In other words, what I've been saying all along happened: Rubashkin refused to cooperate with the government in any way, while at the same time he obstructed justice by destroying and hiding evidence. And he has refused to provide the financial records needed for restitution.
Here's the Matzav.com report:
Special Matzav Report: Late Friday afternoon, the United States Attorney’s office of the Northern District of Iowa filed their sentencing memorandum with the court and in it asked that the Court should impose a sentence consistent with the “guideline range calculated by the U.S. Probation Office.” The Probation office calculated the total offense level at 45; but since the Sentencing Table caps at level 43, the Probation office calculated the total offense level at 43. An offense level of 43 provides for a life sentence under the sentencing guidelines.
Most Jews in America today truly want to believe that Anti-Semitism is not really a problem in this country. We talk about the growing Anti-Semitism in Europe, in countries like France and England. Most responsible Jewish leaders are so afraid to use those two dirty words. They say “we can’t prove it and we have to stop with the victim mentality”. Sorry to break the news to you: anti-Semitism is alive and well in the United States of America.
Those unfamiliar with the case might think this is a murder case, a child abuse case or a case involving a repeat violent offender. Wrong again. This is the case of a Chasidic Jew who is a first time nonviolent offender. His crime was submitting false reports to the bank regarding the security for the bank’s loan. Because the bank refused some very good offers from companies that wanted to buy Agri for as much as 21 million dollars the bank ultimately had a loss of 27 million dollars.
No one is condoning criminal behavior. No one is above the law. If you commit the crime you have to do the time, however the punishment has to fit the crime. In addition, every case is different and the details and circumstances of the crime and the purpose and scope of the crime have to be part of the punishment equation. Even the prosecutors agree that Mr. Rubashkin did not gain personally from this crime and that the only reason why he committed the crime was to try to save his father’s business from going under after the government decimated the company with an Immigration and Customs Enforcement raid.
To put the sentence being sought in the Rubashkin case in perspective, one can look at the case of Mark Turckan, the president of a St. Louis bank, pleaded guilty in early 2009 to a 21-year cover-up of misapplying funds. He was found to have caused a 25-million dollar loss, the prosecutors asked for a 63 to 78-month sentence, and he was sentenced in a Missouri federal court in June 2009 to one year and a day in prison!
So you may be wondering: why is it that the government is asking for life in prison in this case? The answer unfortunately is the two words no one wants to hear: Anti-Semitism. Of course it is a lot more complicated and detailed and no one called anyone a dirty Jew or painted a swastika so of course there is no proof. However no one needs swastika’s to know that
Sholom Rubashkin is being treated differently because he is a Chasidic Jew living in IA.
So we have two choices we can continue to shake our heads and stay silent and do nothing about this injustice or we can make our voices heard. We can make believe this is not Anti-Semitism or we can call a spade a spade. We must voice our opinions and exercise our right to freedom of speech and demand that the Attorney General of the United States of America stop this insanity now. Where are all the fighters for freedom and Democracy and equal treatment for all. Where are all the politicians that scream about racism, and bigotry?
Here is what you can do today:
1. Please send out emails to your email lists asking them to help in this effort.
2. Please sign an online petition available at: http://www.thepetitionsite.com/2/fair-and-equal-justice-for-sholom-rubashkin
3. Please call the Justice Department’s Intergovernmental and Public Liaison Office 202.514.3465 and express your reservations and concerns and ask them to give your message to Attorney General Holder. They will be counting every phone call that comes in.
4. Please email or send a fax to the Department of Justice at [email protected] or 202.514.2504 and ask them to forward your email to Attorney General Eric Holder. Each and every email or fax that comes in will be counted and read. It is also very important that you blind copy [email protected] and send copies of your faxed letters to 212.918.3468 and ask them to forward your email to Attorney General Holder. (It is also very important that you blind copy [email protected] as we will be requesting that those who wrote well written emails forward their email directly to the US Attorney of Iowa).
5. The Rubashkin family is also looking for politicians or respected members of the legal profession to weigh in on this matter before sentencing. If you know of any law Professors, former Judges, former US Attorneys, former state prosecutors or former law enforcement officials and or Justice officials who are willing to write letters or sign on to a letter on Sholom Rubashkin’s behalf, please email [email protected]…
The Government's Rubashkin Sentencing Memorandum as a PDF file: