Prosecutors: Rubashkin Deserves Life In Prison

Life sentences in white-collar cases are rare but growing more common.

Prosecutors: Rubashkin deserves life in prison 
BY GRANT SCHULTE • Des Moines Register

Sholom Rubashkin is a "common criminal" who deserves life in prison for leading a massive bank fraud scheme, prosecutors say as they prepare for the former eastern Iowa slaughterhouse executive's sentencing this month.

In court papers, prosecutors argue that Rubashkin, the former top manager at Agriprocessors Inc., should receive a life sentence because of the elaborate scheme to cheat the plant's lender, his attempted cover-up, the number of victims and other factors.

"This case is ordinary in that it involves a common criminal," Assistant U.S. Attorney Peter Deegan Jr. wrote. "This case is extraordinary in that uncommon means were used to cheat a bank and others out of a staggering amount of money - $26 million - and to commit a host of other criminal offenses."

Agriprocessors was the site of a May 2008 immigration raid that led to the arrest of 389 illegal workers and a chain of events that pushed the plant out of business. The Postville plant later filed for Chapter 11 bankruptcy and emerged under new management as Agri Star.

Rubashkin is set to be sentenced during a hearing April 28 and 29 in Cedar Rapids.

Prosecutors calculated the sentence from a range of factors, including the amount of money involved and Rubashkin's role as an "organizer or leader of criminal activity." Bob Teig, a spokesman for the U.S. attorney's office, said the life-sentence recommendation was "advisory, not mandatory." U.S. District Chief Judge Linda Reade can accept or ignore either side's suggested sentence.

Defense lawyers insist that Rubashkin never meant to defraud the bank. In a court brief filed last week, Rubashkin's attorneys said the former meat executive deserves no more than six years in prison.

"The lengthy sentence the government is seeking is a continuation of the heavy-handed and overreaching tactics employed from the start of this case," defense lawyer Guy Cook said. Rubashkin's only crime, he said, "was borrowing more money than his father's company was entitled to borrow, money the company was paying back with interest."

A South Dakota jury convicted Rubashkin in November of 86 federal charges including bank, mail and wire fraud; money laundering; and failing to pay livestock providers in the time required by law.

Deegan disputed defense claims that the cattle providers did not suffer harm because they were eventually paid.

"Of course they did," Deegan wrote. "The fact that they were ultimately paid is completely beside the point when the essence of the criminal offense is the failure to timely pay providers of livestock."

Deegan said cattle providers, such as Waverly Sales, lost the "time value" of their money because of the late payments. Waverly Sales lost $3,800 from interest the owners had to pay on a mortgage loan to cover the cost of the cattle, he said.

Life sentences in white-collar cases are rare but growing more common, said Peter Henning, a Wayne State University law professor who has followed the Rubashkin case.

"I don't want to say it's common - because it's not - but in the last few years it hasn't been unknown," Henning said. At the same time, he said he "would be shocked if the judge went along with the prosecutor's recommendation" for Rubashkin.

Henning said Reade can consider a number of factors - including offenses for which Rubashkin was acquitted, or charges that were dropped - when she chooses a sentence.

For example, he said, Reade could consider the federal immigration charges against Rubashkin that were dropped after his bank-fraud convictions. But she also can consider his strong religious and family life and statements made by his supporters.

"The idea behind sentencing is, you look at the whole person," Henning said.

Rubashkin was convicted of a large number of federal crimes. He also allegedly bribed the mayor of Postville, obstructed justice, destroyed evidence, and committed other crimes, as well. Some of those other crimes were allegedly committed while Rubashkin was out on bail. (You can see this in the government's sentencing memorandum, which I posted last week, and in Rubashkin's sentencing memorandum, which I posted a couple days before that.)

On top of that, Rubashkin has not shown any remorse, has not made restitution, and refuses to cooperate with the government.

Federal sentencing guidelines call for 21 to 27 years in prison. Rubashkin's attorneys asked for no more than 6. The government responded by asking for life, noting the all the uncharged crimes he committed, along with the immigration related charges that were dropped because it wasn't worth the money to try them.

The judge will make her decision during a two day sentencing hearing on the 28th and 29th.

