Monday, June 21, 2010
The Hon. Linda R. Reade issued a sentencing memorandumin the case of Sholom Rubashkin who is scheduled to be sentenced tomorrow. The case arose from a raid of his plant for alleged illegal aliens. The grand jury issued a 163 count Indictment against the defendant that charged him with conspiracy to harbor undocumented aliens for profit, harboring and aiding and abetting the harboring of undocumented aliens for profit, conspiracy to commit document fraud, aiding and abetting document fraud, bank fraud, false statements and reports to a bank, wire fraud, mail fraud, money laundering and willful violation of an order of the secretary of agriculture and aiding and abetting willful violation of an order of the secretary of agriculture.(see here for prior discussion of sentencing), He took the risk of going to trial and the jury returned some not guilty verdicts, but also many guilty ones. Interestingly, in state court he also risked trial and was found not guilty there. (see here) The government moved to dismiss the immigration counts. The court's Sentencing Memo methodically goes through the arithmetic of how the sentence was computed. The court fails to adjust the sentence to account for the defendant's son being "developmentally disabled" saying "such considerations of sympathy and compassion are present in all criminal cases that come before this court."
For those who claim that Booker and its progeny will be the demise of long sentences in white collar cases, they need only read this memorandum to see otherwise.
See also Grant Schulte, Des Moines Register, Rubashkin’s wife to leave Postville; Michael J. Crumb, Baltimore Sun, Judge: Former Iowa kosher slaughterhouse manager will get 27 years in prison, pay $27M; Doug Berman, Sentencing Law & Policy Blog, Kosher plant CEO Sholom Rubashkin sentenced to 27 years imprisonment