Audio: Understanding The Rubashkin Sentence

Former Assistant US Attorney and current defense lawyer Avi Moskowitz explains Sholom Rubashkin's sentence on the Zev Brenner show.

Moskowitz essentially says the same things I've said about the sentence, including:

1. The judge followed the US Sentencing Guidelines.

2. There is no evidence of antisemitism in the sentence (or in the prosecution).

3. Rubashkin is not a hero – he is a criminal.

4. The sentence is too harsh. The judge could have used her personal discretion to lighten the sentence but she chose instead to follow the sentencing guidelines to the letter.

5. Rubashkin never admitted guilt and did not demonstrate remorse. That probably contributed to the judge's decision to no show leniency in sentencing.

Moskowitz makes the point the other white collar criminals have received similar sentences, and that Rubashkin is not being singled out.

Moskowitz appears to be unaware that Rubashkin turned down a 12 year plea deal, probably because rejected plea deals are not mentioned in the judge's sentencing memorandum.

There are a couple minutes of silence in the middle of this recording, and there is also a break for Dov Shurin's Israel news segment. Moskowitz continues his analysis after those interruptions.

Click on the gray bar immediately below to listen:

Avi Moskowitz Zev Brenner 6-26

Comments

[WoolSilkCotton]

Moskowitz is obviously a self-hating Jew, as is anyone who does not march lockstep with the Rubashkin Amen Chorus.

[WoolSilkCotton]

"The sentence is too harsh" would be true if SMR had acted contrite, showed remorse, admitted to at least some of his many illegal actions, voluntarily began restitution, etc.

For a remorseless recalcitrant in-your-face crook who seemingly took a crap on everyone he ever interacted with in Iowa, the sentence is, sadly, not too harsh.

When you've shown that you've learned nothing from the process, all that's left is to punish you in such a way that you will never, ever, act this way again towards civilized society.

Chasidic types, take note.

[effie]

The sentence is too harsh. The judge could have used her personal discretion to lighten the sentence but she chose instead to follow the sentencing guidelines to the letter.

The court did use her personal discretion in that under the guidelines and based on facts she clearly laid out, she had the discretion to impose an even higher sentence but did not.

I believe I read in the cases that even though a sentence may be considered harsh, if it is within the judge's discretion to give, it is not illegal.

[AGRI-vated Angel]

Many self-rightous individuals, throughout history, have mistakenly believed they were superior to others, using aboveboard tactics foolishly, to achieve their 'mission'.

This brings to mind, something my father always told me . . .

[Hitler used to rant on & on about how G_d was on his side. One day, while Hitler was hysterically 'proclaiming his rightousness', it dawned on my father -

Hitler might believe he has G_d on his side; but, I'd rather be on the side of G_d.]

Think about it. :)

[Bill]

Folks, I did some research at a very renowned yeshiva, and I uncovered the Haredi Sentenciing Guidlines!

Here they are in toto:

"1. Deduct 5 years from the Federal Sentencing Guidelines for every Haredi child that the Haredi convicted felon brought into this world.

1. Deduct 10 years from the Federal Sentencing Guidelines for every Haredi child with a mental disability that the Haredi convicted felon brought into this world.

Anything more is sinister, harsh and anti-Semetic."

[al Farabi]

As one insightful commentator on Jpost online pointed out: Forget about the child labour charges, forget about the multiple counts of fraud - remember, rubashkin was essentially running an animal torture house in Postville, and for that alone, he deserved a life sentence. This was a blatant violation of the Jewish commandment not to inflict suffering on animals, and was violated 10's of thousands of times on rubashkin's watch. As despicable, is that the consumers of that treif meat chose not only to turn a blind eye, as long as the cholent meat was on the table, but chose to compound those violations by trying to cover up and defend what he was doing there - there are multiple layers of violations of torah law here, and the more one digs, the more violations are revealed. And if the jewish authorities won't enforce the laws of the torah and punish the transgressors, you can be sure that their punishment will come anyway - that is if we believe that Hashem, and not some bearded, black-hatted, bigot is running the world.

[AGRI-vated Angel]

[1. Deduct 10 years from the Federal Sentencing Guidelines for every Haredi child with a mental disability that the Haredi convicted felon brought into this world.]

(or is that guideline #2?) Regardless, I would think the sentence would increase for anyone who persetrated crimes implementing no consideration regarding the impact 'getting caught' would have on the Haredi child with a mental disability.

