Hechsher Tzedek's Statement On The Rubashkin Verdicts

The news out of Sioux Falls, SD…delivers both justice and a heavy heart to those of us who champion the cause of ethical kashrut.

STATEMENT FROM THE HEKHSHER TZEDEK COMMISSION REGARDING THE CONVICTION OF SHOLOM RUBASHKIN

New York, NY (November 13, 2009) -- The news out of Sioux Falls, SD, yesterday, that Sholom Rubashkin was convicted on 86 out of 91 counts of fraud in the federal government's investigation into criminal activity within the Agriprocessors meat processing facility in Postville, Iowa, delivers both justice and a heavy heart to those of us who champion the cause of ethical kashrut.

The investigation into Agriprocessors has unfolded in slow-motion. First there were allegations of business fraud and worker abuse, then investigations, then negotiations – all with ample opportunity for the Rubashkin family to cooperate and self-correct -- then arrogant disregard for the law, shocking revelations, indictments, a plethora of press attention, the riveting scandal of the federal raid in May of 2008, the largest scale of its kind in US history...and finally the verdict of guilty on the majority of counts of business fraud in yesterday’s trial.

It is important to note that the trial on charges of worker abuse is not even underway. The heartbreaking stories that will emerge in the course of this trial will be as cringe-worthy as they are criminal.

As the founders of Magen Tzedek, we were on the ground in Postville from the virtual start of this tragic drama in the summer of 2006, bearing witness to the terrible worker conditions and business practices at the nation’s largest manufacturer of kosher meat and poultry, trying to steer the Rubashkin family towards taking responsibility and correcting their mistakes, acting in accordance with the biblical injunction – “hokhaich tokhiach et amitecha” – “rebuke your kinsman,” that is, do not stand idly by while one of your brethren commits a grievous wrongdoing.

Although the miscarriage of kashrut at Agriprocessors was not the catalyst for the creation of Magen Tzedek, it provided an urgent context and need for us to develop our initiative, proclaiming publicly our belief that keeping kosher is inextricably linked to leading a life of ethical integrity.

There are tragedies within tragedies in the story of the fall of the house of Rubashkin, the worst of which might be the deaf ear of the Rubashkin family turned towards those who tried to prevent the collapse. We were at the epicenter of those who repeatedly reached out to the family. Yet as the investigation and trial wore on, it became clear that the deafness was a direct result of the Rubashkin family’s flagrant disregard for the law and ethical behavior.

There is neither joy nor a sense of schadenfreude in yesterday’s conviction. Those of us who toil in the field of tikkun olam are downright demoralized by this highly preventable outcome. This story could have ended very differently. Had the Rubashkin family done a sincere teshuva – heeding, for instance, the three-pronged course of action we delivered to them in the summer of 2006 -- they would now be the heroes of the kosher world instead of its villains.

Given the sad outcome of this situation, we rededicate ourselves to the birthing of our Magen Tzedek seal of ethical certification, a process that has been long and arduous but more relevant with each passing day.
After thousands of hours of meetings, deliberations, drafts of our working guidelines and compliance procedures, we are getting closer. The soul and future of kashrut depends on the development of Magen Tzedek as an actual seal on kosher food products, indicating that it has been produced in accordance with high ethical standards for employee wages and benefits, health and safety, animal welfare, corporate transparency and environmental impact. What has emerged in the course of the development of this product is that Magen Tzedek is more than just a new certification for kosher food -- it is a worldwide awareness built upon the belief that we are how and what we eat.

Achieving Magen Tzedek is our ascent to Sinai, fraught with challenge and yet possessed of a promise. Like the Law that Moses receives at the summit of the mountain, Magen Tzedek will give Jews and all people of conscience a road map towards leading lives of ethical integrity through the portal of keeping kosher.

The Hekhsher Tzedek Commission
Rabbi Morris J. Allen, Project Director

I asked why this statement doesn't really deal with the animal abuse uncovered by PETA in 2004. Certainly it is what first put Agriprocessors in the national spotlight.

The answer I was given is that this statement was meant to focus on issues from the point Hechsher Tzedex got involved forward. I don't find this answer compelling, especially because Humane Slaughter issues were raised even after Hechsher Tzedek's involvement.

At any rate, the Hechsher Tzedek/Magen Tzedek seal will, when operational, require humane handling and humane slaughter and will audit for both.

This statement is mistaken:

It is important to note that the trial on charges of worker abuse is not even underway. The heartbreaking stories that will emerge in the course of this trial will be as cringe-worthy as they are criminal.

The next federal trial is on immigration law violations and related conspiracy charges. While mistreatment of these undocumented workers may be brought up in testimony, that mistreatment is not currently charged.

The State of Iowa is slated to try Rubashkin, his father and others on more than 9,000 counts of child labor violations when the federal trails are completed.

But at this point, no one is yet being prosecuted for worker abuse, labor law violations, and civil rights violations.

Comments

[sage]

Of compelling interest, is the question of whether or not, Hershey Friedman intends to apply for the Magen Tzedek.

[yo]

The birth of Magen Tzedek is taking longer than any birth I've ever seen!

[YABED]

Who gives a crap what they think?

Hechsher Tzedek does not do what they preach - namely, the staff of the member synagogues are not paid under the same standards that they want others to pay their workers.

I fail to see why they call themselves 'Jews'. They tear down everything that brings Jews together (Torah, Kashrus, etc) and make up sets of rules that they invent out of thin air. Kind of like Lubavitch.

