Cedar Rapids, Iowa – Judge Nixes Petition To Shorten Rubashkin Sentence, Defense Team Vows Appeal


    FILE - Sholom Rubashkin, left, talks with Defense Attorney F. Montgomery Brown during a break at the Black Hawk County Courthouse on May, 10, 2010, in Waterloo, Iowa. (RICK TIBBOTT / Courier Staff Photographer)Cedar Rapids, Iowa – The federal judge who sentenced Sholom Mordechai Rubashkin to 27 years in prison has denied a petition seeking a new sentencing hearing that could lead to an earlier release for the 57 year old father of ten.

    The Des Moines Register reported that Chief U.S. District Court Judge Linda Reade slammed Rubashkin’s attorneys, accusing them of “mudslinging” that she categorized as “wholly inappropriate” and “embellishing” their claims in the hopes of winning a new hearing for their client.

    As previously reported on VIN News (http://bit.ly/2kz1DYk), Rubashkin’s legal team said in March that they had uncovered overwhelming evidence that prosecutors had improperly interfered with the sale of Rubashkn’s Agriprocessors plant in Postville, depressing the price of the business which ultimately led to a lengthier sentence for their client.

    Dozens of legal heavyweights including former attorneys general, FBI directors and high level elected officials signed a petition in May calling on U.S. Attorney Kevin Tachau to correct the “miscarriage of justice” that had taken place during the Rubashkin trial.

    Reade chastised the Rubashkin legal team for resorting to unjustly smear prosecutors’ reputation and said that the sentence was appropriate under the circumstances.

    In her ruling, Reade said that Rubashkin repeatedly attempted to obstruct justice and had never accepted responsibility for his actions.

    “(Rubashkin) orchestrated a massive criminal scheme that impacted a very large community, that is, defrauded financial institutions for approximately 10 years, harbored an illegal workforce and laundered millions of dollars in an effort to provide kosher products across the nation,” wrote Reade.

    Rubashkin defense attorney Guy Cook said that he will appeal Reade’s decision, noting the prominent body of individuals who signed the May petition.

    “They are familiar with the facts,” said Cook. “They are familiar with the briefs and they have called on the Department of Justice to correct the injustice in this case.”

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      • Any the same to you….while you may legitimately disagree with the Judge’s order, her decisions have been upheld on appeal and the Supreme court has denied cert. For your despicable comments, chazal tell us you are likely to suffer the fate you wish on others.

    1. For the life of me, I can’t figure this out! Is there no way around Reade? Do they expect her to say, “Yes! I messed up. I deliberately persecuted this Jew.”
      Get this in front of a different judge that’s not blinded!

    2. I can’t understand why Jared Kushner, Kedllyanne Conway, Trump, or others on his team, are not contacted by Yidden, with a massive letter writing campaign, not only on behalf of Rubashkin, but also on behalf of Jonathan Pollard. As Trump would always state “What the heck do we have to lose”?

    3. Nobody should comment on this issue without reading the entire 54 page sentencing document. Judge Reade goes through other cases where a shorter sentence was pronounced, and shows how the mitigating factors were lacking in Rubashkin. Other criminals had the sense to admit wrongdoing, try to make restitution and not slander the judge and prosecutor. She also emphasizes that every single month for as much as ten years Rubashkin would forge accounts receivable in order to borrow more than allowed by the bank.

      He committed these forgeries because he had to. His business was a house of cards, and any crisis would have made it collapse. Yes, he had paid the bank bank until now. So did Madoff pay back his investors until suddenly he could not.

      The chillul Hashem was compounded in this case by the nature of Rubashkin’s business. Kosher meat is not the same as real estate or a hedge fund. See what R. Kamenetsky had to say when people were caught smuggling diamonds in tefillen cases.

      • I stand with you on fraud. Fraud is fraud! We must not countenance it! However, the Judge and the prosecution here colluded and engaged in vast prosecutorial misconduct! This too cannot be tolerated! The sentence imposed is enormous and this is undoubtedly because Rubashkin is an Orthodox Jew. He has served his time and needs to be released.

        • The Eight Circuit Court of Appeals ruled against a new trial and the Supreme Court upheld their decision. Either they are all hopeless antisemites, or perhaps the alleged misconduct was not “vast and serious”. Remember that if a new trial were granted, the government could re-open the immigration charges, and Rubashkin could end up with even more jail time than he has now.

          Congress is responsible for mandating very severe sentences, after public outrage at the Enron scandal and other financial crimes. Examples: Chalana McFarland, 30 years. Thomas Petters, 50 years. Bernie Madoff, 150 years Keith Pound, 750 years. Have any of you asked your congressmen to change the law?

          • Your ignorance is showing.
            The Eighth Circuit Court of Appeals ruled against a new trial, after Judge Linda Reade switched her schedule around so she was presiding at the time that the appeal was heard. Nothing suspicious there now, is there!!?! The Supreme Court declined to hear the appeal, they did not uphold it. The government can not re-open immigration charges since they dismissed them all. Now why would they do that, hmmm? Certainly not because they knew that they were bogus!

            All the examples you cite just emphasize the travesty of justice in the Rubashkin case. Take McFarland. She stole more than 3.5 BILLION from hundreds of individuals. (Leave aside that she (and the others you cited) spent her money on a lavish, extravagant lifestyle – something Rubashkin can nary be accused of!) If 3.5 billion gets 50 years, how much should 27 million get proportionally? (Setting aside that the 27 million figure represents a loss to a single banking institution that was caused by the viscous interference of the prosecution in the sale of the company – as proven in documents submitted to the court!)

            Get off your high horse of self-righteousness obtained at the expense of the suffering of

      • your written statement shows how shallow your understanding is of the whole issue, missing the bigger picture. hence you should abstain from stating your opinion when your totally off the mark !

      • Chaim Eliezer, don’t denounce antisemitism without reading the entire Mein Kampf document. The author brilliantly provides proof that the Jews are manipulative shysters who control media, government and finance.

        For those crimes and the ensuing chillul Hashem, compounded by their unrepentant stance of not accepting the prophet Mohammed, they surely deserve the scorn and abuse of the nations.

      • Even if you are correct, in an era where the USA has the highest incarceration rate, we should reconsider incarcerations of non violent criminals. That should not be exclusive to drug offenders. It should include white collar criminals too. I fail to see the difference. And both parties agree to this theory. Frankly Rubashkin did his time already and I don’t see any recidivism threat here.

    4. what can u expect when the proverbial fox is guarding the chicken coop
      any other decision on her part would be an admission of wrong doing and partiality which we are all aware after the facts came out that shes GUILTY BEYOND A REASONABLE DOUBT WHEN EVEN BEING INVOLVED IN THE PLANNING OF THE INITIAL RAID

    5. Judge Reade is well known for handing down very tough sentences to all who are found guilty in her courtroom.

      How can we complain about her when we all support right wing law and order candidates?

      What’s good for the goose….


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