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March 11, 2011

Government's Response To Rubashkin Appeal

Govt response to rubashkin appeal graphic The evidence against Sholom Rubashkin.

 

This is an excerpt of a letter written to Sholom Rubashkin by Agriprocessors' attorneys six weeks before the immigration raid (the entire letter starts on page 8 of the addendum):

Agriprocessors Attorney Letter To Sholom Rubashkin 3-28-2008

There are also stunning emails from HR manager Elizabeth Billmeyer to Rubashkin complaining about illegal workers being hired and her complaints about this being ignored, and many other pieces of evidence that clearly prove Rubashkin's guilt.

Here is the entire government brief as a PDF file:

Download [Brief of Appelle 3-11-11] Government Response To Rubashkin Appeal

Here is the addendum:

Download [Appelle Addendum] Government Addendum to Its Brief 3-11-11

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WHEN 613 COMMANDMENTS JUST DON'T SUFFICE....

As a sort of "Get-out-of-jail-free card," I thought I'd offer the following gem of wisdom that I found on the Bankrate.com website:


6 money habits that are illegal
By Marcie Geffner • Bankrate.com
Forgery. Loan fraud. Counterfeiting. These and other financial crimes might seem like a far cry from most people's everyday lives. But it's surprisingly easy to adopt a dicey financial habit under the guise of "everyone does it," "I was just trying to help" or "it seemed like a good idea at the time" only to discover later that what you've done is, in fact, illegal. The odds of getting caught might seem slim, but the consequences can be harsh. Here are six money habits you should quit now....

Read more: 6 money habits that are illegal http://www.bankrate.com/finance/personal-finance/6-money-habits-that-are-illegal-1.aspx

Perhaps 770 and even the Rabbanut Harashit in Israel should include this as a module on their rabbinical ordination exams, much like the liberal seminaries (JTS, HUC, RRC) have compulsory courses in clerical ethics.

Think about it... if the Rubbishcans and the Balkanys had just just read this item, they might not be in the pokey today!

ALEPH INSTITUTE, SB LIPSKAR: An ounce of prevention is worth a pound of cure, says the proverb. If your Chabad front organisation was really interested in serving the "captives," you'd publicise this Bankrate.com item in your own Shul of Bal Harbour and in every shul in America and (aren't you Canadian, SB?) Canada! Wouldn't it be more efficient not to have haredi inmates in the first place?

Here's a radical idea: why doesn't FM.com print up little Tefilas HaDerech cards with the 8 WAYS TO STAY OUT OF JAIL from Bankrate.com. It would be a welcome and very useful addition to every Tallis or tefillin bag!

That said, and having read the government's response, I still get the sense that so much was alleged, and despite the formality of a trial and conviction, so much remains unproven and untested. The government, rightly or wrongly, still spins what may well have been normal, legal financial behaviour as part of an intricate fraud that it constructs. Some of strains credulity, especially the parts about offering to pay financial employee salaries in the event they are imprisoned. And again, despite the segregation of the immigration counts, the government weasels and used a back door to reintroduce them and constantly harp them up, thereby distracting the defence from adequately addressing the financial issues.

And the financial issues are hardly part of a smoking gun: virtually all of the governement's witnessness have been, in effect, suborned with promises of light punishments, leaving the defence with little ammunition to defend itself against the wildest allegations prosecutors could stretch the facts to fit.

I do not believe that Sholom Rubashkin was either that cunning and calculating, or that evil, to have dreamt up the elaborate fraud that the government continues to suggest happened. I find it hard to believe that the man shows up in his office one day, and brazenly instructs highly trained financial employees to engage in forgery and fraud, promising to pay their salaries whilst in prison. This just doesn't stand up to the common sense probabilty test.

And on other points deemed by the government to be conclusive of guilt, I remain unconvinced: did Agriprocessors pay for its executives travel or relocation? If so, the government's conclusion regarding Amara and the other DIB seems to fall by the wayside.

Again, so much was alleged, and so much time had to be wasted by the defence on the supposedly segregated immigration issues that I do not believe that the fraud counts were adequately established.