? ? ? ? ?

[AGRI-vated Angel]

Oops . . .

(Persetrated should read perpetrated.)

[AGRI-vated Angel]

Oops . . .

(Persetrated should read perpetrated.)

[moshe]

think of Samet

[Tam]

He says what I've been saying for years, "that the sentencing guidelines in the US are extremely harsh". The Torah requires a thief to be a servant and work to pay back the amount stolen. To steal away the life of a thief by locking him up for life - aka 27 years - is cruel! Although of course, PETA will feel differently; namely, that cruel is only applicable to animals.

Jail is not a means for punishment mentioned in the Torah. The Talmud Sahnhedrin does discuss Jail for those alleged to have committed murder. Otherwise, a good harsh flogging - aka Makos (Mardos) - is the way to go. There is less crime in countries that practice flogging.

[WoolSilkCotton]

America is not run by Torah Law. No country has been run by Torah Law for 2000 years. No country wants to be run by Torah Law.

Religious Jews are going to have to get over that fact.

BTW, I don't see anyone in a hurry to relocate to countries that practice flogging. Maybe chasidic Jews would like to relocate to Botswana, Iran, Pakistan, Saudi Arabia or Sudan.

If Rubashkin's sentence is harsh, than maybe fewer religious Jews will commit crimes. What a concept.

[BT]

WSC--Yes, what a concept. I truly hope your are right.

[nachos]

The Torah requires a thief to be a servant and work to pay back the amount stolen.
Posted by: Tam | June 27, 2010 at 02:18 PM

If Rubashkin was truly Torah observant, then he would not be fighting restitution.

[yidandahalf]

I am in total agreement with al Faraibi. Also his using the autistic boy in the shameless manner that he did, sealed his fate.

[BT]

How could someone put not only himself in jeopardy but also his family? That's what I don't understand. There is no fear of getting caught. There is no fear at all of going to prison. And there is no fear of Hashem.

I just don't get it.

[Abracadabra]

Bill wrote:

Folks, I did some research at a very renowned yeshiva, and I uncovered the Haredi Sentencing Guidelines!

But Bill - you forgot a few!

3. Deduct 5 years from the Federal Sentencing Guidelines for every million dollars the Chareidi convicted felon has donated over his lifetime to all Chareidi non-profit organizations, including Tomchei Shabbos, Shuls, Schools, Mikvahs and neighborhood kosher grocery stores that are fraudulently listed as non-profit corporations.

4. Deduct 5 years from the Federal Sentencing Guidelines for every 10,000 Chareidim who sign an online petition demanding the Chareidi convicted felon's release.

5. Deduct 1 year from the Federal Sentencing Guidelines for every 10,000 Chareidim who show up to Tehillim Rallies to daven for a Chareidi convicted felon, declare his innocence, and make speeches implying that the whole case is motivated by Anti-Semitism.

6. Deduct 1 year from the Federal Sentencing Guidelines for every professional PR video that is produced to spread half-truths and lies trying to sway Chareidi public opinion. (Deduct an extra 6 months if the professional PR video was manufactured with the contributions of Tzedaka dollars donated to a non-profit organization as a donation for the defense fund of the Chareidi convicted felon.)

7. Deduct 2 years from the Federal Sentencing Guidelines if the Chareidi Convicted Felon refuses to cooperate with the Federal investigation or investigators.

8. Deduct 3 years from the Federal Sentencing Guidelines if more than 20 Chareidi Rabbis sign a declaration deeming the Chareidi convicted felon's case a matter of "Pidyon Shevuyim" - the mitzvah of Redeeming Captives - which comes before all mitzvos. This declaration should also request prayers, and funds to be donated for the purpose of "Pidyon Shevuyim" for the Chareidi convicted felon.

9. If more years are deducted from the Federal Sentencing Guidelines than were to be applied to the case of a Chareidi Convicted Felon, then the presiding judge should be disbarred and incarcerated as an example of what happens to judges who preside over the court cases of Chareidi convicted felons who have thousands of Chareidim available to proclaim their innocence (even if those Chareidim were voluntarily manipulated by propaganda, lies, paid professional Public Relations companies, and other PR media campaigns to be persuaded of the Chareidi convicted felon's innocence).

