By COLlive reporter
The legal team of Sholom Mordechai Rubashkin has filed a “Merit brief,” arguing for the inherent rights and wrongs of a case absent any emotional or technical biases on Monday.
This brief in that 2255 Proceeding is the culmination of almost 3 years of investigation during which Rubashkin’s lawyers obtained irrefutable evidence in the case that many consider a travesty.
They prove that the prosecutors wrongfully interfered in the Agriprocessors bankruptcy intimidating potential buyers and thereby substantially decreasing the ultimate sale price.
They also claim that at Rubashkin’s sentencing, the prosecutors knowingly put on false testimony to conceal the impact their actions had on the loss incurred by the victim bank thereby misleading the judge into laying the blame on Sholom and sentencing him to 27 years in prison.
As the brief describes in detail, Rubashkin’s sentencing in connection with the federal prosecution for financial fraud depended on the amount of financial loss incurred by the victim bank which, in turn, depended on the purchase price offered and ultimately paid by prospective bidders in bankruptcy for the assets of Agriprocessors.
The prosecutors threatened each prospective bidder with unjustified and unauthorized forfeiture against any prospective bidder who would use Sholom’s father, Aaron Rubashkin in a management, consulting or ownership capacity at Agriprocessors.
The effect of threatening this unauthorized forfeiture was to substantially reduce the purchase price and thereby create the loss incurred by the victim bank.
Had the assets sold for $40 million (the size of an offer the bankruptcy trustee declined to accept because he thought it was too low), Sholom Rubashkin’s loss amount would have been $0.
The resulting Sentencing Guidelines range would have been 30-37 months rather than the 27-year sentence Rubashkin is currently serving. Rubashkin has served more than 79 months as of this writing.
At sentencing, prosecutors presented false testimony from Paula Roby, an attorney representing the Agriprocessors bankruptcy trustee. She testified, under oath, that prosecutors did not prohibit Aaron Rubashkin from having a role in the business, or otherwise affect any prospective bidders or the bankruptcy sale price with the threat of criminal forfeiture.
Roby said any suggestions to the contrary were based on unreliable rumors (“the grapevine can be a very unreliable thing”). The Judge accepted Roby’s testimony in her calculation of the loss attributable to Sholom.
The brief is chilling, people familiar with the matter say. “This singular travesty of justice cries out more than ever for relief.”
DOWNLOAD:
+ Appendix for Merits Brief 2255
This is what we call an overzealous prosecution!!
Just free the man he’s innocent, put Judge Linda Reade in Jail in his place.
And I have no faith in the judges to do anything about it b/c they are mostly former prosecutors who know the game well. Hashem will take him out when He wants.
Yeshua achshav b’vakasha, Hashem!!!!
We are all davening for you and can’t wait to see you here in Crown Heights very soon!
I hope you will join your family for this upcoming Peisah as a free man – and I wish you to start fresh & new & more successful life
Does this qualify them for disbarment?? I mean its pretty bad…
Does this qualify them for disbarment?? I mean its pretty bad…
His name is shalom mordechai May hashem use the mordechai just like mordechai Esther’s uncle and since they have the same name may hashem use it and help rabashken out of jail. Purim is a time of miracles Matthias be one and he should be saved like mordechai saved from Hamas he should be saved from our “haman” (the goyim)
this is pure anti semitisem
B”SD
We must keep our emunah strong, he will be released & WE WILL ALL CELEBRATE WITH HIM & ALL OF OUR LOVED ONES ALONG WITH MOSHIACH TZIDKAYNU BE’YERUSHALYIM HABNUA VERY SOON IN OUR DAYS!!
1. Moshiach comes NOW and he’s free! If not…
2. This new evidence gets him released immediately. If not…
3. Obama pardons him upon leaving office.
I vote for # 1 but I’ll take 2 or 3 if not …
we are behind you
I agree…this month should finally be his geulah amd he should IY”H spend purim and pesach freely with his family.
May Sholom Mordechai have a complete freedom NOW! And may we celebrate with the coming of Moshiach! Amen!
This Paula Roby and the sentencing judge seemed to have been cahoots long before the Rubashkin case, google this ladies name and you will see on her law firm profile that she was an assistant to or appointed by the sentencing judge to something or another
sholom mordechai rubashkin should be freed immediately. what ever hashem wants, goes!!!
People get less time for selling drugs
We want Shalom Moderchai With a name like Mordechai to be
Freed right now this Purim !!!!! So our simcha can be complete and we can celebrate all united together
It’s very realistic that when a center peace of the sentencing is revealed to be false, the sentence is reduced to the “proper” amount of time which is 37 months. Read the brief yourself and you’ll change you mind.
Righteous Yidden have been imprisoned from time immemorial by the memshala for reasons only Hashem knows, B”H Moshaich Now We Don’t Want To Wait
Think like a yid!! We are Hashems children don’t get stuck
In your limited reality … Reality should be justice anyway! The whole case was a kangaroo court with lies lies and more lies!!
What kind of reduced sentence???!!! IMMEDIATE RELEASE nothing less! The whole story is a far cry from what reality especially in America should be…..
To all the good news in advance,Moshiach now!!!
Lock the prosecutors up in jail to serve the sentence in replacement for Rabbi Sholom Rubashkin!!!
1 they should serve his full sentence. 2 he should be properly compensated. 3 they should have a right to (at govt, expence0 establish a new business.
Release Sholom Mordechai immediately and compensate him for wrongful imprisonment. No money can replace the time they stole from him but putting the judge and prosecutors in jail will teach them some lesson.
BTW #7 u r a Yidiot.
I hope that this gets Sholom a reduced sentence, but it’s a long shot argument. All we can do is pray.
Besuros Tovos and Moshiach now
BS”D we can use a BIG SIMCHA such as his immediate release will generate
Had the government not done what they had the losses would have been 0. It’s ridiculous that they are the ones who cause the destruction but they make him pay
Its this man…!
Our ancestors were shown a miracle on Purim. May Hashem bring a miracle down a miracle for Sholom Mordechai, who shares the tzadik’s name. Ken yehi ratzon.
Just like mitzraim sholom shuld be freeeeeeeeeee!!!!!!!!!!
My hope and wish is for Moshiach
He will be freed shortly and the US Government awards him $500,000,000.00 His prosecutors get to spend as much time in prison as did he. This is my hope an wish
Amen
let us see an immediate nahaphokh hu and have Rubashkin released asap
I agree…this month should finally be his geulah amd he should IY”H spend purim and pesach freely with his family.
Please Hashem please!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Please let the month of Adar Sheini be a month of Mazel for Sholom Mordechai Rubashkin.