Rubashkin Appeals Conviction And Sentence

Attorneys for a former vice president of an Iowa kosher meatpacking plant have appealed his conviction and sentence on financial fraud charges.

Lawyers for Rubashkin file appeal

DES MOINES, Iowa (AP) - Attorneys for a former vice president of an Iowa kosher meatpacking plant have appealed his conviction and sentence on financial fraud charges.

Attorneys for Sholom Rubashkin filed their appeal Friday with the U.S. 8th Circuit Court of Appeals in St. Louis.

Rubashkin was found guilty last fall on 86 federal financial fraud charges. He was sentenced last month to 27 years in prison and ordered to pay $27 million in restitution.

His attorney, Guy Cook, says evidence not related to the charges was allowed at trial and that the sentence is unjust and amounts to a life sentence for the 51-year-old Rubashkin.

Rubashkin was indicted following a 2008 raid at the Agriprocessors Inc. plant in Postville where 389 illegal immigrants were detained.

UPDATE 6 pm CDT – Here is a longer version of the above article:

Ex-slaughterhouse exec appeals fraud conviction
By MICHAEL J. CRUMB • AP

DES MOINES, Iowa -- Attorneys on Friday appealed the conviction of a former Iowa kosher meatpacking plant executive accused of bank fraud, saying the judge wrongly allowed jurors to hear evidence about a massive immigration raid at the plant and the 27-year prison sentence was unjust.

An appeal for Sholom Rubashkin, who also was ordered to pay $27 million in restitution, was filed with the 8th U.S. Circuit Court of Appeals in St. Louis.

The former Agriprocessors Inc. vice president was sentenced June 22 following his conviction last fall on 86 federal financial fraud charges. Prosecutors said he intentionally deceived the company's lender and told employees to create fake invoices that showed inflated profits.

His attorney, Guy Cook, said U.S. District Court Judge Linda Reade should not have allowed evidence about the raid and the sentence she imposed amounts to a life sentence for the 51-year-old Rubashkin.

"We believe flagrant errors in the prosecution and trial as well as the unjust sentence requires a reversal," Cook said.

Rubashkin also was indicted on dozens of immigration-related charges after 389 suspected illegal immigrants were detained during a raid of the Postville plant in May 2008. The judge eventually dismissed those charges [after the convictions of fraud charges and at the request of the government – which reserved its right to reinstate the charges at any time], and a separate jury acquitted Rubashkin of state child labor charges weeks before he was sentenced on the federal charges.

Cook said evidence about the raid and immigration charges was improperly allowed at the bank fraud trial. Cook also said he would be challenging other issues, including a lack of evidence to support the bank fraud charges and to show Rubashkin had intent to profit from the alleged scheme.

The appeal wasn't unexpected, U.S. attorney spokesman Bob Teig said Friday.

Teig declined further comment, but said last week after Rubashkin was sentenced that the prison term was justified and information about illegal immigrants working at the plant was an integral part of the fraud investigation.

Cook said Rubashkin remains in custody at the Linn County jail in Cedar Rapids, where he awaits assignment to a federal prison.

Cook asked during sentencing that Rubashkin be transferred to a facility near New York or in New Jersey to be closer to family. The attorney said those prisons are better prepared to handle Orthodox Jewish customs and practices. It was unclear whether the transfer request would be granted.

Comments

[sage]

This and all other succeeding appeals will go where all of the other past ones have gone, nowhere.

[Robert Wisler]

Can a judge refuse to hear an appeal (based on possible merits of the appeal filing) or does the case always go to trial no matter what?

[reb chaim]

What irks most people about this case is that a hasid should try to stand out from the crowd. By his garb his speeech and his conduct, he is saying to us: "You should hold me to a higher standard than an ordinary person". After all, I am trying to live a life that is really a kiddush hashem in all its aspects. Unfortunately, in this case, it turns out that the life Rubashkin led was much closer to a chilul hashem. Not only did he break many different American laws, he also violated halacha in his dealings with others. For this conduct, he brought shame upon the Jewish people, and so he richly deserves the punishment that he received.

[Norm]

The Appellant will file a brief. Then the Aplellee files (government). Then the Appellant filesa reply. Usually that ends the paperwork and the Court legal staff then reviews the briefs.