Because Rubashkin turned down a 12 year plea deal right before trial, it unlikely he will get less than that.

Of course, the more people who accuse the judge and the government of being antisemitic and ask for things like impeachment of the judge – as at least one Rubashkin supporter has done – the greater the chance Rubashkin will get a very long sentence.

Comments

[Dr. Moe]

Remeber Sholom Rubashkin did not take a loan for himself, the loan was to save Agriprocaessors (After and there was an Imigration raid that under the Obama Admistration such raids are illegal, infact no such raid has ever been done under the Obama Administration till this very day), it was to save the employees who were MOSTLY Gentiles and to save the Postville Economy.

Unlike Michael Milken the Reform Jew who litterly stole money from people to purchase nice houses and nice cars for HIMSELF sat in a (HOTEL) Jail for a merely a few years.

[Phillip]

Federal Guidelines for Bank Fraud.....
30 years in prison or $1 million dollars
in fines or both.

This is the law.... look it up. I am
listening to Talk Line and the misinformation
being put out is unbelievable.

[Shmarya]

Remeber Sholom Rubashkin did not take a loan for himself, the loan was to save Agriprocaessors (After and there was an Imigration raid

No.

The "loan" was a revolving line of credit that existed for many years before the raid. During the trial, witnesses testified that Rubashkin cooked the books to defraud the bank long before the raid – as far back as the 1990s.

Additionally, the government has evidence Rubashkin took $1.5 for himself.

The problem with you Chabadniks is that the truth doesn't matter and the facts don't matter. You decide your spin and just keep repeating it.

That may work in house, but outside Orthodoxy it makes you look ignorant, dishonest and foolish – not to mention amoral.

[Dr. Moe]

WOW, I just looked up Michael Milken the reform Jew, he sat in jail for only 2 years WOW!!!! all for stealing from peoples pockets just like Bernie Madoff the reform Jew for his own self not help out others unlike poor Sholom Rubashkin who was out to rescue and save his company so others would have still had jobs.

[Shmarya]

WOW! Dr. Moe is and idiot! WOW!!!

As I wrote immediately above, Rubashkin committed lots of different crimes and did so even when he was out on bail. And he did not cooperate with the government, show remorse or make restitution.

Milliken did cooperate, did show remorse and paid a huge fine and restitution if memory serves me. He also didn't bribe a public official – Rubashkin apparently did, though.

I know logic, facts and truth are difficult for you. Still, your ignorance and stupidity is way past tiresome.

[The Real Joe]

Milken is still a billionaire today from scams he did in the 1980's and your still saying the Rubashkins is a worse human being Rubashkin will have lost 99% of his Family's money even if he makes it out I should hope thats enough of a punishment for u Rubashkin haters

[Shmarya]

Here's a little bit on Milliken. Note that he paid back more than $1 BILLION. Also note that he pleaded guilty and cooperated with the government:

On April 24, 1990, Milken pleaded guilty to six counts of securities and tax violations.[1] Three of them involved dealings with Ivan Boesky to conceal the real owner of a stock.[10]

Aiding and abetting another person's failure to file an accurate 13d statement with the SEC since the schedule was not amended to reflect an understanding that any loss would be made up.
Sending confirmation slips through the mail that failed to disclose that a commission was included in the price.
Aiding and abetting another in filing inaccurate broker-dealer reports with the SEC.
Two other counts were related to tax evasion in transactions Milken carried out for a client of the firm, David Solomon, a fund manager.[10]

Selling stock without disclosure of an understanding that the purchaser would not lose money.
Agreeing to sell securities to a customer and to buy those securities back at a real loss to the customer, but with an understanding that he would try to find a future profitable transaction to make up for any losses.
The last count was for conspiracy to commit these five violations.

The estimated injury for all counts combined was by the judge's account $318,000 and by the US Probation Office's account $685,000.[11]

As part of his plea, Milken agreed to pay $200 million in fines. At the same time, he agreed to a settlement with the SEC in which he paid $400 million to investors who had been hurt by his actions. He also accepted a lifetime ban from any involvement in the securities industry. In a related civil lawsuit against Drexel he agreed to pay $500 million to Drexel's investors.[12][13] In total this means that he paid $1.1 billion for all lawsuits related to his actions while working at Drexel.

