As the mind boggling details of the biggest financial swindle in history continue to unfold, we learn today that the alleged perpetrator, Bernard Madoff has been granted conditional bail by a NY Judge.
The judge in the fraud case has set new conditions for his bail, including a curfew and ankle-monitoring bracelet for the disgraced investor.
Madoff remains free on bail, with his wife and brother serving as co-signers for his bail package. A hearing had been scheduled for Wednesday in which Madoff was required to find two additional co-signers to vouch for him.
For those following another case close to home, Sholom Rubashkin of Agriprocessors fame is still languishing in jail unable to convince an “impartial” judge to grant him bail. A hundred co-signers would step forward in a minute and dozens of friends and family have already offered their homes as collateral in return for Rubashkin’s release. The Judge has so far deemed Rubashkin a flight risk for his potential misuse of the “right of return law” an Israeli law granted to any Jew who wishes to immigrate to Israel. This inexplicable ruling has never been used in such settings according to legal observers.
Rubashkin’s legal team (reported here) had repeatedly offered an overwhelming bail conditions package to convince the judge, including 24 hour armed guards with arresting capabilities, ankle bracelet monitoring, and significant financial guarantees to ensure Rubashkin remains in the States, but to no avail. Many in the legal community have expressed their worst fears that this unprecedented mis-application of the “right of return law” against a Jewish defendant, originally designed to protect the life of the persecuted, is now being used by a Judge as a means to deny a Jew their legal rights under the US constitution. We at YWN believe this may be the worst form of reverse discrimination we’ve ever seen.
Let us understand what is happening here in the United States of America in the year 2008.
It appears, one Mr. Madoff the architect of the scheme that has financially ruined hundreds of families and has potentially wiped out numerous not -for- profit’s has been set free conditionally, while the same purported legal justice system albeit in Iowa, refuses to allow bail to a identifiably religious defendant in a far less destructive legal entanglement. It appears Madoffs swindle is so huge it makes the Enron heist look like child’s play. Why the double standard?
Is Rubashkin being held to the highest unattainable standard to use him as an example?
The misuse of legal authority and the miscarriage of justice is simply too stark to ignore.
Where is the outrage from our community?
How can American Jurisprudence be so starkly different in Iowa vs. NY?
YWN calls on the entire Jewish community to create a firestorm of support for the terrible situation the Rubashkin family finds themselves in.
We do not cast judgment for or against in the Postville case, that is for the courts to decide. However, on the merits of the case and with compassion, we simply call on reasonable people of mercy and honor, to protest the flagrant abuse of power currently being imposed in Iowa. Irrefutable history has show, that accused murderers, rapists and thieves received bail for far worse heinous crimes. It is outrageous and un- American to deny Shalom Rubashkin his legal right of bail simply because of his religion. Free Rubashkin.
(YWN Desk – NYC)
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36 Responses
yeah yeah! but since when was galus suppose to be easy! I guess eisav really soneh es yaakov!!!!
If anyone knows who to E-mail or call to voice our opinion please post it.
The collapse of Rubashkin and the ability to pull off a 50 BILLION dollar scam under the nose of the sec and dozens of MBA’s accountants and lawyers is totally and clearly the yad of Hashem and shelo kederech hatevah.
Besides for looking at everyone else we should also look to see what is Hashem tellig ME.
There is always injustice in the corrupt system. Does O.J. sound familiar? Yet Pollard is still sitting!! Justice?!
We must continue to daven and beg Hashem to help us say and act the right way.
Why are CB”D crying “Blood Libel” there is no question that the guy broke the law -it’s got nothing to do with his religion but rather his attitude. You guys sound like the old Bubbeh who curses every anti-Semite who doesn’t help her cross the road! Madoff at least admitted it!
You forget Rabushkin was out on bail-He was caught tampering-erasing evidence- He was dnied bail a second time because of that- So if your gonna compare get it right!!
Yes it is appalling that the “Right of Return” is being used against Rubashkin, however, Do not think that a white collar crime and a blue collar crime are comparable.
What type of jail do you think the prosecution will try to sentence Madoff to? and Rubashkin?
The fact that Rubashkin is being denied bail, and the reason for doing so has nothing to do with Madoff, nor should we connect them.
The courts are largely dependent on the judge.Get a liberal and you get bail,get a tough as nails and get bail denied.It is like that all over and while federal guideline sdo not allow the judge much latitud ewhen it comes to the jail term,it does give th ejudge latitud ewith regard to bail and more importantly where he serves.A prison can be a fairly decent vacation minus the freedom or a hellish nightmare depending where one goes.Madoff got off lucky,Rubashkin didnt,I am not convinced it is anti-semitic as much as some judge trying to get attention.It may be anti semitic and as such we should try regardless to do all we can to get him released.BTW,his time in jail will be reduced from his scentence,as oppossed to madoff who will probably die in jail
Madoff sons arent talking to him.I was wondering if their is a din of kibud horim in such a case?