If they determine that its totoaly without merit they recomend to the Court that a pur curiam or unsigned short opinion be written dismissing the appeal. Otherwise its assigned to a three judge "panel" who will here oral argument. Eachj of the judges has two or three very smart young lawyers who will pick over the brifs with a fien tooth comb and do their own research. The panel then issues an opinion.

The loser can argue that the ruling is contrary to an establsihed decision of the circuit (here the eighth)and if so then the Court en banc may rehear the case.

From there the loser can petition the Supreme Court to hear the case. The loser has about 90 days to file such a petiion. In general, the Supreme Court will only hear a case there it can be shown that the ruling of the various circuit courts conflict or there is an important issue of federal law.

In short:

There will almost certainly be oral argument before a 3 judgment panel-a good guess is that it would occur in January or February with a ruling about a year from now.

It is very hard to get the entire court to rehear a case and those applications are ruled on quickly.

Thus assuming a ruling adverse to Rubashkin in June of 2011 and an applcation to rehear enbanc. If deneid the next step is a petition for cert-about 1% of these are granted-But it has to be a good issue the court wants to decide-not merely that the prosecutors were antisemites.

If I were betting.

1. Oral arguuement granted before eighth circuit
2. Appeal fails (Not based on any specific knowledge of the record but basically because the first rule of appllate law is to be the appellee not the appellant-but although I'd bet on the Appellee I would not be shocked if there were a reversal on one of the many issues Rubashkins fine team will presuambly raise.

3. Again odds against a rehearing or petition for cert.

4. One can assume that a petition for cert would be filed sometime next sumer if there is a loss by Rubashkin with a rulign on whther they take the case by sometime right about October 2011. If the Court took the case it woudl be argued in all liklihood in Janauary 2012. If cert is denied the case is over except for what a potential request for relief because of inadequate representation (these are filed all the time agaisnt good and bad counsel.)

If Rubashkin wins at any stage the time period is extended. Its also likly that if he wins there would be a retrial as opposed to a dismissal.

Again I'm not saying I know how the case will come ut jsut how these things normally go.

The above is based on what generally happens and not necessairly what happeend at trial here.

[Robert Wisler]

Thank you for the description of the appeals process Norm. It looks like it's a long slow road to the appeal and that Mr. Rubashkin will not see freedom or parole in the forseeable future.

[estee]

i hope rubashkin won't win the appeal .

the best part of his june 22 sentencing is the ' no parole '.

[ibri]

i hope rubashkin won't win the appeal .

the best part of his june 22nd sentencing is the ' no parole ' .

[IATroutFisher]

Let him go ahead and file. The BOP Inmate Finder has him listed "in transit".

[Devorah]

What do you think the cost is for all of this? I assume his group will be paying for everything?

[harold]

The Appellant will file a brief.
...
...
...
The above is based on what generally happens and not necessairly what happeend at trial here.

Wow, looks like we are in for extra innings.

[harold]

Maybe Rubashkins got off easy!

My Google News Alert on Linda Reade picked up this nugget.

Woman pleads guilty to Medicaid fraud

Associated Press - July 2, 2010 12:44 PM ET

CEDAR RAPIDS, Iowa (AP) - A Waterloo woman has pleaded guilty to federal charges that she submitted more than $43,000 in fraudulent Medicaid claims.

Jo Ann Scott pleaded guilty Friday to one count of health care fraud and a count of mail fraud.

In the plea agreement, the 48-year-old Scott admitted that between October 2004 and January 2009 she submitted false claims to the federal Medicaid program.

Scott submitted the claims using the name and provider number of another person. According to prosecutors, she had the payments directed to addresses under her control.

U.S. District Judge Linda Reade has not set a sentencing date, and Scott remains free on bond.

Scott faces a maximum sentence of 30 years in prison and a $500,000 fine.

Wow, $43,000 in fraudulent Medicaid claims and pleading guilty to one count of health care fraud and one count of mail fraud could lead to 30 years in prison and a half a million dollars in fines! It will be interesting to see what Linda Reade comes up with. I am surprised that with a 30 year jail sentence over Jo Ann Scott’s head why didn’t they consider her a flight risk and set her free on bond.

http://www.action3news.com/Global/story.asp?S=12748105

[Norm]

Whether you are pro-or con(no pun intended) Rubashkin, we have a system and it generaly works well. While people might Monday morning quarterback what his defense team did at trial (I don't know) I'm certain the briefs they file will be of the highest quality and will seek out all potential errors.

Sometime at the end of enxt year we should know where this will end unless its send back for another trial in which case there would be more delay.

