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October 15, 2009

Rubashkin Trial: Defense Says Sloppiness, Outdated Computer Software To Blame – Not Fraud

Rubashkin Folder Court Rebbe PictureDefense tried to prove sloppiness, not intent to defraud.


Employee: Agriprocessors record-keeping was 'sloppy'
GRANT SCHULTE • Des Moines Register


Sioux Falls, S.D. — The eastern Iowa meat plant raided by immigration agents last year was plagued by sloppy record-keeping and computer software that routinely crashed, according to an employee who testified today in the fraud trial of a former top executive.


Darlis Hendry, a sales coordinator at the Postville slaughterhouse, acknowledged that loose accounting might explain some of the meat shipments that were reportedly sent to grocery stores and animal-hide processors.


Whether those sales actually happened is a core issue in the federal bank fraud charges against Sholom Rubashkin, the former executive at Agriprocessors, Inc.


Hendry told jurors that the plant’s computer software was outdated and unreliable. But production at the plant continued even when the software crashed, she said when questioned by defense lawyer F. Montgomery Brown.

“I’m sure things went out all the time that never got billed,” she said.

Brown later asked about April 2008, when production soars because of the Jewish Passover holiday. “Isn’t it true that things got looser and looser all the time?” he asked.

“Yes,” Hendry said.

Prosecutors allege that Rubashkin ordered employees to falsify sales records in a plot to defraud the plant’s lender.

Defense attorneys deny the accusation, and have argued that Rubashkin simply made mistakes as he tried to keep his father’s business afloat. They counter that the allegedly fake invoices were used for legitimate sales transactions.


Rubashkin is standing trial on 91 charges including bank, mail, and wire fraud, money laundering and ignoring an order to pay livestock providers in the time required by law. He has pleaded not guilty.


Hendry testified on Wednesday that Rubashkin first approached her in August 2007 with a request to fill out a sales invoice. The number of requests surged in May 2008, when immigration agents raided the plant and arrested nearly 400 illegal workers.


Rubashkin also faces 72 charges related to allegations that he helped hire and harbor the plant’s illegal immigrant work force. The 49-year-old faces a possible 1,995-year prison sentence if convicted of all 163 charges.
Rubashkin's first trial began on Tuesday and is expected to last four to six weeks. The trial was moved to South Dakota because of pre-trial publicity.

Comments

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Sounds like they could use a new laptop :)

Maybe the plant could have afforded new computers if Sholom wasn't so busy paying certain employees 3 X their salary to do his dirty work! Oh that's right the dumbass is stupid and uneducated in business, I forgot! What a HOOT!

I don't get this. You are schnorred money so that you could cover the trial all by yourself because if you weren't there no one would be covering the trial. You may the trip, schnorr a laptop and then all you can do is copy stories written by others? Are you sleeping through the trial?

Outdated Computer software???

GIGO - Garbage in, garbage out.

Clearly Rubashkin is smart enough to hire a lawyer to claim he was dumb.

Since Rubashkin claims those sales invoices weren't fake, maybe his supporters could fan out and search for people who have not paid for their meat.

Wouldn't it be hysterical if the pidyon shvuyim fund got laundered into payments corresponding to the invoices, so everyone could be paid back, and Rubashkin could get off.

Then next Chabad could spend a fortune on a Casa Chabad in Central America to employ workers at the same wages as in Iowa which would of course be worth much more there. So naturally all the witness would recant The big downside is that the word Rubashkin might become Spanish for a payoff.

But seriously, If Chabad were committed to making good what is wrong and he pleaded guilty I suspect the court might treat him leniantly. Instead they are trying a scattershot Hail Mary approach (l'havdil) as if goyim don't smell it. So his mix includes: I didn't do it, my staff framed me; I did it by mistake; I mislaid the list, but someone out there owes me $20 million. His outside flacks are also using the full battery: children at the Rebbe's ohel, insinuations of antisemitism, He's a great guy, you dont want all us chassidim angry at you, and he is just being a good Jew who can't inform (according to a delegation to be led by the Novominsker Rebbe)

I am only sorry he won't be sentenced by a Jewish judge with a religious brother like Reichenbach who could give a tongue lashing about religious hypocrisy. But I suppose a tongue lashing is superfluous when you are vulnerable to 1,995 years of jail.

On the other hand he may pull of an OJ.

When will these chevraman realize that the criminal is the one who makes the chillul hashem, not the criminal justice system?

"Clearly Rubashkin is smart enough to hire a lawyer to claim he was dumb."

apparently Rubashkin isn't smart enough for that either.

his family set up a group of smart people to hire the lawyers for him.

Successful Messiah: Knock off the personal attacks. They've gotten old.

I would like to know how the jury is keeping a straight face?

We haven't heard from any of the on site reporters since noon. Have they all got in the same car and driven back to Iowa?

FGBA: Maybe, they all went out to have a beer?

Concerning the jury:
The following applies:
You cannot fool us- we are too dumb.

I was on a jury (64 in a 45mph construction zone) the defendant tried to make a 'mountain out of a anthill' by pointing out some writing mistakes the officer did.

FGBA
wcfcourier.com has an article with a few new details.

My Business Management professor taught me that the buck passing always ends at the top- managers are ultimately responsible for what is happening top to bottom whether they are directly involved in it or not.Ignorance is not bliss! SMR may have hoped this was the trickle down effect but that's the downfall of not having a professional education!

How did a minor speeding violation get to a jury?

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