BREAKING NEWS: Sholom Mordechai Rubashkin Sentenced to 27 Years

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rubashkinBREAKING NEWS, 11:50 A.M. est: Matzav.com has learned that Sholom Mordechai Rubashkin ahs been sentenced to 27 years in prison.

Sholom Mordechai will also been ordered to pay nearly $31 million restitution when he’s sentenced tomorrow in U.S. District Court.

Chief U.S. District Court Judge Linda Reade issued the sentencing memorandum today, outlining the sentence she will impose at tomorrow’s hearing in Cedar Rapids. Reade indicated in the document she would not impose a fine.

Sholom Mordechai’s attorney Guy Cook says the sentence is unfair and excessive and that the conviction and sentencing will be appealed.

Family, friends and supporters of Sholom Mordechai expressed outrage today. The sentence is greater than the amended recommendation from prosecutors, and is inconsistent with calls from throughout the legal community for Rubashkin to be sentenced in a manner similar to other men and women convicted of white-collar crimes.

“The sentence is greater than necessary, indeed, it is greater than what the government asked for,” said Guy Cook, a member of Rubashkin’s legal defense team. “It is unfair and excessive, essentially a life sentence for a 51-year-old man, and is not in the public interest.”

The Hon. Bob Barr announced today that Rubashkin will appeal the verdict and the sentence.

“This sentence is inconsistent with the overwhelming view of the legal community, including six former U.S. attorneys general, who have all said a first-time, non-violent offense does not warrant a multi-decade sentence,” Barr said. “The court’s sentence today is even more than prosecutors asked for, which is a very disturbing development.”

Rubashkin’s attorneys had asked the court to impose a sentence no greater than 72 months, noting his positive history and character and his extraordinary family circumstances. They emphasized that Rubashkin’s conduct was not done for personal gain, that he did not intend any loss to the bank, and that a 72-month sentence would allow the Bureau of Prisons to place Rubashkin in a facility with experience in effectively and humanely incarcerating observant Jewish inmates.

 Prosecutors, however, recommended 25 years in prison for Rubashkin. The extreme recommendation sparked outrage amongst legal scholars, with more than two dozen former senior Justice Department officials – including six former U.S. attorneys general – criticizing the prosecutors’ recommendation in a letter to Judge Reade. Rubashkin also garnered support from a wide array of political, legal and community leaders, who expressed dismay at the potential for Rubashkin to receive such a harsh sentence.

 “It is heartbreaking to see the judge and the prosecution make an example out of Sholom Rubashkin at the expense of his family and his community,” said his wife, Leah. “What has happened today is inconsistent with the idea of equal justice under the law. All we have asked is that he be treated the same as everyone else.”

Rubashkin’s sentence is particularly harsh when compared to others convicted of similar crimes. Mark Turkcan, the president of First Bank Mortgage of St. Louis, who misapplied $35 million in loans, resulting in a loss of approximately $25 million, was recently sentenced by a federal judge in Missouri to one year and one day in prison.

The Rubashkin family and its supporters remain committed to pursuing all avenues towards a fair sentence, including appeal. They continue to call on the Justice Department to investigate the pattern of overzealous prosecution in the Rubashkin case, which included the life sentence recommendation.

“The way this case was handled may go down in history as a permanent stain on American justice,” said Nathan Lewin, an attorney overseeing Rubashkin’s appeal. “Sholom Rubashkin has been targeted by prosecutors in Iowa from the very beginning, and has been treated unlike other similar defendants. We have asked, and continue to ask, the Justice Department to review the numerous instances of prosecutors stepping outside the bounds of standard and decent conduct in this case.”

In addition to the uncharacteristically severe sentence recommendation, Rubashkin has been subjected to numerous instances of harsh or disparate treatment by prosecutors and the government. The Agriprocessors meatpacking plant he oversaw was subjected to a military style raid in May 2008, which had disastrous effects on the Postville community and could have been avoided if Immigrations and Customs Enforcement had agreed to the plant’s offer to cooperate.

After the raid, Rubashkin was subjected to seven superseding indictments and denied bail before trial because of claims by prosecutors that he could flee to Israel because he is Jewish. While Rubashkin was eventually released on bail after no sufficient evidence was found that he was a flight risk, Rubashkin was again denied bail before sentencing and deemed a “flight risk.”

And before trial, the District Judge severed the trial of the 72 immigration violations in the Seventh Superseding Indictment from the 91 bank-fraud charges. Nonetheless, contending that he committed bank fraud when he represented to the bank that Agri was complying with the law, the Iowa prosecutors presented more than two days of highly inflammatory testimony regarding the immigration allegations during the bank-fraud trial. The District Judge denied repeated defense requests for a mistrial.

