Rubashkin Refers To Actions Of Court And Prosecution As "Wickedness"

The former Agriprocessors vice president remained calm during his sentencing Tuesday in U.S. District Court but he did express his disdain by telling friends in the gallery that the hearing would “show the wickedness of these people.”

Rubashkin refers to actions of court, prosecution as wickedness

Trish Mehaffey • EasternIowaNewsNow.com

Sholom Rubashkin has moved on, his attorney said, and is focused on his appeal after being sentenced Tuesday to 27 years in prison.

“He’s calm and at peace,” Rubashkin’s attorney Guy Cook said after the sentencing. “He knows this is one stop on a long road. He’s a very optimistic man.”

Leah Rubashkin said it was the support of friends and family that “has really been the oxygen that has kept us going.”

The former Agriprocessors vice president remained calm during his sentencing Tuesday in U.S. District Court but he did express his disdain by telling friends in the gallery that the hearing would “show the wickedness of these people.”

The prosecution in its press conference barely mentioned the possibility of an appeal. They wanted to clear up “misinformation” given by the defense for two years and lay out the facts of the case.

Assistant U.S. Attorney Bob Teig said this case was pursued because it had so many aggravating factors – a sophisticated fraud scheme, hundreds of illegal workers, money laundering, “cooked company books,” more than $26 million loss to victims and substantial personal gain to Rubashkin.

Rubashkin, 50, of Postville, was convicted by a jury in November of 86 federal counts of bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges stem from the May 2008 immigration raid at the Agriprocessors meatpacking plant in Postville where more than 400 illegal workers were arrested.

Cook said the grounds for appeal will focus on the charges, how the case was tried and the excessive sentencing.

“That livestock charge has never been brought against anyone in the 88 years it’s been in law,” Cook said. “No one has ever been charged criminally with it. I think because it’s defective.”

He also said the fraud charges shouldn’t have never been separated out as bank, wire and mail fraud because they all the same charge, accusing the same conduct.

Cook said the way the case was handled is another grounds for appeal. Reade separated the cases, financial from immigration to not unduly influence the other but the prosecution used the immigration charges as evidence in proving their financial case, he said.

“We moved for a mistrial – it poisoned the case – but she denied it,” Cook said.

Cook said the fact that Rubashkin received a life sentence, an “unfair and unjust” sentence, is also a grounds for appeal.

Teig said it’s not a life sentence. Rubashkin earned it and that’s not an easy feat with white collar cases. This case was pursued because it had so many aggravating factors, he said.

“The investigation didn’t end after the raid,” Teig said. “For 18 months, every time we turned over a rock we found a new crime.”

Over two years money was being fraudulently obtained from a bank and Rubashkin funneled about $1.5 million from Agriprocessors’ accounts to his personal bank accounts, Teig said. He used the money to pay $300,000 on credit cards, $200,000 to remodel his home, $76,000 for his personal state and federal income tax, $41,000 for his home mortgage payments, $25,000 for jewelry, $20,000 for sterling silver, $1,245 a month for personal life insurance and $365 a month for a car payment.

“It was a sophisticated fraud scheme that started in the 1990s and went through 2008,” Teig said. “He was told in advance by Social Security officials, Immigration Customs and Enforcement and his employees of the illegal aliens at the plant, and he needed to stop (hiring them). He didn’t. He paid for illegal documents for workers just days before the immigration raid. He destroyed evidence.”

Weysan Dun, of the FBI, said this case sends a message to employers about the agency’s commitment to white collar crime.

“People say there are no victims in these kinds of crimes but they are far from victimless,” Dun said. “There might not be any crime scene tape or no body on the floor but there were victims.”

Dun said the sentence is appropriate for this crime. As a result of Rubashkin’s actions, Agriprocessors went into bankruptcy.

“It brought an entire community to its knees,” Dun said. “For those who have said its (the prosecution) about something else, it’s about the crime, the fraud, the disruption of the lives of workers and economic loss to a community and company.”

Teig said Rubashkin isn’t the victim.

“There’s been a lost of misinformation out there to feed the money machine,” Teig said.

Initial Post

Former Agriprocessors vice president Sholom Rubashkin remained calm during his sentencing today in U.S. District Court but before the judge came in he said this hearing will “show the wickedness of these people.”

Rubashkin, 50, of Postville, sentenced to 27 years in federal prison for bank fraud and other charges, waved at two rows of friends and family in the courtroom as he came in wearing an orange jail jumpsuit with his hands cuffed and arms chained.

“Why is she crying?” Rubashkin asked someone in the gallery. “You should be crying? They should be crying for what they are doing.”