[state of disgust]

"...why didn’t they consider her a flight risk and set her free on bond."

Because she didn't aid and abet others in fleeing the country.

Come on Harold, is this the best you can do?

[Hometown Postville]

Good one state of disgust!

[WoolSilkCotton]

So now small harold is stalking Judge Reade. Very nice, harold. You should be proud of yourself, a self-loving Jew.

[effie]

If she pled guilty, she probably has some idea what her sentence will be and it's not even close to 30 years. Plus, I doubt she has dual citizenship.

[Hometown Postville]

So any guesses as to how much SMR now owes in attorney fees and fines? Leah and the kids are still in their house, nice vehicles sitting in the driveway(at least the last time I passed by there) and apparently everyone continues to be fed and clothed, no disconnections etc... Just how do they do it? Must be magic!

[WoolSilkCotton]

HP, the magic is thanks to the folks at one of the banks of Switzerland.

I'll guess his total legal bills are in the $500,000-700,000 range. I'm sure the attorneys are paid on time and in full each month.

[state of disgust]

" Plus, I doubt she has dual citizenship. "

Neither did Rubashkin.
Had he gotten to Israel he could have asked for and started the process but it isn't as automatic as it has been portrayed.

[harold]

Leah and the kids are still in their house, nice vehicles sitting in the driveway(at least the last time I passed by there) and apparently everyone continues to be fed and clothed

Its a shame, she and her family should be on the street homeless and hungry, anything more would not be justice. Someone should inform Linda Reade to see if there is anything that can be done to right this wrong. Maybe his entire family should also get 27 years of jail time.

[WoolSilkCotton]

Filthy Leah deserves to be on the streets homeless, and Getzel the Criminal belongs in jail. Within the next 6 months, he probably will be.

[gavri]

harold,

those rubashkin have millions .
no financial difficulty will affect them .

they will still live a life of luxury for the next 27 years .

[sage]

+++Maybe his entire family should also get 27 years of jail time.

Posted by: harold | July 03, 2010 at 09:46 PM+++

Finally from Harold, words containing truth.

Aron Rubashleone, Heshy, Getzel and any others RCF criminals need to be put away.

The rest are innocent and deserve no time.

[state of disgust]

During interviews I conducted no evidence surfaced that would link Leah or Getzel to any of Agriprocessors crimes. The same cannot be said of Aaron, Heshy, Chiam Abrahams, or others.
Getzel, Aaron Goldsmith and others are guilty of trying to justify the indefensible and morally repugnant actions of the leaders of this criminal enterprise, but such behavior is not a crime.

[nachos]

Finally from Harold, words containing truth.

Aron Rubashleone, Heshy, Getzel and any others RCF criminals need to be put away.

The rest are innocent and deserve no time.

Posted by: sage | July 04, 2010 at 08:16 AM
Sage:

I am curious, what exactly did Getzel do? He defended his father. That is not a crime. What crimminal thing did Getzel do? If you have some specific information, then you need to share it

[WoolSilkCotton]

Look back about 18 months ago here on FM, when Getzel was posting his lies, distortions, and excuses for the family's criminal actions. Listen to Leah's speeches at fundraisers on behalf of Rubashkin Criminal Enterprises.

Perhaps it's technically not a crime to lie on behalf of your family's criminal activities, at least not in court.

It's only a matter of time before Getzel ends up in jail for his own activities, whatever those may be. After all, it's in the family genes.

[former charedi]

Perhaps it's technically not a crime to lie on behalf of your family's criminal activities

If it's not technically a crime, it's not a crime.

It's only a matter of time before Getzel ends up in jail for his own activities, whatever those may be. After all, it's in the family genes.

Ah, a racist. Put him in jail for his genes and forget specific crimes, whatever they might be. Perhaps, in your view, their whole family tree should be gassed?

[sage]

I agree with Nachos.

Getzel, however, should be closely watched by the authorities, to keep him honest.

If, G-d forbid, he should be caught and indicted for criminal activity, that's another matter, altogether.

[neighbor girl]

For 2 weeks a black bear has wandered around northern Iowa. collive.com has a photo and short article about the bear's visit to Postville. The theory is that it's looking for love! Come on, help me out. There must be a song or joke to go with this. Has anyone checked the immigration status of this Minnesota bear?

[former charedi]

He's not a black bear. He's either tropper or some other big dog wearing chasidishe garb. He heard he might be able to pick up a kosher slaughterhouse at auction.

