Rubashkin's Wife: Sentence My Husband To Time Already Served

"What we are looking for in the court system is that they treat us the way they would treat any other person in this situation. I’d be happy with time served. He has served almost a year already in a county jail — terrible facilities.”

Rubashkin’s Wife: Sholom Deserves ‘Time Served’

On eve of sentencing, family living ‘on charity’; denies feds’ claim of ‘rich lifestyle using Agriprocessors money.’

Stewart Ain • The Jewish Week

As she awaits her husband’s sentencing next Thursday for federal bank fraud, Leah Rubashkin described him as a man who “always had a hard time” running the family’s kosher slaughterhouse and “did everything he could to keep all the bills paid.”

During the nearly month-long trial of her husband, Sholom Rubashkin, defense attorneys and prosecutors alike portrayed Agriprocessors, Inc., in Postville, Iowa, as a business continually teetering on the brink of financial collapse. To cover cash shortfalls, Rubashkin routinely took out bank loans.

Prosecutors presented evidence that Rubashkin had deliberately falsified invoices for use as collateral to obtain loans that cost St. Louis-based First Bank Business Capital about $26 million; the defense argued the loss was $4.5 million. Former Agriprocessors employees testified that Rubashkin ordered them to create the fake invoices to inflate the company’s income.

Prosecutors claimed Rubashkin used $300,000 of his company’s money to pay his credit card bills, $200,000 to remodel his Postville home and $25,000 for jewelry. He was, they said, “living a rich lifestyle using Agriprocessors’ money.”

But Leah Rubashkin denied that in a phone interview.

“In my estimation, we were just a little humble family driving a Buick Rendezvous and a broken-down van. We never lived the life that you envision for those who own those companies.”

Asked what she believes her husband’s sentence should be, she thought for a few moments.

“We’ve been through a lot already and Sholom has had his name smashed,” she said. “I don’t know the right words to say — his name has been made into mud and the family has lost the family business. We’re basically living on charity. ... What we are looking for in the court system is that they treat us the way they would treat any other person in this situation. I’d be happy with time served. He has served almost a year already in a county jail — terrible facilities.”

Rubashkin’s attorneys declined to make Rubashkin himself available for an interview with The Jewish Week. After his conviction in November, prosecutors indicated they would request a sentence of life in prison because of the dollar amount of the fraud. They cited also his “blatant lawlessness, utter lack of remorse, his egregious and repeated attempts to obstruct justice.” But during his closing arguments at a pre-sentence hearing April 29, U.S. Attorney Peter Deegan asked Judge Linda Reade for a sentence of 25 years to life.

The change followed strong objections by legal experts throughout the country who argued that the prosecutor had misinterpreted federal sentencing guidelines. In a letter to the judge, six former U.S. attorneys general, one former solicitor general and more than a dozen former United States attorneys were critical of “the government’s extreme sentencing position” and the “potentially severe injustice” that could result.

Defense attorney Guy Cook requested a sentence of not more than six years in prison.

Rubashkin, 50, told Reade at the April 29 hearing that if the judge went along with the prosecution’s request, such a sentence would be “comparable to death, a death sentence — or maybe worse. You only die once, and that’s it. So I’m asking for mercy. And a Jew, before he is going to be killed, he says something I’d like to say now. It’s a passage out of Deuteronomy proclaiming the unity of God.”

He then recited the Shema in both Hebrew and English.

Rubashkin’s arrest came just months after a May 2008 federal immigration raid at Agriprocessors that led to the arrest of 389 workers. About 300 of them pleaded guilty to charges of identity theft and most were sentenced to five months in prison and then ordered deported.

Agriprocessors filed for bankruptcy several months later after Jewish community leaders raised questions about its operations. They maintained that a kosher product is one that must not only be prepared according to Jewish law but one in which working conditions and financial transactions of the plant must be beyond repute.

Rubashkin is in Iowa state court in Waterloo this week facing 83 counts of state child law violations. It is alleged that the violations — all misdemeanors — were committed over an eight-month period ending with the May 12 raid. The charges involved 32 minors — some younger than 16 — who were allegedly illegally hired, exposed to dangerous chemicals and who operated such heavy machinery as circular saws and meat grinders. If convicted on all charges, Rubashkin faces more than seven years in prison.

