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September 16, 2011

RUBASHKIN APPEAL DENIED

Rubashkin Court Angry A federal appeals court has denied a former Postville meatpacking executive’s request for a new trial, saying he failed to show the judge in the case was unfairly biased in favor of the prosecution.

Rubashkin Court Angry
Sholom Rubashkin

Appeals court: Rubashkin doesn't deserve new trial
Tony Leys • Des Moines Register

A federal appeals court has denied a former Postville meatpacking executive’s request for a new trial, saying he failed to show the judge in the case was unfairly biased in favor of the prosecution.

Sholom Rubashkin was convicted in 2009 of 86 fraud charges, which led to a 27-year prison sentence. Rubashkin ran the Agriprocessors kosher meatpacking plant, site of a huge immigration raid in 2008 that contributed to the business’ collapse.

Rubashkin’s case and long sentence drew national attention, including from six former U.S. attorneys general who voiced concern about his treatment.

His lawyers said U.S. District Judge Linda Reade should have stepped aside from his trial because she cooperated closely with prosecutors before the immigration raid, showing bias against the plant’s owners.

The appeals court in St. Louis ruled this morning that Rubashkin failed to show Reade was required to recuse herself from the fraud trial.

“Our approach is consistent with that of the Supreme Court, which has held that recusal is not necessarily required even after a district court has expressed ‘impatience, dissatisfaction, annoyance, and even anger’ toward a party. There is nothing like that in this record,” the appeals court wrote.

Rubashkin’s convictions stemmed from allegations that he created false invoices and moved money around to trick the company’s main bank into lending Agriprocessors millions of extra dollars, which were lost when the company folded.

Rubashkin’s lawyers argued Reade unfairly allowed prosecutors in the fraud trial to talk about separate allegations that the executive participated in schemes to hire illegal immigrants to work in the plant.

The appeals court ruled the court was correct to allow immigration evidence into the fraud trial, because Rubashkin had signed bank documents promising that his company was not involved in illegal activity.

The immigration allegations were to be the subject of a separate trial, but prosecutors dropped Rubashkin’s immigration charges after he was convicted of bank fraud.

The court's entire decision as a PDF file:

Download Rubashkin Appeal Denied 9-16-2011

Comments

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Good... may his name be forgotten for the
next 20 years.

Thanks for being first with the news.

Are you making money with the popup?

HOORAY!!!!

I'm not fan of Rubashkin and think the entire ordeal has been a terrible stain on so much of Orthodox Jewish leadership.

But, rabbosai -- perhaps we tip the balance a bit by cheering another man's downfall and long prison sentence.

I don't doubt it is justice, but the tone in some of these comments is an indictment of many of us.

Kesiva v'chasima tova.
Andy

So what will his attorneys do next? Appeal to the Supreme Court? Is that possible to do? Does it involve a lot of expenditure?

Yes, they will probably appeal to the Supreme Court.

That's what Nathan Lewin does for a living.

And, yes, it costs a hell of a lot of money.

Wow I am in shock but I guess G-D has his plan hopefully this is not the end of the road Shmarya and the rest of the nice people on this site I hope your feeling good about your roll in this going into Rosh Hashanah

B"H

Unfortunately this is not a shock. Al pi teva -- you realize that Judge Reade was working with some of the judges deciding this appeal the DAY of the appeal.

IY"H we will hear good news. Hashem runs the world.

Funny how this judgement came down this week when one of the last things we read in the Torah is how fraud is a Toeva

B"H

Unfortunately this is not a shock. Al pi teva -- you realize that Judge Reade was working with some of the judges deciding this appeal the DAY of the appeal.

IY"H we will hear good news. Hashem runs the world.

Posted by: Simple Jew | September 16, 2011 at 11:40 AM

Yeah,

Maybe God will ignore Rubashkin's stealing and his abuse of poor workers and all his other crimes just like Rubashkin overlooked the rapes his supervisors did, yes, maybe God Our God will overlook all that just the way Rubashkin overlooked the law and halakha and common decency, just like Rubashkin overlooked the cries of those raped women – maybe God Our God will do that and free our Glatt Kosher Meat Messiah from his chains.

Because we all know that a cheap rib steak is more important than the life of a goy any day.

Yes, our God is Great – and so were our rib steaks.

May we soon be returned to the time when our rib steaks were cheap, plentiful and butchered through the blood of oppressed goyyim.

Amen. Selah.

And if this doesn't work, maybe we can break him out.

The sentence was too harsh. There should be reduction of the sentence. Perhaps another ground for appeal could be found

No kiddush on South Gate Dr in Monsey this Shabbos, I guess.

It galls me that so many could continue to support this man and call him "holy" given the abuses to other people and animals as well.

Nebech, the goyim love to make a Yid suffer! Hashem, send us Mosiach NOW!

The sentence was too harsh. There should be reduction of the sentence. Perhaps another ground for appeal could be found

Posted by: Dr. Dave | September 16, 2011 at 11:53 AM

I think he only get one bite at the apple.

I think all he can do now is try the Supreme Court.

Nebech, the goyim love to make a Yid suffer! Hashem, send us Mosiach NOW!

Posted by: Moshiach NOW


you must have mistyped. this case was all about a yid making goyim suffer.

and moshiach is just another diversionary tactic concocted to keep people hopeful while ignoring their present situation and how their god must have forsaken them.

B"H

Shmarya

What would happen if the SMR legal defense fund should spend some of their money on hiring a lawyer to sue you for libel? Do you think they would have a case?

Even with all of your lack of Ahavas Yisroel for for SMR --- you have admitted previously that SMR sentence was too harsh.

Simple Jew, the truth is an absolute defense against libel charges. Shmarya is careful about his facts.

Oh yes "moshiach now", the goyim live to make Jewish lives miserable! Perhaps the behavior of the Jewish commisars in the Ukraine during the 1920's and 1930's which resulted in a genocide which killed many more "goyim" than Hitler killed Jews is an example?

Quit believing the Muslim style shit that you hear from your mullahs and research the REAL motivations for anti-Semitism.