A few minutes later, a woman in the gallery said loud enough for the U.S. Marshals who were sitting near Rubashkin to hear – “She’s competing with Dracula.”

No other outbursts were  heard during the sentencing.

Rubashkin’s wife Leah and her children were quiet during the hearing.

Chief Judge Linda Reade didn’t make any statements during the hearing beyond going over the details of the sentencing.

As in her order filed Monday, Reade ordered Rubashkin to pay more than $26 million in restitution to two banks and one livestock supplier who are identified as victims in the bank fraud case. She said restitution is due immediately and if it’s not paid Rubashkin would have to pay it in monthly increments while in prison.

No additional fine was imposed but a special assessment fee was ordered for $8,600, which was paid in full by Rubashkin June 17.

Guy Cook, Rubashkin’s attorney, requested that Reade grant bail for Rubashkin pending his appeal but  the government objected to it and Reade denied the request.

However, Reade did say she would make a general request to the Bureau of Prisons to have Rubashkin transferred to  a prison that would “best accommodate his religion.”

Cook had asked that Reade request a prison in Otisville N.Y. or Fort Dix, New Jersey. Both prisons could accommodate his religious requirements.

Rubashkin, 50, of Postville, was convicted by a jury in November of 86 federal counts of bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges stem from the May 2008 immigration raid at the Agriprocessors meatpacking plant in Postville where more than 400 illegal workers were arrested.

[Hat Tip: Yankel.]

Comments

[FirstGenerationBavarianAmerican]

"“There’s been a lot [edit by FGBA] of misinformation out there to feed the money machine,” Teig said."

How could Teig know this if he wasn't reading the muckraking sites?

[danny]

shmaya if thats your real name, you probably wont even post this like my other comment. youre still a behind the computer chicken who wont have the guts to show your identity. look it up buddy those kind of creeps usaully die young although im not wishing that on you because your a yidish neshama.why dont you do a report on your life history, your life, what made you like this anyway be well hope you listen to me please

[sage]

+++ Former Agriprocessors vice president Sholom Rubashkin remained calm during his sentencing today in U.S. District Court but before the judge came in he said this hearing will “show the wickedness of these people.” +++

This effectively proves, that the probability of SMR ever repenting and doing true teshuvah for his crimes, is essentially "zero".

And worse yet, it will influence his children to continue in the criminal legacy of the RCF.

[Shmarya]

shmaya if thats your real name, you probably wont even post this like my other comment. youre still a behind the computer chicken who wont have the guts to show your identity. look it up buddy those kind of creeps usaully die young although im not wishing that on you because your a yidish neshama.why dont you do a report on your life history, your life, what made you like this anyway be well hope you listen to me please

Yes, that is my real name. I'm a fairly well known public figure. And I have not censored any of your comments. And my story is also well-known. See here:

http://failedmessiah.typepad.com/failed_messiahcom/about-me.html

[Dr Moe]

This sentence from Justice Linda Reade is just one big clown circus that must be tackled by the legal system, this is a huge ugly disgusting Stain in the American Justice system that has to be fixed.

Interesting only 8 people on this blog agree with Justice Reade versus 6 former US Attorney Generals plus thousands of people.

Also Sholom has his diginty he was never ever found guilty of what Morris Allen and co wantsed him to be Guilty of:

Sholom Was never Guilty of Inhuman Animals Treatment.

Sholom Was never Guilty of Running Illegal drug factory in his plant

Sholom Was never Guilty harboring minors in his plant.

Sholom Was never Guilty of printing fake money in his plat

Sholom Was never Guilty of molestation of any minors unlike the DA star witness.

Sholom Was never Guilty if Inhuman Animals Treatment.

Judges are NOT perfect, judges do make mistakes on their verdicts sometimes and even sometimes end up in prison also.

[Ma Rabbi]

To the fool who calls himself "sage"
You are the one who needs to do Teshuvah. You and WSK and Bill and the other Jewish haters on this blog. You feel no compassion whatsoever for a Jewish father of 10 children. You should be ashamed of yourselves if you even have a sense of shame

[WoolSilkCotton]

Dr. Moe, welcome back! Did you hear, Moe, Reb Sholom got 27 years! You must be sad.

MA Rabbi, you are another good reason to hate the Red Sox!

[Shmarya]

Sholom Was never Guilty of Inhuman Animals Treatment.

False.

Sholom Was never Guilty harboring minors in his plant.

Essentially false. His defense in the State child labor trial did not contest the fact that dozens of children worked in Agriprocessors.

Sholom Was never Guilty of molestation of any minors unlike the DA star witness.

