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date=April 17, 2010 | date=April 17, 2010 |
url=http://www.desmoinesregister.com/article/20100417/NEWS/4170322/-1/BUSINESS04/Prosecutors-Rubashkin-deserves-life-in-prison }}</ref> url=http://www.desmoinesregister.com/article/20100417/NEWS/4170322/-1/BUSINESS04/Prosecutors-Rubashkin-deserves-life-in-prison }}</ref>

==Injustice Concerns==
Many public and well known figures are concern about the sentencing proposed by the prosecution.
Former United States District attorneys, Such as Brett Tolman Esq., and Law professors from prestigious universities like the Felix Frankfurter Professor of Law at Harvard Law School, Alan Dershowitz, called attention to obvious problems and prejudice in the proposed sentence from the prosecution.

While Mr. Rubashkin was found guilty by a jury, the sentence being proposed is way out of proportion.
Firstly, The loan was not in default before the raid. The bank made $21 million dollars in interest from the loan, while it was being paid ontime.
Secondly, Character. Mr Rubashkin did not use this money to live a rich lifestyle. He lived a modest life and all this money went to help keep the company afloat after the raid.
Thirdly, special circumstances. Mr Rubashkin has a family with 10 children including a severely autistic son.

Mr Rubashkin is facing a punishment worse than Aircraft hijackers, rapists, kidnappers or drug kingpins.



==References== ==References==

Revision as of 20:22, 23 April 2010

Sholom Rubashkin is the former CEO of the Glatt kosher Agriprocessors slaughterhouse in Postville, Iowa. Rubashkin took over from his father Aaron Rubashkin, who founded the plant in 1987. Sholom resigned shortly after federal agents raided Agriprocessors in May 2008. The raid resulted in the arrests and deportations of about 270 mostly Guatemalan undocumented workers. (See main article Postville Raid).

Child Labor violations

On September 9, 2008, Rubashkin, along with his father, Agriprocessors and two other managers were each charged with more than 9,000 violations of child labor laws.

Arrests

On October 30, 2008 Rubashkin was arrested on federal conspiracy charges of harboring illegal immigrants and aiding and abetting aggravated identity theft. The same day, after making an initial court appearance, he was released on the following conditions: He must wear an ankle bracelet that tracks his movement, limit his travail to northern Iowa, surrender his passport and his wife's passport and provide a $1 million appearance bond.

Rubashkin was arrested again on November 13, 2008 at his Postville home on Federal charges of bank fraud. These new charges were due to the fact that under his direction millions of dollars that were supposed to be deposited in an account as collateral for a loan were fraudently diverted to another account, and were used to fraudulently increase the value of Agriprocessors accounts receivable. After the money was diverted Rubashkin ordered the records of these transactions removed from company computers. Rubashkin now faces up to 30 years in prison on these new charges.

On January 27, 2009 Judge Linda Reade released Rubashkin on $500,000 bond. Rubashkin was ordered to surrender all passports and birth certificates, and agree to wear an electronic monitoring bracelet. He is not allowed to leave Allamakee County, nor allowed on any of Agriprocessors’ property and is barred from contacting a list of people related to the case. Defense attorneys successfully argued that Rubashkin is not a flight risk and has strong ties to the community despite prosecutors' fears that he would flee to Israel due to his Jewish heritage citing the Israeli ‘Law of Return’ policy, which grants expedited citizenship. "About a dozen rabbis from New York and across the country" were opposed to his being considered a flight risk. Federal agents said that they searched Rubashkin's bedroom, they found "20-thousand dollars in cash and silver coins packed along with passports".

Trials

Rubashkin was convicted in November 2009 on 86 charges of financial fraud, including bank fraud, mail and wire fraud and money laundering. Prosecutors had claimed the company intentionally defrauded St. Louis-based First Bank on a revolving $35 million loan by faking invoices from meat dealers, inflating the value of the company.

On Novermber 23, 2009 Rubashkin's second trial on 72 immigration charges was canceled following the government's request to dismiss. In its motion to dismiss, the U.S. Attorneys Office said any conviction on the immigration charges would have no impact upon his sentence, writing, "dismissal will avoid an extended and expensive trial, conserve limited resources, and lessen the inconvenience to witnesses." Federal Judge Linda R. Reade dismissed the immigration charges without prejudice.

On March 3, 2010 Judge Reade denied Rubashkin's motion for dismissal of the financial corruption charges and a request for a new trial.

Rubashkin's sentencing hearing will take place on April 29-29, in Cedar Rapids, Iowa. Prosecutors are asking for a life sentence, while the defense is asking for no more than six years.

Injustice Concerns

Many public and well known figures are concern about the sentencing proposed by the prosecution. Former United States District attorneys, Such as Brett Tolman Esq., and Law professors from prestigious universities like the Felix Frankfurter Professor of Law at Harvard Law School, Alan Dershowitz, called attention to obvious problems and prejudice in the proposed sentence from the prosecution.

While Mr. Rubashkin was found guilty by a jury, the sentence being proposed is way out of proportion. Firstly, The loan was not in default before the raid. The bank made $21 million dollars in interest from the loan, while it was being paid ontime. Secondly, Character. Mr Rubashkin did not use this money to live a rich lifestyle. He lived a modest life and all this money went to help keep the company afloat after the raid. Thirdly, special circumstances. Mr Rubashkin has a family with 10 children including a severely autistic son.

Mr Rubashkin is facing a punishment worse than Aircraft hijackers, rapists, kidnappers or drug kingpins.


References

  1. CNN.com - Slaughterhouse charged with using child labor, September 9, 2008
  2. Lydersen, Kari (October 31, 2008). "Former CEO of Iowa Kosher Meatpacking Plant Is Arrested". Washington Post.
  3. Franzman, David (2008-11-14). "Agriprocessors Former Plant Manager Arrested Again". KCRG. Cedar Rapids Television Company. Retrieved 2008-11-17.
  4. Curtis, Pat (2009-01-27). "Former Agriprocessors executive expected to get out of jail Thursday". Radio Iowa.
  5. Wiedemann, Katie (2009-01-27). "Rabbis Speak out for Sholom Rubashkin". KCRG-TV News.
  6. "Slaughterhouse Manager Convicted in Fraud Case", New York Times, 13 November 2009
  7. "CHARGES DISMISSED: Judge dismisses 72 immigration charges against former Agriprocessors CEO". AP. 2009-10-23.
  8. http://blogs.wsj.com/bankruptcy/2010/03/04/judge-denies-ex-agriprocessors-exec-a-new-trial/tab/article/
  9. "RUBASHKIN SENTENCING: The lawyers for the former Agriprocessors CEO convicted on fraud charges are asking for a light sentence". desmoines Register. April 17, 2010.

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