We Jews have brought it upon ourselves by our behavior of hate against gentiles which you expouse. "The gentile's soul is that of an animal" -- should be tolerated??? If I called your mother a whore, would you not strike back with anger?

Simple Jew, the truth is an absolute defense against libel charges. Shmarya is careful about his facts.

Posted by: anuran | September 16, 2011 at 01:07 PM

Notice this Chabadnik can only function by making the court corrupt, America antisemitic and me libelous.

Otherwise, he would need to HONESTLY deal with the facts of the case – including the fact that I repeatedly told him over the past couple years: the sentence was within the sentencing guidelines, was neat the bottom end of those guidelines and was legal, and also that the problem was with those guidelines, which need to be changed, not with the judge per se or the courts.

And, of course, there is no way this Chabadnik can do that.

B"H

Shmarya gets very emotional --- and sometimes says things he apologizes for afterwards. Which is ok when its an email between 2 people but if you state something about an individual on a public website and it is not correct you can have a problem.

I think it is possible he is stating things that he can not backup with facts when he says some of what he posted here today about SMR.

He is repeating rumours about SMR that were never documented.

I don't think any of us know what it is like to have 1000 employees working for you.

It is not like 1 or 2.

Meaning.. the CEO or VP of a company with 1000 employees has NO CLUE about the goings on for the vast majority of those employees.

Sometimes some of the anti SMR people make it sound like this was some small co with 10 people and SMR was involved in day to day interactions with everyone at the company.

Get your pitchforks out. What a bloodthirsty crowd. Disgusting.

Shmarya gets very emotional --- and sometimes says things he apologizes for afterwards. Which is ok when its an email between 2 people but if you state something about an individual on a public website and it is not correct you can have a problem.

I think it is possible he is stating things that he can not backup with facts when he says some of what he posted here today about SMR.

You think that because you have consistently refused to read the evidence.

In fact, you told me you specifically IGNORE the evidence, because it is "biased."

I've told you and others have told you that don't understand the legal system – and you clearly don't.

Now do try to process: the first report of undocumented workers being raped by Agriprocessors supervisors was published in 2000, eleven years ago.

Since then workers who have been raped have told their stories to the press and to the State of Iowa.

You'd know this if you had ever read the evidence but, as you told me, you have not and will not read it because you "know" it is "biased" against Rubashkin.

Real women are raped. Real poor workers have their paychecks shorted and their money stolen.

But you care nothing about that. They're only goyyim.

And Rubashkin is a Jew, a Chabad hasid.

And as a Chabad hasid yourself, you "know" Rubashkin is innocent.

You're a sick man.

B"H

I don't recall ever telling you I won't read something. I searched your site and google and I did not find what you are referring to. I spent at least ten minutes on that.

What is your take on the teaching of the Baal Shem Tov : "Your fellow is your mirror. If your own face is clean, the image you perceive will also be flawless. But should you look upon your fellow man and see a blemish, it is your own imperfection that you are encountering -- you are being shown what it is that you must correct within yourself" - source: Chabad.org

Good Shabbos.

Posted by: Simple Jew | September 16, 2011 at 02:02 PM

Sure.

It makes sense.

You see anti-Jewish bias nearly everywhere and assume people like me are bigots.

But the truth is like a mirror, and the bigotry is inside you.

As for what you told me, I can always print your email which is very clear. You say you haven't looked at the evidence because any evidence I post is biased.

Which, of course, is quite odd when you realize that pretty much everything I reported turned out to be true – including my evaluations of Rubashkin's motions, their intentional misquotes and their lies.

And you really need to work on your Googling skills.

simple jew;good new year greetings to you. chabad was brought about by the b s tov for the simple people. you appear to be part of this simple sect, chabad. stop bashing the author of this site with ignorance. we do not rejoice in others misfortne, but you usa citizens have this saying: you do the crime you will do the time.

He deserve everything he got, everyday of it., now maybe they will stop Sholom Across Ameica, the only ones living off of it are the Rubashkins you fools. Shame on them for taking money when so many need it before the holidays. He was wrong, got caught, and because he's jew he thinks it's ok. throw away the key from him,just like his brother Moishe, whom guaranteed will be back in jail soon with what he is up to now on the ATM machines, only he is dragging his son with him.

Does this mean that there is a God or that there is no God? B"H, either way is good by me since this is a non-issue to me - I stay out of jail.

The decision was unanimous, so there is no automatic appeal. Nor does the Supreme Court necessarily have to hear the case -- they need four of the nine justices to agree to hear the appeal, which they would get only if the justices believe there is a serious constitutional issue at stake.

Simple Jew, did it occur to you that the appeal was not based upon the facts of what Rubashkin did or did not do, but on a technicality to try to disqualify the judge?

Why doesn't the appeals team try to argue the facts about what Rubashkin's crimes were, instead of technicalities?

Maybe because Rubashkin is, after all, just a filthy crook who deserves to be in prison for a long long time?

" ...they need four of the nine justices to agree to hear the appeal..."

That is why Lewin was engaged in the first place. One of the Supreme's is a lunch buddy of Lewin's,and he will use his buddy to try an get three others on board to hear the case. It will be a hard sell.

Everyone knows the truth.

But you just don't hit a brother.

Especially when he's down.

A brother may be wrong. Even totally wrong. He could even be Shmarya Rosenberg.

But he remains a brother.

Hypothetical situation: Let's say I get arrested for, say, oh, stealing a car. Or a whole lot of cars.

Fairly open and shut case. No argument there.

However, there is another mechanism at play here: Ahavas Yisroel. Love of fellow Jew.

Note the wording. There is no clause "Except if he's a major white-collar criminal."

If he's your brother, he's your brother.

And if it so happens that he had an accident in public, you don't shout it from the rooftops, "Hey, everyone! Look at my brother's pants!"

That's not called loving your brother.

Same if I stole cars and paid the price... or if any other Orthodox Jew took a risk with the law and lost.

Everyone can see what happened. You don't state the obvious.

That's why Lubavitch was by and large silent throughout this whole story.

The purported attack on shechita is another issue, and a legitimate concern. But that's not the issue.

The issue is respect and sensitivity for an errant brother who's down. (And yes, you can be sensitive and supportive of his alleged victims at the same time, too.)