Leah Rubashkin said her husband is fighting those charges because “he had nothing to do with the hiring process.”

She said also that she had been to the Agriprocessors plant many times over the years and never saw anyone working there who was obviously a child.

“I’m not saying that the kids were not that age,” she said. “I don’t know what age they are, and I’m not sure they themselves know because they have given five or six different birthdays in different government paperwork.”

She said her husband had found running the business very “stressful ... so great it brought him to tears; he didn’t know what to do. He was trying to bring it all together. He felt very responsible for all the families who worked at Agriprocessors.

“Before the [2008 immigration] raid, 900 people worked there. That’s 900 families who were relying on this business to move forward. He took that responsibility seriously and did everything he could to keep all the bills paid and to keep everything in check. It was very stressful.”

At the pre-sentencing hearing, Rubashkin told Reade that he was “really sorry for what happened, what I have done.” He said he had “learned a lot about myself from this terrible experience. ... I basically am a conflicted and flawed human being.

“I allowed myself to be drafted into the family business ... against my wishes and better judgment,” he continued. “I basically should have continued my life as a teacher and an emissary [for Chabad Lubavitch]. And I guess I’m flawed in my efforts that I tried to make affordable and quality kosher meat available to everybody, to all the Jews, and I basically lost my way. I made mistakes — a lot of them. And I hope your Honor recognizes the human frailty.”

Rubashkin then went on to “apologize to my community, and especially my dear wife and children.”

The Rubashkins have been married 28 years and have 10 children ranging in age from 6 to 27. Their 16-year-old, Moishe, is autistic and Leah Rubashkin said her husband’s imprisonment for much of the last year has been hard on the child.

“Something has been ripped away from him and he can’t associate his feelings with what’s going on,” she said. “So it’s been especially rough on him because Sholom has such a strong bond with him. Thankfully he [Sholom] has phone privileges where he can speak with the kids every night.

Federal prosecutors have dropped all charges against her father in-law, Aaron Rubashkin, the founder of Agriprocessors.

Comments

[itchiemayer]

Shalom is throwing his father under the bus by implying that Aaron coerced him into the family business. Kibud Av?

[Shmarya]

He isn't implying that – he has said that openly in court. And it is true.

Nowhere does halakha mandate that you lie or perjure yourself in court to 'honor' your father.

But, past that. it seems clear Aaron agreed to this strategy, in part because the feds and the state seem very reluctant to prosecute an 80 year old man – even if he's a type of kosher crime boss.

[justice seeker]

Well if she thinks the county lock up is terrible, try working 50 or 60 hours a week for $6.25 an hour. Share a dump owned by Rubashkin with 15 or 20 other people, and pay all of your earnings back the Rubashkins and coyotes.

Note to Mrs. Rubashkin, jail is supposed to be punishment not a spa. I'll bet SMR is still eating better than his former employees.

[jay]

Eating better, housed better , clothed better and provided much better medical care.

[Isa]

""""" try working 50 or 60 hours a week for $6.25 an hour."""""

On the Rubashkin plantation, children were making ~5.00 an hour.One troll Ber calls them " vermin"

[WoolSilkCotton]

'Implying that Aaron coerced him into the family business' really doesn't cause any legal problems for the old man. Just another tactic for SMR to get sympathy from the court.

[WoolSilkCotton]

How about 'time served' plus 35 years?

That would make 36 years, which is 3 times CHAI.

Wouldn't that be marvelous?

[WoolSilkCotton]

Oops- only 2x CHAI.

[Dr Moe]

"On the Rubashkin plantation, children were making ~5.00 an hour"

In Guatemala these teenager would be earning 2 cents en Hour so even $5 an hours is like making a Million dollars a year.

And Yes I already know its is illegal in the United, however they and their parents Lied to the hiring people at Agri and even Sholom Rubashkin did not know about these hirings.

[David]

"Terrible facilities"? What do they expect, the Hilton Hotel? Its a JAIL. Time for a reality check.