[sage]

If he's able to penetrate the Agri-Star defense perimiter, and gain access to the plant interior, he'll do the Kosher consuming public a mitzvah, by eating up all of the treif stuff in there.

[WoolSilkCotton]

++If it's not technically a crime, it's not a crime.++

The orthodox credo.

++Put him in jail for his genes and forget specific crimes, whatever they might be.++

It is what it is. Only a matter of time before he's arrested. I predict soon, like when he visits Switzerland.

++should be gassed++

The Holocaust! If you don't worship the Rubashkins, you are a nazi. Another orthodox credo.

[former charedi]

++If it's not technically a crime, it's not a crime.++

The orthodox credo.

No, it's the law in any just society, meant to protect the innocent against bigots like you.

The black coats are not like you. You are bigoted against anyone not like you. It's because of people like you that we have laws to prevent arbitrary recriminations against minorities.

The Holocaust! If you don't worship the Rubashkins, you are a nazi. Another orthodox credo.

Fool. What you stated above was the eugenics argument and my response was not a defense of Rubashkin. It was a response to your belief that crime runs in genes and that children of criminals should be treated as criminals.

Your argument is the exact concept that people who hate blacks, Hispanics, women, Jews, Arabs, Asians, and any other group use on a regular basis: That the group is BAD so all its members can be persecuted just for their very existence. You point to examples of bad things done by members of the group and induce that all members are bad, then deduce back down that all other members of the group are bad. That is the rationalizing mechanism of many flaming bigots like you.

Twisting my rejection of your hatred and bigotry is cowardly on your part. Don't equivocate or hide your true feelings. Wear a patch on your arm. Shout your hatred from the rooftops!

[jay]

You looser Conservative or Lib Jews; how many of your grand children even know they are Jews? You are worse then the worst Russian Czar or Gestapo. Your hatred towards the Orthodox is plain and simple from Jealousy!! YOU are the looser! WE grow and your shuls have barely a minyon on shabbos (and that is with the ladies...)

[nachos]

Getzel, however, should be closely watched by the authorities, to keep him honest.

Posted by: sage | July 04, 2010 at 11:02 AM

Sage:

The last I looked, this is America. It is illegal for the authorities to watch someone to keep them honest. There needs to be some type reasonable suspicion.

Wool, while you and I agree on much, we disagree here. What child wants to beleive his father is a crimminal. It is perfectly rational for him to defend his father and if he beleives the lies, it is a natural human response.

[sage]

Hi Nachos,

Your points are well taken.

But we need to observe that Getzel, through this whole ordeal, has, in addition to lying and deceiving, has uttered not one word of remorse or apology to the many creditors his father stole from nor to the long suffering citizens and City of Postville.

Is he a criminal in the making?

Maybe yes and maybe no.

But his actions, so far, do not give me a very positive picture of his future.

[nachos]

Dear Sage:

Are we all not responsible for our own actions? What apology does Getzel owe for something his father did?

Sage, you continue to act as if the citizens of Postville are pure as the wind driven snow in this whole thing. Don't get me started. Do you really think Mayor Rekow was put in by the Jewish vote?

Where is your apology? Didn't you say that you were going to visit? Don't you owe people an apology for not showing up!!

Sage, you need to take a lot less glee from this situation. Walk humbly before your G-d!!

[nachos]

Sage:

I am really resenting the fact that you are putting me in a position of defending the Rubashkin's. Keep it up and I might have to sell Hershey some cattle!!!

[sage]

Hi Nachos,

Getzel was sent out to confront the public and answer their concerns.

Because SMR didn't have the cojones to do so, it was up to Getzel to offer the proper amends.

He had a chance to help heal the situation, but didn't.

Many FM bloggers in the famous "Getzel-Go-Around", including me, pleaded with him to try to get some much needed changes in the plant, per Temple Grandin's failed efforts in 2003. All this landed on deaf ears.

My wife and I were planning to visit Postville in February, but the proper arrangements could not be made.

I take no glee in this, but am completely horrified, that some Jews who claim to be pious individuals, have committed what amounts to be, the most horrendous Chillul Hashem in Jewish-American history.

It would be a great Kiddush Hashem, if Getzel turns out to be a truly pious individual, but he'll have to really prove it, given what has transpired so far.

[nachos]

Sage:

Somehow, I don't think you will ever get it.