Not to mention his innocent family.

So for those asking, "Do you know what he did? How can you say that?"

Very simple. Because he's a brother.

Yes, this whole thing should not have happened. But it did.

So now the question before us is, what are we going to do now? Will we abandon our brother when he takes a KO on the chin? Are we going to leave him in the gutter?

Or will we do what brothers do?

Posted by: Mendy Hecht | September 16, 2011 at 03:40 PM

Great post Mendy!

However you made one assumption you assumed Shmaryahu is Jewish!One assumption ruins an entire logical argument. sorry!

Mendy, I respect your feelings in this matter, but the whole idea falls down when it comes to more serious crimes. ( not necessarily discussing this case only)

Would you still call him a brother if he killed one person just for the sake of it? How about 2?, How about 20? What if he were a child molester?

Would you still support your brother if he was evil?

I would say not!

At some point, you would write him off.

By making him out to be a martyr, or someone worthy of your support, you are sticking it in the face of all those who follow the rules, mitzvoth, and the law of the land.

And you make a chillul hashem when you show that you do not respect the law of the land, especially this is where the term derech eretz comes from.

Can someone else answer Mendy, I did already on another post.

Mendy - Rubashkin didn't "take a KO on the chin" he dished out KO's to the crotches and to the wallets of thousands of people. Now justice is being done and he's being hit back. Even if he is a brother, I am not defending him because he is reaping what he sowed. And he is NOT a brother - he is a cousin. And he made choices to hurt other people and he and HIS family (NOT mine!!) profited handsomly from it for many, many years. He is now suffering the consequenses of those choices.

He is not my brother, he is my cousin.

And maybe I'll pay him a sympathy visit in jail, but I will NOT defend his actions.

AND by the way - my dear cousin never apologized to me for making MUD out of MY name - our shared family name - for his own selfish gains. That's another stain on our relationship.

I'm done here - someone else - please - explain it to this Mendy guy in English.

Mendy, not one member of your community will admit that SMR did the slightest thing wrong. You are the first to even hint that SMR may have done something illegal.

Admitting wrongdoing, offering confession, asking forgiveness, making restitution- the Rubashkine Crime Family has done none of those things.

And the piece of shit is not my brother. Maybe he's yours. Go send another check to Lewin.

Mendy, why did you support Weprin's opponent, and try so hard to defeat Weprin?
Shouldn't we support an orthodox Jewish candidate over a goy? Just because you disagreed on the gay marriage issue, you had to destroy Weprin's run for congress? And how is that good for a Jewish "brother" when you vote for the goyisher opponent instead?
Or does this "support a Jewish brother" only apply when you feel like it?

An appeal to the Supreme Court has very little chance in succeeding.

So why bother?

Better to take advantage of NASA's newly designed very powerful rocket, that can take you way out of this world and beyond and should be ready in a couple of years.

Then, if SMR can get an appointment to file an appeal with the Heavenly Court, he might be able to take advantage of this new rocket and deliver it in person.

A couple of points.

First, criminals do in fact belong in jail even if they belong to a racial supremacist blood-cult of weak-hearted idolaters that Hashem will mercifully expel from Klal.

Second, maybe Hashem sent him to prison so that he will use the time to study in an environment that is the antithesis of Judaism so that he might know how he treated his workers.

Third, why are the high and mighty gedolim-sorcerers of the blood-cult asking the butler for help?

And lastly, the unconditional support he recieves from his fellow idolaters is based solely on his blood and not his behavior. He's guilty, tried and convicted in heaven and earth, yet in the racial supremacist minds of Chabadniks, he should be home for Elul.

May Hashem rid the Jewish people s of Sumerian-style blood-cults speedily and in our days.

One off-topic comment I wanted to make only because I didn't do it first:

Satmar are entitled to vote as a bloc, and Ed Koch can endorse whomever he wants. I don't think anything improper happened, in any way, at all. This is democracy. Voting blocs exist. Deal with it.

I'm not fan of Rubashkin and think the entire ordeal has been a terrible stain on so much of Orthodox Jewish leadership.

But, rabbosai -- perhaps we tip the balance a bit by cheering another man's downfall and long prison sentence.

I don't doubt it is justice, but the tone in some of these comments is an indictment of many of us.

Kesiva v'chasima tova.
Andy

Posted by: Andrew | September 16, 2011 at 11:03 AM

Andy:

You will find no mercy here, no nuance, no shade of gray. There is nothing but anger, vindictiveness, and hatred. You are coming from the better angels of human nature in your comment. That is impermissible here.

Rubashkin may have been an SOB but feel no compassion, shed no tear for his children. The sentiments here will diminish you as a human being.

Mordecai, which of Rubashkin's kids should I feel compassion for?
The daughter who is married to the convicted child molester, the same daughter who launched an ugly vicious smear campaign against her husband's victims? Or Getzel, a pathologic liar, who is also destined for a career of crime?

When I hear just one word of menschlichkeit coming from the Chabad Amen Camp on behalf of the many victims of Rubashkin Family crimes, maybe then I'll temper my comments.

HOORAY!!!!!!!!! Justice for ALL!!!!!!!!!

IIRC, the sentence was also appealed. I gather the court did not rule on that part of the procreedings yet.

Maybe over the next few days I will go back to those sites we chronicled that acted as repeaters for the smear campaign against Judge Reade. Just update the discussions there to reflect that the appeals court decided there was nothing improper about Judge Reade's conduct

At least for the next twenty-four hours I will not have to read the grief, which befell the Charedi and Chabat communities. The blood is oozing from the self-inflected wounds, when a lawyer by name Lewin goes around from Jewish community to community, and turns a simple fraudulent business, which when bankrupted, to an attack on Jewish slaughter rituals, and when you fail during the trial, you try make the Judge and the system the issue. How easy is it, to bluntly lie to the Jewish community and accuse the Judge and prosecutors as anti Semites? Am I celebrating the draconian system? NO. Nevertheless, I celebrate that the appellate court, not only did not see any flaw in the trial but also didn’t see any act by the Judge, which could be construed, as not fair to Rubashkin.

