Stage Set for Arguments over Rubashkin Sentence

A fierce debate over Sholom Rubashkin’s prison sentence begins in federal court today with arguments over the former slaughterhouse manager’s role in a bank fraud scandal, his past, and a chorus of supporters who say the possible life sentence would be too harsh.


Rubashkin, 50, faces sentencing today for his conviction last year on 86 financial fraud charges. Defense attorneys have asked for a prison term no greater than six years; prosecutors argue that Rubashkin’s combined actions merit a life sentence.

Rubashkin’s supporters have mounted an aggressive letter-writing and public relations campaign to push for a lighter sentence. Defense lawyers also presented Chief Judge Linda Reade with a letter signed by 24 prominent government officials, including former U.S. Attorneys General Janet Reno, Ramsey Clark and Edwin Meese III.

Prosecutors describe the campaign as an orchestrated effort to distract attention from Rubashkin’s crimes. The U.S. attorney’s office in Cedar Rapids has received more than 1,300 e-mails from Rubashkin supporters with “consistent threads of misinformation,” spokesman Bob Teig said.
Teig, who usually declines to comment about Rubashkin and the Agriprocessors Inc. case, said misconceptions have grown so widespread that prosecutors decided to respond.

“The focus has really been skewed, trying to paint the defendant as a victim,” Teig said.

Rubashkin’s backers have shown continued support for the former executive since his November conviction in Sioux Falls, S.D. Their efforts include a “Justice for Sholom” website, press releases from a New York public relations firm and prayer vigils in major U.S. cities.
In interviews, several Rubashkin supporters insisted that the campaign was a grass-roots effort. Busloads of supporters are expected to arrive in Cedar Rapids today from Chicago, Detroit, Brooklyn, N.Y., and other cities, said Rabbi Pinchos Lipschutz, a Rubashkin family friend from New York.

Teig said Rubashkin used the plant as “his piggy bank” for personal expenses over two years.

Rubashkin used $1.5 million in plant money in addition to his usual salary, prosecutor Peter Deegan Jr. argued in court papers.
Among the expenses were $300,000 for credit card bills, $200,000 to help remodel his home, $76,000 for personal state and federal income taxes, $25,000 for jewelry and $20,000 for sterling silver.

Defense lawyers countered at trial that the expenses were tied to legitimate business and religious dealings. They argued, for instance, that the Rubashkin home was often used to entertain business guests, and the silver was used for religious purposes.
Rubashkin was convicted for his lead role in the massive bank fraud scheme at Agriprocessors. The Postville kosher meat plant, the target of a May 2008 immigration raid, later filed for bankruptcy and emerged under new ownership as Agri Star.

Rubashkin suffers bouts of depression and was so distressed when the crimes at Agriprocessors took place that he banged his head against walls, psychiatrist Susan Fiester wrote in a letter provided to Reade by defense lawyers.
Fiester, who was hired by Rubashkin’s lawyers, wrote that Rubashkin wanted to be a teacher, not a meat plant manager, but was pressured into the family business by his father.

Rabbi Binyomin Ginsberg, of Minneapolis, said Rubashkin has spent his jail time studying religious texts and praying.

“While there is a judge of blood and bone, we do ultimately believe that there is a judge of God in heaven,” Ginsberg said. “We want to appeal to him to give the judge the right decision.”