Incidentally, concerning the other post where it was stated he would not walk more than 18 inches without his tzitzit and he had to be dragged to his cell, perhaps the jail authorities could have a special trolley made for him similiar to the one used for Dr Lecter in Silence of the Lambs? I realise a wheelchair could have been used but how humiliating this would have been for the jailers - treating the criminal like a king!

[WoolSilkCotton]

David-special trolley made for him similiar to the one used for Dr Lecter in Silence of the Lambs- LOL!

[Daniel]

I agree with Dr. Moe, I've seen it many times in warehouses in NJ and NY and it did not make a difference by whom they were employed. So called child labor among the South American population is rampant and mostly THEY are to blame by lying and falsifying records. $5.00 an hour goes alooooong way in Guatamala.
I agree with Leah R. A year of this inquisition is enough. SMR has been stripped of his position, money, family, but NOT of his dignity!

[justice seeker]

Sorry Daniel but there is no dignity in being a thief,liar, and abuser of the poor.

[A. Nuran]

Daniel and Dr. Moe, you two are despicable.

We're talking about people in America being paid sub-standard wages in substandard exploitative conditions. This is not Guatemala. But if apologists and frankly racist bastards like you two keep spewing propaganda we will make Third World wages and labor conditions acceptable here. It's already more than halfway there, and shmucks like you hasten the process of turning the country to shit and destroying the middle and working classes.

[usms]

David and WoolSilkCotton;
The jail does have the exact device you are talking about. It is a 4 point restraint that looks like a dolly. The inmate is seated with his hand cuffed behing his back in a very uncomfortable position. In most cases a spit hood is placed over his head. The USMS will be introducing this the SMR. They, unlike, county jails, do not take crap. The airlift should be something that SMR is very worried about. I will explain the process in detail if anyone is interested. Please keep in mind SMR IS NOT A HIGH VALUE PRISONER OR ANYONE EVEN CLOSE TO THAT HE WILL BE TRANSPORTED LIKE EVERYONE ELSE.

[WoolSilkCotton]

Thanks, USMS!

To Daniel and Dr. Moe:

Your hero Rubashkin picked a fine time to be on trial for recruiting and hiring illegal underaged immigrants.
The nation is in an uproar over the issue of illegals crossing the border and how we should deal with the problem. Everyone agrees that a major cause is people like the Meat Messiah.

This is a perfect opportunity to throw the book at such an egregious violator of hiring illegals. Hopefully, 25+ years for Sholom Scumbag Rubashkin!

[Bill]

"Rubashkin, 50, told Reade at the April 29 hearing ... 'a Jew, before he is going to be killed, he says something I’d like to say now. It’s a passage out of Deuteronomy proclaiming the unity of God.' He then recited the Shema in both Hebrew and English.”

So let's see, the Big Jew Rubashkin, facing a life sentence, decided that he would best use his time in front of Judge Reade, not to appologize to his victims, but the lecture the Christian (?) about the "unity" of God.

Instead, Rubashin should have quoted the much more powerful "Ezekiel 25:17" as "Jules" (Samuel L. Jackson) did in the movie Pulp Fiction:"

"Well, there's this passage I got memorized. Ezekiel 25:17.'The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.... And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers....'

I been sayin' that shit for years.... I just thought it was some cold-blooded shit to say to a motherfucker...."

[Mr. Apikoros]

No, WSC, I don't believe SMR should get 25 years in the slammer. Not because he doesn't deserve it. He does.

There's a bigger issue here, and that's one of procedure. The Feds were too lazy, or too diffident, to try him on the serious charges, which could have landed him 25+ years behind bars. Yet they want him to do long, hard time on relatively minor charges.

What they should do is give him a sentence comparable to those who've committed similar offenses, say 5 years. They can, and should, reopen the more serious charges. If convicted of those, he'd be looking at 25 years, minumum.

Then the hypocritical Yidden who regard this guy as the Meat Messiah (LOL) can't wail and gnash their teeth that SMR was given 25 years for the metaphorical equivalent of spitting on the sidewalk.