10. After all of the above, ADD 1 month of house arrest, and 1 month of probation to the Federal Sentencing Guidelines if "The Gedolei Hador" (3 or more) sign a declaration saying that the Chareidi convicted felon DID commit some Federal crimes, but deserves a light sentence because he was such a righteous man in the ways of the Torah, as understood by present day Rabbonim shlita, and such is the word of Hashem Yisborach and of eternal truth as it says: "_______________" (fill in with your favorite pasuk or ma'amar chazal).

In the zechus of the Achdus generated by all of us Chareidi from different subgroups uniting to agree on the above guidelines, and being Mikadesh Shem Shomayim by our Achdus, and in the zechus of all the mitzvos that we do – especially standing up for Kavod HaTorah and Kavod Benei Torah U’Mitzvos – may we be zoiyche zan to finally great Moshiach Tzidkeinu b'meheira b'yameinu Amein! (Lubavitch may substitute the end with "Yechi...")

[Abracadabra]

Bill wrote:

Folks, I did some research at a very renowned yeshiva, and I uncovered the Haredi Sentencing Guidelines!

But Bill - you forgot a few!

3. Deduct 5 years from the Federal Sentencing Guidelines for every million dollars the Chareidi convicted felon has donated over his lifetime to all Chareidi non-profit organizations, including Tomchei Shabbos, Shuls, Schools, Mikvahs and neighborhood kosher grocery stores that are fraudulently listed as non-profit corporations.

4. Deduct 5 years from the Federal Sentencing Guidelines for every 10,000 Chareidim who sign an online petition demanding the Chareidi convicted felon's release.

5. Deduct 1 year from the Federal Sentencing Guidelines for every 10,000 Chareidim who show up to Tehillim Rallies to daven for a Chareidi convicted felon, declare his innocence, and make speeches implying that the whole case is motivated by Anti-Semitism.

6. Deduct 1 year from the Federal Sentencing Guidelines for every professional PR video that is produced to spread half-truths and lies trying to sway Chareidi public opinion. (Deduct an extra 6 months if the professional PR video was manufactured with the contributions of Tzedaka dollars donated to a non-profit organization as a donation for the defense fund of the Chareidi convicted felon.)

7. Deduct 2 years from the Federal Sentencing Guidelines if the Chareidi Convicted Felon refuses to cooperate with the Federal investigation or investigators.

8. Deduct 3 years from the Federal Sentencing Guidelines if more than 20 Chareidi Rabbis sign a declaration deeming the Chareidi convicted felon's case a matter of "Pidyon Shevuyim" - the mitzvah of Redeeming Captives - which comes before all mitzvos. This declaration should also request prayers, and funds to be donated for the purpose of "Pidyon Shevuyim" for the Chareidi convicted felon.

9. If more years are deducted from the Federal Sentencing Guidelines than were to be applied to the case of a Chareidi Convicted Felon, then the presiding judge should be disbarred and incarcerated as an example of what happens to judges who preside over the court cases of Chareidi convicted felons who have thousands of Chareidim available to proclaim their innocence (even if those Chareidim were voluntarily manipulated by propaganda, lies, paid professional Public Relations companies, and other PR media campaigns to be persuaded of the Chareidi convicted felon's innocence).

10. After all of the above, ADD 1 month of house arrest, and 1 month of probation to the Federal Sentencing Guidelines if "The Gedolei Hador" (3 or more) sign a declaration saying that the Chareidi convicted felon DID commit some Federal crimes, but deserves a light sentence because he was such a righteous man in the ways of the Torah, as understood by present day Rabbonim shlita, and such is the word of Hashem Yisborach and of eternal truth as it says: "_______________" (fill in with your favorite pasuk or ma'amar chazal).

In the zechus of the Achdus generated by all of us Chareidi from different subgroups uniting to agree on the above guidelines, and being Mikadesh Shem Shomayim by our Achdus, and in the zechus of all the mitzvos that we do – especially standing up for Kavod HaTorah and Kavod Benei Torah U’Mitzvos – may we be zoiyche zan to finally great Moshiach Tzidkeinu b'meheira b'yameinu Amein! (Lubavitch may substitute the end with "Yechi...")

[Abracadabra]

typo: "to finally greet" (not "great")

[Dr. Moe]

Al Farati,

Rubashkin was never charged or convicted for your stated alligations on animal cruilty.

[Jake]

Avi Moskowitz is Orthodox. Uh oh!

He is a Zionist! Uh oh!

Hehas ahome in Israel ! Uh oh!

Can he be telling the truth?
Absolutly!

