New York – 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.
Join our WhatsApp groupSubscribe to our Daily Roundup Email
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 www.shmuley.com.
Wow, so true
If Rubashkin was not a Jew, and he did the same exact activities, how many of you would care if he was sentenced to life? What if Rubashkin wasn’t Jewish, had 10 children with a lady, one autistic child, how many of you would complain that he has 10 children as a goy and is irresponsible? I think the first step is Rubashkin finally admitting to what he did. He has a lot of people in the Jewish community believing he never did anything. I find this to be curious, because if a black person did the same thing, to help aid his black community, donate to the black community, would people still view that black person as a good person. Is it quite possible that Rubashkin had two lives, the tzzadik lifestyle and the fraudulent lifestyle. Should those two lifestyles be compared to each other. If a rabbinical phedophile hurt a child, but donated lots of money to a children’s society, would that make that Rabbi a good person? Good deeds doesn’t negate bad deeds. I don’t understand how some of you equate mitzvahs with avieras.
Reb Shmuley, Your hit the hammer on the nail. It would certainly help if you can please get your influential friends involved to stop this injustice.
this whole thing is so disgusting. the poor man. why put him in jail at all? he didnt hurt anyone. the goyim should be more upset at this case than the yidden, because they are the one’s abusing this poor man
I’m surprised the prosecutors didn’t ask for the death penalty, we truly are living in a modern day Sodom…
Shmuley Boteach is right about the harshness of sentencing guidelines for white collar criminals, however he is wrong on a few of points.
1. The fact that he has ten children, one of whom is disabled, should play no role in the severity of his sentencing. Ditto with his charitable endeavors.
2. The employment of illegals is primarily motivated by the desire to maximize profits, so to suggest that he did nothing for personal gain is false.
3. Two wrongs don’t make a right. The Wall Street robber barrens that have defrauded millions of hard-working Americans with their out-of-control greed, should also be prosecuted and thrown in prison.
The problem ultimately is that our justice system is not designed to rehabilitate or even to require restitution. It is designed to punish and absorb the enormous expense of imprisonment, producing little of value to society. If this were really about justice, Rubashkin would get a couple years in prison (including time served), and would be made to pay back every dime he has defrauded with interest.
The goyim know that we Jews are supposed to exemplify moral behavior – even if we forget it much too frequently – and they hold us to a higher standard.
Finally- a fair and balanced plea for Rubashkin that doesn’t paper over his crimes. This is one I can back.
So True! He falsified documents to keep people employed and to give them livelihood and keep them with bread to put on their tables to feed their family’s(not like other monsters who falsified documents to steal peoples livelihoods and life time savings) Even a blind person can see the difference between good and bad!
P.S and to watch how the feds turn a blind eye to alien immigrants,they even make it accessible for them to get driver license, doesn’t this make a point that the government doesn’t view employing them is a real crime?
This is the most balanced post on the Rubashkin issue since it broke.
Isiah says: The CURSE #18 is Talei Ubnei Talei. You go figure the teitch.
He is not being sentenced for the fraud ALONE.
But the damage the Rubashkin’s did over the many years to countless g-d fearing jews, and non-jews.
It is his attitude that he is being punished for.
If he would have plead guilty, instead of this nonsensical
PIDYON SHIVUIM ( please sell your jewelry ) I don’t want to sell
my house on 15th Ave. he probably would be out on bail ( pre-sentence )
and gotten a minor prison term.
He rolled the dice and CRAPPED OUT.
The moral of the story is never start with the Feds. They always win.
Rubashkin is no hero?
Rubashkin is my hero. The man did more chessed than people do in a hundred lifetimes.
His misdeeds are more than Kosher or nonkosher. They elipse fraud, stealing, knowingly hiring illegals, underpayment. The list goes on and on.
Why don’t you caution parents to teach their children proper midos art home, what it is to be a good Jew, a good citizen, rather than commit all the egregious crimes that SMR, has been found guilty of.
A man goes 65 mph in a 35 mph speed zone, The guy asks the cop to give him a break. The cop comess back and hands him a ticket for SPEEDING. The Jewish guy says to himself. ANTI-SEMITE cop. Maybe he should just keep quiet, ADMIT he was wrdsong, pay the ticket, and watch his spee. IT’S CALLED PERSONAL RESPONSIBILITY!
The man was found guilty on 86 different counts, including fraud and money laundering. To commit fraud or launder money once is do do something very wrong and, for that matter, very serious. Mr. Rubashkin was pretty much found guilty of being a one-man crime wave. He still faces serious charges pertaining to the violation of immigration and even child labor laws. I doubt he’ll go to jail for life, but he really ought to do significant time for what he has done.
Great article. Reb Shmuel is the most underrated frum person. He really makes very convincing arguments. He has a great show on 770 and I listen when I can. He is also very respected amongst the goyim.
BS”D
Interesting point of view. Well put. Takes the politic out of it and puts the focus on common sense and the humanity of the situation.
yg
Based on the ‘logic’ of the govt (what an oxymoron! govt & logic), they should put EVERYONE who voted for any of Porkulus Bills or the ObamaCare Bill in jail for life. They would also put crooks like Barney Faygie Frank in jail for what he did to the housing market & the economy in general.
Get the real crooks!
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 doesnt 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.
for all those jews who feel negative towards rubashkin, please don’t advertise your thoughts in public on blog etc… you don’t have to represent the satan hamekatraig’ and be the cause for additional punishments g-d forbid.
The only way Obama has a chance to get my vote is if he changes the laws and punishment of money crimes the same as the other social countries. This is the biggest crime in this country.
This is crazy!
Finaly Someone capable of brining this IN JUSTICE to ligh Thank You Rabbi Shmuley
http://online.wsj.com/article/SB10001424052702303491304575187920845670844.html :
The lawsuit is connected to trades that brought big profits to a hedge fund, Paulson & Co. The fund’s chief, John Paulson, bet that the housing market would collapse and risky mortgages would tumble in value. Paulson & Co. made $15 billion in 2007, a payday that put Mr. Paulson in the pantheon of some of Wall Street’s most successful traders.
***Mr. Paulson wasn’t charged by the SEC. ***
According to the SEC, Goldman structured and marketed a synthetic collateralized-debt obligation, or CDO, that hinged on the performance of subprime residential-mortgage-backed securities.
The CDO was created in early 2007 when the U.S. housing market and related securities were beginning to show signs of distress, the SEC complaint said.
“Undisclosed in the marketing materials and unbeknownst to investors, a large hedge fund, Paulson & Co. Inc., with economic interests directly adverse to investors in the [CDO], played a significant role in the portfolio selection process,” the complaint said.
Read the whole article. Compare to this Reb Sholom’s case. Open your eyes!!
A few points.
1) He did have 87 counts of fraud, and guess what you and your kid did when you signed up for a credit card and gave a higher income than you actually make.
2) This bank was dealt with many times and they knew there was a raid and still they lent, had the gov. not come in and destroy the business, he would still be paying.
3) They counted the same bank as 87 counts of fraud. (Similar to the 900 whatever counts of child endangerment 3 per day for 3 seventeen year olds with facial hair that lied about their age (there was good reason for the gov. to drop all of the illegal accusations.)
4) All grose mavinim the effect it will have on his family and a autistic son IS brought up in court all the time, and while the judge does not need to take it into account according to the law, he can and more often then not does.
5) What he did with his money is very relevant as it sheds light onto the root of the crime (greed/trying to stay afloat…..)
Regardless 27 years is completely crazy, and if you cant at least feel sympathetic (when this man was responsible for saving you a fortune till today! on meat) check your yichus “givonim”…..
Undoubtedly, Shmuly Boteach is right and Sholom Rubashkin does not deserve anything remotely close to life in prison.Hopefully he will not get it either.
My one problem with Boteachs piece is the non sequitur about the ten kids, autistic son and philanthropy.Why water down the righful claim that the Goverment is overeaching in a terrible way using silly claims like the above.
The travesty of demanding life in prison is more than enough.
A couple of questions for those in the know:
1. how much of the 27 mil was obtained through the fraudulent documents and how much of it did/would they get had there not been any “fraud”?
2. how many unique “actions” was he charged for? i.e. of the 87 counts how many unique “actions” were those applied to?
This editorial is spot-on.
However, the comments about “antisemitism” are just ridiculous. Are you people saying that the George Bush’s Justice Department was antisemitic? Really? Stupid, maybe… but not antisemitic.