Rubashkin was cleared by a jury last month of having personal knowledge of, and criminal liability for, the employment of minors at Agriprocessors. That was the only case brought to trial on Rubashkin’s involvement in the hiring practices of Agriprocessors. The federal charges that he was involved in hiring illegal immigrants have been dismissed.

{Matzav.com Newscenter}


125 COMMENTS

  1. There is definitely not a fair legal system inplaced in the United States of America. The big banks go off scotttfree from their devious plots, but a well meaning individual who made mistake gets convicted for life.

  2. Watch out! The fact that tthe judge decided as she did, is indicative of where the entire American society stands concerning Jews.

  3. Notwithstanding the great Tzaar for all of K’lal Yisroel from the suffering of such a wonderful Yid, we should not hurl phrases like “injustice was served” which is very inflamatory. If you mean that they reached the wrong result, that is different than “injustice was served” which really attacks the integrity of the judge, the jury, the prosecutors, and really villifies the American system of justice. This is, excuse the expression, an Al Sharpton type of approach and it is very counterproductive.

  4. Let me tell all you people, the governement and the judge had their minds made up before this trial began. They were our to get SMR, and guess what? Can’t you see? This is against all frum people not only SMR. Reshante Reade had no business being a Judge in this case if she ordered the raid lechatchila. That, in itself, is wrong. So, before anyone condems SMR, who is a Tzadik, think twice. A
    Today, it’s SMR,tomorrow it could cholila be Me or YOU. Yes, this is an act against all of the Klall. Open your eyes, and mind. Think before you post shtusim. Yes, this is indeed a blood libel, it is a pogrom. Rachmono Litzlan, the aibishter should have rachmonos.

  5. Please do/learn something in zechus of sm. May HKB”H have rachmanus on HIM and may we be zoche to greet the ultimate geulah quickly! This is a message for each one of us, just that one brother is getting the brunt of it. How sad.

  6. A wise person once said ” the scarriest thing about a trial is that your fate is being decided by 12 people who couldn’t figure out how to get out of jury duty.”

    And the scariest thing about sentencing is that it is decided by one person, in this case a reshanteh, may she get her due punishment. What an injustice.

  7. Can anyone tell me that before the judge was sworn into her job, there was a detailed check of her history to see her opinions?She had an agenda and we saw it clearly.

  8. We are in galus and now we feel it more than ever. Accept the fact that we are in galus and we will suffer. Just continue and Daven, Yeshuas Hashem keheref ayin! Amen

  9. Judge Reade was involved in the massive raid:
    A person by the name of Rockne Cole wrote a letter to Representative Lofgren regarding the Postville raids. She states in her letter that Judge Reade coordinated the massive raid including the plea deals, mass detention, roundup, and the sentencings of the illegal immigrants before they were even allowed representation. Can you say CONFLICT OF INTEREST??

    http://www.courthouseforum.com/upload/phpjo0nIX.judge%20reade%20misconduct.pdf

  10. Reade just wanted to show that she is not goreis the state verdict. She is so arrogant and pompous. She will get her due one day. Believe me. What a disgusting human being.

  11. Welcome to America.
    A country where people get close to nothing for murder & assault and 27 years for creating a false invoice.
    We must stop having so much blind faith in the “Goldeh medina”, a land where justice is as unbalanced as it could get.

  12. en meg shelten a goy. Zol unchapen di reshante Reade a kadachas,zol zi derharket veren tzusamen mit der Rasha fun der regirung vos haist Deagen. Ich daven es zoll pasiren. Zollen zay alle dermordert veren, dertrunken veren, brenen zolen zay in dee velt un in yene. Omein sella

  13. his is a very sad story.
    What is sadder is the cheering and gloating of Failed Messiah who takes immense personal pride on making 10 children orphans and the mother a living widow. Others pain is his source of holliday. His glee is not limited to this sad incident. He is filled with shade.freud and rejoices at every sin or error of any Jew anywhere in the world, like an evil archangel bent on destroying, shaming and annihilating Jews. One has to wonder how a person gets so sick and twisted. We have seen the Jew Goldstone and the Gaza report, Jews for J, Neturay Karta in Iran, and Shmaya. Some of our worst enemies are our own.

  14. Let’s not forget Jonathan Pollard as well, who will G-d forbid begin his 25th year in prison on November 21st. Call you Senators today, and every day until they let him go!!! There is a true miscarriage of justice- Jonathan never had a trial!!!!

  15. The fact is that most cabinet members of the current administration didn’t pay their taxes as they were suppose to. The fact is that Charlie Rangle who writes most tax laws doesn’t pay his taxes. Did you ever hear anyone say jail for them?