What's more, I remain unconvinced that the "fraud" as alleged was actually fraudulent. So what of a borrower pays down his existing loan out of new loan proceeds? I would think millions of American consumers would be in jail today if they were judged to be fraudsters because they paid Mastercard from an advance on VISA, essentially.

I remain troubled at what are essentially forgery charges -- i.e., the creation of false business documents. But I find it hard to envisage Rubashkin ordering fremde (non-Jewish, non-religious) outsiders so blatantly to participate in a fraud. It just doesn't pass the sniff test on how haredi criminals operate.

Jimmy Gouraye, the late Habad tax invoice salesman, sold fake invoices to business owners in the garment industry. The business owner then hands the invoice over to his accounting people to use in the preparation of fraudulent tax returns and schedules. But Jimmy doesn't doesn't include this host of outsiders in on the fraud... they are simply presented with an invoice that only Jimmy and the business owner know to be fake.

You just don't stroll into your office once day, say, "Listen, up, chevre, we're going to fake some invoices, doctor the accounts for the bank, and by the way, I'll pay your salaries while you're in federal prison. Time for a Mountain Dew break. "

Yes, I personally believe Rubashkin committed one if not several federal crimes. But I still have a problem swallowing the indictments and convictions as they presently stand for the reasons stated.

Reading comments from these brainwashed believers really makes me sad.
Yes, human psychology needs to believe, but you people should start being a bit more introspective, more inquisitive...
I used to be a religious myself but I gradually came to understand that religion is nothing but superstition + dogma. God doesn't exist. Life is very short and there won't be another, enjoy it!

You can be Jewish while being atheist at the same time. You still have your roots, your culture, and so on.
But religion - it's poison.

Igor & Thehikki: I appreciate your positions and in many respects agree with them. The Orthodox frame of mind never ceases to amaze me. I cannot fathom a mind that refuses to question the large issues and instead focuses on minutae.

Why should an omniscient god care about what part of the cow it's creations eat. Why should it care whether or not you have mixed wool and flax or for that matter meat and milk. Why build this minutae into your existence? Why walk around unwashed and unshaven, in a black hat and dirty black suit that has not been dry cleaned in ages, but show the fringes of a garment that no one else would wear? Are these the regulations that a cosmic intelligence would actually set? I have my reservations about just about all of it.

Certainly I identify as Jewish, and I believe in the deity, however, everything else smells of bullshit.

With convoluted laws and union labor laws coupled with states acting out biases that border with entrapment against employers, no wonder that that we have 10%+ un-employment rate when as a result of this and the likes of atrocities, companies flee in droves to foreign shores, today about 50%+ of kosher meat comes from Canada, Mexico, Argentina.. And most kosher beef in Israel as well comes from other countries besides the USA

your name says it al ALTER KOCKER!

++Alter Kocker | March 12, 2011 at 02:35 PM++

Agreed.

Herb, stop fressing so much kosher meat, and the problems you described at 7:00 will be solved.

Another point, in keeping with AK's posting, is why it is required by the frumma to eat so much meat, especially fatty beef. Is the Jewish God trying to kill us, or to generate more revenue for Jewish cardiologists?

With convoluted laws and union labor laws coupled with states acting out biases that border with entrapment against employers, no wonder that that we have 10%+ un-employment rate when as a result of this and the likes of atrocities, companies flee in droves to foreign shores, today about 50%+ of kosher meat comes from Canada, Mexico, Argentina.. And most kosher beef in Israel as well comes from other countries besides the USA

Posted by: herb | March 12, 2011 at 07:00 PM

Please.

The Chief Rabbis banned meat from the US because they wanted upside down shechita, and only Rubashkin had that.

After that, the Israeli government banned it do to mad cow.

Israel has, since the 1970s, imported most of its meat.

As for US kosher meat, Alle imports about half its meat from South America, largely because it's cheaper. The labor is paid a few dollars per hour (if that) rather than $10 to $15 in the US, the cattle are also cheaper to buy, and safety regulations in South America are largely non-existent.

The frumma only care about fressing. Nothing else matters.

The government reply is nothing less than a bitch slap to that crusty old fuck Lewin.