As I said during the oral argument, Lewin was asked if he could point to even one instance where the judge’s ruling, could be interpret as unfair to the defendant. Lewin replied that there is none. Nevertheless, in the Jewish community, he continually pushed that idea. Shame on Lewin, for showing the people a straw to hang their hats on, and they sure hung millions, on that hat.

As for the next move, yes, they could go back to the Appellate Court and request for a full En Banc hearing, but usually this is only granted for very complicated cases, which this is not the case. Even if they grant an En Banc hearing, there are currently eleven active judges on the Eighth Circuit. That means that they will need a minimum of six judges who will agree with Lewin, which is almost impossible.

Next opportunity, would be the Supreme Court, on VIN you have some people hanging on to the new straw, Justices Scalia, it takes four judges to decide to hear any case, I don’t think that any Constitutional issues are at stake, which needs a precedent, therefore as the saying goes **No Mas**

An updated AP reported, posted by such sites as KRCG-TV:
http://www.kcrg.com/news/local/Appeals-Court-Says-No-New-Trial-for-Rubashkin-129959173.html
reports the AP received an email from attorney Guy Cook stating the decision would be appealed to the US Supreme Court.

These attorneys are probably very happy that the taxi meter will keep running.

Here goes! I have never posted before anything with regards to Sholom Mordechai's sad situation, mostly because I have always felt that Shmarya has a negative and personal agenda against him and his posts and comments were biased.

I am a family member of Sholom Mordechai and married to his wife's sister. I have known them well for over 26 years, witnessed the the amazing kindness,love and respect that this family has frequently given to others time and time again. They have opened their home to many needy lonely people and treated them with the utmost love and care. Iv'e witnessed the respect,the love he has given to his children and how they in return adore their father

I have witnessed the love,respect, the wonderful close relationship that exists between Sholom and Leah. What sort of future can they have now together. Horrific to contemplate!

I am not going to in this forum debate whether sholom is guilty or not. The US courts have made their decision and given him a prison sentence, but what I find very difficult to comprehend is the level of the sentence. How can any rational thinking person believe that it can be justified to condemn a man who has no prior criminal history, was not convicted of a violent crime, essentially to a life sentence

The justice system in America is archaic. it stinks and all I can say is thank g-d I live in Australia. I am travelling to the states in october and hope to visit sholom. I really hope Sholom somehow will have his faith and somehow keep it together.

I don't know much about this case, but ironically, I'm watching American Greed on CNBC about Sholom Mordechai. He doesn't seem like a very honest man

Posted by: concerned individual | September 16, 2011 at 10:50 PM

Welcome, to the progressive agenda, for years liberals were fighting against the draconian sentences, which were pushed by the Republican’s and Conservatives. As the Republican Party became more conservative the sentencing guidelines developed into a society where white-collar crime cold be treated harsher than violent crimes. The Eighth Circuit is hardcore conservatives Circuit, who were supported by Rubashkin and his brother in-law the Brooklyn bundler, Milton Yehoshua Balkany.

The fact remains that Rubashkin got a ridiculous 27 year sentence for inflating collateral on an existing loan he fully intended to repay.

The fact remains that Rubashkin got a perfect 27 year sentence, for showing repeatedly throughout the trial that he is utterly recalcitrant, without any insight into the fact that he committed serious crimes, and has complete disregard for the American justice system.
There is no question that he would commit similar crimes again if ever given the opportunity. He must remain in prison until he is too old to commit any more crimes.
His supporters and sycophants remain of the same mindset. They must be carefully watched by law enforcement.

WoolsilkCotton....you are an asshole who obviously is devoid of a Jewish soul. Your words are cruel, heartless and show no compassion. I doubt you have ever met him and wouldn't have a clue of who Sholom is. how dare you condemn a person and his family to a life of hell. Shame on you!!!!

As some of you may remember, I attended the oral argument. I am somewhat surprised that the sentence was not reduced based on Mr. Lewin's argument with regard to a ten year "ad on."

On the other hand it was clear that none of the judges took seriously the argument that trial Judge Reade should have rescued herself.

The fact is that Rubashkin's situation is nothing out of the ordinary in terms of federal court and the sentencing guidelines.


Rubashkin has three remaining options:

1. Ask the entire Court in Banc to review the case. It is unlikely this would happen because Lewin would have to show that the "panel" decision was at odds with an existing decision of another panel.

2. The Supreme Court could take the case but that's always a long shot in any case and her there is no real issue that jumps out-its again a garden variety fraud case.

3. President Obama or his successor could pardon him. In my humble opinion this is the most likely avenue of relief in view of previous pardons granted to MOT's. I'm guessing that the frum community will petition many people on this issue. (Remember the Clinton pardons granted to Marc Rich and the fraudsters from New Square. )

With respect to Mr. Andersen's comments. (And he makes many studious observations on this site). I think he is misinformed. There was ample evidence that the First Bank lien of credit was being used as a slush fund for frum groups and especially Chabad. I find it particularly offensive that the Courtroom was packed with supporters, not because they were present,, but because the basis of their support was that he was charitable. In fact he stole money from a bank owned by fine and charitable St. Louis family and disbursed it as he saw fit. ala Robin Hood in Men in Tights (the Mel Brooks movie). He stole from the rich and gave to the poor minus 10% for expenses.

I do think a 27 year sentence is excessive-but not illegal. I find it interesting that sonme of the same people who criticize "liberal judges" for making up law are now upset that Judge Reade simply followed the harsh federal sentencing guidelines. (Which I think should be abolished or changed).

Lewin made a fine argument but he was going upstream. The first rule of appellate law is to be the Appellee.

While I don't do criminal work I can tell you that in most situations a person face with an indictment and underlying evidence would have normally been advised to cut a deal because beating a federal court rap is very difficult. Either Rubashkin got questionable advice at the trial level or he insisted on going to trial.

++concerned individual | September 17, 2011 at 10:48 AM++

My compassion is reserved for the many victims of Rubashkin Family crimes, and there are plenty.

I am indeed fortunate never to have crossed paths with the psychopath Sholom Mordecai, who I am sure comes across as a charming gent, as so many psychopaths do.