    He stole absolutely nothing. He owes no one money. This is all about the procedures to receive loans and he gets 30 years behind bars. Where’s the logic?

  16. Do you know what the posuk says “eisev soneh layakov” ? Did you honestly think he had a fair chance ?
    70 years ago JEWS were also selected .. I see no diffrence except its not being done in mass yet

  17. This is an intentional plot. Open your eyes. We are in golus. This is an intentional plot.
    This is an intentional plot against all frumme yidden. If this wasn’t, then Reshante Reade would not have been the judge in this case. What happened here is totally illegal. Yes, this is a blood libel.
    I am stunned. I am shocked.

  18. He shouldn’t spend a second in prison. This was a hatchet job on the part of the gov.
    All the tzores began after the PETA-Nazis had done their evil deed.

  19. Judge Reade was in on the raid. The Judge was part of the inner circle. She definitely should not have sat in judgement since she was in on it from the beginning.

  20. The judge was crooked, the jury was bought, the charges were falsified, the witnesses for the defense were not alloed to testify.

  21. Someone should organise a mass rally as was done in eretz yisroel this week in which 300000 people attended!! Come on askonim!

  22. The problem is that the appeal could take months and months. It could take five months. And then who know where it will even go. What a shandeh.

  23. I get it.
    Madoff gets 26 hours of prison time for every million (he intentionally scammed)
    Rothstein gets 365 hours of prison time for every million (he intentionally scammed)
    Rubashkin gets 7629 hours of prison time for every million (CAUSED BY THE SLANDER OF THE FBI)
    MAY THE JUDGE BE AWARDED WITH A MISO MESHUNA!

  24. The justice system may not be entirely fair, but it is what it is, and since we live here, we must adjust to it or face the consequences.

  25. Lemrik Nelson is free and Shulom Rubashkin is in jail for 27 years!!!!!!!!!!!!!!!. someone help me understand GOULUS GOLUS HOW LONG ARE YOU? Im crying

  26. TOP foolish statements

    Statements bashing the justice system are foolish and will hurt him not help him.
    Inventing stories that make believe he did not know what was going on.. are insulting to the readers and will not help him

    In dealing with the tragedy of a heimishe Yid in tfeesa… in jail, who be serving time in prison, we need the good graces of Judges & Boards who control his future

  27. Those who call and email Judge Reade, despite repeated and clear instructions not to do so, are hurting Sholom Rubashkin.

    Under no circumstances should anyone have any contact with Judge Reade or her chambers!

  28. In a way it’s good – if this klavta gives him 10 or less yrs, everyone will cry but make peace with it, this ridiculous verdict will not be allowed to go unchecked.

    The battle begins!

  29. Jews have never done better anywhere in the world then the USA. To compare this trial to the holocaust is not only stupid, it’s repulsive.

  30. Even those that will still say America is the greatest country in the world, you will have to admit that our sentencing procedure is a disaster.

  31. a. Even though the gov knew that the Agri was working on filtering out illegals they choose to stage a dramatic raid.

    b. The raid handicapped and suffocated the company.

    c. The suffocating company (who was never accused of any impropriety before then) might have acted questionably out of sheer desperation in order to avoid total collapse and the loss of jobs to hundreds.

    d. The Gov who created the crisis then steps in says “whoa we have a crime!” “Massive fraud” etc.

    e. The initial wild allegations that supposedly prompted the raid, are now irrelevant, like a shark, they have found the blood they were looking for, except that THEY were the ones who caused the bleeding in the first place.

    g. The government severely exacerbates the “fraud” by stepping in and taking over the company and then forcing it into bankruptcy. It is only now that the bank loses money. No bankruptcy, no loss. Bankruptcy = loss.

    h. You mailed the invoice? = Mail fraud. You faxed the invoice? = wire fraud. You had illegals working there when you applied for the loan? = double triple quadruple fraud.

    OKAY: now let’s put you away for 27 years. Finished Good bye.

  32. i don’t get it, everybody is saying “may the judge get punished, etc., misa meshunah, etc” lets say she dies tomorrow bya bear biting her, how will that help SMR????????

  33. That is such anti-semitism. We should continue having him in mind in all of our tefillos. I think every community should have a tehillim gathering. May her of besuros tovos.

  34. some people are really getting me scared when they write that this is just the beginning of jews being treated unfairly! where is your emunah and bitachon! you have to believe that all hashem does is good, even though we may not see it!
    this is not an easy pill to swallow and we should continue davening that he should miraculously be released immediately! no this is not another holocaust!! hashem loves us!!