From A E ANDERSON comments above it is patently clear, that AEA is married to his positions and no matter what the prosecution would say in their briefs, he would stick to his chosen pathway. That is ok with me one less person to debate the merits of his views. The fact is that even after his long post he could not cite even one legal reason why SMR should not be convicted on all the charges, the Jury actually convicted him. His posts is nothing more than a huge pile of elephant donk. The prosecution laid out a well-written brief, and I venture to say that they will prevail.

++OMG | March 12, 2011 at 08:53 PM++

Agreed.

AE ANDERSON:

It is so nice to see that you would take the time to write about Shalom Rubaskin during Shabbat.

nachos, WSC,AK, and Fartscroll,
Very well said!

I admit I am waiting for effie to weigh in with a professional take on the brief, being too lazy to read it myself.

With all that is going on the world, I see there are still some losers who have nothing to do than to bash rubashkin. It should happen to you. And dont think it cant -- if this case proves one thing it is this: When the GOV'T wants to get you there is nothing they cant do.

Page 85 of the Brief of Appelle mentions "illicit cash payments to the mayor". Were charges ever filed?

Elizabeth Billmeyer's emails shown in the appelle addendum were interesting. She has been released from prison. Is she working at Agristar?

"Finally, the court did not abuse its discretion in imposing the 324-month sentence at the bottom of the advisory guidelines range. The court considered all of the statutory factors and defendant's arguments for a lesser sentence. The sentence was reasonable because defendant (1) committed a broad array of serious financial crimes resulting in over $26 million in loss, (2) committed additional crimes not accounted for in the guidelines, (3) obstructed justice on multiple occasions by perjuring himself, destroying evidence, and tampering with witnesses, (4) enriched himself at the expense of his victims, and (5) demonstrated a lack of remorse for his crimes." (page 26)

Page 85 of the Brief of Appelle mentions "illicit cash payments to the mayor". Were charges ever filed?

Not yet.

Jackie007g@aol.com,
Your post proves that indeed you are not 007, you are right that if the government wants they could find something on anybody, but you see this was not just a something, the Rubashkin saga was a 10 year fraud perpetrated with extreme sophistication. Agriprocessor was a losing business even while using illegal did the bulk of the manual labor, thereby not having to pay the prevailing wages. Sorry but that is a fact as much as the sun will rise every morning.
PS how is it that all the supporting blogs never even mentioned the governments respond because they know their lies would be exposed with the governments briefs.

Rubashkin's undocumented, illegal workers, was the worst kept secret for years prior to the raid. There were several posts right here at FM and several articles in other publications. No chiddush here that the government knew and that Rubashkin knew that the government knew.

dear OMG, your response is too illogical, uninformed, and plain out stupid to deserve a response., Chances are you are a major loser in a dead end job with no real accomplishments under your belt - but go ahead and obsess on rubsashkin, that sd help u.

"There are also stunning emails from HR manager Elizabeth Billmeyer to Rubashkin complaining about illegal workers being hired and her complaints about this being ignored, and many other pieces of evidence that clearly prove Rubashkin's guilt."

were these emails not used in the federal trial or the state child labor trial? if yes, where exactly?

were these emails not used in the federal trial or the state child labor trial? if yes, where exactly?

Posted by: larry | March 13, 2011 at 09:04 PM

They were used in the federal trial, as you can see if you read the documents posted above.

They were not used in the state child labor trial because, as I have pointed out many times, the judge excluded all that immigration evidence, even though it proved beyond any doubt that Rubashkin was intentionally hiring and harboring illegal alien workers.

That exclusion is why the state lost the trial.

Posted by: Jackie007g@aol.com | March 13, 2011 at 08:17 PM

When you cannot argue the facts of the case, you resort to personal attacks. I will not give you the satisfaction to answer your childish respond about my personal endeavors, while you do not know who I am, and what my accomplishments are. Nevertheless, I am willing to enlighten you that in the prosecutions respond they laid out ample evidence that Agriprocessor engaged in fraudulent invoicing for over ten years. It started small but at the end, the fraud exceeded ten million dollars. I do not know your education level, but in my Econ101, we learned that if a company has to inject continuously new operating capital, that indicates that the business model is not working and they need to overhaul the model to bring it into a profitable concern. Inasmuch according to the testimony during the trial, Agriprocessor was like a beast eating up the money without making enough to generate an ongoing business, which is not losing money hand over fist.

