Sentencing hearing held in federal court as Sholom Rubashkin's fate slated to be decided by May 27

by Sharon Drahn,
Postville Herald

A sentencing hearing for Sholom Rubashkin, former manager of Agriprocessors, Inc. in Postville, was held last Wednesday and Thursday, April 28 and 29 in the U.S. District Court in Cedar Rapids. Rubashkin, who has been incarcerated since November 2009, was found guilty of 86 financial fraud charges. Those charges were the result of fake invoices he made to show a lending agency that Agriprocessors had more money than it actually had. According to the prosecution, Rubashkin’s actions cost the bank $26 million.
An immigration-related trial involving Rubashkin, which was to be held after the fraud trial, was canceled.
The proposed sentence of 25 years led 23 former prosecutors to send a letter to the presiding judge, Linda Reade, asking for a shorter sentence. Among those who signed the letter is former United States Attorney General Janet Reno.
The letter states that Rubashkin, a first-time offender, is a non-violent person whose personal history suggests “a sentence of a modest number of years could and would be more than sufficient.”
When passing down the sentence, Judge Reade may consider factors other than Rubashkin’s conviction, including his involvement in employing workers who were convicted of immigration violations and deported.
Leah Rubashkin, Sholom’s wife, was among those testifying on his behalf at the two-day sentencing hearing.
At the hearing, which will determine how long he will spend in federal prison, she spoke of Sholom’s devotion to Agriprocessors. She reiterated his frustration and concern for the plant during the entire time he was in charge of operations there.
Leah also spoke about the hardship the family has endured since he has been in prison. She said the incarceration of Sholom has been especially hard on their autistic son, 16-year-old Moishe.
Also speaking at the sentencing hearing was a CPA from New York, Abe Roth. Roth said it was his opinion that the failure of the banks to use due diligence in examining Agriprocessors’ records led to the bank’s losses.
Rubashkin took the stand on his own behalf Thursday when he told the judge and those in attendance that he was sorry for the bank fraud and immigration scandal which occurred at Agriprocessors while he was in charge. He apologized to the community, his wife and children for “the harm I have caused them.”
Assistant U. S. Attorney Peter Deegen asked Judge Reade to impose a 25-year sentence for crimes that show a complete and utter disrespect for the law. In court papers, prosecutors listed factors of Rubashkin’s crimes that add to a mandatory life prison term under federal sentencing guidelines.
Deegan said the “astounding violation of immigration laws” justify the sentence. Deegan said the fraud was the largest ever in Iowa’s northern judicial district.
He said, “Rubashkin’s life story has nothing to do with his potential sentencing. His sentencing should be based solely on the crime.”
Speaking on Rubashkin’s behalf, his attorney, Guy Cook said, “Twenty-five years amounts to a life sentence for a 50-year-old with ten children.”
Defense lawyers have asked for a sentence of six years or less as they noted Rubashkin’s clean criminal record before the raid.
Judge Reade is expected to release a written sentence ruling on or before May 27.