  35. What a travesty of justice.

    May I suggest something… Could it be that the judge and prosecuters have been listening to some of what has been publiclÝ writted nad said about Rubashkin?

    Could it be that the constant assertions on what a tzaddik he is, how innocent he is, what an anti semite the judge/prosecutors/justice system is – perhaps may have been heard by the judge? Perhaps she was offended by all of that?

  36. I suggest that besides attending the BP event in Bais Yaakov, everyone should take a look at Yeshiva World’s story and at comment # 15, and please formulate an appropriate reply

  37. this week is parshas balak – bilaam wanted to curse b’nei yisroel, but Hashem put other words in his mouth. May we be zoche for Hashem to do a similar nes and turn Judge L.R.’s memo into an aquittal! Continue to daven hard!

  38. I thought she would give him 18-20 years. This is way over the top and an embarrasment to the whole justice system.

  39. DON’T LOSE HOPE. THE APPEAL HAS STRONG BASIS AND COULD BE WON., KEEP ON DAVENING. STAY STRONG PEOPLE.

  40. #28:

    The gloating by the blogger you mentioned is disgraceful.

    He is definitely over the top and angry, but that is the nature of people who were harmed.

  41. i think the judge is immature, rude and ilogical to do somthing like this and should propaly lose her sttus of judge. its completly sick.

  42. This ruling of 27 years is a travesty. The appeal will iy”h win. I just donated 180 dollars to the defense fund to help pay for the appeal. Let us all help out! The fight is not over!

  43. There are many more so-called “enlightened” Jews who judge, condemn and HATE their brothers and sisters. Let me assure you “enlightened Jews” you are dumb, dumb, dumb, and your hatred is feeding the anti-Semites. By supposedly standing up for justice to chanfeh the world or the American people, you are causing terrible injustice for you own brothers.

  44. AFILU CHEREV CHADA… Nothing is short of Hashem’s power to rescind – even an arrow that has already been sent, can be revoked before it reaches its target. Let’s not forget the powers of Tefila, EVEN NOW!!!

  45. Shalom Mordechai Rubashkin has been chosen by Hashem to be the messenger to get Klal yisroel to do Teshuva & return to Hashem without saying WHY IS THIS HAPPENING. we can all clearly see that right now in this generation we are clearly missing the bond & responsibility of one jew to another is very bad. when the entire klal yisroel bonds together as one & does teshuva then we are all ready for help from Hashem & the Ge’ula UNTIL THEN hashem is waiting & begging us to do teshuva & return to him. May the Ge’ula be here very soon

  46. This type of crime normally gets 6 years in prison. Not 27. And the prosecutors only asked for 25, yet the judge gave him more. What’s going on here?

  47. Lets wake up, Its a reminder that we need to finally pack our bags and leave to Israel.
    This land looks like Germany in 1938.

  48. B”H

    I must make a confession: until today – until a very few moments ago – I was totally ambivalent about the Sholom Rubashkin case. After all, Postville is a very long way from north-west London.

    Initially, I thought that here was a man suffering from a weakness that affects almost every person on the planet: greed. Rubashkin was a rich man, and he wanted to be richer. Yes, I realised that he was an extremely generous donor to all sorts of charities as well.

    But now we have read that tomorrow Sholom Rubashkin is to be sentenced to 27 years in prison. If this sentence is carried out R”L, and if (chas vechalila) the almost automatic appeal process fails, this will be a life sentence.

    The Rubashkin case is very well publicised in the United States, but here in Britain only a minority of interested people, Jews included know about it. Even fewer people care.

    Rabbosai, if I may venture to offer American askonim an eitzah: please cast your publicity and propaganda nets a little further afield. Make sure that European Jews – of all the different shades of frumkeit – know about this great avel.

    Sholom Rubashkin is now engraved on my conscience. For my part, I will do all possible to make British yiddn aware of what is (and has been) going on.

    Thank you for reading this.

  49. These excellent points were sent to me by a friend:

    – Judge Reade shows herself to have a total disregard for justice
    – She was the one who signed off for the federal raid
    – She was involved in the process that incarcerated the Guatemalans unjustly.
    – A ruling from the Supreme Court revealed that rights of the Guatemalans were violated. All of their sentences were overturned.
    – She has shamed the American justice system
    – She has a history of outrageous sentences.
    – Not necessarily an anti-semite, but she certainly is a bad judge
    – She abuses the court by handing out her own style of justice
    – She recently sentenced another person (not Jewish) to a 50 year sentence that clearly demonstrated her lack of judicial perspective.
    – her actions are a threat to every American
    – She limited evidence that would have helped Shalom
    – She ultimately revealed her true feelings by sentencing Shalom more than what the federal government asked.
    – She has made of mockery of the Federal Court in Iowa.