[sandra]

easy to say to sentence him to time served ' already' . this leah has some nerve , JUST LIKE ALL LUBAVITCH GIRLS AND WOMEN .

i hope the jugde will do what he has to do based on witnesses testimony .

what rubashkin did is untolerable , absolutely NON ACCEPTABLE . punished by
years of jail and soul torture . yeah, they should torture his chabad soul, JUST LIKE HE TORTURED THIS CHILDREN SOUL > PLUS

[WoolSilkCotton]

Mr. A, I agree, but I'd be happy with the 25 years that Judge Reade will hopefully pronounce in a few days.

The Meat Messiah acolytes will go apoplectic no matter how the sentence will be reached.

He should have indeed been tried on the illegal immigrant charges. In today's climate, someone who employed hundreds of illegals, whom he recruited and provided with fraudulent documents, deserves to have the book thrown at him. An example needs to be made of him.

[Ber]

wsc,

it is so sad to see that morristown produced such crap like you.

of course, with all the good that comes from there, there is bound to be some bad.

btw, i also went through morristown, but unlike you, had a wonderful, uplifting spiritual experience, and came out with feelings for others.

[yidandahalf]

Sham Wow won't last long, he will never do a fraction of the time. Long before a lengthy sentence would be up, he will have succumbed to a heart attack or stroke. No doubt the old man would have already turned up his toes probably before his son. His fat assed wife, will have to somehow find gelt to pay for her thousand buck plus human hair sheitels and the five hundred buck foil jobs she has done on them. This family will collapse bit by bit, abomination by abomination. The only soul left untouched and uncorrupted will be the autistic boy who will probably, unlikely as it seems, lead a fulfilling life and an inspirational one. Until that time, Heshey and Moshe will be left to conduct affairs which will dwindle and wane; this will take its toll on them and they will never experience any joy or health. In time the Rubash-in Crime Family of Horrors will cause most Jews to shudder at the memory of them. There is nothing but sorrow for these Rubash-ins now and in their future and any transgression not paid for by them will be paid for by their heirs and the next generation in turn. The family is cursed.

[effie]

If you look at the sentences of other defendant for mail and wire fraud, they are pretty damn high.

[Bill]

"You only die once - and that's it" - SMR (per above)

What kind of Chabadnik doesn't believe in gilgul?!

[Dr Moe]

Who said Rubashkin is getting 25 years? 6 former attorney General, yes they were the HEAD Attorney Generals of the United States said that Rubashkin was treated very un fairly for the Bank fruad = Lying to the Banks, let us hope The Honorable justice Reade does the right thing and give Rubashkin 2 months Jail time plus Probation.

As far as the Child labor case is going so far 1 sexual predator who was kicked out of the plant said lies that he cannot backup himself, nor can the DA help this Sexual predator to backup his lie, even more there was hard evidence that suggested that when Rubashkin found out there was minor without any second thoughts Rubashkin had the minor thrown out of the Plant.

Rabbi Morris alan is a LIAR.

[Bill]

"They were the HEAD Attorney Generals of the United States. -Moe

Moe,

There is no such thing as "HEAD Attorney Generals."

[shmaryahu is like Paroh,loves to bathe in jewish blood]

shmaryahu,you dirty rat,what do you want from this family? didn't you drink enough of their blood?
i have no doubt at all,have you lived 65 yrs ago in Europe,you would have been the head KAPO in Auschwitz,and with a smile on your ugly face you would have dragged your own brothers and sisters into the gas chambers

[justice seeker]

SMR will concoct something to be back in the hospital before the 27th. Its the last card he has to play, plus I bet he is scared to death.

[WoolSilkCotton]

Ber, I will be at tomorrow morning's minyan at Tiferes, and I look forward to meeting you.

[Shmarya]

There's a bigger issue here, and that's one of procedure. The Feds were too lazy, or too diffident, to try him on the serious charges, which could have landed him 25+ years behind bars. Yet they want him to do long, hard time on relatively minor charges.

The bank and wire fraud charges were the major charges with regard to length of sentence.

As I've reported many times, the federal guidelines call for 21 to 27 years for those charges.

The immigration-related charges are relatively minor compared to them.

[ber]

WSC,

you won't see me there because:

1) i don't live there anymore.

2) you are not frum anymore (if you ever were)

3) you don't go to shul to daven.

