Rubashkin Uses 5th Commandment And Mental Illness As Defense, Asks Judge For Leniency

“He didn’t rob, steal or cheat anyone,” said defense lawyer Guy Cook. “It’s not a bank robbery. It was motivated by honoring his father, which is a big part of his religion…"

Rubashkin's attorneys ask for no more than 6 years in prison 
BY GRANT SCHULTE • Des Moines Register

Lawyers for former eastern Iowa slaughterhouse executive Sholom Rubashkin asked a judge Friday to sentence their client to no more than six years in prison.

Rubashkin’s legal team argued in court papers that the former Postville meat plant officer “lost his way” and did not personally profit from a fraud scheme and use of illegal immigrant workers at Agriprocessors Inc.

Rubashkin was convicted in November of 86 fraud-related crimes for his part in a scheme to falsify bank and sales records. Prosecutors had charged him with 91 counts including bank, mail and wire fraud, false statements to a bank, and failing to pay cattle providers in the time required by law.

Agriprocessors Inc. was the site of a May 2008 immigration raid that led to the arrest of 389 illegal workers. The plant slipped into bankruptcy but emerged under new ownership as Agri Star.

Prosecutors indicated in December that they would recommend a 21- to 27-year prison term for Rubashkin.

The suggested sentence — which a judge can accept or ignore — is based on federal guidelines that consider the number of victims, Rubashkin’s specific role in the crime and other factors.

U.S. District Chief Judge Linda Reade has set a two-day sentence hearing for Rubashkin on April 28 and 29 in Cedar Rapids. Rubashkin has been held without bond in the Linn County Jail.

In court papers, defense lawyers said Rubashkin has lived a life of “selfless contributions to both the Jewish community and the greater community at large.”

His attorneys also pointed to an online petition with 16,000 names that asks for a “compassionate and merciful sentence.”

“He didn’t rob, steal or cheat anyone,” said defense lawyer Guy Cook. “It’s not a bank robbery. It was motivated by honoring his father, which is a big part of his religion . . . and trying to keep his father’s business afloat.”

The U.S. attorneys who prosecuted Rubashkin argued at trial that the 51-year-old’s religion and past charity work were irrelevant to his charges. They also disputed Rubashkin’s claims that he was an incompetent manager who was unaware of the fraud and illegal immigrant work force.

Here are quotes from the memorandum submitted by Rubashkin to the court Friday:

Religious Obligation

…Sholom Rubashkin committed the offense conduct, not for personal gain, or out of greed, but in order to continue what he viewed as the critical Lubavitch mission of providing Kosher food to the Jewish community.

Mr. Rubashkin felt obliged, both because of his religion, and as a son, to keep his father’s business going.…

Charitable Giving

…Sholom Rubashkin has demonstrated himself to be an unusually generous giver. Mr. Rubashkin personally and through Agriprocessors donated very generously to schools and organizations. Between December, 2006 and October, 2008, donations of $445,404 were made to charities, including Colel Chabad, an organization in Israel that sends hot meals to homebound seniors ($1,800/month), Yad L’Yeled Meyuchad ($1,000/mo), an organization which assists special needs children and their families. Mr. Rubashkin donated money to several Israeli schools dedicated to support Jewish scholars. Sholom Rubashkin and Agriprocessors contributed $10,000 to renovations to the Postville Swimming pool, $25,000 for a project to construct a day care center, $15,000 to open a YMCA, money for the library expansion, annual donations to the fire department to include $10,000 per year ($5,000 from Agri and $5,000 from the family’s company, Nevel), and $1,000 to the police department to purchase a narcotics dog. Agriprocessors and defendant were major sponsors of summer activities for children, including Blackhawk water skiing and speed boating.

