But I am not a stupid man either. And I, and a heck of a lot of other fairly intelligent and educated people are scratching our heads as to why government prosecutors are requesting that Rubashkin, who has ten children, including an autistic son, and a reputation for enormous philanthropy, be given a life sentence in prison.
A life behind bars. The very words are ominous. Isn’t that reserved for society’s most heinous offenders? Life sentence has one conjuring images of rapists and murderers, international drug cartel kingpins and white-collar criminals guilty of gargantuan fraud, like Bernie Madoff.
Op-Ed: Does a Kosher Butcher’s Fraud Mandate a Life Sentence?
At middle age I have come to accept my limitations. Although I like to have an opinion on almost everything, I am conscious of the fact that I am not a legal scholar and do not understand all the complexities of the criminal case against Shalom Rubashkin, the former CEO of America’s largest kosher meat plant, Agriprocessors of Postville, Iowa.
But I am not a stupid man either. And I, and a heck of a lot of other fairly intelligent and educated people are scratching our heads as to why government prosecutors are requesting that Rubashkin, who has ten children, including an autistic son, and a reputation for enormous philanthropy, be given a life sentence in prison.
A life behind bars. The very words are ominous. Isn’t that reserved for society’s most heinous offenders? Life sentence has one conjuring images of rapists and murderers, international drug cartel kingpins and white-collar criminals guilty of gargantuan fraud, like Bernie Madoff.
What did Rubashkin do? After an INS raid on the plant that found hundreds of illegal immigrants, the company was pushed to the brink of bankruptcy and Rubashkin, who had already been arrested for employing illegals, was subsequently found guilty of defrauding a bank and producing false invoices in order to keep the business going. There is no insinuation that he did any of this for personal profit or gain. Unlike Madoff, he had no Hamptons estate, no fancy yacht, and no Manhattan penthouse. By all accounts he and his family lived in incredibly modest circumstances.
Obviously, the Rubashkin story has been an enormous embarrassment to the American Jewish community in general and orthodoxy in particular. The largest kosher meat plant in the country employing hundreds of illegal immigrants? Engaging in bank fraud in order to remain a going concern? Falsifying invoices and misleading lenders? These are serious charges that go against both terrestrial and celestial law and constitute actions that neither man nor G-d can condone. The expected flight of Jewish leaders and spokespeople from Rubashkin’s side ensued, whatever the injustice of his proposed sentence. We Jews are accustomed to run from scandal like the plague.
So let’s remove the smoke from this unsavory story and focus on truth.
Yes, we Jews unfortunately have our criminals. Yes, we orthodox Jews unfortunately have our felons. We’re human, too. We have people guilty of serious wrongdoing. And we too must confess our sins, repent of our actions, be punished for our crimes, and teach our children to always do better and never excuse our behavior. Our community need to know that no matter how important you believe it is for other Jews to eat kosher food, you cannot purchase that mitzvah at any price. You cannot be a good Jew if you are not an honest person. A religious obligation that comes through theft – even when your intention is to simply keep a business open so you can eventually pay off your loans – subverts all principles of religious morality.
Rubashkin is no hero. Whatever the nobility of his intentions, he is a poor example to religious youth. His behavior must and should be condemned. He has been found guilty of a crime and he must do the time.
But he is no monster either. Unlike Wall Street bankers, he did not bet the farm and other people’s deposits in order to buy himself a Ferrari. Unlike AIG executives, he did not cost the government billions in bailouts and then get a bonus. And while I, of course, understand that criminal conduct is infinitely more serious, so is prosecutorial overzealousness that borders on fanaticism.
The time that Rubashkin serves must be fair and just. This is America. Just as there is no room for toleration of criminal conduct, there is also no room for a lynch mob mentality. I realize I am not a lawyer. But I have enough sense to understand that a punishment of a few years in prison sets an unassailable example that criminal conduct is utterly inexcusable. Anything more than that for a crime of this nature gives the false impression that the American justice system is prejudicial and untrustworthy.
