Shock: 27 Years for Rubashkin

By COLlive reporter

Family, friends and supporters of Sholom Mordechai Rubashkin expressed outrage after the federal court announced a sentence of 27 years in prison for his bank fraud conviction.

Chief U.S. District Court Judge Linda Reade issued a sentencing memorandum Monday outlining the sentence she will impose on Rubashkin during Tuesday’s hearing in Cedar Rapids.

“The court finds that the appropriate sentence is 324 months of imprisonment, followed by 5 years of supervised release,” the judge ruled.

Reade indicated in the document she would not impose a fine on the former manager of the Iowa kosher slaughterhouse, but he will be ordered to pay nearly $31 million restitution.

A jury found Rubashkin guilty on 86 federal financial fraud charges last fall.

Rubashkin’s attorney Guy Cook says the sentence is unfair and excessive that that Rubashkin’s conviction and sentencing will be appealed.

“The sentence is greater than necessary, indeed, it is greater than what the government asked for,” said Cook. “It is unfair and excessive, essentially a life sentence for a 51-year-old man, and is not in the public interest.”

Rubashkin’s sentence is particularly harsh when compared to others convicted of similar crimes. Mark Turkcan, president of First Bank Mortgage of St. Louis, who misapplied $35 million in loans, resulting in a loss of approximately $25 million, was recently sentenced to 1 year and 1 day in prison.

The Rubashkin family and its supporters remain committed to pursuing all avenues towards a fair sentence, including appeal (which is already in the works, COLlive.com was told).

“It is heartbreaking to see the judge and the prosecution make an example out of Sholom Rubashkin at the expense of his family and his community,” said his wife, Leah Rubashkin.

“What has happened today is inconsistent with the idea of equal justice under the law. All we have asked is that he be treated the same as everyone else.”

They continue to call on the Justice Department to investigate the pattern of overzealous prosecution in the Rubashkin case, which included the life sentence recommendation.

“The way this case was handled may go down in history as a permanent stain on American justice,” said Nathan Lewin, an attorney overseeing Rubashkin’s appeal.

“Rubashkin has been targeted by prosecutors in Iowa from the very beginning, and has been treated unlike other similar defendants. We have asked, and continue to ask, the Justice Department to review the numerous instances of prosecutors stepping outside the bounds of standard and decent conduct in this case.”

U.S. attorney spokesman Bob Teig declined comment until the sentence is imposed.

Friends asked to keep praying for Sholom Mordechai Halevi ben Rivkah and to participate tonight, Monday, 9 PM, in the support rally at Bais Yaakov in Boro Park and via live broadcast of COLlive.com.

DOWNLOAD: The sentencing memorandum (PDF)