Critics of the government charge that the government indicted Milken's brother Lowell in order to put pressure on Milken to settle, a tactic condemned as unethical by some legal scholars. "I am troubled by - and other scholars are troubled by - the notion of putting relatives on the bargaining table," said Vivian Berger, a professor at Columbia University Law School, in a 1990 interview with the New York Times.[14] As part of the deal, the case against Lowell was dropped. Federal investigators also questioned some of Milken's relatives—including his aging grandfather—about their investments.[8]

At Milken's sentencing, Judge Kimba Wood told him:

You were willing to commit only crimes that were unlikely to be detected.... When a man of your power in the financial world... repeatedly conspires to violate, and violates, securities and tax business in order to achieve more power and wealth for himself... a significant prison term is required.
Wood recommended a 10-year prison sentence, of which, in her opinion, Milken should have to serve at least three years. On August 5, 1992 Judge Wood reduced the sentence to two years and Milken's total stay in prison was a little less than two years, from March 1991 until January 1993.

Now realize Rubashkin has refused to pay restitution, has not admitted guilt or shown remorse, and continued to commit crimes when out on bail.

Not exactly similar cases, now are they?

[no fan of rub or of mil]

http://www.investorvillage.com/mbthread.asp?mb=971&nhValue=171476&nmValue=171500&sync=1&tid=3722844&showall=1

More Milken Proquest Goodies From Phaider Post #160319

As an advisor/board member to Proquest Dr. Scher knew Proquest would benefit directly, predictably and significantly from the delay of immediate marketing approval of Provenge by the FDA.

I believe this is an INSIDER TRADING scheme perpetrated by PCF and Michael Milken. It includes Dr. von Eschenbach too. Proquest Investments is key to this insider trading scheme and how insider information is profited from.

Dr. Scher and Dr. von Eschenbach have been key to PCF since its inception in 1993 and they (or their respective medical schools, Memorial Sloan Kettering and University of Texas MD Anderson) have received over $33 million in grant money from PCF. Milken is the hand that feeds.

My understanding of PCF consortium doctors is this... they are the doctors that sit in review of grants that come into PCF. They contain privileged detailed information which otherwise is unavailable in the public domain.

Since PCF is not an investment fund, Michael Milken secretly participates in the founding and establishment of ProQuest Investments whereby the same principal operators of PCF and PCRP can make investment decisions based on their insider information

The same principals that sit in review of grants at PCF also sit in review of federal grants by PCRP. Dr. von E is credited with lobbying for the establishment of PCRP and many PCF consortium doctors have been appointed to sit in review of PCRP grant applications.

I would think that the FDA has the requirement to investigate (or request an outside agency such as the DOJ, FBI, or SEC investigate) an insider trading scheme being perpetuated by its own panel advisors and FDA Commissioner This is about more than undisclosed conflicts of interest. It is about an entire systematic manipulation at the expense of cancer patient’s best interests.

What is significant here is the amount of control and influence that Michael Milken possesses over the prostate cancer community, Dr. Howard Scher’s and Dr. Andrew von Eschenbach’s long and close professional relationship to Michael Milken and Dr. Scher’s and Dr. von Eschenbach’s authority and position within the FDA.

There appears to be a related party factor that calls into question Dr. Scher’s and Dr. von Eschenbach’s true independence as a FDA panel doctor and FDA Commissioner. With such high powered contacts, Dr. Scher’s unmatched power and influence, Dr. von Eschenbach position and authority as FDA commissioner, is there really a level playing field for anyone in which Dr. Scher, ProQuest Investments (or its principals) does not have a financial interest in? This is an assault on the trustworthiness of the FDA and our government in general.

Knowing of Dr. Scher’s and Dr. von Eschenbach’s close professional relationship to PCF and Michael Milken, how is the public to believe that the FDA made the correct decision? Dr. Scher’s participation in the Provenge advisory panel is akin to a defendant’s own sibling participating on a jury resulting in a hung jury decision. I fear the Commissioner himself was complicit in the Provenge decision. Such conflicts of public and personal interest jeopardize the legitimacy of one proclaiming to act on behalf of the public’s best interests or under the auspices of science. The FDA subjected the terminally ill AIPC patients to more suffering whereby a few would benefit financially.