Therefore, whatever you say about me is entirely irrelevant to SMR’s appeal. He will not prevail because you are degrading people you do not know at all.

dear omg - the prosecutors didnt convict on 'fraudulent inviocing' and like it or not, it was a very profitable co timely meeting its debt obligations until such time as the gov shut them down. did ya pass econ 101, b/c assumption of debt is not nthe same as infusion of capital, but keep hwting rubashkin, youre getting smarter lolol

why do ppl on this blog hate rubashkin so much. rent there any pedophiles more deserving

the prosecutors didnt convict on 'fraudulent inviocing'

They most certainly did convict on that.

You might actually read the related documents before you choose to attack people who know far more than you.

it was a very profitable co timely meeting its debt obligations until such time as the gov shut them down

That is false.

Agriprocessors was profitable only because Agriprocessors stole money from its workers and from its lenders.

And that is abundantly clear from the evidence.

he never had his day in court in fact all charges of illegal workers were dropped, so all this is irrelevant!

***

the Bank charges is what is being Appealed here, based partly on the fact the the Government mixed immigration charges in to the bank case.
so what does the government do? it brakes the same rule by mixing the immigration charges with the bank case!
they either have no better argument or they are simply incompetent, either way Rubashkin seems to be on his way home.

Posted by: ari | March 14, 2011 at 12:45 AM

Please.

The immigration charges were part of the trial because they proved Rubashkin lied to the bank when he said his workforce was all legal and that the plant was following the law.

There is very little chance that will be overturned on appeal.

The Rubashkin tuches lekkers are going into overdrive. Keep attacking anyone and everyone, and just make up lies about the proof and the facts!
Your Meat Messiah hero will do his full 27 years. That should not stop you from continuing to bang your heads against the computer screen!
How much longer before the next Rubashkin family member goes to jail for something? I say less than 3 months before the next Rubashkin gets arrested.

The gov's appeals brief is nothing but a lets keep linda read out of jail plea. they f..ed up big time, thught they cd ramrod the Jews out of Iowa, which they did and nownthe towns a stinkhole. If an earthquake hits the good old usa I hope it hits postville first. And all the self hating anti semites whon post on the blog next.

jackie007g and jax are the same person, and what that person is doing is called sockpuppeting, which is not permitted.

It is a form of lying and cheating.

And now you're banned.

If an earthquake hits the good old usa I hope it hits postville first.
Posted by: jax | March 14, 2011 at 06:47 AM

There are a lot of Jews living in Postville. Shame on you.

Posted by: Jackie007g@aol.com | March 13, 2011 at 11:49 PM

It somewhat interesting to note your Dr. Jekyll and Mr. Hyde persona, under Jackie007g@aol.com you are nice and call me “dear” but under “jax” you curse people of Postville and them all of us who disagree with your defense of SMR. For the benefit readers of this blog let me point out, that Dr. Jekyll and Mr. Hyde does not know basic economics. Here is a description of Assumption of Debt and Capital Infusion

Assumption of debt
A debt assumption involves two simultaneous transactions; the first transaction cancels the original debtor’s obligation, and the second transaction creates a new debt contract between the creditor and the new debtor, or assumer.

Capital Infusion
Within a firm, the provision of funds to a relatively unsuccessful division from the profits of another division. Management may infuse a division with capital if it believes that it will eventually become profitable. However, in Agriprocessor case they did not have another division to pour in the money, so they fraudulently used the banks money as their own cookie jar.