Another very sloppy editorial by YWN.
Rubashkin’s plight is not one to make light of and the details are horrible. However, if YWN wants to prove a point, perhaps a real editorial would help. By real I mean an article that is properly backed up with sources and even footnotes. “Legal sources” and “historically” without showing where that comes from, neither proves or shows anything.
The facts are that Rubashkin’s judge has not approved bail, and Madoff’s has. It is not a “legal miscarriage” as you have labeled it. It is simply the legal dynamics of one case – Madoff, showing why bail is appropriate, and another case – unfortunately Rubashkin, not being able to show it.
Ultimately this injustice is not of the US legal system. If Rubashkin deserves bail (debatable at best) then his attorneys can and should show it. Do not blame the judge or the system. And please do not try to say that some criminals walk free and these criminals have done “worse” then Rubashkin. You should be thankful that the US legal system does not take into consideration public opinions about which crimes are worse than other crimes. That’s what dictatorships due.
Writing big worded opinions about topics that you clearly do not fully grasp makes me continue to fear the day when my non-religious, or non-jewish colleagues stumble across the “official” orthodox jewish website that consistently has biased non fact proven editorials displayed as fact.
YWN can choose to write whatever opinions they feel. But please! Back up what you say factually!
Mr. Rubaskin was originally arrested by the Feds on immigration charges and granted bail, You forgot to mention that.
Nor did you address the fact that while out on bail, the Feds charge that Mr. Rubashkin had the audacity to commit bank fraud. They then arresetd him again and threw the key away. The Feds deserve as yashir koach not a condemnition.
There is another mis-carriage of justice taking place. Yossi Shereshevsky is being held in a Brooklyn jail. I understand that he has people willing to guarentee his bail. However, the prosecuter/judge keep on saying they aren’t acceptable. He’s been there since the summer and just can’t get out. Whether he’s guilty or not is not the point here. it’s just that he isn’t either being treated the way he should be according to our “system” of justice.. Who and how are these things decided????
Madoff isn’t frum and has minimal family ties with Israel. And, he is in a “home town” court.And he didn’t hurt the local community (robbed from the rich to give to the richer – you had to be filthy rich to get ripped off). He also robbed from people all over the world – so where could he run?
And he has better lawyers (money buys protectsia).
Rubashkin has closer ties to Israel, and more importantly, he’s the “away team” in Iowa. He’ll
probably get the bail on appeal. However the people hurt by the failure of his company were local people in Iowa. The last thing he’ll want is a home town jury. And his “crimes” are ones that might be consider political offenses (hiring illegal immigrants, tax violations, etc.), which are not traditional grounds for extradition (if he flees the country, no one would send him back).
And of course, he wasn’t rich enough to get the sort of lawyers with clout, and that wouldn’t help in Iowa. He’ll probably get bail eventually.
If Rubashkin was a goy, with strong foreign connections, from “out of town”, the judge would be creative in finding a way to keep him from leaving. While there are prejudices involved, there’s isn’t any proof it is anti-semitism.
#4 it has nothing to do with attitude or guilt every American has a constitutional right to post bail
The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments
Thank you very, very much YWN. The above post is an example of true “mishtatef b’tzaar chaveiro”. Also, a kiyum of the mitzva of “lo taamod al dam reiacha”. You have put your dignity aside, and came out forcefully against the “avla” being committed against another Jew. This sets you apart from all the other “kosher” websites who choose to bury their heads in the sand (re: the Rubashkin case) under the pretext of being an “impartial” news blog. Again and again: yasher koach!
Somebody like Bernie Made-Off must still own assets that can buy the best legal help. Don’t forget, HE knew all the “rot” about his fund, so HE must have salvaged some $$$ elsewhere (notwithstanding his proclamation that he’s “finished”; that probably alluded to being finished with everyone’s money, like when your kid is “finished” with dinner). Whereas the Rubashkins, although involved in a very large business venture, were stretching themselves to the imit in order to provide yiden with as inexpensive kosher poultry as possible. Hence, very little money left for attorneys.
It strikes me ridiculous that these two men, though innocent until proven guilty, charged with crimes very serious crimes should be given some special treatment. I hear the reports on the news for something like bank fraud, hiring illegal immmigrants, etc., and I think to myself: I hope they aren’t Jewish… and then I hear the names. I cringe. We should know better. Why do they break the law? Don’t we have to live by the law of the land too?
To YWN, Excellent op-ed. I agree with you 100%.
I am shocked that most of the posters don’t seem to get it.