Mr. Rubashkin's financial generosity included the broader community of Postville. Notably, Sholom had Agriprocessors fund dental care for poor children in the Postville public schools. This funding enabled a local dentist, Dr. Kolarich, to provide care to children who he otherwise could not have treated. Sholom contributed generously to numerous local projects, including selling part of his own property at a loss to an independent living center. The Rubashkin family also participated and donated money and meat for raffles and prizes to many annual community events including: Agriculture/Industry Days, Taste of Postville, Homecoming, Graduation/Prom, and local sports teams.

All of these financial contributions, however, are dwarfed by Mr. Rubashkin's extraordinary generosity to individuals. For example, when the Kellers’ daughter became seriously ill, they lacked the funds to pay for needed medical treatment at the Mayo Clinic. The treatment was necessary to preserve their daughter’s leg. Rabbi Keller approached Sholom to request a loan. Sholom not only told him he would pay for all of her treatments and not to worry about it, but expressed genuine care and concern for the child. The Kellers have described Mr. Rubashkin’s genuine caring and concern for their child.…

Autistic Son

…In Spero, the defendant, Chaim Spero, (who incidentally is a Hasidic Jew as is Mr. Rubashkin) pled guilty to bank fraud and was sentenced to five years probation, six months community confinement, and six months home detention. His sentence reflected the district court’s grant of an eight-level downward departure based on the defendant, Spero, having, like Mr. Rubashkin, an autistic child and the need for the parent and child to remain together.… [Unlike Rubashkin, Spero – a Litvak, BTW, not a hasid – immediately admitted guilt, made full restoration, and completely cooperated with the government. – Shmarya.]

Mental Condition

…This Court also should consider that, during the time of the offense conduct, defendant Rubashkin suffered from Major Depressive Disorder. Defendant will submit additional information regarding his mental condition prior to the time of sentencing. Defendant's depression is an extraordinary mental condition that affected him during the period of the offense conduct, impaired his judgment and attention, and combined with his upbringing and religion to make it almost impossible for him to oppose his father and leave the business.… Mr. Rubashkin had crying fits during the time he worked at Agriprocessors. He feel that he became more depressed around 1998/1999 when he realized that he was not making progress despite increased responsibilities, particularly financial responsibilities. The situation worsened to the point where he told his father he could no longer handle dealing with the finances of the business. He was given checks to deposit that he suspected could not be covered. When he would call to report the situation to his father, his father would tell him the money was forthcoming in a few days. He was constantly juggling money and had to face the people at the bank on a nearly daily basis. At one point, he refused to go to the bank because he could not stand to deal with the humiliation of the money situation.…Mr. Rubashkin was so distressed by the situation that he would bang his head against the wall. His wife was so upset about his state of mind that she insisted he consult his doctor. When he refused, she described his dire mental condition to his internist who prescribed a medication (Xanax) for his anxiety.…

DEFENDANTS MOTION FOR DOWNWARD DEPARTURE AND/OR VARIANCE as a PDF file:

Download [Rubashkin 4-9-10] DEFENDANTS MOTION FOR DOWNWARD DEPARTURE AND:OR VARIANCE

Comments

[rabbidw]

He is entitled to ask for mercy in any manner and for ant reason. The courts will sentence him taking everything into consideration. My best guess is 10 years.

[Chaim]

Shmarya: your glee at the suffering of a Jew is amazing.

I want to think of awful curses for you, but when I think about it, your sad life is actually punishment enough.

Nebach.

[Abracadabra]

Imagine if this guy was your brother. He made some dumb mistakes, tried to keep the business afloat, and got caught doing things wrong. But he didn't kill anyone, rape anyone, molest anyone, damage anyone's life in irreparable ways, etc.

I honestly do not think he is evil, and hope for his and his family's sake that he doesn't get more than a 5 year sentence. That would be hard enough for him and his family. And there is no getting out early for good behavoir in the federal penal system. 5 years means 5 years. From everything I've read, that seems to be a very heavy punishment. It will be 5 years of hell to pay.