[nachos]

Sage:

Wether you like it or not, Temple Grandin and PETA had very little to do with the problem. If Shalom had done everything Grandin wanted him to do, he would have still faced Immigration and bank fraud charges.

What exactly do you call the proper amends? You still haven't responded to the issie that Postville is not lilly white in this matter. Why don't they get any of your wrath?

Getzel was defending his father. He was in denial. Do you think Stalin's daughter believed at first that her father was the murderer he was?

Please don't pretend for a minute that you haven't been gloating over this thing. For goodness sakes, you check the BOP web site every day.

[sage]

We will simply have to have an honest difference of opinions.

[sage]

+++ Getzel was defending his father. He was in denial.+++

If you are speaking about after the May, 2008 raid, good point.

But it's now July, 2010. Is there any evidence that Getzel has now changed his mind, now that his father is a convicted criminal?

+++You still haven't responded to the issue that Postville is not lilly white in this matter. Why don't they get any of your wrath?+++

I agree that Postville is not lilly white, as you say, and some well placed citizens were in cahoots with the RCF and profited. But, overall, the majority of the Citizens suffered during the 20 years of RCF dominance and many businesses were cheated and stolen from; many folks had to leave town and the general city infrastucture and housing were very negatively affected.

+++Wether you like it or not, Temple Grandin and PETA had very little to do with the problem. If Shalom had done everything Grandin wanted him to do, he would have still faced Immigration and bank fraud charges.+++

This might be debatable.

If Grandin was allowed to come in undercover, as she requested, there certainly would have been an end to the inhumane treatment of the animals and, possibly, better treatment for the workers.

There would have been no PETA undercover expose, and possibly no legal action by the Feds.

But this is, as I say, debatable.

I check the BOP inmate finder daily, except on Shabbat, simply for informational purposes, not because I'm gloating.

What's happened to SMR is a tragedy. He is a person, whom G-d gave incredible talents and intelligence but, by his own choice, decided to use them in service of the dark side.

He alone, bears full responsibility for the consequences of his choice.

[AGRI-vated Angel]

Will RICO charges ever be filed?

Many believe the Agri-P facility was nothing more than a 'laundering' stop for $/people, circulated though Agri from New York/San Francisco. Is there any proof to substantiate these claims?

For example, I 'stumbled' across this article-

[. . . If this story doesn’t end with major prison sentences handed down, there is, as they say, no justice.

An astonishing criminal enterprise
I first picked up the Agriprocessors story in May, 2004. It began far from Iowa’s cornfields with the arrival at San Francisco’s international airport on Cathay Pacific Airlines Flight CX872 of a Chinese national named Hu Yao Bin with his wife and two children.

The paperwork Mr. Hu presented to immigration inspectors at the airport was all in order. It showed that a US employer named Aaron Rubashkin, president of Agriprocessors, Inc. of Postville, Iowa, had petitioned successfully for the visa that Mr. Hu and his family now presented to inspectors—an EW-3 visa, which covers those coming to the United States to perform unskilled labor.

It should have been another rubber stamp entry. But no sooner had Mr. Hu and his family been cleared to enter the United States, permanently, than Mr. Hu blundered badly. He asked the inspecting officer to forward his Legal Permanent Resident card to his intended address in San Francisco’s Chinatown—not to the kosher slaughterhouse in Iowa that was to be his place of employment.

Oops. That’s one heck of a commute. Mr. Hu was promptly referred to a second agent for questioning.

He confessed everything in the second interview. In a sworn statement, Mr. Hu said that his friend, Mr. Hu Shu Bin, had obtained the immigrant visa from the American consulate in Guangzhou, China, for which he had paid his friend US$30,000—the standard fee “snakeheads” charge to bring Chinese nationals into the United States.

My sincere thanks goes to the author - Craig - who posted this at Project USA.]

[Desperado]

RICO charges may never have to be filed, Rubbishcan is in prison for a long time now and not going anywhere soon. The FEDs havn't even touched the RICO charges yet, will no doubt include tax fraud and tax evasion. Have a nice life, shalom, you worked hard for it. I head tell that you will get used to being "institutionalized" after the first few years, you deserve it, Skumbag

[s]

agri-vated angel; why did a university professor from UNI get involved years ago with the Chinese people who immigrated to "work at Agriprocessors"? Was he duped and did not initially see what it actually was? How much $ did this family make from this? One can google the Chinese man's name and see articles about this.