I imagine somebody may try to throw him out of Judasim.
I hope he doesn't go to his local Chabad.

I really do like the comment that the Judge did use her personal desretion and choose to punish SMR harshly.

People speak as if sheis a idiot and personal deescretion means to only make the sentence more lenient.If you want personal descretion to playa part in sentnecing you must accpet the risk that at times a judge , useing personal descretion may choose to issue a harsh sentnece.Don't bitch and moan.Either mandated Federal guidelines or give a judge their personal descretion.

BTW it was the defense that asked for a change of venure and thus subjected themsleves tothe possibility of being in her court room.

A friend had just the opposite experince of SMR in the Federal court system. Prosecutin asked for 20 years. He got 4 years.The prosecution asked for millions in fines. He has to pay $200,000. Nobody is complaining about the personal descretionary power of the judge.

That being said I would like to see a 10- 12 year reduction in sentnece.

[Bill]

abra,

of course! how could ever forget those!

here are a few more Haredi Sentencing Guidelines:

11. Deduct 15 years if "everyone else does it."

12. deduct 15 years if your daddy told you to do it.

[justice seeker]

Well I hate to mention it but Rubashkin was targeted for prosecution. Not because he was Jewish, rather because he is/was a key member of a notable crime family.

When the son of the mafia don goes down for a long stretch, only the criminals family cries.

As far a the sentence being to harsh...this week an African American was convicted of robbing two banks in Iowa. He used a note which threatened violance. The amount of money stolen was almost trivial. The sentence...20 years.

Rubashkin just did a slicker job of thievery.

[Dr. Moe]

Justice abuser,

No one else other then sholom rubashkin was charged ONLY. For financial fraud so basically what your saying is a total lie that his family was involved they were never ever charged nor convicted of any wrong doing.

[Dr. Moe]

Justice Abuser,

Rubashkin was no thief, he was paying back the bank every single penny till the day of the raid which till today there was no explanation for the raid nor any charges other then the minor workers which he was found to be NOT guilty.

[Shmarya]

Rubashkin was never charged or convicted for your stated alligations on animal cruilty.

The USDA found Agriprocessors violated Humane Slaughter law.

[Dr. Moe]

The USDA. Never fined nor charged.

[Shmarya]

The USDA. Never fined nor charged.

Please.

The USDA does not "charge," the US Attorney does.

However,
An internal report from the Agriculture Department has found that one of the nation's leading kosher slaughterhouses violated animal cruelty laws and that government inspectors not only failed to stop the inhumane practices but also took improper gifts of meat from plant managers.…

Conditions at the plant — AgriProcessors Inc. of Postville, Iowa — created a controversy in late 2004, when PETA released a videotape taken clandestinely inside. It showed that after steers were cut by a ritual slaughterer, other workers pulled out the animals' tracheas with a hook to speed bleeding. In the tape, animals were shown staggering around the killing pen with their windpipes dangling out, slamming their heads against walls and soundlessly trying to bellow. One animal took three minutes to stop moving.

The scenes caused a furor among Jewish organizations around the world. Some accused PETA of promoting anti-Semitic libels that kosher slaughter is torture. But others were angry with AgriProcessors for violating the spirit of religious laws requiring that animals be killed without suffering.

Soon after, the plant changed its practices under pressure from the Agriculture Department, the Orthodox Union kosher certification authority and Israel's chief rabbinate.

In September, the department told the plant that in light of those changes, "legal action will not be instituted at this time," but warned that future violations could lead to it.So process, Moe.

Agriprocessors violated Humane Slaughter Law and escaped legal action only because of the changes he made – and those changes were made becuase the USDA, the OU, the Rabbinute, and Jews across America forced Rubashkin to make those changes.

You say Rubashkin wasn't charged as if that somehow meant he did not violate the law.

But that is completely false.

[WoolSilkCotton]

Dr. Moe, are you considered legally retarded? Do you attend a special school? Were you born in the USA? Do you speak like you write? Have you ever been outside of Brooklyn?
I am just curious. Please let us know.

[Dr. Moe]

As I stated rubashkin was never fined nor charged by the DA thanks for helping us understand this shmarya :)

[Dr. Moe]

Woools,

Stay on the topic and stop running when your confronted with facts, only cowards do that.

[WoolSilkCotton]

Actually Moe, the topic is that there is something mentally wrong with you.
Please explain your answers to what I asked at 8:41.

