Letter from the US Attorney: Silence Is No Longer In Order

A concerted campaign emerged to paint prosecutors as racists, Nazis, and zealots. This office followed the law, stood silent in the face of vicious and false accusations, and worked to the conclusion of the case. Silence is no longer in order.

LETTER TO THE EDITOR

FOR IMMEDIATE RELEASE Date: June 22, 2010

On June 22, 2010, Sholom Rubashkin was sentenced to 27 years in prison. That closed another chapter involving the May 12, 2008, U.S. Immigration and Customs Enforcement worksite enforcement operation at Postville, Iowa. The time has come to set the record straight about that day and the following two years.

The small town of Postville relied upon Agriprocessors. Postville was occupied by residents who benefitted from, and feared the discovery of, hundreds of illegal workers. Agriprocessors capitalized on fears – workers’ fears of being deported; employees’ fears of revealing lies made to the company’s creditors; and residents’ fears of the town’s economy crumbling if Agriprocessors’ illegal acts were discovered. The tough decision was made to go forward with a massive enforcement operation after consultations at the highest levels of the United States Departments of Justice and Homeland Security.

May 12, 2008, was a day many will long remember. Hundreds of illegal workers – compliant and accepting – were charged, provided attorneys, and entered into the criminal justice system. Tireless agents, U.S. Attorney’s Office employees, defense attorneys, and court personnel worked around the clock to ensure defendants’ rights were protected and standards of human decency were met.

By May 22, 2008, 306 illegal workers had pled guilty to their immigration- or document-related offenses. The prosecution of the illegal workers was complete. The prosecution of those who preyed upon those workers had just begun.

Over the next 18 months, hundreds of witnesses were interviewed. An intensive investigation substantiated crimes known in May 2008 and revealed many more unknown crimes. Steadily, the case against Agriprocessors, Sholom Rubashkin, and others was built. At each step, a grand jury heard the evidence and returned indictments charging the crimes. Ultimately, nine lower level Agriprocessors managers and office employees pled guilty and were sentenced.

After an impartial trial jury heard the evidence and convicted Rubashkin on November 12, 2009, a concerted campaign emerged to paint prosecutors as racists, Nazis, and zealots. This office followed the law, stood silent in the face of vicious and false accusations, and worked to the conclusion of the case. Silence is no longer in order.

First, claims from people not involved in the May 2008 enforcement action about what supposedly occurred in Postville and Waterloo have been ill-informed and false. Agents were not clad in riot gear. There was no military operation. The single helicopter on the scene was equipped only for surveillance and to provide medical evacuation should there have been a need. During their short time at the National Cattle Congress grounds, the illegal workers were appropriately housed and fed meals catered by Hy-Vee. They had access to phones, televisions, and other recreational activities.

Their health needs were monitored and attended. Those who identified themselves as sole care givers of children were immediately released. A representative from the Guatemalan consulate inspected the grounds and found no shortcomings in how the workers were treated. The fact that some detractors have made false claims of prodding people down cattle chutes and other imagined abuses says more about those detractors’ personal agendas than it does about the real events in May 2008.

Second, the enforcement action was critical to the successful prosecution of Rubashkin and other management employees at Agriprocessors. These cases could not have been effectively prosecuted if the illegal workers had not been arrested and detained. Not one unarrested illegal worker ever came forward to assist law enforcement.

Third, Rubashkin absolutely personally profited from his crimes. The jury never found otherwise. Uncontroverted evidence at trial showed that, during just the two years immediately preceding May 2008, Rubashkin funneled about $1.5 million from Agriprocessors’ accounts to his personal bank accounts. Hundreds of thousands of those dollars paid his personal credit card bills, remodeled his home, paid his taxes, paid his personal mortgage, bought jewelry and silver, and made his car payments.

Fourth, claims Rubashkin’s religious beliefs led to his prosecution have no foundation. His faith had nothing to do with his crimes, prosecution, or punishment.

Finally, various interest groups and people evidently seeking personal notoriety have hijacked the true facts of this case for their own purposes. It is impossible to address the mountain of false information that has found its way into the public arena. But the jury found the truth – that Rubashkin knowingly employed illegal workers and committed a $26 million bank fraud. He is a common criminal who committed uncommon crimes.

Stephanie M. Rose

United States Attorney

Comments

[Ben Yomo]

Now that the Engels has been acquitted, why the silence?

[Shmarya]

Now that the Engels has been acquitted, why the silence?

I posted a piece about that early this morning:

http://failedmessiah.typepad.com/failed_messiahcom/2010/06/charges-dismissed-against-rabbi-234.html

[Cheskel]

""First, claims from people not involved in the May 2008 enforcement action about what supposedly occurred in Postville and Waterloo have been ill-informed and false. Agents were not clad in riot gear. There was no military operation. The single helicopter on the scene was equipped only for surveillance and to provide medical evacuation should there have been a need.""

It was reported by one of the major networks i think ABC news.

Same as you Shmarya claims that Nat Lewis lied is it possible that she lies too?