Separely, but I also worth noting, I noticed in reading the PCF 2005 Annual Report that Maha Hussain is a PCF consortium member (see page 36). Upon further review of the 2005 annual report, I noticed that six Prostate Cancer Foundation consortium members and officers that are key members of ProQuest Investments scientific advisory board.

1. Besides Dr. Howard Scher, several other very notable Prostate Cancer Foundation consortium members and officers that are key members of ProQuest Investments scientific advisory board as well.

2. Dr. Stuart Holden is Medical Director to the Prostate Cancer Foundation and a scientific advisor to ProQuest Investments.

3. Dr. Howard Soule is an Executive Vice President to the Prostate Cancer Foundation and a scientific advisor to ProQuest Investments.

4. Dr. Jonathan Simons is the President of Prostate Cancer Foundation and a scientific advisor to ProQuest Investments.

5. Dr. Bill Nelson is a PCF consortium member and a scientific advisor to ProQuest Investments. (Please see page 36 of the PCF 2005 Annual Report)

6. Dr. David Argus is a PCF consortium member and a scientific advisor to ProQuest Investments. (Please see page 36 of the PCF 2005 Annual Report)

http://www.proquestvc.com/scienceadvisory.asp

It is clear to me, that Proquest Investments operates as an extension of the PCF. Of the seven scientific advisors listed by ProQuest Investments, six are Prostate Cancer Foundation consortium members or Prostate Cancer Foundation officers.

One last note, on page 37 of the 2005 PCF Annual Report lists James Blair as a Member of the Board of Directors to the Prostate Cancer Foundation. He was also a Member of the Board of Directors to Novacea and a founding partner of Domain Associates which "sponsors" ProQuest Investments and introduces Proquest Investments to deals.

[Mr. Apikoros]

Life inprisonment for defrauding a bank is ridiculous, and I'm certainly no fan of Sholom Rubashkin.

Did Michael Milken get life? Dennis Levine? Ivan Boesky? All the above committed crimes far more serious than the ones Rubashkin was convicted for. All got out of prison after doing a couple years, in one case, because Boesky ratted others out.

By logic of this blog, those who overstated their incomes to apply for a mortgage or credit card should be doing life, in which case we'll be solving the unemployment problem, because everyone out of a job can be put to work building prisons to house the millions who are guilty of this. Not to mention those of us who've fudged on our taxes a time or two.

Rubashkin should be tried on the more serious charges of labor violations, keeping a populace of largely illegal immigrants in virtual servitude, and cruelly to his employees. If a jury convicts him of those charges, and I believe they would, they can lock him up and throw the key away.

The problem here isn't that Rubashkin doesn't deserve to be locked up for many years. He does. It's the far more serious problem of unequal justice and unequal sentencing.

[harold]

If nothing else, I'll go for the verdict or the sentencing.

Posted by: Shmarya | October 14, 2009 at 03:35 PM

10 days to go till sentencing. Do you still plan on going?

[chaim]

shmaryah,you are the lowest of the lowest.
you are nothing but human garbage.
i have no doubt had you lived 65 yrs ago,you would have been THE NO.1 KAPO in auschwitz,and with glee and satisfaction would have driven your own brothers and sisters into the gas chambers

[Hometown Postville]

Mr. Apikoros wrote: Rubashkin should be tried on the more serious charges of labor violations, keeping a populace of largely illegal immigrants in virtual servitude, and cruelly to his employees. If a jury convicts him of those charges, and I believe they would, they can lock him up and throw the key away.

I agree the punishment may exceed the current crime, however, a lot more potential charges are dangling on the sidelines. In addition to what Mr.Apikoros mentioned, what about tax evasion, covering up for other family members, environmental violations, need I go on? The State of Iowa wants this over with. Iowa school districts are scrambling to absorb a 10% across the board cut in education. Tons of teachers have already been laid off, buildings are being closed, districts re-organized and our tax dollars continue to be funneled to the Rubi fiasco. No doubt, his attorneys could drag this out for years to come if they wish. Perhaps their vacation homes in Israel are getting a bit dated and one could always use a few more yachts! But in the end, Rubi is still going to be the loser sitting in jail while his cohorts and defenders play in the sun. Might as well get it over with now.

