#BreakingNews: Explosive evidence of prosecutorial misconduct in the #SholomRubashkin trial filed in court today. Details to follow soon.
Jewish News™
#SholomRubashkin #KolMevaser
Earlier today a “Merits Brief” was filed in #SholomRubashkin's 2255 proceeding. This brief is the culmination of almost three years of investigation during which Sholom’s lawyers obtained irrefutable evidence that (1) the prosecutors wrongfully interfered in the Agriprocessors bankruptcy intimidating potential buyers and thereby substantially decreasing the ultimate sale price and (2) at Sholom’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, Sholom’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, #AaronRubashkin 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’s loss amount would have been $0. The resulting Sentencing Guidelines range would have been 30-37 months rather than the 27-year sentence Sholom is currently serving. Sholom 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. Ms. 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. This singular travesty of justice cries out more than ever for relief.
Credit: Yated Neeman
As the brief describes in detail, Sholom’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, #AaronRubashkin 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’s loss amount would have been $0. The resulting Sentencing Guidelines range would have been 30-37 months rather than the 27-year sentence Sholom is currently serving. Sholom 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. Ms. 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. This singular travesty of justice cries out more than ever for relief.
Credit: Yated Neeman
Jewish News™
Earlier today a “Merits Brief” was filed in #SholomRubashkin's 2255 proceeding. This brief is the culmination of almost three years of investigation during which Sholom’s lawyers obtained irrefutable evidence that (1) the prosecutors wrongfully interfered…
Merits-Brief-2255.pdf
310.4 KB
Mertis brief for #SholomRubashkin | 52 pages | #PDF | 310 KB
#DesMoinRegister,the biggest News Paper in #IW, just posted an Editorial in support of #SholomRubashkin against the prosecutions misconduct!
http://goo.gl/BxWpTv
http://goo.gl/BxWpTv
Des Moines Register
Editorial: Did federal prosecutors railroad Rubashkin?
U.S. attorney's office is accused of misconduct
107 former Justice officials think the #SholomRubashkin case was handled unjustly. #USDoJ must act!
https://goo.gl/M9BiiP
https://goo.gl/M9BiiP
Washington Post
107 former Justice officials think this case was handled unjustly. DOJ must act.
Sholom Rubashkin was sentenced to 27 years for bank fraud based on perjured testimony and prosecutorial misconduct.
#IA: #SholomRubashkin judge #LindaReade bought private prison stocks, 5 days before #Postville raid. Stock prices doubled afterward.
https://goo.gl/iUQwJW
https://goo.gl/iUQwJW
Mother Jones
A Federal Judge Put Hundreds of Immigrants Behind Bars While Her Husband Invested in Private Prisons
Judge Linda Reade's husband bought more prison stock five days before one of the nation's biggest immigration raids.
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#FL: President #DonaldTrump’s motorcade slowed down and he waved as he passed group of Jews holding signs in appreciation for releasing #SholomRubashkin
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