“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.”
Besides player with words, what’s the difference? Either way this is America and justice should be based on your actions not you religion, that’s anti antisemitism to a degree.
Raboisai, can’t we see the writing on the wall. This is like Germany in the 1930’s, the yekkes could not believe that such a secular and tolerant country could ever turn on the yidden.
Now at least we have where to go. Do we need yet another churbun to happen?
There is only one solution before the final solution.
And poor Andy Fastow the CFO of Enron who one could argue was chief architect of the fraud which caused losses of 60 BILLION (maybe more than Madoff) got 6 long years in jail the big difference is good old Andy is part and parcel of the rotten good for nothing self hating pieces of garbage which have helped destroy this country and elect our “esteemed” leader. and thats exactly why over zealous prosecuters in back country Iowa have turned so vehemently against Rubashkin because they view both of them the same while we know thats not the case. If we as frum yidden would openly denounce those estranged brothers of ours (and its a long list I could take up pages) who have caused such tremendous damage to the country and world at large maybe just maybe the prosecuter in Iowa would look differently at Rubashkin.
The reason the government is asking for such an extreme sentence is because even though it was blatantly obvious Rubashkin was guilty he never cooperated with the government. Worse someone orchestrated a campaign accusing the government of anti-semitism. Once his guilt was established at trial despite his using all his rights l, the prosecutors decided to use all of their rights and are trying to have the guilty man put away as long as they could. Obviously, life here seems excessive. Just remember that all these other people convicted who got lighter sentences did not run such an obnoxious campaign against the government.
and one more thing not all estranged brothers look that way some appear to look the same we will know the truth when our modern day makkas choshech comes.
I’m glad to see someone in a position like Rabbi Boteach condemn the acts of SMR and insist he do the time. Is a life sentence fair? Not at all. Should he receive one? NO. But SMR and his handlers, not the feds, are to blame. If you refer to one of the emails circulating to sign the Free Rubashkin petition it has been pointed out how crooks who stole more, like Turkcan, got a year and a day, and Gieseker got 9 years. Yet SMR is facing a recommendation of life? How unfair. How antisemitically racist. Right? Wrong. Those two plea bargained and cooperated. SMR? The denials, the refusals to cooperate, the destruction of evidence, the perjury, the cover up, the cash, the tampering with witnesses, all of that is why SMR is where he is and facing so harsh a sentence – not because of the diversion of funds and the actual fraud. While Gieseker was busy cooperating with the feds to work up a plea that would allow her to get out of jail in the foreseeable future, and that included restitution, Rubashkin was sending Hosan Amara on El Al with a one way ticket. Cavalier arrogance is simply not a formula for success when the plaintiff is the USA.
Look at Jonathan Pollard – other people have done exactly what he did, but no life sentence. It is all part of the admistration’s policy toward unzere menchen.
Raabi shmuley you are the best
If anyone is interested in finding out the truth, go to justiceforsholom.org
The fact is, we should not have a knee-jerk approval of everything the government does.
I bet in Saudia Arabia, when a person gets their hand chopped off for stealing, or their head cut off for adultery,the population there feels its pretty reasonable.
“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”
IF IT WASNT FOR PERSONAL GAIN, HE WOULD HAVE HIRED LEAGL WORKERS AT FAIR PAY AND BENEFITS…THE ONLY REASON YOU HIRE ILLEGALS IS TO SAVE MONEY….IT WAS all PERSONAL GAIN. THIS IS INFURIATING.
“That he and his family are legendary in the Hassidic community for their charitable giving, their hospitality, and their communal involvement”
Yeah? So was Dweck…..your whole community was riding on his coat tails and praising him for YEARS. How did that work out for you? puh-lease.
The fact is he did nothing to harm anyone and didnt harm anyone. He gave people jobs. He provided meat to Jews everywhere just so that could have kosher. This is why he made the mistake of hiring illegals- to make it affordable. Notwithstanding the fact that almost every meat processing plant in the country hired illegals.He made the mistake of going against a legal system.
The question is a question of justice. Is it FAIR for this man to be in jail for life?