As for the outcry from the Hassidic community that Rubashkin is being treated unfairly and that his yarmulke and beard make for a prosecutorial bull’s-eye, I love America too much to believe any of it. This is the fairest, most decent country on earth. But I do believe it possible that when an overtly religious person perpetrates a crime – especially one that involves companies catering to religious needs – there is a feeling on the part of many that the hypocrisy mandates an even harsher sentence.
So let’s be clear.
This is not in any way analogous to other ugly religious stories dominating the news like pedophile priests. There is no suggestion that Rubashkin’s crimes be covered up. Less so is there any insinuation that Rubashkin be moved to another state where he can start up a new kosher meat plant. Rubashkin’s trustworthiness in the American Jewish community is finished.
But there is an insistence that he be treated like a human being. That it be taken into consideration that he has no prior offenses and that his company provided kosher meat to hundreds of thousands of people at affordable prices so that more Jews could observe their faith. That he and his family are legendary in the Hassidic community for their charitable giving, their hospitality, and their communal involvement. That Rubashkin himself devoted a substantial portion of his profits to funding a soup kitchen and supporting organizations like Collel Chabad that feed the hungry and the poor. To disregard all these considerations when it comes to sentencing is to disregard the universal belief that the good we do is not cancelled out by our horrendous mistakes.
I know my own limitations. Perhaps Rubashkin’s prosecutors ought to know theirs as well.
Rabbi Shmuley Boteach, host of TLC’s ‘Shalom in the Home,’ is the international best-selling author of 23 books, winner of the London Times Preacher of the Year, and winner of the American Jewish Press Association’s highest award for excellence in commentary. His website is http://www.shmuley.com.
Seems like a very smooth apporach
Brilliant, where will this be posted?
IMO
IMO the prosecutors do not expect the judge to sentence him to life in prison.
I believe as all negotiators and sellers operate they ask for the highest amount in hopes that their request will be met about half way, in this case about 25 years.
In view of all the guilty counts the judge has to at least consider 20 years but in view of mitigating circumstances it might be reduced to 15 that could later be reduced by good behavior and appeal.
S.R.
Very well written……..
oY vey!
Although Shmuely makes some great points, it is very obvious that his article is not based on any legal knowledge of the case, but rather based on information he gleaned from the media.
I think Shmuely has done a great disservice to Sholom Rubashkin by repeating charges that were dropped or thrown out. Even the bank fraud charge and money laundering charges are all legal speak for him moving around funds after the raid – which he did under terrible duress and for no personal gain, which even the jury acknowledged.
In the interest of justice and truth, why not post the legal memorandum that is available instead of repeating falsehoods and further demonizing this man – who it seems is paying the sins for all Orthodox sinners – and is being crucified on that cross.
It doesn’t take a chochom or a middle aged man to know that a life sentence is beyond ludicrous. We don’t need Shmuley to tell us that.
Me
Well Said
The rebbe gave you brachas
Please go on your Show Sunday night and Ker a Velt!!
The rebbe gave you brachas, who knows. maybe you became famose all for this moment.
rg
WHAT!? this is a ridiculous op-ed, shmuely has NO FACTS in this piece. I am honestly baffled as to how he could publish such an article.
PIKUACH NEFESH-your comment is needed no
This morning the Huffington Post posted an article by Rabbi Shmuley Boteach concerning the prosecution of Sholom M. Rubashkin. The Huffington Post is America’s third-largest online news site. It is imperative that everyone post a comment in support of Sholom Mordechai, and fair justice. The more comments the piece receives, the more prominence it is given on the Huffington Post, thereby increasing circulation and awareness.
Please follow the link and post a comment NOW!
anon
Thanks shmuely for once again bringing clarity to an impoertant but hyped and misleading issue.
Valobolan
The author answered his own question “Answer: Rubashkin is no hero. Whatever the nobility of his intentions, he is a poor example to religious youth. His behavior must and should be condemned. He has been found guilty of a crime and he must do the time.”