To call for a lynch mob, or for his being jailed for 10-30 years is just way out of proportion to what he did wrong.

There are pedophiles getting sentences of 5 months, who ruined and stole the lives of countless children, making their lives miserable and dysfunctional forever.

There are voilent criminals who are repeat offenders getting sentences of 2-5 years.

There are drunk drivers who kill people with their cars who get a slap on the wrist.

Shalom Rubashkin should not get more than year or two, and if you say his crimes are really, really extensive, give him 3-5 years. But anything more than that is just over the top.

[Abracadabra]

ALL of us Jews should be concerned about a religious Jew being dealt with in a way that is out of proportion to similar crimes - even if you think he is a terrible person.

Hitler didn't discriminate between religious and secular Jews. Suicide bombers don't discrimate, nor do any Jew haters on the planet.

So when the world is up to the next Holocaust and they come for the Jews with the beards and peyos, they will come for all secular Jews too.

It was only 65 years ago...

[jay]

Tell that to the Jews with beards and peyos who riot when they don't get all that they demand from secular Jews. Tell it to the Ashkenazi Jews who keep Sefardi Jews out of their Orthodox classes.

[Robert Wisler]

I was uninformed regarding SMR's contributions to secular organizations. I hope that God's mercy is aroused on him (and most especially his family) and he is given probation instead of the hardships of a prison term. "Let him who is without sin cast the first stone".

[R]

I didn't know that you have to obey your father even if he asks you to sin and as far as i remember stealing is a sin.
So that excuse is already out.
The mental illness issue....was he on medication? If he knew he wasn't well why didn't he take time off and does this mean he had a mental illness spanning several years.
I am sure his lawyers will try anything and everything, i mean they are being pumped with money thanks to the morons who donate their bread and butter to this lying theif...oh no they are donating it to already rich greedy laywers.

[AGRI-vated Angel]

[He is entitled to ask for mercy in any manner and for ant reason. The courts will sentence him taking everything into consideration. My best guess is 10 years.]

I agree with this statement. I believe seven years is ample time for the charges presently under consideration-regarding this sentencing.

I believe he needs to be held accountable more so . . . for the oppressive/abusive treatment inflicted upon others; thereby, victimizing employees who worked in the facility under his leadership.

[state of disgust]

If I remember correctly, some of those "contributions" were not voluntary but part of court ordered settlements pertaining to EPA violations.
The mental illness issue is a new one.

[cheskel]

As it seems SMR will probably end up in prison.So for all u jew haters self hating jews dont get so excited if a non-jew defends a jew.but remember all :be carefull what u wish upon SMR becuase in this great USA u all may be next special if u r jewish frum or not.

[Bill]

The harder Rubashkin leans on religion as a defense, the harder it will be for him to get a pardon from the next Republican president - which is his only hope at this point.

[neighbor girl]

After reading the court documents, I have a question. Why wasn't Heshy ever charged with a crime?

[Shmarya]

He still might be.

[Mr. Apikoros]

Rubashkin should be sentence in accord with the crimes he was convicted of, which normally would call for not more than five years.

If he is guilty of more serious crimes, and I believe he is, he should be tried on those charges (i.e. serious child labor violations, hiring and exploiting illegal aliens, etc.) and get the book thrown at him if convicted. Giving him a long sentence on relatively minor charges in order to save money by not trying him on serious charges is not right.

This is analogous to O.J. Simpson. Simpson is currently doing about 15 years in prison for stealing his own stuff back. The guy who set Simpson up got immunity. The guys who actually carried out the "robbery," with one exception, walked (the one who refused to take the deal is doing hard time along with O.J.). In effect, Simpson is doing time for murder, and probably more time than if he had been convicted back in 1995.

You can all believe Simpson is guilty of murder, and got off because he had a good legal defense team. That is your right. But he was acquitted in a court of law, and by our constitution, can't be tried twice for the same offense, which he in effect was.