By The Des Moines Register and COLlive
Federal prosecutors dismissed immigration charges against Sholom Mordechai Rubashkin Thursday in a move that generated renewed hope among his supporters.
The decision spares the former Postville Agriprocessors meat plant manager a second federal trial on 72 immigration-related charges.
But he still could spend the rest of his life in prison after a South Dakota jury convicted him of 86 business-fraud charges.
Rubashkin and his supporters continue to maintain that he had done nothing illegal.
Assistant U.S. Attorney Peter Deegan Jr., one of three federal prosecutors who argued the case, said Rubashkin has already been convicted of the most serious charges listed in the indictment.
Dismissing the charges, Deegan explained, also will avoid an extended and costly trial and lessen the inconvenience to possible witnesses.
Rubashkin lawyer Guy Cook said he viewed the dismissal of the immigration charges as a victory for his client.
“Frankly, the government should have done this a long time ago. In spite of the way the government characterizes things in its motion, we believe it overstates the verdict on the financial case in South Dakota,” Cook said.
But a member the the Pidyon Shvuyim committee for Rubashkin told COLlive: “Immigration charges have not been fully dismissed, rather postponed for 5 years, at which time they may file them again.”
Rubashkin is being held in the Linn County Correctional Center in Cedar Rapids. He is awaiting a ruling by Judge Linda Reade on a request by his lawyers that he be released on bail while he is awaiting sentencing.
Cook said he plans to file a motion this week for a new trial, based on what the defense believes are legal errors in the prosecution and trial of the case. If the new trial motion is not granted, an appeal will be filed, he said.
Rubashkin Trial Coverage:
+ Is Rubashkin The Victim?
+ Rubashkin Denied Basic Rights
+ Rubashkin Awaits Bail Ruling
+ Hecht Slams False Media
+ Jury Finds Rubashkin Guilty
+ Tanya Printed in Sioux Falls
+ Dear Shalom Mordechai…
+ KAJ Rov Testified in Sioux Falls
+ Rubashkin: I Made Mistakes
+ Lawyers Decline Elder Rubashkin
+ 200 Visited Rubashkin’s Trial
+ Justice in Middle America
+ ‘Please Attend Rubashkin Trial’
+ Hecht: Rubashkin will be Vindicated
+ Rubashkin Rejected Plea Deal
+ Busload Travels to South Dakota
+ Rubashkin Trial Starts Tuesday
+ Newspaper Ads Demand Justice
+ Error Halts Rubashkin Appeal
+ Rubashkin Daughter Pleads Help
it is a good start and we hope they will stop and leave him go!!!
in my opinion, they did this so that he would not go out on bail, since he would be sentenced right away… h”y
DIDAN NATZACH!!!!!!
MAZEL TOV!!!
That he is only going in in jail for the main charges which were the fraud ones, the immagration ones he doesnt have to go to jail for.
May Moshiach come B’MHAYRA V’YOMAINU AMEN!!!!!!!
Keep Sayimg Tehillim!!
We Will Pull Through!!!
WOMEN, PLEASE SAY HIS NAME AT HAFROSHOS CHALLA, AND AT LICHT BENCHEN.
This is far from being an acquittal of the immigration charges. The charges were dismissed without prejudice. This means that the government can decide to bring the charges once again, if and when they please. This is a tactic by the prosecutors to spend as little as possible on prosecution and get the maximum time in jail. If Sholom Rubashkin does not get at least a lifetime sentence or gets exonerated on appeal, it is possible and maybe even likely, that the government will refile the charges. As far as I can tell, they’re not interested in putting more money… Read more »
did they say yet about how long he will be in prison?
rosh chodesh kislev to yud kislev to yud daled kislev to yud tes kislev , lets see the rubashkins have a their geula pratis together with the geula shleima now now now !
the gov did this for not good reasons but its better then having it loom over rubashkin family’s heads
one eitzah:say more tehilim
Its really the Aibershter who runs the world. Let’s keep davening & having BITOCHON!!
I read on CBS news that the charges WERE dismissed
and not just that it states
“During the financial fraud trial, Rubashkin’s defense attorneys protested the government’s introduction of testimony involving alleged immigration violations. In the motion, prosecutors acknowledge that several of the charges in the financial trial were based on the assumption that Rubashkin harbored illegal immigrants.”
even whithout an appeal wont the case have to be taken back to court cause of this?
waiting to hear the rest of the good news!
mazel tov!
still saying tehillim!
The government basically says sentencing guidelines make the fraud charges so severe that they eclipse the penalties for the immigration charges. So the government has asked the judge to dismiss the immigration charges against Rubashkin and Agriprocessors without prejudice. This means that, if circumstances change, the government can bring the immigration charges again.
He is still facing 1200 + years for the conviction in the fraud case last week. He still remains in jail.
They dropped the immigration trial because they believe that Rubashkin will, chas v’shalom, get a very stiff sentence for the fraud trial. They probably never intended a trial for the immigration charges in the first place since they brought it up anyway in the first trial. that way they avoided charges of the judge’s unimpartiality.
“In court papers filed Thursday, the attorney’s office said some of the convictions were premised on Rubashkin knowingly making false statements to the banks about harboring undocumented immigrants at Agriprocessors. Jurors found Rubashkin guilty of making false statements to the bank that he as unaware that immigrant workers at the plant were undocumented prior to a May 12, 2008 immigration raid at the plant, the motion said. Any convictions on the 72 immigration charges would be “entirely eclipsed” by the recommended sentencing guidelines for the fraud convictions, the attorney’s office said. “However, any evidence of immigration violations would be relevant… Read more »
I KNEW HASHEM WOULDNT LET ALL THE TEFILLOS AND GOOD DEEDS GO FOR NOTHING!!
BS:D
Today ( 2 Kislev ) is the final Didan Natzach of the seforim case when the seforim were actually returned to 770.
Step one in Reb Rubashkins Didan Natzach is complete
Good new brings good news
Step 2 -his complete vindication and freedom is surely coming soon
AMEN!
boruch hashem!
so happy!!!!!!
mazel tov!
The charges were NOT dismissed. The prosecution agreed to postpone the State trial on the immigration charges till the appeals process on SMR federal conviction is completed, which could take a few years. at that point they will have the option to go to trial. this is still good news And kiven shenidche nidche NOW
soon will be the Total YUD TES KSLEV
and is gonna make all his fortune back X 1000
this isnt really good news…it shows they just want to sentence him already….HASHEM YIRACHEM!
what ness? this shows they didn’t have a good case against him and that is why they tried him for the bank fraud first. exactly like nat lewin said!
Unfortunately the main reason the Gov’t dropped the charges is that Sholom, being found guilty of the immigration charges, would not lengthen his sentence due to the sentencing guidelines in his conviction in the fraud case last week. The Gov’t is doing this basically to save time and money. Any conviction of immigration charges would simply run concurrent with the fraud sentencing. I really feel for Sholom, he is a good man.
NES! but its not over were witing to here the rest of the miracle and good news!! Amazing!! Unbelievable! I am saying tehillim through out the day! still davening for redemption of the rest!
mazal tov!
This made my day! May we hear only good news!
May we continue hearing only good news for Sholom Mordechai. mabey now they will grow a heart and drop all the false charges.
M
who would’ve thought? just goes to show Hashem is running the world…
this is a good start… we need more good news like this
the rubashkins have been suffering enough
same to all the other charges!
–
im so happy