More Former AGs Question Sentence Sought in Bank Fraud Case

More former Department of Justice officials are voicing concern over the potential life sentence facing Sholom Rubashkin, the kosher slaughterhouse manager in Iowa whose sentencing on federal bank fraud and money laundering charges is set for this week.

On April 21, former attorneys general Nicholas Katzenbach and Edwin Meese III submitted a letter to Chief Judge Linda Reade of the U.S. District Court for the Northern District of Iowa that expressed concern about the guideline sentence proposed in the Rubashkin case. Former Deputy Attorney General Larry Thompson, who is now general counsel at PepsiCo Inc., and eight former U.S. attorneys also signed the letter. Click here for a copy.

Nathan Lewin, a lawyer for Rubashkin, said today that several more former DOJ officials—including former attorneys general William Barr, Janet Reno and Richard Thornburgh—have signed the letter submitted to Reade. Former Deputy Attorney General Jamie Gorelick and former Solicitor General Seth Waxman are also signatories, said Lewin of Washington's Lewin & Lewin. Gorelick and Waxman are partners in the Washington office of Wilmer Cutler Pickering Hale and Dorr. Thornburgh is of counsel in the Washington office of K&L Gates, and Barr serves on the Time Warner board of directors.

Rubashkin was convicted in November on 86 financial crime and related counts for his role in a scheme to defraud a bank that provided a $35 million line of credit to the Rubashkin family-owned Agriprocessors Inc., a kosher slaughterhouse in Postville, Iowa. At trial, Rubashkin, 51, admitted making mistakes regarding the loan; he denied any criminal wrongdoing. He has been jailed pending sentencing.

The lead prosecutor, Assistant U.S. Attorney Peter Deegan Jr., who called Rubashkin's fraud "extraordinary," noted in the government’s sentencing memo that Rubashkin faces a potential life sentence. Rubashkin’s lawyers argue that the guideline should not be followed. The attorneys say a six-year prison term, at most, is just punishment. A two-day sentencing hearing is set to begin April 28 in Reade’s courtroom.

The court has received more than a thousand letters and e-mails that support leniency for Rubashkin. The former DOJ officials said in their letter that they have read the government and defense sentencing memos but have not made an “independent effort to investigate the accuracy of the factual statements” in the court papers.

“The potential absurdity of the sentencing guidelines are on full display in this case because, at least according to the government’s proposed calculations, the advisory sentencing guidelines here recommend a life sentence for Mr. Rubashkin,” the former DOJ officials said in the letter. The letter writers said they “cannot fathom how truly sound and sensible sentencing rules could call for a life sentence—or anything close to it—for Mr. Rubashkin,” a first-time non-violent offender.

The former DOJ officials said the government’s sentencing position is “especially disconcerting” since district and appellate courts have repeatedly imposed and approved below-guideline sentences in high-dollar-loss white collar cases. “[W]e respectfully urge the Court to note and consider the peculiarity and potentially severe injustice of the applicable sentencing guidelines and of the Government’s extreme sentencing position in this case,” the letter said.

Comments

[S. Pritikin]

Mr. Buckley your comments are emotional but not at all logical. Breaking the law deserves punishment---but not LIFE IN PRISON for immigration violations as the prosecution is recommending. In this case, the recommended punishment does not come anywhere close to fitting the crime. Even violent criminals--murderers get less than 25 years.

Those of us who have been following this case consider the DOJ's attitude (refusal to grant bail for a non-violent first time offender) and obscene sentencing recommendations a gross miscarriage of justice. Contrary to your statement, no one has asked for special treatment for Sholom Rubashkin because of his religion or for any other reason. They have merely asked for the sentence not to exceed those of defendants in similar cases--which would be approximately 6 years.

Keep in mind, if the Feds were acting responsibly, Sholom Rubashkin would not have received the overwhelming support he has from all corners of the globe. But, this has not been the case which is why the prosecutor and judge have been inundated with letters and phone calls demanding fair (NOT SPECIAL) treatment.

Whether low-level workers were prosecuted or not has no bearing on this particular case. If prosecuted, they would be facing charges for other criminal behavior such as falsifying legal documentation--which would have a different punishment.

The bottom-line is that the lives of the ALL of the employees, not just the illegal immigrants were severely impacted, not by Agri or Rubashkin but by the federal government who cannot decide whether to enforce immigration laws, amend them or give everyone amnesty. The federal commando style raid shutting down the plant was an over-reaction that caused much pain and suffering by all involved and someone in the federal government should be held responsible for that SNAFU.

[bknyus]

Buckley: The undocumented workers profited from a salary thanks to Rubashkin that they could not receive in their native country. Rubashkin should not be punished because the Feds ruined their lives and are sending them back. Even the Feds removed the immigration charges from Rubashkin's case. He doesn't deserve even six years; he should go home today!

[Menachem]

Rubashkin is in no way popular. In fact, he is very unpopular which lead to this crazy sentence recommendation (which led to subsequent outrage).

[Mike]

So if you're popular, it's OK to steal millions?

[Steve]

G. M. Buckley:

You go from site to site posting your hatred against this man, just because it was your relative who was the low level employee that was charged it does not mean it is Rubashkins fault.

Do you think the owner of coca-cola knows who is working down in the plants and in the cleanup crew?

[G. M. Buckley]

Mr. Rubashkin deserves far more than the 6 years suggested by his friends in the government. The federal government destroyed the lives of hundreds of hard-working immigrants and chose to prosecute only the low and midlevel employees for the immigration and child labor violations. Mr. Rubashkin profited from the labor of undocumented workers and children for years, but was not even prosecuted for those crimes. He should not receive special treatment due to his religion - the largely Catholic workers who have been removed back to their home countries after a gross miscarriage of justice certainly did not receive preferential treatment due to their religious beliefs.