Roundup

Not Over Yet

Rubashkin legal team vowing to fight conviction and 27-year sentence.

Ron Kampeas
Jewish Telegraphic Agency

Washington

F

or years, Sholom Rubashkin made
his living as an executive in the
country's largest kosher meat-

SUMME

packing company. Now, to keep him out
of prison, his defense team is arguing that
the judge in his financial fraud case made
treif (not kosher) use of federal sentencing
guidelines.
The judge, Linda Reade, who sits on the
federal bench in Cedar Rapids, Iowa, used
a federal point system in deciding last week

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July 1 2010

to sentence Rubashkin to 27 years in
prison.
Sophisticated crime: two points. Fraud
in the $20 million to $50 million range:
22 points. Was he a boss of the criminal
enterprise? That's four points. Did he per-
jure himself? Another two points.
Reade determined that Rubashkin's
final score was 41 points, which, accord-
ing to the federal guideline,s earns a
sentence of 324 months to 405 months.
She handed down the former — 27 years
— plus another five years probation.
Rubashkin also will be required to
make restitution of nearly $27 million to
several financial institutions.
Rubashkin was convicted of defraud-
ing two banks that had extended lines of
credit to the slaughterhouse in Postville,
Sholom Rubashkin
Iowa. The ex-Agriprocessors executive
contended he was desperate to keep the
business afloat and would have repaid the
However, Reade in her ruling appeared to
advances if he had the opportunity.
say she treated the guidelines as advisory,
Rubashkin's lawyers said the 27-year
which the Supreme Court said was permis-
term amounted to a life sentence for the
sible.
51-year-old father of 10, and that that they
Prior to the sentencing hearing last
planned to appeal the sentence — on top of month, six former U.S. attorneys general
an appeal of the conviction.
and 17 other Justice Department veterans
Defense lawyers dismissed claims that
sent a letter to the judge criticizing pros-
anti-Semitism underpinned the case.
ecutors' recommendation that Rubashkin
Instead, the lawyers said, the "overzealous-
receive life in prison.
ness" of the prosecution had more to do
The letter writers noted the "potential
with the profoundly negative publicity in
absurdity" in prosecutors using the federal
the lead-up to the May 2008 federal raid on
sentencing guidelines to calculate a recom-
the Agriprocessors plant.
mendation of life in prison for Rubashkin,
In particular, defense attorney Nathan
saying the guidelines can produce sentenc-
Lewin cited media stories he said were
ing ranges that are greater than necessary
"defamatory" that described alleged abuses and "lack any common sentencing wis-
of the immigrants who worked at the
dom:'
Agriprocessors plant; claims by People for
Locally, Rabbi
the Ethical Treatment of Animals that the
Elimelech Silberberg
cattle suffered immensely; and opposition
said, "Despite the fact
from local unions because the shop was not
that numerous legal
organized.
authorities wrote to Judge
Reade that a long sen-
The Appeal
tence is inappropriate for
Lewin said Rubashkin's team planned to
a first-time, non-violent
Rabbi
appeal for support through rallies such as
offender, the judge, who
Silberberg
the one he addressed on June 21, the eve-
has a reputation of being
ning before the sentencing. The rally in the
extreme, severe and of
heavily Orthodox Borough Park section of
lacking compassion, decided on a sentence
Brooklyn was attended by thousands and
that even exceeded the prosecution's recom-
heard by more than 14,000 worldwide via a
mendations.
COLlive broadcast.
"The Jewish world in general, and the
"This is a man who did a lot more good
frum [observant] world in particular have
for the Jewish community than not," Lewin
joined forces to correct this gross injustice
said. "He made kosher meat available for
against Sholom Mordechai and his fam-
Jews in far-flung places."
ily': said Silberberg, spiritual leader of the
Lewin said he planned to appeal the
Sara and Morris Tugman Bais Chabad
sentence based on Reade's adherence to
Torah Center in West Bloomfield. "As Jews,
mandatory sentencing guidelines, which
we have bitachon [faith] that the Almighty
the U.S. Supreme Court ruled unconstitu-
will intervene and this cruel ruling will be
undone."
tional in 2005.

