR on special watch, to prevent him from fleeing, if this is what he truly has in mind.

If, G-d forbid, SMR does flee, then it would not surpise me a bit if the non-Jewish citizens of Postville go on a rampage. Who knows what will happen then.

[Al]

Paul: I agree with your propsed begining for theshow. In fact, I think it needs to take its time and show in good detail how individuals get from studying the law from birth beleiveing themselves that its in an effort to become righteous - to - using twisted interpretations of the law to justify anything you want. Maybe during these begining episodes, the show highlights a charachter who has no positive aspects to them. this individual should not be central to the show, but can become central a year or so into it while the show used flashbacks to show how they were currupted.

I do however think that it important to spend just as much time on truely refined spiritual people so that viewers do not think this scum of the earth represents all of Judaism. Unfortunately, beinhg a ruthless, immoral human being provides an advantage in making money and winning a room (cell) in prison, so they get dispraportionate press.

I am telling you, this has the makings of a hit. First it was the Sopranos, then Big Love (Mormons), now hmmm... what shall they call it "In G-d We Trust" with "all others pay money" as the bi-line....?

Maybe I will submit the concept for a show.

[Curious Postville Native]

[If, G-d forbid, SMR does flee, then it would not surpise me a bit if the non-Jewish citizens of Postville go on a rampage.]

Sage-

I believe, it is likely, there are a few local citizens who would purchase the ticket, then haul him to the airport- just to rid Postville of his presence.

[just wondering]

this is a sad day for postville residents who were hopeful that justice would be done. all the manpower, paperwork which has happened over the last months should not be invain. i watched a show the other nite on tv and a gal was sentenced to 30 days in jail and when she was doing her time she brought in a 6 inch pocket knife and the judge gave her 25 more years! she lived her life without her kids. this just shows that if you don't have money, you do time. justice is blind if you have money. how sad the smuk has money for legal counsel and security and bail but the asshole didn't have a dime for his employees or other creditors. his day will come, maybe not today or tomorrow, but i truly believe he will answer to someone someday soon. he and his devious clan can celebrate for now but justice will come in some form. as for amy D, if anyone has business at her company i hope you take it out and move it to another company. shame on her, bad business amy d!

[sage]

Hi Just Wondering,

A word of solace.

Don't forget that the Iowa Trial on Child Labor Law Violations is just three months away.

If convicted, SMR could get as much as 735 years in the Iowa Pen. He'll get a reduced sentence, in my opinion, but more than enough time to keep his ass behind bars until September.

[just wondering]

THANK YOU SAGE!!
I needed that today...

[turkeystone]

Forgive my lack of knowing the proper name of the community building (south end of town) used by so many of the Jewish community in Postville, but isn't it actually OUTSIDE of Allamakee county? I'm quite sure that it is! Will Mr. R. be violating the terms of his release if he goes there?

[Curious Postville Native]

Turkeystone-

It has been brought to my attention, I erred in an earlier post. The synagogue is located in Clayton County.

[Curious Postville Native]

Sholom will need to be very aware of the boundaries of four counties. Postville is seated atop/alongside-Allamakee, Clayton, Fayette & Winneshiek counties.

[sage]

Is the synagogue where they had that last (Mountain Dew/Vodka) celebration?

[Jon]

Run Rubashkin, Run!

Run Rubashkin, Run!

Run Rubashkin, Run!

Run Rubashkin, Run!

Flee to Israel while you still can!

[Curious Postville Native]

Sage~

Yup! They gather at the Yeshiva.

Yup! They gather at the synagogue.

Yup! Same place.

[Curious Postville Native]

[Is the synagogue where they had that last (Mountain Dew/Vodka) celebration?]

Yup! Same place.