The problem is Rubashkin himself has never said “I did something against the law. I am sorry. I will never do anything like this again. I beg every person, Jew or gentile, do not break the law. Please have mercy on me I have learned my lesson.”
He never said any of this. He continued to engage in fraudulent activities even after he was indicted. He tries to hide behide a questionable charge of “Anti-Semitism,” After a small victory he made a well-publicized “seudas hodo’oh.”
His arrogance and belief in his aility to trick the legal establishment is why they are making an example of him.
I keep making this point, but your website never publishes it. Whoever makes this decision is morally twisted.
A FRUM Jew
Before you talk, get the facts straight!!
you clearly no nothing about this case.
never in US history has someone been convicted for more then a year and one day for infractions of such stature.
not allowing Sholom Rubashkin bail without any reason other then “flight risk” is ILLEGAL (according to US law the judge has to provide a reason).
there is no logic for this other than the fact that this smells an awful lot like the famous dreyfus affair.
so…
A: don’t go accusing sholom rubashkin of something which even the state did not accuse him of (illegal immigrants)
B: don’t suggest that he sit for anything
C: don’t go ahead and represent the frum community by saying “Rubashkin’s trustworthiness in the American Jewish community is finished.”
from the tone of this article, (where you start off talking about yourself) you use Sholom Rubashkin who is in a desperate state to promote yourself is outrightly disgusting!
Shame on you!!!
Oy vey is right
I agree with oy vey
I also think Shmuely has done a great disservice to Sholom Rubashkin by repeating charges that were dropped or thrown out. Even the bank fraud charge and money laundering charges are all legal speak for him moving around funds after the raid – which he did under terrible duress and for no personal gain, which even the jury acknowledged.
Avi
great article. Rubashkin is no hero and his conduct was deplorable. That being said – a life sentence recommendation is highly excessive.
him
how could you put his opinion on a lubavitche site
G.T.
I agree with “Oy Vey”’s comment.
disgusted
Maybe he should educated himself with the facts of the case before condemning Sholom Rubashkin. How can someone who does not know the facts of the case call this hero a poor example for youth?!
He should be ashamed of himself!!
May Hashem bring out the real truth and may Sholom Mordechai Halevi ben Rivka be released like he deserves!!
LOOK AT THE ENTIRE PICTURE!!
MAYBE THEY ARE SAYING THAT HE DESERVES “LIFE SENTENCE” IN ORDER SO THAT WE SHOULD TAKE OUR MINDS OFF THE OTHER MAIN ISSUES AND FOCUS ON FIGHTING AGAINST THE LIFE SENTENCE…
LETS FACE HE FACTS THEY ARE NOT STUPID, THEY KNOW HE CAN’T GET LIFE IN PRISON, THEY ARE TRYING O PLAY WITH OUR MINDS..
Pinchos Woolstone
At another time and in another place this would be called a “Blood Libel”.
This drips with the vile outpouring of Antisemitism.
Sholom Mordechai probably made mistakes, for which he deserves censure, but the US government and the court are trying to punish him far beyond any crime he may have committed.
The request that he be imprisoned for life, is no better that the manner in which Jews were treated under the Czarist Regimes.
Similar misdemeanors committed by non Jews in other states were met with much more lenient punishment.
Let us all do our own Teshuah and ask HaShem to turn around the hearts and minds of the wicked official so that very soon the Rubashkin family can be reunited and may this happen simultaneously with the arrival of Moshiach Tzidkanu NOW
zalmen the shiker
reb shmully maybe move to crown heights. shmully didnt have to write something, but he has a heart, a fellow chosid is trouble.
where are all boteach critics now. Time always tells the truth.
David Rimler
To OY Vey
I couldn’t agree more. Sentimentally the article reads well. But rationally, it is actually quite damaging. As someone who has been in the legal profession for more than two decades, if I was SR defence attorney I would be outraged. I think this is what one would call in Jewish legal jargon: “Yatza schoro b’hefsaidah!”