[WoolSilkCotton]

++chaim | April 18, 2010 at 08:42 AM++

Chaim, YOU, in fact, are an anti-semite. YOU hate all Jews. YOU are a nazi. YOU are WORSE THAN HITLER.

CHAIM IS A NAZI.

[critical_minyan]

rubashkin will probably never get out of prison, whether he gets sentenced to 10 years or 50 years.
He probably won't be able to handle being inside.

[Jay]

Milken's sentencing is irrelevant in this case. Sentencing guidelines have changed over the years since he was convicted. By the way, Moe, the Rubaskin raids occurred under BUSH-- not Obama!

[state of disgust]

The real Joe said "...Rubashkin will have lost 99% of his Family's money even..."

How do you know?
How much money did the Rubashkin family make from a $200-300 million business each year? How much did they sock away in banks in Russia, Israel and elsewhere? Since SMR has refused to cooperate with the government in disclosing his true wealth, you have no idea how much money SMR has put aside.
BTW, keep in mind RICO charges have yet to be brought and still could be, against the whole family! SMR is taking the fall for the family who will live high on the hog (pun intended) while he sits in jail. Nice to see the old man sacrifice so much for his kid.

[Equality]

In the coming week I am going to be submitting an essay to this blog about how Orthodox Jews in America and elsewhere in the world are responsible for causing anti-semitism.

I can prove my point, but for now I urge all of the orthodox readers of this blog to look at and take to heart the statement below. The large majority of you have no understanding of equality and think you are better than others.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. .

Rubaskin certainly does not know anything about equality.

[Bill]

equality,

How should we best prepare for your earth-shattering, ground-breaking essay?

Meanwhile, I hope that my forty day and forty night fasting along with 9,000 Hail Marys (because you *really* can never know for sure...) will do the trick.

[effie]

Equality: You are now spamming the comments of this blog. Either put up or shut up. And what makes you think this blog has to publish your "essay"? Put your money where your mouth is and start your own blog/webpage.

[Joey]

Growing up I was constantly taught "Esuv sonah layakov" And i actually believed this s..t, I now see it's the opposite way around. The hatred that I receive on a daily basis from the Charedim are pure hate. I still hear that a jew Can't get a fair trial i.e rabbi Lebowitz when everybody in the chasidish community knew what he was up to. the holier than thou mentality is ingrained so deep. keep drinking the anti semitism cool aid

[Equality]

Effe;
Where does paragraph 3 from my previous post ocme from? I have looked at your posts over the past few months and think that you might perhaps be one of the exact types of people that I am talking about.
This blog is under no obligation to publish my essay, but it is going to be published in the Christian Science Monitor, which if you knew anything would realize is perhaps the mpost un-biased news organizations in the world. It will be in the April 21st issue.
If you or anyone else wants to offer contributions or stories to the piece, feel free to email me at equalityguy at aol

[Successful Messiah]

"Now realize Rubashkin has refused to pay restitution"

Scotty, you are a moron. The bank loan had a personal guarantee on it. The Rubashkins are on the hook for it whether they agree to pay restitution or not so restitution was never an issue here. Of course, onlike your idol Milken, the Rubashkins may have been bankrupted by this whole process so they may not have the means to make good on the guarantee.

[Mr. Apikoros]

HT: I agree with you. Rubashkin should be tried on all these charges and sentenced accordingly. Don't get the idea I'm cutting him any slack.

The government is guilty of a huge cop-out here.

[concerned citizen]

Just wondering and this is off topic a bit but just wondering if anybody knows if the Jewish School in Postville is closing? I've heard they are having big problems and heard last night that it is closing.

[WoolSilkCotton]

Only a confirmed Chabad kool aid drinker would believe that the Rubashkins are truly bankrupt.

They have millions stashed in other countries. They still have luxury homes and properties here in the USA.

[cheskel]

Don't forget that Rubashkin was also charged with a"heinous" crime in not paying on a timely manner Livestock.A law created in the beginning 1900's and was never enforced. Also, as Nat Lewin explained that for bank fraud he was charged as a crime each month extra.