[CR]

Self serving and irrelevant.

R. Allen needs to focus more attention on his sister Conservative temples who are not in compliance with M"T guidelines for worker compensation/benefits/working conditions/etc. Once his own house is clean then he can get back to his moralistic preening about "kosher".

Otherwise this whole exercise is revealed to be nothing more than an opportunistic fraud.

[formerpostvillian]

I think this is all B.S.! Was this article really necessary? Or is this guy trying to use this situation to first, generate publicity and get his brand name out there. And secondly to distance himself from Agri Processors while at the same time building creditability by saying we were there trying to help the Rubashkins "self correct".

B.S., anyone who was there and knows how the Rubashkins worked and would know there was never any outside influence they would work with to "self correct". That was exactly Sholom's biggest weakness, he would never listen to anyone, he always knew best. (or so he thought)

As someone who worked in the plant directly with all of these "kosher agencies", before Rubashkin fell they were all lining up as his biggest supporter because it ment money. Big Money. To be able to get Rubashkin to put your heckshire on a line of products was often seen as a gold egg.

I question the reasoning behind why this article was written and it's my belief that these guys are probably just more of the same crooked kosher industry! Wolves in sheep clothing!

[Tom]

So any Kosher product that does not use this so called Hechsher is now going to Jail?. are they the new Kappos?.

What about their own following do they keep any sort of Kashrut?

[Shmarya]

R. Allen needs to focus more attention on his sister Conservative temples who are not in compliance with M"T guidelines for worker compensation/benefits/working conditions/etc.

I know he has done this.

I believe one of the reasons HT hasn't put its seal on a product yet is because of those problems you mention with some C shuls and orgs.

Like everything else in C Land, it takes a while for the committee(s) to reach consensus.

[Pablo Faird]

I would also like to know how much the Coservative shuls pay their janitors/cleaning staff, whether they pay cash or on the books, whether they are legal or not. Do any of the bloggers have an idea? Please let us know. I`m willing to bet that the answers aren`t up to their Hechsher Tzedek standards.

[steve]

SHEA HECHT CONTRADICTS HIMSELF:

"Everything they reported concerning a plea deal is total fiction," said Rabbi Hecht, "Sholom Rubashkin never considered a plea deal, because the government never put a deal on the table for him to consider!" -VIN 11/13/09

Rabbi Shea Hecht, a leading Chabad Lubavitch rabbi who has provided support to Rubashkin’s defense, told the Forward that Rubashkin, 49, wanted to strike a plea bargain with the U.S. attorneys to avoid a jury trial.

“There were negotiations — an offer was put on the table,” Hecht said. “He had to refuse the offer because compared to what he did wrong, they were asking for too much. There was no way that a man should give the prime of his life away.”- FORWARD MAGAZINE 10/14/09

[Shmarya]

I would also like to know how much the Coservative shuls pay their janitors/cleaning staff, whether they pay cash or on the books, whether they are legal or not.

The Forward did an exposé on this a couple months ago.

Google it here and you'll see the details.

[ML]

I don't see anything offensive in this statement. Why wouldn't they issue something? Feh.

[Yosemite Yarmulke]

Law of Moses, ascent to Sinai--more bullshit

[yidandahalf]

Sometimes you can see an old movie with a magician type of guy pulling a big handkerchief off of something on a table while saying abracadabra. It reminds me of Allen's horsedrek tzedeck. Some smoke and mirrors rhetoric to obfuscate things and convince people at the same time. It accomplishes nothing but paranassas for a few fools. It is another piece of bureaucratic crap cooked up by some ivory tower types who couldn't get their heads out of their asses because they aren't aware of their heads being there in the first place. Who is going to give any thought about their crappy stamp or even look for it? They will go broke trying to promote the thing and FOR WHAT? Why for their own glory. Not for the rest of us Jews and certainly not for the butchered animals.
Allen, if you don't wake up in 2009, you will surely wake up next year. Your stamp is another lost cause and a joke.

[yidandahalf]

This HT is only rolled out when there is big coverage on Agri and Rubbishcan. Within the backlash they perceive some sort of vacuum they can jump into. Otherwise they stay quiet. It's a big joke.

[ML]

There is no fee to obtain the magen tzedek, so this accusation of "paranassas for a few fools" is complete made up B.S.

So you don't like it? Whoop de do!

[yidandahalf]

My liking it or not is beside the point. The point is that it is useless and would have virtually no benefit to anyone by the stamp sellers themselves.

[state of the Jews]

Yid'n1/2:
MT was developed not for the benefit of the haredi community, but for the benefit of Conservative consumers. If the Ortho community wants to take notice of it, fine. If they don't, that is also fine.
But keep in mind the majority of kosher consumers are not orthodox. The majority of kosher consumers are a) Conservative Jews; b) Reconstructionist Jews; c) Reform Jews and; d) non-Jews.

[reuven sabel]

it would be very nice and very utopian if all or for that matter any kosher products had a heksher tzedek and still managed to not go bankrupt, but this world is not utopia and i do not believe that any companies that would have a hersher tzedek would manage to avoid going bankrupt.
holy brother shmarya,
soory for insulting your new rebbe, rabbi morris allen. please moichel me.

[Chayim]

And now we have the hecsher tzedek gang which belongs to Riverdale Hebrew center and avi Weiss giving ordination to women. Now they are giving smeicha to ladies.