[Cheskel]

""First, claims from people not involved in the May 2008 enforcement action about what supposedly occurred in Postville and Waterloo have been ill-informed and false. Agents were not clad in riot gear. There was no military operation. The single helicopter on the scene was equipped only for surveillance and to provide medical evacuation should there have been a need.""

It was reported by one of the major networks i think ABC news.

Same as you Shmarya claims that Nat Lewis lied is it possible that she lies too?

[Shmarya]

It was reported by one of the major networks i think ABC news.

Same as you Shmarya claims that Nat Lewis lied is it possible that she lies too?

There were several reporters there that day. None of them, as far as I know, made the claims you endorse.

So, no, I very much doubt the US Attorney is lying.

[Saul]

Fabulous work all around. The DOJ, and you, Shmarya, should be proud. Proof that our system works.

[Forty Eighter]

Shmarya

Now that the Rubashkin mess is over and he will fade from peoples memories, what holy cause will you take on next? With all the crap that has happened in the ultra-orthodox world, nothing out you on the map like Rubashkin. The day after is gonna feel like one heck of a let-down.

You owe Rubashkin a major debt of gratitude. I think that you should at least send him a steaming hot kugel on each anniversary of his sentencing.

[Cheskel]

http://abcnews.go.com/Blotter/kosher-meat-plant-owner-wages-scenes-campaign-limit/story?id=10458624&page=2

"It began to unfold on May 12, 2008, with a massive immigration raid on Rubashkin's Agriprocessors Inc., then the nation's largest kosher slaughterhouse and meat packing plant. At the time, it was the largest single raid of a workplace in U.S. history. Using Blackhawk helicopters and armed agents in combat fatigues, authorities arrested 389 workers for lacking documentation"

[Cheskel]

Is she lying?

[Shmarya]

"It began to unfold on May 12, 2008, with a massive immigration raid on Rubashkin's Agriprocessors Inc., then the nation's largest kosher slaughterhouse and meat packing plant. At the time, it was the largest single raid of a workplace in U.S. history. Using Blackhawk helicopters and armed agents in combat fatigues, authorities arrested 389 workers for lacking documentation"

1. There was one helicopter.

2. Combat fatigues are not riot gear, and the ICE agents did not wear either. I saw plenty of pictures.

I think what we have hear is a piece done by someone who was not there, and who's language was – to say the least – imprecise.

But this we know for sure. Yated ne'eman lied. Lipschitz lied. Lewin lied. etc., etc., etc.

So did "Dr. Moe."

[Shmarya]

Is she lying?

No.

[Successful Messiah]

The release doesn't address the key issue - namely the severity of the sentence and the defense's claim that the prosecution was overly mean spirited by standards typcially used for similar crimes.

[Shmarya]

The release doesn't address the key issue - namely the severity of the sentence and the defense's claim that the prosecution was overly mean spirited by standards typcially used for similar crimes.

This isn't the official press release. That is posted in the post below this.

This is a letter to the editor / op-ed.

[Cheskel]

As per your saying: Moron,idiot.

OK so no riot gear. why then even mention combat fatigue or helicopter? obviously it wasn't the norm.

Bottom line, you are a liar when you say that you didn't want him to go to prison for 27 years. You cant say one good word about Rubashkin. Everyone lies when defending rubashkin. But when the prosecutor claims no riot gear you say its not the same as combat gear.

[Shmarya]

Cheskel –

Please.

1. Using a helicopter was NOT out of the ordinary for big immigration raids, but it was quite shocking to Postville residents who probably had never seen anything like it before.

2. I just heard Nathan Lewin, Rubashkin's lead lawyer for his appeal, say it was one helicopter.

3. Riot gear means helmets, shields, chest protectors, gloves and batons. ICE did NOT use any of these for the raid.

[Isa]

Hey Rubashkin trolls:... You really pissed the government off!

I hope some IRS agent gets a bunch of names dumped on his desk and told "these were 'randomly' selected check'em out"

G-d bless all the government agents and the Judge.

[Cheskel]

ABC could of said: the plant was raided,period. if they mentioned how then it does mean something. Comes Shamarya and defines what this or that word means.

Admit that you are a happy camper that Rubashkin who some on this blog claim that you had favors from him is going away for life. Oh, not life but 27 years( not riot gear but combat fatigue)

[Bill]

"His faith had nothing to do with his crimes." - U.S Attorney

His Haredi religion had everything to do with his crimes.

[critical_minyan]

the hardest thing that charedim will have to deal with today is the fact that all their protests, all their fundraising, all their attempts at political pressure were at best useless, and at worse counter-productive.
They are probably asking themselves, "This stupid hat, these stupid itchy rabbenu Tam underpants, this scraggly beard, Why am I wearing them? At the end of the day, this uniform is worthless. I'm as fucked as everyone else." The charedim are obsessed with political power, and with pushing elected officials to give them an unfair share of the pork. I can't tell you how many times I heard Satmar people brag to me how much juice they have in city hall. I got some bad news for you buddies. You got 1/10 of what you think you have. If you commit the crime, your Rabbi may not be able to stop you from serving the time.

[Shmarya]

ABC could of said: the plant was raided,period. if they mentioned how then it does mean something. Comes Shamarya and defines what this or that word means.