Equality writes:"In the coming week I am going to be submitting an essay to this blog about how Orthodox Jews in America and elsewhere in the world are responsible for causing anti-semitism"
U can write essays from one end to the other and try to convince anyone that Milken, Boesky, Madoff and the rest of the wall street bankers are not the cause of anti-semitism.Rarley will u hear an orthodox jew stealing in the hundreds of millions.its petty theft compared to those wall street bankers

[effie]

Equality:

"Where does paragraph 3 from my previous post ocme from?"

Don't you know????

"I have looked at your posts over the past few months and think that you might perhaps be one of the exact types of people that I am talking about."

I have no idea what you are referring to or what thought, if any, you are trying to convey by the above sentence.

"This blog is under no obligation to publish my essay, but it is going to be published in the Christian Science Monitor which if you knew anything would realize is perhaps the mpost un-biased news organizations in the world."

Yawn. You have a very imprecise use of the English language. You are the one posting repetitively that you are submitting some crap you wrote to "this blog." Also, I disagree with your characterization of CSM. Nevertheless, you, at best, wrote an op-ed piece - not a news item.

[neighbor girl]

matzav.com
Has the Justice Dept. Gone Too Far?

Is the family's PR firm cranking out these touching essays? Notice there's often a link to give a donation.

[neighbor girl]

Wow! Another one at matzav.com
Injustice, Persecution and an Anti-Business Vendetta

[justice seeker]

I agree with Mr. Critical_Minyan, I doubt SMR can do 10 years. I'd bet the family won't stay out of the news long either.

[Shmarya]

Scotty, you are a moron. The bank loan had a personal guarantee on it. The Rubashkins are on the hook for it whether they agree to pay restitution or not so restitution was never an issue here.

Read the government's sentencing memorandum. Rubashkin has refused to turn over financial information to the government, so the government can take the money to repay the banks.

By contrast, many (if not all) of the cases cited by Rubashkin's pr team to 'prove' the 'mistreatment' of Rubashkin turn out to be cases where the criminal cooperated with the government and willingly paid restitution. (Note, especially, Spero.)

[Successful Messiah]

"10 days to go till sentencing. Do you still plan on going?"

Don't know if he is going, but he sure a hell is still schnorring funds to go.

[Zalman Alpert]

Life in jail is a bit absurd.

[state of disgust]

If you can't do the time, don't do the crime(s).

[Clue]

I predict he will get about ten years. No more than 13 and no less than 8.

Butt this is a pure guess. I have no experience in this and have done no research.

Life is gross overkill (in my opinion). It truly makes you wonder what is motivating the prosecutors.

[sandra]

he

[sandra]

sholom rubashkin should get 30 years AND NOT SEE THE LIGHT . he should get out at 80 years old , wiped out and done .
no kosher food . he does NOT DESERVE IT .
he should eat the reg jail food , like everyone .
no private cell. he should SHARE HIS CELL
with another inmate .

no favors, like going home for 'shabbat' , once a month . or going out for his grandchildren bar mitvah or wedding , or bris . or going out for roshachana, yom kippur .......stuff like that .

i hope the judge won't approve any of this above priviledges .

sholom rubashkin should PAY FOR HIS OWN NON KOSHER FOOD IN JAIL . nor at the tax payers expense .

i hope the judge will NOT TAKE INTO CONSIDERATION all the letters sent by political leaders connected by chabad .

this bastard should be sentenced based on his charges .

[yidandahalf]

He should take all his excercise yard breaks in a Weinberg Pen. Unless he agrees to that, he can sit his sorry decayed ass in his cell. In any case he won't last long. He just doesn't have it in him, he'll fold within six months.

[state of disgust]

Look for a long sentence. After all appeals have been exhausted wait for a request from SMR's attorney's to reopen the case based on "new evidence."

[rebitzman]

*In any case he won't last long. He just doesn't have it in him, he'll fold within six months.*

You do know that if the judge agrees - he might will only get 6 months. He is to be sentenced to prison - not death.

*Question is that if he doesn't go will he be returning the funds.*

Can't speak for everyone else who donated - but would request that should he for any reason be unable to attend, that he take the money I donated and use it to keep this blog going.