  50. Thank you for moderating the comments. Unfortuanetly, I have seen posts about the Rubashkin story with falser and lashon harah comments.

    Thank you Matzav for being at our friend Sholom Mordechai’s side always. We will be be with you always and forever.

    Besurot tovot

  51. I am sitting here crying. I am ois mentch. My life will never be the same until SM is out walking the streets. What the government has done has made a mockery of our justice system. Hashem HELP!!!!!!!!!!!!

  52. sholom rubashkin is getting 27 years because we have not donr a single thing for jonathan pollard . we have to stop labeling people and help ANY JEW!. if we had a massive gathering for that jewish cop killer then why not the same for jonathan who was NOT a killer

  53. Nat Lewin, the prominent Washington DC attorney and Orthodox Jew, will grace the central Brooklyn gathering on behalf of Sholom Mordechai Rubashkin tonight. The rally will be held following the formal announcement of the sentencing today and on the eve of the sentencing which will take place in Iowa tomorrow.

    The asifa will be held tonight, at 9 p.m., at Bais Yaakov Hall, located 4420 15th Ave. in Boro Park, Brooklyn.

    Other speakers include Rabbi Pinchos Lipschutz, publisher of Yated Ne’eman; Rabbi Avrohom Schorr, rov of Khal Tiferes Yaakov; Rabbi Shimon Zev Meisels, rov of Bais Medrash Yismach Moshe in Kiryas Yoel; and Getzel Rubashkin, son of Reb Sholom Mordechai.

    The gathering for men only is expected to draw a massive crowd. A similar gathering on June 10 in Monsey, NY, drew over 3,000 people who came together to pray on behalf of Mr. Rubashkin.

  54. another indication of the slow, but increasing anti-semitism in the USA(& world). We ae seeing the same pattern that developed in Germany in the 1930s.
    Never again? Then you better be preparing now.
    another indication of the slow, but increasing anti-semitism in the USA(& world). We ae seeing the same pattern that developed in Germany in the 1930s. Never again? Then you better be preparing now.
    nachshon

  55. May the Reform movement, the Hechsher Tzedeks, the Forward newsaper, the Shmaryahu Rosenbergs, et al ,all get swift retribution from Above.

  56. It just goes to show us that we have to be more than careful in this gulus. People are out for us. We NEED Moshiach NOW!

  57. Judge Reade is a former prosecutor, appointed to the Federal Bench by George W. Bush.

    She has a history (as is unsurprising in a Republican appointee with her background) of giving heavy sentences.

    Nothing indicates that she gave SMR a heavier sentence than she would have a non-Jew.

    If you vote for people who promise to appoint “tough on crime” Judges, you are going to get “tough on crime” sentences.

  58. this is a tragety and we must get the message from the one above to repent rabbi rubashkin is a a korbon lets rally around him and put a end to this gulus

  59. travesty of justice. may linda reade never get a promotion in her life and stay where she is. she thinks this will propel her. It will be the beginning of her downfall.

  60. Yidden Let’s wake up NOW!

    America is golus! Germany was/is golus! Israel is golus! All over the world is golus until Moshiach comes.

    Don’t kid yourself.

  61. I’m not a layer, still from the little information I was able to gather it seems to me that judge Reade is actually helping MSR. I will explain.
    Every case in court has two parts, first is the trial, it is in that part that the jury needs to decide whether the story as brought to court by the prosecution, actually happened or was it differently or maybe even never happened. After the jury decides on a verdict comes the second part where based on the jury’s decision the judge decides what to do with the defendant.
    There is almost no way to appeal in order to get a total new trial (the first part), most of the times appeals are based on the judges decisions. However if there is new evidence or if the higher court decides that the judge held back unjustly, from the defense team, evidence that could have a significant effect on the jury’s verdict, then the court of appeals may decide to call for a mistrial and a new trial will begin.
    Based on the above, I would say, that Read by being too harsh with MSR and denying the defense their witnesses, it could have a boomerang affect and who knows maybe he will even get a new trial.

  62. My heart is totally broken to hear this news.
    The Rubashkins are the main reason why I became a ba’alat tshuva. Their kindness and love know no bounds. They would give anything – anything to help a fellow Jew. Their home in Crown Heights was like a Beit Chabad housing homeless people. Their lives are dedicated to doing chessed and bringing Mashiach.
    Please, pray like you’ve never prayed before for Sholom’s release.
    Hashem’s rachamim comes in the blink of an eye.
    Really.

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