[Dr. Moe]

Wools,

Due to protecting my wife and children from you, I'm afraid you will pull off another Martin Grossman (and then your family will ask chabad yo save your tush for the crime) or pull a son of sam on me or my wife and children I will not tell you if I have been or not been to Brooklyn if I have traveled to outside of the USA or not.

[justice seeker]

Moe: I am going to explain something in the simplist language. The fraud regarding the bogus receivables began as far back as 1998 according to Rubashkins accountants at his trial. When a company lies about the size of receivables to borrow money, they have to continue the lie next month and the month after and the month after that until they get a cash infusion to catch up, or they reach the top of their credit limit and go bankrupt. The loan advance and the repayment on a receivable line are tied to specific invoices. Since your kinsman never sold the meat to begin with, he had no basis for repayment. NOTHING TO COLLECT FROM CUSTOMERS TO REPAY INTEREST AND PRINCIPAL. All he could do was move money around to try and hide the theft and was struggle to meet interest payments by squeezing the illegals until the day came that he could not borrow anymore money and the house of cards falls down. THINK LOAN PONZI.

A significant value of Agriprocessors was those same receivables. Rubashkin got outed on his theft by the Bankruptcy Trustee who couldn't collect on the bogus sales. That also torpedoed the sale because no legimate buyer is going to dish out millions to buy bogus receivables.

The other fly in your ointment is that your repayment strategy required that the illegals continue working...ignore our laws for SMR. Or that other workers would replace them. Rubashkin tried that later strategy and it failed.

Finally "crime family" is a broader designation than just the Agri mess. If I remember correctly his brother did time in the pen for fraud, and then again for a hazardous chemicals charge. His namesake nephew did time for "perjury" (maybe lying goes with the name). Isn't the Brooklyn Bundler an in-law, and didn't another in-law have a molestation beef? There is probably more but that is all that comes to mind at the moment.

Last you presume that the banks would have lent the money had they known the truth. That is simply ridiculous, and the proof is your idol never gave them the chance to act on accurate financial representation He knew their answer would have been not just NO but HELL NO!.

Banks have "shareholders". Regular people who buy their stock for investments. Rubashkin stole from those people as clearly as the masked bandit that holds up a teller. Except he was slicker and got a hell of a lot more money.

I can accept that you are ignorant with regards to commercial banking. Since you have been educated, if you continue this argument I will have to conclude that you are either stupid or a Rubashkin, or both.

Best wishes for your continuing education,

Justice Seeker

[Abracadabra]

Dr. Moe -

Legal action was not taken against Rubashkin for his legal violations ONLY because of changes he made due to immense pressure by multiple Jewish institutions which proved to be his main customer base.

The law had pity on Rubashkin then and showed him leniency, and look where it got them!!

[Abracadabra]

Justice Seeker -

Thank you for explaining that whole scenario in simple and understandable terms.

A lot of people keep saying "He just inflated the receivables a little, what's the big deal?"

Well, you explained it very well.

It indeed is very similar to a LOAN PONZI SCHEME and when the money runs out, there is nothing left to back it up.

Do I have your permission to post what you wrote on Chareidi websites which have people trying to defend what Rubashkin did? If so, do you want me to quote you by name?

Thanks again for the clear explanation!

[Dr Moe]

Justice Abuser,

Just becuase you you posted your own opinion does not mean this truth and facts, infact from what we have read in court documents the fake receivable invoices started in the mid two thousands, Also what does Sholom Brother crime haver to do with Sholom? what dioes Wiess crime Sholom son inlaw have to do with Sholom or Moishe, that is called guilt by association, also the money was being paid back by the profit from selling meat and chickens, this would be the samething when a home owner lies to a bank howmuch he\she earns but realy he or she earns from different source and they pay back the banks.

Also the Bank has laws they are allowed to barrow ex amount of Money and in order for Sholom to get more money he would have needed to make fake receivable and the bank knew and was happy to make a profit via the interest.

Also just because peta posted a video does not mean there is truth to this and I would have to examine what canges were made I don't trust anything your gang posts unlesss it is from a valid website or a reliable source, and look what came out he was found not guilty on everything that PETA started except for the finances which for some reason the judge Reade did not allow certain evidence in the trial but that is another topic.

[Shmarya]

Let me translate Dr. Moe's rambling into English for you.

He means the facts are against him so he has chosen – again – to ignore the facts.

[itchiemayer]

Actually, 20 years from now he will care that it is 27 years and not 20!