[Isa]

This is what he gets. His gang has accused the Iowa people and the court system of being vicious brown shirted / white robed anti-Semites.
YES SIR! really 'took a baseball bat and hit the beehive' this time.
Should have got on his knees and beg forgiveness for this, that, and everything else but instead shouted I am being persecuted by nazis! kkk!
Ho Ho the 'knife' got pulled out and 'sharpened'

[chabadnik attorney]

Go Sandra, burn him at the stake.

[Isa]

I didn't read the entire article...

YOU DUMB MORONS!!

ASKING THE JUDGE TO GET IMPEACHED!![??]

It is like I am some rich slug who hates ol Rubi and decides to 'get' Rubashkin by creating 'Pro' Rubashkin outfits to shout "IMPEACHMENT NOW!" and "IOWIANS ARE NAZIS"

You are screwing Rubashkin all by yourself.In fact Rubashkin will get get 'stickered' and 'roasted'

[chabadnik attorney]

Whether or not Equality is a rabid anti-semite I do not know for sure, but, for him to say that based upon a reading of Effie's comments, that Effie may be the type of Orthodox Jew that is responsible for anti-semitism, I would be inclined to believe that he is just that.

[i hate scott]

and you scott deserve to die

[Dr. Moe]

Rubashkin has refused to turn over financial information

LIAR!

[Shmarya]

LIAR!

It's in the government's sentencing memorandum. Try reading.

[s]

How does it work that the woman who tried to run a kosher grocery in Detroit area (I think) had to shut down as people would not supply her with the wholesale items needed? Moved to Israel with something like 6 suitcases.

[sage]

+++ He should take all his excercise yard breaks in a Weinberg Pen. Unless he agrees to that, he can sit his sorry decayed ass in his cell. In any case he won't last long. He just doesn't have it in him, he'll fold within six months.

Posted by: yidandahalf | April 18, 2010 at 06:52 PM +++

Fascinating !!!!!!

Suggest a possible improvement.

Have a simulated cow with normal weight inserted into the pen, which is set to rotate 360 degrees and have a foot-driven gear assembly attached so the one can pedal the whole contraption around.

This would be of great benefit to SMR as an exercize machine, to keep him in superb health and may change his mental attitude towards a more positive perspective so, that one day, he might decide to come out and repent.

[cheskel]

Some hate group a while back perhaps the KKK let itself heard that they had a hand in bringing down Agri,whether its true,who knows.
You self hating jews wishing on Rubashkin the worst are suckers for the real anti-semiths.So when a member of those hate groups posts give them kudos as usually done.

[FirstGenerationBavarianAmerican]

The US Supreme Court docket system today reports that the Petition for a writ of certiorari was denied.

[sandra]

to : ' i hate scott' . you are a cowars and an asshole . and jealous of shmarya , bc
shmarya is great and honest . and shmarya is telling the truth and wants ppl to KNOW THE TRUTH .
shmarya web site ' failed messaiah.com ' is the greatest site i have ever seen .
and i thank shmarya to have the courage to publish this awsome site . i hope shmarya will ALWAYS HAVE THE FUNDS to keep it going . all the shit about the so to speak ' religious ' ppl is coming out .

..........WE ALL WANNA KNOW WHAT GOING ON
and now, we do thanks to shmarya .

........to : "i hate scott' . eat your heart out . you do not like the truth to be publicly known . do you .

[sandra]

to : rebitzman . ...' he won't last long ' .. you'll be surprised . those russians lubavitch are tough . they are made out of steel . nothing hits them .
they are immuned to everything around them . a lot of them survived concentration camps , AS IF NOTHING HAPPENED . they are all like that . so is sholom rubashkin . did you see him laughing when he was arrested , with handcuffs ?

i haven't seen any criminal laughing like that with handcuffs .

i won't be suprised if sholom rubashkin gets no jail at all .

[Sammy Finkelman]

The government gets half of its extra points by arguing that the loss to the bank was over $20 million rather than around $7 million. (Rubashkin's lawyers did try to argue the loss was around $4 milion but they diod that by subtracting all the interest the bank got which you really can't do) The government says that at the end $10 million in collateral turned out not to exist. (But they build up the losses to over $20 million to get Rubashkin more jail time - you can't tell how much is added that way)

It gets a little extra also by arguing that theer were many victims (a la a Ponzi scheme) But you only gte many victims by counting all the suppliers who didn't get paid when they should have - they did get paid but in the meantime lost interest or profits, but rather small amounts fior ecah business.