[Daniel]

Daniel and Dr. Moe, you two are despicable.

We're talking about people in America being paid sub-standard wages in substandard exploitative conditions. This is not Guatemala. But if apologists and frankly racist bastards like you two keep spewing propaganda we will make Third World wages and labor conditions acceptable here. It's already more than halfway there, and shmucks like you hasten the process of turning the country to shit and destroying the middle and working classes.

Posted by: A. Nuran | May 21, 2010 at 10:25 PM

Listen A Nuran; if you were such an ethical rightous person you would not use such a language to state your point! I stated my point and that's all it is, MY point! I did not violate the law, did not use any profane language, so no need to express yourself in such an immature way. And by the way you would think twice using that language if we were face to face.
None of SMR's workers were forced to work for him. He did not round them up on the plains off Iowa, put them in shackles and forced to work for him! They came to him, showed their legal or illegal papers, were offered a wage, and CHOSE to accept the wage. They could have traveled to an other part of the country to choose their labor. (like north NJ, or Brooklyn). If you enter this country illegal you are automatically exempt from many of the priviliges this country has to offer (except basic human rights and believe it or not,health care) because you violated the law.

[Shmarya]

If you enter this country illegal you are automatically exempt from many of the priviliges this country has to offer (except basic human rights and believe it or not,health care) because you violated the law.

That would be a surprise to the Supreme Court, which has clearly ruled otherwise.

[Daniel]

Educate me Shmarya.

[Shmarya]

The right to medical care for the indigent via hospital emergency rooms.

The right to join unions and be governed by union contracts.

The right to be Mirandized if arrested.

And dozens more.

[WoolSilkCotton]

They also have the right to enter their children in the public school system.

[justice seeker]

Daniel you are wrong on another matter. Iowa is not plains, its tall grass prairie. Get it right!

[Dr. Dave]

I would agree to time served if and only if under some sort of parole, he was made to spend the rest of the 25 years working full time making restitution to all he harmed from the suppliers, to the workers etc.

This would require supervision and any attempt to avoid making restitution would land him in jail.

[A. Nuran]

Dr. Dave, why should he get a deal like this when most others guilty of the same crimes don't?

[Isa]

""

The right to medical care for the indigent via hospital emergency rooms.

The right to join unions and be governed by union contracts.

The right to be Mirandized if arrested.

And dozens more.

Posted by: Shmarya | May 23, 2010 at 08:10 AM """

The right to be treated fairly and at least receive the minimum Federal wage

The right to be treated like human being and not to be shoved on some slave plantation [I could have use a WWII metaphor]

G-d bless them all - they will save this country from Islam

[Dr Moe]

Everyone who has committed worse bank fraud then what Rubashkin was convicted and sat in jail less then 2 years, infact Rubashkin is the first person ever to have been charged for late payments to the Cattle dealers, while others who have never even paid the Cattle dealers in the first place never ever got convicted or Punished.

So we see Rubashin is treated diffrent and un fairly then everyone else, let us hope Justice Reade does the right thing and let Rubashkin pay restitution, plus probation and not treat Sholom Rubashkin different then everyone else.

[Dr Moe]

The Above was a response to A. Nuran

[A. Nuran]

Nobody who has committed over eighty counts of bank and wire fraud served more than two years.

Bull. Fucking. Shit.
You are lying. There is no other word for it.

[sage]

Hi A. Nuran.

There's no point in wasting any more words with Moe.

When he goes to the next world, maybe his opinions will change, but not in this one.

[WoolSilkCotton]

Dr. Moe,

Your hero, the Meat Messiah, will be sentenced to 25 years!

Get used to it.

He will rot in prison like his rancid cold cuts did in the Agri deep freeze!

SIncerely,

WSC

[Rubashkin supporter]

B"H

I am amazed at the hatred on the part of people posting here especially the attacks on his family.

Does anyone posting anything negative know him or his family?

Hashem runs the world... not you... not me... not Judge Reade.

IY"H we will hear good news as soon as Thursday.

[sage]

+++ IY"H we will hear good news as soon as Thursday. +++

Indeed, we will !!!!

A stiff and well earned prison sentence for SMR.