The Federal White Collar sentencing guidelines are simply off the wall. They are quite obviously a reflection of a society that values money over life. Add in the fact that there is no parole in the federal system, no conjugal visits and your life may as well be over. I don’t think its as much a Jewish issues as it is an imbalance in the federal sentencing guidelines. These types of prosecutorial abuses would be harder to get off the ground if the sentencing guidelines made more sense! Only congress can do something about this.
The fact is that so many even amongst the Jewish community, there is an added vitriol and hatred for SMR because he is a Chassid and they were the ones that jumped on all the allegations – many of which were thrown out.
It does not take a rocket scientist to conclude that with this level of animosity amongst Jews against Chassidim, that it exists for some red neck in Iowa. Lets not be naive about this country.
America aint Brooklyn. Anti-semitism is alive and well in this country. Was it the cause of the raid and prosecution? Probably not. Did it give carte blance to the prosecutors against SMR knowing that very few would take issue with extra harsh measures against a Jew with a hook nose and a black coat? Absolutely.
It is not anti-semitism at play here, but xenophobia, or dislike /distrust of the OTHER.. This is true for Iowans, the prosecutors, the judge, and sadly, judging from the vitriolic and mean-spirited comments right here, this is true even for other Jews.
Another person’s misfortune should never be the source of your jubilation.
The banality of evil is pretty easy to explain.
A little clarity here please. What R. Rabashkin was conviced of carries a statutory maximum of life (a 44 under the sentencing guidelines). The guidelines are now advisory — after the Supreme Court struck them down this year, they are no longer mandatory. The probation dept., NOT the prosecution, prepares the presentencing report that did the calculation and showed the crimes merited a 44 designation. The prosecution in its submission did not ask for life — just a “substantial sentence”, which anyone would expect them to (they are, after all, the prosecution). I do not in any way mean to question the severity of any of this…but the actual fact is that even the prosecution isn’t specifically arguing for a sentence at the top of the guidelines.
It looks that the judge, and the ppl involved in this judgement do not go never to a gas station or to a carwash!
Shame on the chabad movement for ignoring this noble cause. Why haven’t the shluchim lobbied on Rubashkins behalf. How many shluchim benifited from Rubashkins chesed. How many shluchim received free meat for year from the Rubashkins.
In reading all the comments and refraining from commenting on the intelligence of some, my only wish for all is that they be judged as they judge others! I’m amazed at the vitriol that some spew, all in the name of “Justice”. May G-d grant you what you wish on others.
And have a nice day.
it’s time for the frum jews to stop voting republican, every one knows that they believe in extraordinary sentences.
Rubashkin’s autistic son and rest of his children have no bearing on this matter. Many business owners have the same number of children and abide by all laws.
Before you all jump to conclusions, let me state and leave no wiggle room, I am hoping and praying that the judge should have compassion on SMR when she hands out the sentence. That said let me congratulate Rabbi Boteach, I agree with the substance of your editorial but not every word.
As for the dimwitted posters who cry foul and accuses the prosecution of anti-Semitism are doing a disservice to SMR first of all, the government did layout in their sentencing memorandum the uniqueness of this fraud which was not the garden variety, it was a well executed *sophisticated* undertaking by SMR to raise operating capital and the fraud was initiated a year before the raid. Additionally the government on page 41 claims that SMR caused to divert over 1.5 million dollars from the companies account to his personal account you be used for his own personal use. Interesting to note that SNR’s attorneys wrote in their motion for downward departure, page 15 that the total charity given by SMR from December 2006 – October 2008 was equaled to $445,404.00, for sure not peanuts but less than the 1.5 million that he diverted to his personal use. Additionally if you look closely at the specific places where he gave to, you will noticed a large concentration was to political Republican causes, (me as a liberal) in my book that is not charity. We all need to remember, that as much as SMR’s lawyer is doing their job, and requesting a sentencing not to exceed 6 years, the prosecution is doing their job and requesting a stiff sentences. The only thing we could hope and pray for that the judge comes in with compassion, and finds a middle way.
Rabbi shmuly, great great point
Talk about it on ur program, put it in the spotlight
Kill a person in the U.S. and you will go to jail for 10 to 20 years.
Defraud a bank in the U.S. and you will go to jail for life.
Guess what’s most important in the U$A, life or money?
Guess who’s most important in the U$A, God or the Almighty Dollar?