Jewish Leaders Raise Concerns of Overzealous Prosecution After Disproportionate Sentencing Recommendation
NEW YORK — American Jewish leaders are expressing shock and outrage at the federal government's recommendation that Sholom Rubashkin be sentenced to life in prison for his role as an executive with the Agriprocessors kosher meatpacking plant in Postville, Iowa. It is the latest example of a prosecution that has repeatedly targeted Rubashkin for unfair treatment compared to others who have been accused of employing illegal immigrants or compromising the security of a bank loan.
Jews Shocked at Life Sentence Request for Rubashkin
Jewish Leaders Raise Concerns of Overzealous Prosecution After Disproportionate Sentencing Recommendation
NEW YORK — American Jewish leaders are expressing shock and outrage at the federal government’s recommendation that Sholom Rubashkin be sentenced to life in prison for his role as an executive with the Agriprocessors kosher meatpacking plant in Postville, Iowa. It is the latest example of a prosecution that has repeatedly targeted Rubashkin for unfair treatment compared to others who have been accused of employing illegal immigrants or compromising the security of a bank loan.
The sentencing recommendation submitted by prosecutors to the U.S. District Court for the Northern District of Iowa is inconsistent with sentencing of other corporate executives convicted in comparable cases. Rubashkin was originally indicted for employing illegal immigrants, an offense that has been punished with probation or a short prison term. After seven superseding indictments, prosecutors chose to proceed to trial on alleged bank fraud charges in an effort to increase Rubashkin’s punishment, even though interest was paid on all of the money drawn by the loan and the bank has acknowledged it received approximately $21 million in profit from the interest payments.
The bank loan was not paid in full because of the government’s raid on Agriprocessors, which caused the company to declare bankruptcy. The bank “called” the loan when Agriprocessors could not continue to make its payments. The May 2008 raid included a military style raid and more than 600 federal agents. It was widely criticized for the extreme tactics utilized by prosecutors and Immigration and Customs Enforcement. The raid destroyed the company and had disastrous lasting effects on the community of Postville and the kosher meat industry.
Prosecutors and the U.S. Probation Office have calculated the total offense committed by Rubashkin at level 45 under the Federal Sentencing Guidelines. Because the federal Sentencing Table caps at level 43, the Probation Office has calculated the total offense at level 43. An offense level of 43 is punished with a life sentence under the sentencing guidelines, which the Supreme Court held as no longer mandatory.
Rubashkin’s attorneys have asked the court to impose a sentence no greater than 72 months, noting his positive history and character, his extraordinary family circumstances, and the arbitrary nature of the now-advisory guidelines used by prosecutors. They emphasize 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.
In Rubashkin’s bank-fraud trial, prosecutors were allowed to present inflammatory evidence regarding the employment of illegal workers, even though the judge had previously ruled that such evidence would prejudice the jury and had severed the immigration and bank fraud charges for that reason. The charges regarding harboring illegal immigrants were eventually dropped.
The prosecutors have subjected Rubashkin to more severe restrictions and potential punishment than other employers whose work premises were raided by ICE and who were found to have hired larger numbers of illegal workers. The country’s largest meatpacker, Swift & Company, was raided in six different states in December 2006, and almost 1,300 illegal immigrants were arrested. No corporate official of Swift & Company has been prosecuted. RCI, International, a restaurant janitorial service operating in 17 states, was raided in 63 locations in February 2007. Its owners, who paid their employees (all illegal immigrants) in cash, were found to have defrauded the United States of more than $18 million in taxes. Its chief operating officer was sentenced to 10 years in prison. The owner of a Massachusetts manufacturer of leather goods and handbags raided by ICE in March 2007, when 326 illegal immigrants were arrested, was sentenced to one year and one day in prison.
Advocates for Rubashkin are urged to support an online petition at the “Justice for Sholom Mordechai Rubashkin” Web page at http://justiceforshalom.org. The Web site also provides other tools for community members to contact the U.S. Attorney prosecuting the case and the Department of Justice.
mmb
The anti-semitic prosecutor’s office is at it again.
shame
shame on them!!!
time to do
everyone can do something good to help shalom mordechai, its just a click away
http://justiceforshalom.org
sholom not SHAlom
its justiceforsholom.org not SHAlom…
Esther M
people who kill don’t get life sentences, Whats up with that, a guy who commits fraud is treated worse than a killer or a rapist what in the world!!!!
Chaim Boyarsky
Nat Lewin – the Rubaskhin lawyer said that the only thing that we do besides daven, is to make a public outcry. There is a PR firm who will lead this public outcry and will send instructions each day until the hearing.
YOU CAN HELP ( YES !, if you are reading this , please help) ( We know everyone has helped in the past, please help us one more time, each day for the next 14 days).
There will be a call to action each day ( please mark your calendars each day to dedciate 5 minutes to help Sholom Mordecahi.
2 ways we will send you the daily call to action alert
• Please send your cell phone number for texting, 82257 type in “just “( from a blackberry or a smart phone or 5878 from a regular cell phone.
• To be added to our e-mail list please e-mail pr@justiceforsholom.org
The following are amongst the leading Rabonim endorsing this project
Skulener Rebbe
The Novomiskner Rebbe
The Satmar Rebbe Reb Zalman
The Matesturofer Rov
Horav Dovid Feinstein
Horav Shmuel Kaminestky
Horav Malkiel Kotler
Rabbi Weissmandel
DISCUSTING!!!
THIS IS DISCUSTING I HEARD OF SOMEONE THAT MUREDERD SOMEONE AND WAS OUT IN 12 YEARS…..THIS IS SICK
Shmuel
Does anyone have a list of said leaders? Throw me a bone here!
its not me yehudi
where are all the shluchim
if you guys would help then we might have a chance
why the silence
DEBBIE KLEIN
REMEMBER – IF YOUR ARE “JUDGING” SHOLOM RUBASHKIN AND THEREFORE NOT HELPING HIM IN HIS HOUR OF NEED, HASHEM WILL JUDGE YOU MIDA K’NEGGED MIDA.
WE ARE NOT HASHEM AND WE ARE NOT THE TRUE JUDGES, BUT IF YOU LET YOUR FELLOW JEW ROT IN JAIL, THERE WILL BE NO ADVOCATES FOR YOU.
THINK ABOUT IT.
Modern Russia
In Communist Russia they also waged war against kosher meat
This is the modern way to prosicute Yidden and Torah
Yigal Salazar.
This is a true injustice ,teaching every single person in America “ The Land of freedom and EQUAL RIGHTS ” that we should open our eyes to whats happening … May THE G_D of Israel HELP every single effort from Shalom’s Attorneys and supporters AND HE WHO WHATCHES EVERY STEP OF ISRAEL , SAVE US FROM THE HANDS OF THE EVIL ENEMY .