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March 16, 2010

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sage

Rubashkin will win!

A E ANDERSON | Miami, Fla.

Rubashkin's doesn't make the cleanest case for overturning the various bank, wire and mail fraud statutes because it was fairly clearly established that he defrauded a bank by obtaining money (loan advances) with falsified documents, accounts and certifications, and incidentally used the media of mail and wire (fax) to do it.

Yes, he probably intended to repay the money, and there probably should be a lesser charge for mostly honest people who fib a bit, but are otherwise well intentioned.

Clearly, the wire and mail fraud statutes are overconstrued and overused, just like the feds today use "money laundering" as a broad-brush for nearly any illegal act connected with the exchange of money, no matter how remote the act may be from what Congress intended to punish.

I think it indisputable that the nation's justice system would do well by a judicial clean-up of vague, broad-brush statutes, that are more "tools for prosecutors" than they are proscriptions of specific acts.

OMG

There are currently three other cases before the Supreme Court arguing that the fraud statute be disallowed as "Void for Vagueness" and the Court is probably going to find their favor. In that case, since the Feds in their wisdom have dropped the Immigration charges, Mr. Rubashkin will be a free (albeit broke) man.
Posted by: Raphael Kaufman | March 16, 2010 at 01:35 PM
Can you cite us atleast one of the three cases, were the suprems are lookin to strikedown bank fraud, if that is true we all should lineup and get all the money possible out of the banks. I just cannot wait, yeppe

Chaim from Monsey

"More exciting news from Monsey / New Square:

New Square's ex-clerk pleads guilty in $11.6 million scam
http://www.lohud.com/article/20103160353

Board OKs yeshiva at illegal Hasidic school "calf-slaughter" site
http://www.lohud.com/article/20103160333

Hat tip: me!

Posted by: chatz | March 16, 2010 at 07:20 AM"

How come you forgot to post Nathan Rothschild's fraudulent activities? He could bring down an entire school system!

state of disgust

"since the Feds in their wisdom have dropped the Immigration charges,"

I believe the Feds did not drop the charges and they can be reinstated at any time.

amateur

can someone explain, Yossi Rubashkin's business is apparently flourishing as his Tevye's ranch meat is sold all over Brooklyn and elsewhere. Mrs. Rubashkin senior still runs her restaurant on 13th Avenue (just try going in and asking free food...!!! What a ridiculous claim). Other family members seem to be running the 14th Avenue store. Brother-in-law the school principal reported to have 30 guests at every Shabbos meal. And yet Sholom needs tzedaka money for his defense. What is the real story? Are they destitute or successful business people?

Raphael Kaufman

Without commenting on the character of Mr. Rubashkin's offenses, I would point out that the federal fraud statute under which Mr. Rubashkin was charged and convicted is so extremely broad and so loosely defined that almost anyone in business could be charged with a violation.
There are currently three other cases before the Supreme Court arguing that the fraud statute be disallowed as "Void for Vagueness" and the Court is probably going to find their favor. In that case, since the Feds in their wisdom have dropped the Immigration charges, Mr. Rubashkin will be a free (albeit broke)man.

Yisroel Pensack

effie (10:50 AM): The primary issue now is bail pending sentencing, which is what both the trial judge and the Circuit Court of Appeals denied. I don't think bail pending appeal can arise as an issue until he is sentenced.

effie

"Given the judicial activism of the Robert's court, I wouldn't be surprised if Lewin got what he wanted here. Posted by: state of disgust"

Are you on drugs? I can think of no other reason for you making such a statement.

effie

After he is sentenced, he is still pending appeal. Therefore, the issue of bail pending appeal is not moot. Not winnable, but not moot.

Lewin is not senile. He is doing what his client asked him to do.

itchiemayer

I am all for the Lubavitchers wasting their money on Rubashkin. It leaves less for their brainwashing activities. If all Lubavitchers were as reasonable as Chabadnik Attorney, I would have an entirely different opinion. I grew up in the 70's with enormous respect for Lubavitchers and the Rebbe, but their meshugas has undermined it all. As one ba'al teshuva Lubavitcher told me recently.."The Rebbe is dead, it is time to move on." I would say maybe at the most 10% of Lubavitchers would agree with that statement...maybe less.

yidandahalf

Lewin is senile. I am glad that the Rubishclan have continued to place their faith and confidence in him.

state of disgust

Given the judicial activism of the Robert's court, I wouldn't be surprised if Lewin got what he wanted here.

Yisroel Pensack

Norm: You are wrong. The U.S. Circuit Court of Appeals already denied his motion for pre-sentencing bail on Jan. 8 and also denied his motion for a rehearing on Feb. 17. Just click on image above to enlarge it, and you'll see.

