Trish Mehaffey • Gazette
Former Agriprocessors vice president Sholom Rubashkin filed a motion today in U.S. District Court for an acquittal on the 86 counts he was convicted of last week, and is also asking for a new trial on those charges.
The motion contends there was insufficient evidence to sustain the conviction on the bank fraud, money laundering and other charges. Reasons cited in the brief include:
Evidence presented in trial in regards to the non payment of livestock didn’t prove Rubashkin was responsible for the checks issued to cattle suppliers.
The government didn’t prove the alleged laundering involved “proceeds” as required for a conviction. Rubashkin didn’t retain any profits, it all went to expenses, according to the motion.
Merging the money laundering counts as part of the underlying frauds and false statements to the bank doesn’t meet the legal criteria for merging those counts.
The conviction on more than one count of bank fraud violates Rubashkin’s right against double jeopardy for multiple convictions for the same act.
Rubashkin, 50, former vice president of Agriprocessors, was convicted by a Sioux Falls, S.D., jury of 86 counts of bank, wire and mail fraud, non payment of livestock, making false statements to a bank and money laundering. The charges stem from the May 2008 immigration raid at the Postville meatpacking plant.
Here is the full 19 page motion as a PDF file:
[Hat Tip: The Other DK.]