Rubashkin's attorneys ask for no more than 6 years in prison
BY GRANT SCHULTE • Des Moines Register
Lawyers for former eastern Iowa slaughterhouse executive Sholom Rubashkin asked a judge Friday to sentence their client to no more than six years in prison.
Rubashkin’s legal team argued in court papers that the former Postville meat plant officer “lost his way” and did not personally profit from a fraud scheme and use of illegal immigrant workers at Agriprocessors Inc.
Rubashkin was convicted in November of 86 fraud-related crimes for his part in a scheme to falsify bank and sales records. Prosecutors had charged him with 91 counts including bank, mail and wire fraud, false statements to a bank, and failing to pay cattle providers in the time required by law.
Agriprocessors Inc. was the site of a May 2008 immigration raid that led to the arrest of 389 illegal workers. The plant slipped into bankruptcy but emerged under new ownership as Agri Star.
Prosecutors indicated in December that they would recommend a 21- to 27-year prison term for Rubashkin.
The suggested sentence — which a judge can accept or ignore — is based on federal guidelines that consider the number of victims, Rubashkin’s specific role in the crime and other factors.
U.S. District Chief Judge Linda Reade has set a two-day sentence hearing for Rubashkin on April 28 and 29 in Cedar Rapids. Rubashkin has been held without bond in the Linn County Jail.
In court papers, defense lawyers said Rubashkin has lived a life of “selfless contributions to both the Jewish community and the greater community at large.”
His attorneys also pointed to an online petition with 16,000 names that asks for a “compassionate and merciful sentence.”
“He didn’t rob, steal or cheat anyone,” said defense lawyer Guy Cook. “It’s not a bank robbery. It was motivated by honoring his father, which is a big part of his religion . . . and trying to keep his father’s business afloat.”
The U.S. attorneys who prosecuted Rubashkin argued at trial that the 51-year-old’s religion and past charity work were irrelevant to his charges. They also disputed Rubashkin’s claims that he was an incompetent manager who was unaware of the fraud and illegal immigrant work force.
Here are quotes from the memorandum submitted by Rubashkin to the court Friday:
Religious Obligation
…Sholom Rubashkin committed the offense conduct, not for personal gain, or out of greed, but in order to continue what he viewed as the critical Lubavitch mission of providing Kosher food to the Jewish community.
Mr. Rubashkin felt obliged, both because of his religion, and as a son, to keep his father’s business going.…
Charitable Giving
…Sholom Rubashkin has demonstrated himself to be an unusually generous giver. Mr. Rubashkin personally and through Agriprocessors donated very generously to schools and organizations. Between December, 2006 and October, 2008, donations of $445,404 were made to charities, including Colel Chabad, an organization in Israel that sends hot meals to homebound seniors ($1,800/month), Yad L’Yeled Meyuchad ($1,000/mo), an organization which assists special needs children and their families. Mr. Rubashkin donated money to several Israeli schools dedicated to support Jewish scholars. Sholom Rubashkin and Agriprocessors contributed $10,000 to renovations to the Postville Swimming pool, $25,000 for a project to construct a day care center, $15,000 to open a YMCA, money for the library expansion, annual donations to the fire department to include $10,000 per year ($5,000 from Agri and $5,000 from the family’s company, Nevel), and $1,000 to the police department to purchase a narcotics dog. Agriprocessors and defendant were major sponsors of summer activities for children, including Blackhawk water skiing and speed boating.
Mr. Rubashkin's financial generosity included the broader community of Postville. Notably, Sholom had Agriprocessors fund dental care for poor children in the Postville public schools. This funding enabled a local dentist, Dr. Kolarich, to provide care to children who he otherwise could not have treated. Sholom contributed generously to numerous local projects, including selling part of his own property at a loss to an independent living center. The Rubashkin family also participated and donated money and meat for raffles and prizes to many annual community events including: Agriculture/Industry Days, Taste of Postville, Homecoming, Graduation/Prom, and local sports teams.
All of these financial contributions, however, are dwarfed by Mr. Rubashkin's extraordinary generosity to individuals. For example, when the Kellers’ daughter became seriously ill, they lacked the funds to pay for needed medical treatment at the Mayo Clinic. The treatment was necessary to preserve their daughter’s leg. Rabbi Keller approached Sholom to request a loan. Sholom not only told him he would pay for all of her treatments and not to worry about it, but expressed genuine care and concern for the child. The Kellers have described Mr. Rubashkin’s genuine caring and concern for their child.…
Autistic Son
…In Spero, the defendant, Chaim Spero, (who incidentally is a Hasidic Jew as is Mr. Rubashkin) pled guilty to bank fraud and was sentenced to five years probation, six months community confinement, and six months home detention. His sentence reflected the district court’s grant of an eight-level downward departure based on the defendant, Spero, having, like Mr. Rubashkin, an autistic child and the need for the parent and child to remain together.… [Unlike Rubashkin, Spero – a Litvak, BTW, not a hasid – immediately admitted guilt, made full restoration, and completely cooperated with the government. – Shmarya.]
Mental Condition
…This Court also should consider that, during the time of the offense conduct, defendant Rubashkin suffered from Major Depressive Disorder. Defendant will submit additional information regarding his mental condition prior to the time of sentencing. Defendant's depression is an extraordinary mental condition that affected him during the period of the offense conduct, impaired his judgment and attention, and combined with his upbringing and religion to make it almost impossible for him to oppose his father and leave the business.… Mr. Rubashkin had crying fits during the time he worked at Agriprocessors. He feel that he became more depressed around 1998/1999 when he realized that he was not making progress despite increased responsibilities, particularly financial responsibilities. The situation worsened to the point where he told his father he could no longer handle dealing with the finances of the business. He was given checks to deposit that he suspected could not be covered. When he would call to report the situation to his father, his father would tell him the money was forthcoming in a few days. He was constantly juggling money and had to face the people at the bank on a nearly daily basis. At one point, he refused to go to the bank because he could not stand to deal with the humiliation of the money situation.…Mr. Rubashkin was so distressed by the situation that he would bang his head against the wall. His wife was so upset about his state of mind that she insisted he consult his doctor. When he refused, she described his dire mental condition to his internist who prescribed a medication (Xanax) for his anxiety.…
DEFENDANTS MOTION FOR DOWNWARD DEPARTURE AND/OR VARIANCE as a PDF file:
Download [Rubashkin 4-9-10] DEFENDANTS MOTION FOR DOWNWARD DEPARTURE AND:OR VARIANCE