It argues this was a "sophisticated" fraud. sophisticated because a lot of bank accounts etc wer used. 2 more points against him for that.

They count the immigration violations and argue that amounts to fraud because Rubashkin signed something that said his business was in compliance with the law. Therefore, let's say if the government wants to impose a fine on the business that's his faukt - in fact it is the essence of the fraud. However no reasonable person would have expected too much to happen even in the worst case scenario. The goverbnment is striving for technicalities.

Also the truth is that is not why rubashkin went bankrupt.

The truth is, Agriprocessers was probably losing money most of the time and was making it on volume. It was borrowing against accounts receiveable (and sometimes hiding AR that had come in so they'd have something to borrow against) and delaying accounts payable (in some cases in violation of a special law passed in 1921 which law may not have had very much pratical significane) Its debt was rising but so was its revenue. It couldn't scale down. That's why they had to xlose their plant in Nebraska - the one that employed American Indians.

Rubashkin is also accused of destroying business records at the point when the finances were going to have to be turned over to others. At that point, the bank and others were not aware how much of the collateral was nonexistant. The government says it had more superceding indictments because as they turned over rocks more and more rocks weer discovered.

The government blames Rubashkin for getting two employees to leave. One of those cases is the focal point of an arrticle in teh Yated this week. It seems teh plan for him to leave was in place before the raid and the use of teh compa ny's credit card was just simply the way the company did business. Rubashkin said he did even know the man was leaving till just a bit before.

Rubashkin's defenders are trying to make it out that there was only unfairness - that's the only thing they talk about and even there it may be ahalf truth sometimes. This will not work with the judge. It will maybe help people give money to pay the lawyers and make some people feel self-righteous.

It can also be said in defense of Rubashkin that while he son of the owner he did not dream all these things that were going on - they had been started before he got there.

[Sammy Finkelman]

Rubashkin is of course probably trying to salvage his family's money - how many people would not have a yetzer Harah for that? and he may be within his legal rights at least in part.

[EEMES V'YATZIV]

TO LITTLE TOO LATE...ONLY OBAMA CAN GIVE HIM CLEMENCY, WHICH IS AS MUCH CHANCE AS OSAMA BIN LADIN GETTING THE CONGRESSIONAL MEDAL.

where were all these HAILIGER COMMUNAL LEADERS AND RABBONIM AND NOT TO MENTION THE HOT SHOT LAWYERS LEWIN AND DERSHOWITZ when this case was set for trial? only when they shoot to prominence or notoriety do they suddenly appear in solidarity and offer to 'fight the injustice'

TO LITTLE TO LATE...SHAME ON YOU ALL

[EMES V'YATZIV]

TO LITTLE TOO LATE...ONLY OBAMA CAN GIVE HIM CLEMENCY, WHICH IS AS MUCH CHANCE AS OSAMA BIN LADIN GETTING THE CONGRESSIONAL MEDAL.

where were all these HAILIGER COMMUNAL LEADERS AND RABBONIM AND NOT TO MENTION THE HOT SHOT LAWYERS LEWIN AND DERSHOWITZ when this case was set for trial? only when they shoot to prominence or notoriety do they suddenly appear in solidarity and offer to 'fight the injustice'

TO LITTLE TO LATE...SHAME ON YOU ALL

[Sammy Finkelman]

The $1.5 million that the government says Rubashkin made probably is his salary for the period of time he was running agriprocessors.

The Rubashkin family as a whole may not bankrupt but Agriprocessers probably was really losing money.

Tax evasion doesn't seem to be among the charges probably because in fact Agriprocessers overstated income.

While they did not have to file any 10-K statements, they probably would have had to show the bank their corporate income tax returns. It probably showed the company making money or losing only a small amount on operating expenses, but suffering a net loss for tax purposes because of depreciation. This would have been achieved by double counting some revenue both as revenue and as still to be received accounts receiveable, and also by not counting some expenses.