Sholom was never accused of this, only several of his supervisors were so accused.

The state wants to try them but 2 of them fled federal indictments and are hiding in Israel. One of them had his flight paid for by Rubashkin, and Rubashkin told him to flee.

[Dr Moe]

Sholom Was never Guilty of Inhuman Animals Treatment.

Your not and idiot your a nutcase!

Essentially false. His defense in the State child labor trial did not contest the fact that dozens of children worked in Agriprocessors.

DUH!!! of course there were minors but Sholom did not know they were Minors as per the Jury.

Sholom was never accused of this, only several of his supervisors were so accused.

The state wants to try them but 2 of them fled federal indictments and are hiding in Israel. One of them had his flight paid for by Rubashkin, and Rubashkin told him to flee.

There was never a legal complaint by the DA that they molsted Minors and if you claim there is one post the PDF link here.

I am proud to see Sholom get 27 years in prison then even one day in prison for being guilty of harboring Minors and Sholom would agree to this.

[sage]

+++ As in her order filed Monday, Reade ordered Rubashkin to pay more than $26 million in restitution to two banks and one livestock supplier who are identified as victims in the bank fraud case. She said restitution is due immediately and if it’s not paid Rubashkin would have to pay it in monthly increments while in prison.+++

This is an interesting twist of affairs.

Apparently, SMR can't or won't come up with paying the full restitution owed.

Then while he's in prison, how or who in the hell will be able to make sufficient monthly payments to pay off $26 million in 27 years. That's almost $1 million a year without accrued interest.

Anyone have anything to add or other ideas?

[Shmarya]

DUH!!! of course there were minors but Sholom did not know they were Minors as per the Jury.

Agriprocessors pleaded guilty.

And you again confuse the jury's decision with the totality of the evidence they were not allowed to see.

Sholom Was never Guilty of Inhuman Animals Treatment.

Your not and idiot your a nutcase!

Agriprocessors was cited by the USDA for inhumane slaughter.

There was never a legal complaint by the DA that they molsted Minors and if you claim there is one post the PDF link here.

Try reading my comment again.

I said the state WANTS to indict the molesters, but the key molester is hiding in Israel with the help of Rubashkin.

I am proud to see Sholom get 27 years in prison then even one day in prison for being guilty of harboring Minors and Sholom would agree to this.

He'd never agree to it.

And I wouldn't be too surprised to see those charges reinstated and Sholom tried.

The worse you and your friends behave, the worse it gets for Sholom Rubashkin.

[Shmarya]

Apparently, SMR can't or won't come up with paying the full restitution owed.

Then while he's in prison, how or who in the hell will be able to make sufficient monthly payments to pay off $26 million in 27 years. That's almost $1 million a year without accrued interest.

Anyone have anything to add or other ideas?
I think that ruling allows the government to search out and seize his assets.

[Dr Moe]

Dr. Moe, welcome back! Did you hear, Moe, Reb Sholom got 27 years! You must be sad.

27 years in prison is better then 1 day in prison for being accused of harboring minors :)

[WoolSilkCotton]

Well then, Moe, Reb Sholom got the better deal, and you got your wish, only 27 years in prison.

[AGRI-vated Angel]

Twenty-seven years is nothing by comparison to what Sholom will face if he does not admit to his wrongdoing(s), express TRUE remorse/ask forgiveness & do contrition.

[i'm from missouri]

To all of those who feel a terrible injustice to humanity has been perpetrated by the American Justice system. Do you at least recognize SMR is guilty of a crime ?

[i'm from missouri]

Did SMR get a chance to say anything immediately before sentencing?

[Dr Moe]

Twenty-seven years is nothing by comparison to what Sholom will face if he does not admit to his wrongdoing(s),

6 former US Attorney Generals disagree with you, only Kim ill Sung of North Korea and pol Pot and the 7 others of your gang on this blog agree with you.

And do not worry it looks like this 27 year sentence is being made into a circus, time will tell..

[itchiemayer]

Greetings my fellow Show-Me Stater!

[itchiemayer]

I highly doubt that the 6 former Attorney Generals were familiar enough with the complexities of this case to render an accurate opinion. Additionally, they have not, to my knowledge, commented on the sentence and the Judge's memorandum. SMR did not get a life sentence. A long one for sure, but not life.

[i'm from missouri]

Dear Dr. Moe:

Are you really serious about your absurd posts or are you a fictitious character created for the sole purpose of keeping this blog discussion alive.

[IATroutfisher]

Dear Dr. Moe,

Forget it....why even bother?