It was he who decided to commit serious crimes and then refuse a plea deal, which could have gotten him out of prison a lot sooner. There is nobody to blame but himself. I did not decide to commit serious crimes or refuse to deal with the legal consequences. He did.
He could have agreed on a plea deal, and his lawyers could have put together a package of restitution, fines, donations to various charities in Postville, psychiatric counseling, and a relatively short prison term. But his psychopathic personality could not acknowledge any wrongdoing.

Have a nice day.

Boo hoo. All that money raised for SMR's defense, and no place for it to go other than assuring that the law team can retire in style. In the meantime, SMR can continue to memorize verses to validate his behavior and contemplate his place in heaven. SMR followers: keep on shaping the martyrdom of the new rebbe.

Wool Silk Cotton "The fact remains that Rubashkin got a perfect 27 year sentence....."
Excellent post!!

Thanks, HP.

The money pissed away on lawyers probably could have paid for all the fines, restitution, and other monies of a plea deal package.

Now the frumma world of Rubashin Ass Kissers needs to start sending gelt o'plenty to the Committee to Reelect President Obama, if they ever hope for a pardon. Somehow they need to erase all the daily Obama bashing on every frum website.

Perhaps Rubashkin's brother-in-law Balkany can send instructions from prison on how to bundle thousands of checks from individuals, each for the maximum allowable contribution.

Attention all you frumma:
Study this chart, and start making out checks to Democratic organizations, if you ever hope to see Rubashkin get out of prison.

http://www.fec.gov/pages/brochures/contriblimits.shtml

Posted by: WoolSilkCotton | September 17, 2011 at 12:22 PM

WSC, as I read concerned individual’s rant, I was ready to reply, but then I saw your 12:22 PM remarks, you said it all, no need to add on, you cover all the bases.

I agree with Andrew that one should not celebrate the downfall of someome. I still personally believe the sentence that Rubashikin received was unjust. I think that Jews have to act above and beyond approach in everything they do especailly in the US.

csiva vchasima tova,

Josh

Posted by: concerned individual | September 17, 2011 at 10:48 AM

I was hopeful that on Shabbat I will not have to read all the tirades by the Rubashkin supports, you could not stay away from the internet on Shabbat.

With respect to Mr. Andersen's comments. (And he makes many studious observations on this site). I think he is misinformed. There was ample evidence that the First Bank lien of credit was being used as a slush fund for frum groups and especially Chabad.

Norm: thank you for your kind comments. However, my reading of events is not that Chabad used the line of credit as a slush fund, but that Rubashkin simply operated virtually all of Jewish Postville -- Agriprocessors, the schools, the grocery store, the synagogue, the mikvah -- as a series of financially interlocking entities from which he would simply take from Peter to pay Paul without much forethought over the rectitude of the transactions.

What damned him, in my mind (and probably Judge Reade's) was his outright dishonesty in creating false books of account and documents to facilitate (more than to cover up) the transactions.

But by the time the trial came to pass, Pharaoh's heart had already been hardened. Years of bad faith dealing with employees, the community, labour, regulators, prosecutors and ultimately the court made it so. The increasingly severe superseding indictments and the raft of largely duplicative offenses parsed into separate charges were, in my mind, a sign of frustration and anger at what law enforcers by then saw as Rubashkin and his antics.

I think it is incontrovertible that Rubashkin was guilty. Even his supporters now focus on disparity of sentencing rather than core guilt. Still, there is something wrong with imposing a sentence that exceeds that of many killers, rapists and actual (rather than technical) fraudsters.

I am also bothered by the fact that the actual business brain of the erstwhile Rubashkin meat empire, SMR's father, escaped prosecution when he was Agriprocessors' actual chief exec and primary owner. That the son took the fall for the father may seem an admirable sacrifice, but it is morally upsetting. Had the father been a mentch, he would have 'fessed up to the prosecutors to save his son, or at least mitigate his misfortune. I suppose he will just have to take this guilt to the grave.

Posted by: Norm | September 17, 2011 at 11:59 AM

As an individual who is not lawyer, after listing to the oral arguments, I came away with the impression that the panel never had any issues with the judge recusal or the sentence netted out for Rubashkin. The only reason why they showed deference to Lewin and gave his extra fifteen minutes, was to protect the record and make sure that after their ruling nobody would have any new issues to use in the next stage of the appeal. The same as Judge Reade allocated two days for oral argument before sentencing and took time before announcing the sentence.

After the denial of a petition for cert, the defense will undoubtedly file a writ in the lower federal court.

It's been quite some time since SMR's sentencing, in which Judge Reade imposed a $26 Million or so judgement against SMR to pay back the Bank.

To date, it has not come to light, that even one cent has been paid.

This, IMHO, is the ultimate insult to fair justice, that is, although the convicted perpetrator of an injustice is serving a well earned prison sentence, the injured pary has not gotten any relief whatsoever, nor is unlikely to get any in the future.

This leaves a rhetorical question: What will it take to get the judgement paid?

Or, does the Bank have to admit to itself and it's shareholders, that it has been taken to the cleaners permanently?

OMG the strength of your position is shown by your mention of posting on shabbat if you read concerned individuals post you would have seen that he is posting from Australia where it is not Shabbat
This has been said many times previously but even the last compassionate amongst us should realize that a 27 year sentence for fraud or being in charge of a company that mistreated it's workers is way over the top ( assuming he is guilty I am not omniscient)
There seems to be a lack of empathy for the guy and it is not impossible to feel for the other victims such as the workers and the banks and feel for Shalom as well especially this time of the year

And don't forget that Round II is yet to come. A whole series of new indictments will be coming-down soon against our favorite criminals and the 20 or so Chabad Houses that helped the Rubashkins launder over $18 million - two years BEFORE the raid on the Agriprocessors plant. Wish I was lawyer!! And what about the fund raisers, caterers, printers and DVD makers who will profit magnificanetly from the next series of "Pikuach Nefesh" and "Pidyon Shevuim" scams. Has there ever been any accounting of how much money was raised for SM and how much was paid to whom? Nope. There never was....and there never will.