Why did Reade agree to separate the immigration charges from the bank charges? Wasn't it SMR's legal defense who requested this? Did Reade agree to it because she genuinely surmised that it would be too complicated for the average citizen or some other wise judicial consideration? How could she agree to it when it was an integral part of the fraud and thus would be unavoidably addressed during the trial? Why didn't the prosecution put up a fight - at least the show of a fight? Was this a tactical decision aimed at achieving the overall legal strategy? Was someone afraid that the sympathy elicited for the plight of the alien employees who were ramrodded and dispossessed by the government would leach into the jury's perspective regarding SMR? All and all, it appears to be less an effort at discerning justice than a headlong drive to convict. As for Reade herself, besides her duplicitous role as prosecution and executioner, she is a heartless old battle-axe who is unfit to be a judge. On what basis do I rely for support of my opinion; Why, even Scott Rosenberg was shocked over her draconian sentence.

What the judge separated was days of testimony by illegal workers from the fraud charges.

There was no legal constraint to showing Rubashkin knew his workforce was largely illegal, because that proved one of the fraud counts: lying to his lender about that workforce's legality.

Sholom Rubashkin was and is guilty well beyond any doubt and would have been convicted of these crimes no matter who was the judge.

The only real issue is the sentence, which is 100% legal but excessive, because the sentencing guidelines are excessive.

"The immigration charges were part of the trial because they proved Rubashkin lied to the bank when he said his workforce was all legal and that the plant was following the law."

lets say for arguments sake that your right, and the judge didn't brake her own ruling to separate the charges.
SMR still deserves the right to respond, to the charges, but the judge didn't allow it. the prosecution got 3 full days, the defense not 1 minute!
you cant have it both ways, if its part of the charges then the defense has to be able to respond, and if they are separate the prosecution has no right to bring them up.

Posted by: ari | March 15, 2011 at 04:09 PM

The defense has the right to introduce evidence within the rules of evidence.

I'd note the letter referenced in my post from Agriprocessors attorneys to Sholom Rubashkin proves beyond all doubt that Rubashkin knew he was employing undocumented workers and had done nothing at all to rectify that. And that proved one of the bank fraud fraud charges.

Baruch et al,

Get a grip on your mind, as the quote goes “a mind is a terrible thing to waste”. If you only spend the time, and read the prosecution reply to the Rubashkins demand for a new trial. See page 76 of the brief, where the prosecution explained in detail, how and why the court decided to sever and schedule the fraud trial first, and the harboring illegal’s second. There were two different issues; the Judge had to deal with. Primarily the Judge has a responsibility to make sure the defendant has the ability to defend himself. Rubashkins lawyers requested in a motion, that the fraud trial should be first. Their reasoning to the judge was that in the fraud trial Rubashkins is highly unlikely to testify. Nevertheless, in the immigration trial he intends to testify. The Judge noted in her ruling, that if the immigration trial is schedule first and indeed Rubashkins testifies, the prosecution will be able to bring into the second trial all the testimony from the first trial, because the law permits previous testimony from a defendant even if he want to exercise his 5th amendment right not to testify. Moreover, that will damage the defendant and it will not be fair to him. You see the Judge only tried to be fair to Rubashkins, but you and your ilk, fail to see the real facts of the trial.

Considering that all immigration issues were either thrown out at the federal level or won outright at the state level- this is irrelevant and only usable as a means to keep the rest of the case from crumbling by painting a false picture which is what all of you self hating jews are great at. Can't say you are all the first at this. but you may very well all soon be sitting shiva when the rank corruption from this trial is laid out in plain site!

Considering that all immigration issues were either thrown out at the federal level…

Posted by: Michael Adler | April 03, 2011 at 08:16 PM

Absolutely false.

After the government won convictions on 86 fraud related charges, it provisionally dropped the immigration charges, which would not have added significantly to Rubashkin's sentence.

The government can decide to bring those charges at any time it chooses, however.

This is standard procedure in cases like this.

Past that, you clearly don't understand US law, which specifically allows related but untried crimes to be factored in during sentencing.

He did the crime, let him do the time. Whats the big fuzz with the sentence? Probably will go out before the 27 years for good behavior. Contrary to Rubashkin, I do have an advance degree in business, and trust me, the buck stops at the CEO. There is no way he did not knew about the illegal status of all those workers unless his office was on the moon. Any reasonable CEO with an ounce of ETHICS, will ask his HR Managing Director about the legal status of so many workers, not to single out Hispanics, but unfortunately that was the case here. I would have asked, just for the hell of covering my bases. End of story...next!

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