[Dr Moe]

I highly doubt that the 6 former Attorney Generals were familiar enough with the complexities of this case to render an accurate opinion. Additionally, they have not, to my knowledge, commented on the sentence and the Judge's memorandum. SMR did not get a life sentence. A long one for sure, but not life.

6 Former US Attorney General have more of an Incite to this case then the DA and they did not mean 27 years, people who commit worse crimes then Rubashkin and are found guilty get 2 years not 27.

Only someone like Pol Pot or Kim ill Sung of North Korea would agree to such an unfair sentence, this is a very sad day for the American Justice system and Sholom is right the DA should be crying not someone in the court room.

[Dr. Dave]

and $365 a month for a car payment.

Oh c'mon. A company car or car allowance is pretty standard in most corporations (so long as it is properly taxed).

[al Farabi]

Like all frummers, rubashkin and his chabad cronies always want things both ways - when he wasn't convicted for the child labour charges, then it was a fair justice system. Now that he has been convicted, all of a sudden, there is a flaw in the great American legal system? They (the haredim, including chabad)bring shame to the jewish nation and our proud values - Dina de malchuta dina! End of story!

[Dr Moe]

They (the haredim, including chabad)bring shame to the jewish nation and our proud values - Dina de malchuta dina! End of story!

Add 6 former US Attorney Generals to your list.

[al Farabi]

I'm not questioning the unbelievable influence that the haredi world have and their ability to rally anyone to support their causes. No one has ever doubted that. These AGs are human and vulnerable to the considerable influence and powers of persuasion that the haredi world has. It is this ability to extort money out of people under false pretences that allows them to keep going without being gainfully employed, for example. Did those 6 AGs also protest when he was found not guilty of the child labour charges? My guess is probably not....

[yidandahalf]

Where would the money come from to make incretmental payments owed to the livestock supplier?
Why should a person's religion be a factor in determining where they do their time? The consideration of religion is unacceptable. What religion condones the crimes Rubash-in was convicted and sentenced for? None; therefore it should not enter into consideration for a 'penal servitude locale'.

[Bill]

"Reb Shalom got 27 years" - Wool

Woolsey,

it's "Rabbi Rubashkin."

He is an ordained rabbi as per his wife's testimony.

[WoolSilkCotton]

So sorry, no disrespect meant for Rabbi Rubashkin.

He can even take additional coursework at the Otisville Yeshiva to further his vast Torah knowledge.

The new semester there is starting in a few days.

[yidandahalf]

THIS JUST IN:
White supremecist and Guatemalan said to be fighting to be the first at Sham Wow's boogie as we speak.

[itchiemayer]

Regarding Lubavitch smicha - the Lubavitch system hands out smicha like beggers hold out their hands.

[WoolSilkCotton]

Itchie, there's a Lubavitcher 'rabbi' in NJ who can't read Talmud or Shulchan Orach or its commentary in the original. He needed to give up and reach for the English version when a discussion arose.
Fortunately, he's not the official shaliach at his location, just an 'assistant', but he does have the official title of 'rabbi'.

I really felt bad for him, but I had to wonder about the whole thing, just as you said.

[Sam]

"it's "Rabbi Rubashkin.He is an ordained rabbi as per his wife's testimony."

Is she the one who gave him s'micha?

[justice seeker]

No No he got his s'micha from Jusdge Reade...Its ROB_YAH Rubashkin...not Rabbi.

[Dovy]

WoolSilkCotton: Is he in Passaic?

[Cheskel]

Rubashkin haters, Its not a chabad issue it happens to be that he is chabad.
The whole campaign was spearheaded by people who in general disagree with chabad almost on every issue.In fact many say why dont we hear from chabad as much as we hear from the entire orthodox community.

You are just to jealous that there is unity among Orthodox Jews when a brother is in trouble. In the secular world there is no feeling from one to another.

[WoolSilkCotton]

Cheskel, when the Rebbe was alive, there was NEVER such support for religious criminals.
The Rebbe NEVER gave unconditional support to religious criminals.

What we are witnessing with Rubashkin and with Grossman is an injustice to, and a desecration of, the memory of the Rebbe.

You are simply too young to know any better.

[WoolSilkCotton]

Dovy- Middlesex County. I don't want to potentially embarrass him with anything more specific that would identify the location.

[Cheskel]

Wsc, read again what i wrote.

[itchiemayer]

Cheskel - You are incorrect when you say there is no feeling from one to another in the secular world - What about the country banding together after 09/11? I agree that the secular world does not have Torah and so in theory the Torah world should be on a higher madreiga. Sadly, we are not at this time. In any event, we shouldn't disparage the secular world. We need to set the example by lifting our world up, not tearing their world down.