It's always "this time of year" or some other time of year when we are supposed to give crooks a break because of some upcoming Yom Tov. What a religion.

If you're a crook and you want sympathy from me, show me some utterance of regret or remorse. You will not get any sympathy if you are a recalcitrant criminal who shows no evidence of recognizing that he did anything wrong. Patting you on the back and paying your legal fees will only enable you to go and commit more crimes. Sorry, no can do. Find another patsy.

Same applies for members of my family who have gotten themselves into serious legal trouble.

My advice to family members who have committed a crime:
1. Keep your mouth shut.
2. Hire a competent lawyer and do what he says.
3. Act 100% sorrowful and remorseful in front of the judge.
4. Find out how much of a check you have to write to make the problem go away. The sooner and better.
5. SETTLE SETTLE SETTLE. Offer money for restitution and fines, volunteer to go for psychological counseling or retraining, make donations to appropriate charities, and whatever else it takes to avoid or minimize jail time.

How many of these tidbits of advice did SMR take? Answer: zero.

This is what I tried to post on VIN, so far they didn’t post it.
Nat Lewin, is one of the best lawyers in the country, how do I know that, he thinks so. As he said during all the supporting money collection meetings, that the Judge and prosecutors are an anti-Semites. That was a lie, and so all the other misstatements he made, all had only one purpose, to get money from hard working people, who were willing to sell their jewelry to help a Jew, but instead helped a fraudster who was convicted in court of law. If his lawyers really wanted to help Rubashkins, they should have made Rubashkin understand the facts, it is always a lot better to cop a plea and only get twelve years, than twenty-seven years. Now every day Rubashkin spends beyond the twelve year in jail, he should say thank you to his lawyers. Additionally, thank you all who said that if I print the Tanya, I will win, or if during the trial, I have the photo of the Rebbe with me .I will win. Yes, you all are at fault.

When someone accuses the justice system of being 'evil born bad anti-semites' then the government will close ranks tighter than a bunch of Satmars at a Zionist convention.

Will they work unpaid overtime, work weekends and nights to keep Rubashkin in jail? Hell Yes!!

Wendy Weiner Runge found herself doing up to ten years in a Iowa prison for playing the anti-semite card THEN she puts on a blog and denies all wrong doing!

Wait till they drag that Arab supervisor back from Israel, ol Rubashkin will get maybe another 25 years

Rot in prison sucker!

If he had been interested in a plea deal early on, his lawyers might have even been able to negotiate it down to less than 12 years. I guess we'll never know.

Both of my posts from yesterday are riddled with errors. In my first post, I thought the ruling did not cover the sentencing; I did not carefully read the last few pages of the actual decision posted above. After reading Norm's comments above, I went back to read the decision again and found the last few pages of the decision affirms the 27 year sentence. Tony Ley's later report for the Des Moines Register finally reports this:
http://www.desmoinesregister.com/article/20110917/NEWS/309170026/-1/SPORTS09/Court-denies-Rubashkin-new-trial

A tip of the hat to Norm for this.

A lot of typos in my second entry; here is the corrected version:

"An updated AP report, posted by such sites as KCRG-TV:
http://www.kcrg.com/news/local/Appeals-Court-Says-No-New-Trial-for-Rubashkin-129959173.html
reports the AP received an email from attorney Guy Cook stating the decision would be appealed to the US Supreme Court."

Try this link for the Register article:

http://www.desmoinesregister.com/article/20110917/NEWS/
309170026/-1/SPORTS09/Court-denies-Rubashkin-new-trial

Lewin is speaking on the Zev Brenner show right now:
http://talklinecommunications.com

B"H

Judge Reade has this case before her now.

2 Non Jews who stole over $50 million.

They pled guilty

Lets see if they get 27 year sentences.

http://www.infozine.com/news/stories/op/storiesView/sid/49019/

Remember-- Jonathan Pollard made a "plea agreement" with the same FEDERAL GOVERNMENT that was supposed to be he would not get life in prison. AFTER pleading guilty guess what he got? Jonathan (jewish) Pollard got life.

If you have not read
The Secret War Against the Jews: How Western Espionage Betrayed The Jewish People (9780312156480): John Loftus, Mark Aarons: Books

and

Territory of Lies: The Exclusive Story of Jonathan Jay Pollard : The American Who Spied on His Country for Israel and How He Was Betrayed

After reading these 2 books then you are qualified to have opinions on how a jew is treated in american justice system.

Perhaps the behavior of the Jewish commisars in the Ukraine during the 1920's and 1930's which resulted in a genocide which killed many more "goyim" than Hitler killed Jews is an example?
===
The "Jewish Commissars" who were behind that (working with non-Jews as well) were self-hating Jewish Communists with ideology similar to that of Shmarya or Robert Wisler. They also persecuted Jews for keeping Yiddishkeit. In the end, they were liquidated - just a bunch of sociopaths working for Stalin who was the biggest sociopath of them all.

But of course for the self-haters, any renegade Jew will do fine as the cause for anti-Semitism.

May you all be zoiche to the rewards of Velamalshenim in 5772. Cancer and ALS are too good for Shmarya and his minions.

Most of all, may you be so humiliated that you have to roll to the nearest Chabad House for food and money to keep the utilities from turning off the power to your medical equipment.

Posted by: Simple Jew | September 18, 2011 at 01:12 AM

Simple mined Jew; you missed the pertinent word, “They pled guilty” case closed.

By the way, there was no "genocide." That was not the case in 1648-9 when the ancestors of the victims of Stalin's forced collectivization policies committed genocide against Jews under Chmelnicki.

But of course to Wisler, Chmelnicki was a victim rebelling against those evil Joooooz whose only crime was to succeed and attract the notice of Polish absentee landlords who took advantage of their managerial talent.

Anti-Semitism occurs largely because of Jews like yourselves who hate themselves and the rest of us. I do not blame you for hating yourselves - the world would have been a better place had you never been born - but that is not the fault of any Jews other than your parents.

Posted by: Failed Liars | September 18, 2011 at 01:18 AM

You foulmouthed vermin, if you are religious I don’t want to be part of your religion. I despise parasites like you.