Again:

1. Using a helicopter was NOT out of the ordinary for big immigration raids, but it was quite shocking to Postville residents who probably had never seen anything like it before.

2. I just heard Nathan Lewin, Rubashkin's lead lawyer for his appeal, say it was one helicopter.

3. Riot gear means helmets, shields, chest protectors, gloves and batons. ICE did NOT use any of these for the raid.

So ABC was wrong. And so, quite obviously, are you.

[WoolSilkCotton]

Cheskel, I know you're trying your best, but your reading comprehesion skills and your vocabulary are at the 5th grade level. That is a simple fact.

You do not fully understand what grownups write in the newspaper or say on TV news.

You have never actually seen federal officers or agents. Combat fatigues are commonly worn whenever physical work needs to be done.

Get over it Cheskel. Your man lost. 27 years. So sorry.

[My own experience]

FWIW

I happened to be at a place where Federal agents came to make an arrest. They were wearing bulletproof vests and clothing which could be mistaken for combat gear. No helmets, though.

[effie]

A while ago, I read a letter or a blog by a local attorney. The court had in advanced contacted all these attys to make sure they were available to represent these people. They had a little orientation on how it was going to go, they had interpretors ready to help, all the forms they needed, etc. The goal was to make the arraignments go smoothly and quickly and allow anyone arrested to have an atty and interpretor to help them without waiting.

This atty still whined about it. Personally, I thought it was very smart to handle it this way.

[AGRI-vated Angel]

Thank you, Stephanie M. Rose, United States Attorney.

[Last laugh]

On appeal, Rubashkin will be completely exonerated and judge Reade will flee from town on her broom.

[sage]

On appeal, Judge Reade's sentence will be upheld and SMR will be given a dunce wizard's costume to wear in his cell.

[Shmarya]

On appeal, Rubashkin will be completely exonerated and judge Reade will flee from town on her broom.

A person cannot be "exonerated" on appeal.

In very rare cases, the appellant wins his appeal, which leads to a new trial.

[OMG]

Actually this appeal is a good thing, the longer it takes, more money and scrap gold, they will have to shnorr, as a consequence they will have less money on outreach, hallelujah.

[FirstGenerationBavarianAmerican]

Looks like the Des Moines Register is publishing this piece; it is up on their website. They already have 16 comments, including a dumb one advocating filing a grievance against the US Attorney for ethics violations supposedly committed in this article.

http://www.desmoinesregister.com/article/20100622/OPINION01/
306220007/1036/OPINION/Guest-column-
Setting-the-record-straight-on-the-Postville-prosecution

[WoolSilkCotton]

Soon they will pull the fillings out of their teeth to pay for Reb Sholom's appeals.

[Abracadabra]

On appeal, Rubashkin will be completely exonerated and judge Reade will flee from town on her broom.

After the appeal, Rubashkin's attorneys will be richer, Rubashkin's supporters will be poorer, Rubashkin will be more depressed because he believed all the propoganda and lies about himself and realized they were useless, and Judge Reade, well, she isn't fleeing anywhere for any reason.

But speaking of brooms - you might suggest to your Chareidi friends to start cleaning house now that the Feds are on to them.

[S.S.]

I don't understand this at all. Everyone with a brain agrees that he is guilty of his crimes. The issue is that his sentence of 27 is crazy. Doesn't anybody get that?

[Isa]

Remember that New York governor that got caught with a high class hooker... The Feds even wired his hotel room...

He pissed off someone in government

For those of you assholes that pissed the Feds off with Rubashkin lies, ho ho ho

That soda machine that you been skimming $2000 profit a month off of--you are toast!
Don't look in your rear view mirror-that is old school-the government will just attach a GPS device to your car. The more they find the further they can go.

[WoolSilkCotton]

++The issue is that his sentence of 27 is crazy++

What is crazy is that Rubashkin supporters insist he is totally innocent and must be set free. NO sentence will satisfy them.

They are incapable of understanding that their hero is a criminal.

[seymour]

++The issue is that his sentence of 27 is crazy++

What is crazy is that Rubashkin supporters insist he is totally innocent and must be set free. NO sentence will satisfy them.

They are incapable of understanding that their hero is a criminal.

Posted by: WoolSilkCotton | June 23, 2010 at 05:51 AM

what I do not get how many more rubashkins need to be convicted to change their minds, that this is not one big holy family.

Strange

[dh]

Hasn't anyone read Her Honor's Sentencing Memorandum? Bravo United States Attorney Rose and Judge Reade. Rubashkin has shamed Jews, but of the American Justice System, of that at least me can be proud.

It seems to me that Rubashkin, et. al. are using the same public relations firm as BP.

[ex-employee]

I was there the day of the raid. 1 helecopter that I could see and or hear. BTW the NG fly their helos over NE Iowa almost every weekend through the summer. Every ICE officer I saw was wearing a kevlar vest / ICE cap or jacket plainly IDing them. Most where armed with pistols, although I heard someone had seen a M-16 or 2. Which I don't find out of place considering how big a raid this was. Iowa state patol and local law was also on site to control traffic. The must obvious out of place items where all the buses to haul away the illegals.