This U.S. Supreme Court proceeding is absurd, because he will probably be sentenced soon, and any other issues can await normal, post-sentencing appeal.

http://failedmessiah.typepad.com/failed_messiahcom/2010/02/court-wont-hear-rubashkin-bail-appeal-456.html

chabadnik attorney

Hi WSC, I hope all is well with you. Pls email me at jlwesq2@yahoo.com

WoolSilkCotton

The Supreme Court turns down the vast majority of applicants wanting to be heard.

This case is just more hasidic hubris. Let a mob of hasidic knuckleheads, wearing tallis and tefillin, marching around with women pushing baby strollers and children carrying signs, protesting in front of the Supreme Court building, just like the pro-gun and the anti-abortion groups do. There's always plenty of room on the sidewalk there for more nutjobs protesting their cause.

Meanwhile, ring ring ring goes the Lewin cash register, and the VIN and crownheights.info crowds get even more apoplectic with their appeals to God to rescue their beloved Meat Messiah Who Art in Prison.

chabadnik attorney

Waste of money. Nat Lewin should be ashamed of himself.

Norm

In general a petiioon for cert. is not field until the Court of Appeals has ruled denied releif.

This filing is unusual in that Lewin seeks to get Supreme Court review prior to a hearing by the Court of Appeals. I don't recall a case whtehre this has happened and I think (but am not sure) that even in the Bush v. Gore matters in 2000-a Petiion for Cert wasn't filed until the Court of appeals had ruled. It's very hard to get a Petioon fro Cert granted even after review by the Court of Appeals and its very doubtful the Court will grant his petiion now.

What's disappointign is that he Jewish Defense Groups liek AJC and ADL which do a good job of fighting anti-semtism from without have kept silent on Rubashkin who is the current main of anti-semitism.

It's also offensive to me that Rubashkin claims to be a victim of antisemistism whne he is a prime cause.

Yisroel Pensack

Make that a petition. Sorry for the typo. The point is that litigants do not file writs; they file petitions, which, like motions, are requests to the court.
Courts issue writs, if they so decide.

Yisroel Pensack

"What Rubashkin filed is a writ of certiorari:" WRONG!

What he (his attorney) filed is a petitition for a writ of certiorari, which is simply legalese for what ordinary people call an appeal to the U.S. Supreme Court.

chatz

More exciting news from Monsey / New Square:

New Square's ex-clerk pleads guilty in $11.6 million scam
http://www.lohud.com/article/20103160353

Board OKs yeshiva at illegal Hasidic school "calf-slaughter" site
http://www.lohud.com/article/20103160333

Hat tip: me!

Hometown Postville

No matter how this turns out here on earth, God is biding His time until SMR stands before Him to beg for mercy on behalf of the vulnerable people he exploited and for the gross misuse of millions spent on his behalf. The country is close to bankruptcy, but there continues to be millions in private money floating around to fund causes such as this?? BTW, how much of what these "stellar" lawyers are making is going back to charity? A fine upstanding group, all the way around! They won't be able to take their fancy cars, boats, and hookers along when they die.

critical_minyan

i was with nat lewin around the time rubashkin got busted. I asked him about it. the guy is basically clueless. If this is Rubashkin's legal strategy. he is basically fucked.

Isa

NO, NO, NO
It is NOT a waste of money

Think of the fees that a Law Office will get, maybe someone will now be able to purchase that new car that they looking at.

effie

Small chance? More like no chance that the USSC will grant cert. So, yes, it is a waste of money.


Bill

"we can all agree that the American justice system ... is the best in the world" - Joe

Proof that "we all agree" to this?

Thanks!

FormerPostvillian

I am not a lawyer, but what the hell??? Does this man not understand there is no question he is GUILTY!!!! He should have plea bargained to save his ass, not appeal to the supreme court.

The law does not care what a good person you are, it doesn't matter if your the Pope, if you break the law you have to pay the penalty!

I'm thinking he would have a better chance with a insanity plea!

Nigritude Ultramarine

due to his long history of helping people

It's easy to help people in the fashion of Robin Hood.

ML

The Real Joe: Which problems exactly?

The Real Joe

Hay Mr a reader- its not a wast of money, unlike you and me and most other people he happens to have a lot of supporters due to his long history of helping people, and now some of these people are returning the favor, weather or not this particular move will work in not relevant his supporters and legal defense fund want to try every and any maneuver that even has a small chance of working, I think we can all agree that the American justices system even though its the best in the world is still lacking in a lot of area's and this case shines the spotlight on many of these problems.

a reader

talk about a waste of time/money/effort

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