Posted by: Simple Jew | September 18, 2011 at 01:12 AM

You really continue to show that you are incapable of any independent thought, and that you know next to nothing about the things you comment on.

Pleading guilty almost always gets a person a lighter sentence than going to trial.

Rubashkin turned down a plea deal that came with a 12 year sentence.

So you're question should be twofold:

1. How do these people's sentences compare to that 12 year sentence?

2. Using the US Sentencing Guidelines, what should these people be sentenced to? Rubashkin should have received anywhere from 22 to 30 years under the sentencing guidelines.

You see, there is a process to all of this,

What you do in your particular cult-like manner to pretend there is no process, that there is no difference between pleading guilty and going to trial, and then you whine about antisemitism when and where there is none.

You should be ashamed of yourself.

B"H

OMG --- are you serious?

That is EXACTLY my point.

The best example I know of where an american jew PLED GUILTY would be JONATHAN POLLARD-- do you think he was dealt a fair deal when they had an agreement of "several years" but he got LIFE?

OMG, you are the parasite and it is YOU whom WE write out - but you come to our doorsteps anyway when you need help.

B"H

OMG --- are you serious?

That is EXACTLY my point.

The best example I know of where an american jew PLED GUILTY would be JONATHAN POLLARD-- do you think he was dealt a fair deal when they had an agreement of "several years" but he got LIFE?

Posted by: Simple Jew | September 18, 2011 at 01:58 AM

First of all, a spying case is not exactly normal to begin with.

Secondly, Pollard allegedly compromised US security.

But even if your understanding of the case is correct, you can't judge the norm by an exception to that norm.

That happens to be a halakhic statement as well as a statement of logic.

I expect you will fail to understand either.

B"H

Shmarya

If you are answering a question posed to OMG does that mean you are OMG? Or are you answering for OMG because you feel they are not capable?

But as long as you are answering are you now at the level that you are posting that you feel Pollard WAS treated fairly by US Govt?

B"H

Shmarya

If you are answering a question posed to OMG does that mean you are OMG? Or are you answering for OMG because you feel they are not capable?

But as long as you are answering are you now at the level that you are posting that you feel Pollard WAS treated fairly by US Govt?

Posted by: Simple Jew | September 18, 2011 at 02:41 AM

I'm on the level of pointing out that you are dishonest, that you are willfully ignorant, and that you have no capacity to speak of to learn or to change.

I hope that is clear enough for you, although I doubt it is.

Failed Liar can't handle that he gave lots of his hard-earned money to line the pockets of a bunch of lawyers, which supposedly was supposed to help Rubashkin, if everyone davened enough and said enough Tanya AND GAVE ENOUGH MONEY FOR THE LEGAL FEES!!

He's a sore loser, now that the lawyers are laughing all the way to the bank, Rubashkin is still rotting in jail, and all that money and davening did nothing except put Rubashkin in the news AGAIN - which makes more of a Chillul Hashem.

So, he attacks everyone who called out the Emperor for having no clothes.

Why are no funds and tehillim rallies being organized for the dozen other guys who got caught at financial crimes? Oh, because they weren't providing the FRUM community with cheap meat - do we don't have to feel guilty about their crimes and defend them. Or, maybe they didn't throw enough money around for PR campaigns. Whatever the reason, it is very telling that there is fraud case after fraud case of frum men lying, cheating and stealing, and Rubashkin Shlita is the one who is being held up as a tzaddik hador that we need to save from the horrible, evil, Anti-Semitic USA government.

All that money spent on lawyers should have gone to the poor or to pay restitution or to help his victims (pay them for the healthcare they didn't get or the wages they were cheated, etc.).

But no - making a newsletter called "Sholom Across America" and having CHILDREN write letters to a convicted felon who committed countless crimes, is all the Frum world can envision.

And while you LOVE to talk of Teshuva this time of year - WHERE is Sholom Rubashkin's apology to ME - a frum person who is made to look like crap from all the crimes this obviously frum, deeply religious, yarmulka-ed, beard-ed, and bekesha-ed man did to smear my name as an Orthodox Jew across the headlines day after day after day?

So, c'mon Sholom - where's YOUR Teshuva? Oh, you mean you're a tzaddik and you did nothing wrong? Silly me, I forgot.

2 excerpts from the DesMoines Register article:

http://www.desmoinesregister.com/article/20110917/NEWS/309170026/-1/SPORTS09/Court-denies-Rubashkin-new-trial

Cook said ... his client would keep trying to clear his name. “He’s extremely observant of his Jewish faith, and places his faith in his God,” Cook said.

Um, yeah, especially since he's being bankrolled by the frum community with millions of dollars which should be feeding, clothing and housing the poor.

The Rubashkin family released a statement calling the ruling a “rubber stamp” on an outrageous court outcome. “We trust that the Supreme Court will correct this massive injustice when the case is presented for the Supreme Court’s review,” the statement said.

How many fraudsters do you know of who were able to AFFORD, forget about have the GALL to, take their cases to the Supreme Court?! Going to the Supreme Court with this case is the height of chutzpa, and a huge embarrassment for the frum community, even if they refuse to see it that way. It's simply disgusting. Go ahead and work behind the scenes to have his sentence commuted by an outgoing president, but, please - spare us the pushing (and bankrolling!) of this straightforward case of money fraud going before the highest court in the country. It is pathetic that they have no shame...

Posted by: Simple Jew | September 18, 2011 at 01:12 AM

Simple mined Jew; you missed the pertinent word, “They pled guilty” case closed.


Posted by: OMG | September 18, 2011 at 01:23 AM

A sentence in that article starts with:
"According to theplea agreements,.....".

Also,
"Under federal statutes, Brown and Smith are each subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office."

So, we have not only a guilty plea but a plea bargain. As to "Lets see if they get 27 year sentences", could be if the defendents committed enough perjury at their court appearances.

Sure hope someone has a recording of the 75-minute or so segment of Zev Brenner's show of September 18th. In it, Lewin states the Appeals Court decision was a white wash. The appeals court found nothing wrong with Judge Reade's handling of the trial or sentencing. He seems to think that it is impossible.

He also kept harping on the fact that Judge Reade was involved in the planning of the raid. He is effectively advocating that people's taxes must go up so that the federal court system can hire additional judges that only sign search warrants and plan for the arraignment and trial of people apprehended in large scale raids. Good luck.

Most people who appear for free on radio or TV these days have something to sell. In this case, it is legal services.

No doubt we will see another round of fund raising for the appeal to the Supreme Court. I hope we get some people who find this thread on FM while searching the Internet to decide if they should contribute money to the Rubashkin defense efforts.

Pollard's crimes, which included violations of the absolute highest levels of American security, which had never before been done, deserved the death penalty.
Previous spies who sold American security secrets were given the death penalty.
The entire State Department and Pentagon were outraged when the magnitude and extent of Pollard's crimes were discovered. They were further outraged to learn that a plea deal was tentatively reached. It is not a surprise that it was rescinded.

Pollard deserves the death penalty. Maybe it's time for his supporters to STFU.

Failed Liars and SImple Jew, zum neyen yahr, may all frumma crooks get the same as Rubashkin, Samet, and Pollard.

Amen.

Posted by: Simple Jew | September 18, 2011 at 01:58 AM

Simple-minded Jew, are you comparing a watermelon to an apple. The Pollard case was an anomaly, Secretary of Defense Caspar Weinberger, wrote a secret memo to the judge, which we never saw. I do not condone what they did to Pollard, as I do not ignore the draconian sentencing guideline for white-collar crimes, but that is not a refection against our legal system vis-à-vis, Jews.

Posted by: Failed Liars | September 18, 2011 at 02:08 AM

Definitely, you are delusional, first, you believe that I need your help, second, I never asked for any help let alone help from your kind. Third, I do not live in your community but you make it sound like there are long lines of people who are seeking your help. Not sure if it is financial aid or any other aid, which you claim, you dispense. At the end, you woke up in a sweat and you found yourself back in the same bed you crawled into, in the beginning of your venture, nothing to show for, but a wasted and delusional life.

B"H

OMG

I think that you are not getting my point that when people say "SMR should have pled guilty" they don't realize that what happened to Pollard could have happened to him.

Judge Reade is known as being a very tough judge. She routintely sentences people to double digit sentences when they plead guilty.

Hashem runs the world. We need his rachmonus not human judges.

We will continue to give till it hurts to help SMR.

Simple Jew, it is amazing how you have such a twisted view of the justice system. You only know about Judge Reade what the Chabad Lie Machine tells you. The Pollard case was extremely unusual in American history. Rubashkin was just another usual filthy unrepentant crook.

If Rubashkin had offered to make a plea deal early on, as I'm sure his lawyers advised him to do, and both sides had agreed to the terms, the judge would have gone along with it. That's what judges do. What Pollard was extraordinary, and reached the highest levels of anger from government leadership. What Rubashkin did was just like so many other criminals who just don't get that what they did was a serious crime.

Hashem gave him plenty of opportunities and plenty of lawyers to extract himself from his mess with a much shorter sentence, but SMR's arrogance was too big. So keep giving until it hurts.

Posted by: Simple Jew | September 18, 2011 at 12:02 PM

Simple-minded Jew you are contradicting yourself, your @ 1:12 AM post is premised on the fact that your comparative case with an none Jewish defendant, you wrote “2 Non Jews who stole over $50 million” that because they are none Jews lets (sic) see how judge Reade will sentence them. You are implying that that case would have a different outcome because the defendant is not Jewish. Now you wrote, “Judge Reade is known as being a very tough judge. She routintely (sic) sentences people to double digit sentences when they plead guilty.” Finally, you are admitting that the issue is not that SMR was Jewish but that the Judge is routinely netting out harsh sentences, solely based on the draconian sentencing guidelines.

very upsetting that people cheer these type of ridiculous sentences. First they came for the mentally ill, then for the communists, then for the jews, then for me....

RON PAUL 2012

Having become predictably sick reading the bile spewed by WoolSilkCotton, OMG, and their fellow Kapos, the posts by Hecht, Anderson and a few others were refreshing.

Is it that hard to feel some compassion for a man who, by all accounts, was an extremely generous and kindhearted individual? Yes, he clearly made some mistakes, but any normal human being sees that his punishment was grossly disproportionate both to the crimes he was convicted of, and to any remotely comparable case. Verdict or not, it's quite clear that Linda Reade stacked the deck against Rubashkin at every turn - he may be guilty , but he certainly did not have a fair trial. So now WoolSilkCotton and OMG come to piss on his grave - how very civilized. Tell us, WSC,OMG et al, how many innocents did your papa pack into the crematorium to save his miserable self? And now we have to suffer your obtuse lack of humanity as a result?! Why?

The way a man judges is he judged, I wonder what's in store for all you vile animals dancing at anothers misfortune. Sick.

Making up stories about my views does not bother me, call me Kapo or Hitler or any other adjective, but my father RIP, does not deserve any name-calling. It goes to show that you do not practices what you preach. At least I say what I believe, and I am not afraid to call a spade, a spade. You on the hand, claim to be special because you adhere to a certain religious cult. Nevertheless, you besmirch a death person’s name, who survived the holocaust after his wife and children were killed.

My Father RIP came to our country, naked without a penny and he worked hard until two weeks before he died at eighty eight years old, and never stole or took money from the government. More important my father had a consumable store, were some of our customers were Puerto Ricans, but he never mistreated even one person on the other end of the spectrum. But, your holy Rubashkin, treaded his none Jewish employees as chattels. Therefore, why don’t you find a tall bridge, and jump into the ocean, maybe the death Rebbe will save you.

Sure- your father was Mother Teresa after a sex change.... and the rotten apple that is you simply rolled far from the tree :)

Who you are and where you come from is obvious to anyone reading your vile rants.

Or was your father one of the 'good' Kapos, you know, obeying the 'dina demalkhuta' of the German republic, lol!!

Posted by: RK | September 18, 2011 at 10:00 PM

This kind of really sick hatred is what makes you Chabadniks so "special."

Your dead rebbe and his father-in-law had bad records during the Holocaust, you know.

Perhaps I should do a post or two on them to refresh your memory.

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