Who can we email to voice our outrage over this blatant injustice?
They are both criminals that brought shame on our religion, one got lucky and stayed out of jail for now at least!
You lawyers have written:
“there is no question that the guy broke the law”
“…while out on bail, the Feds charge that Mr. Rubashkin had the audacity to commit bank fraud. They then arresetd him again and threw the key away…”
I won’t argue the merits (or demerits) of your legal accusations against Rubashkin, but the judge did not use your arguments as his basis for denying bail (Thank G-D).
The excuse given for denying bais it Israel’s “Right of Return Law.” That is a real stretch, and it leads me to conclude that the judge is an anti-Semite, hiding behind a thinly veiled excuse to imrison a Jew.
#8 Frum Attorney
Whether it’s a legal miscarriage or legal dynamics is irrelevant for a blog site commentary section. Your venom is despicable…no one asked you to enter yeshiva world in your browser…the front door swings both ways…GET OUT if you don’t like YW Editorial
Many comments have brought out the obvious idea of 2 judges in 2 venues. I’d like to remind everybody of Hadrian of Rome who would kill a Jew if he greeted the emporor and kill the Jew if he didn’t greet the emporor. When asked how he could do such obvious travesties of justice Hadrian answered, don’t tell me how to treat my enemies. Comment #1 said it well, Eisov hates Yakov, we are in golus.
The article clearly does not claim innocence on the part of Mr. Rubashkin.
What it says is that a fellow Jew is in prison and he needs our help. The Madoff case is being brought in here to show the deficiencies of the Iowa Judge. That Madoff and Rubashkin were bad appears obvious.That snot the issue.
The issue as I see it is that the Judge is using the law of return as a weapon aginst Rubashkin.All he is asking for is bail not freedom. His constitutional rights are being denied and thein lies the outrage. All is can be debated.
We can debate the guilt or innocence of the issue (though we probably shouldn’t) what should terrify us is the method in which a Jew is being denied bail because he is Jewish. Very troubling.
This can have serious ramifications for future cases.
All of the Lawyers can tell us that the law is defended or prosecuted on precedence. The precedent being set here is something we must vigorously protest.The Judge seems to be over reaching and there seems to be no recourse. A Jew is in Jail- feel his family’s pain. Don’t be so quick to condemn.
Rubashkin continued to commit fraud after being released. Also,he was entrusted by the frum community only and for kosher food;.Madoff was cheating money-greedy people who believed in ‘too-good-to-be -true’ schemes.He also has the money to post huge bail.
YWFAN1000000:
Perhaps reading an entire comment before posting your own comment would help.
I am not “venomous” nor do i ever say YWN cannot or should not post anything. It is their site and they can do as they please. Please reread what I wrote because it is obvious from your comment that you did not understand any part of what I was saying.
I am also curious to hear your explanation as to why my comment was in your words “irrelevant for a blog site commentary section”. I am eagerly awaiting your response
I DO think there should be consistency across the country on legal issues but ….
I DO NOT feel bad at all for Rubashkin, who has not even admitted wrong doing.
#21, why should we help Rubashkin when he treated people miserably?? Should we also help Mondrowitz?
There are MANY allegations of price-fixing, threats, intimidation, and putting other Yidden out of business by the big “baal tzedaka” Rubashkin.
HUNDREDS of Yiddeshe Parnassas have been affected.
I don’t know if YWNews will edit this out, but see the Village Voice article (online) dated 12/2/08. VERY DESPICABLE STUFF. I was ashamed to be a (religious) Jew when I read it….
Akuperma you write that Madoff is not frum. How do you know that?
rubashkin continued to committ fraud-do you know what bank fraud is?bouncing a check,signing for your wife on th eback of a check,-those fancy words bank fraud do not mean anything,our justic esystem likes using big words,i am suprised they havent used terrorist funding with madoff(yet)maybe some terrorist invested with some fund that invested with madoff and we can get him for that?illegal immigrants-how many are there in this country?10 million,and yes if everybody is speeding its unfair to ticket just one fellow and thats what is happening with rubashkin
as a closer,to quote charlie munger(partner of warren buffett)when he and buffett were being investigated by the SEC in 1975″if a cop follows you for 500 miles ,you are sure to get a ticket”and thats our situation we are in,madoff is the bad guy not rubashkin
lets get something straight. the system is so corrupt but no one really cares. for instance create a law that you must wear a seatbelt then when you dont wear it you did something dangerous. have no law regarding mtorcycle than you have done nothing unsafe. Make sense? i guess if you are a dumb/rotten liberal/politiCIAN then it makes sense.when has right and wrong been based on cmmon sense versus the stupid legislation put out by a bunch of pencil pushers who need to convince us that they have a purpose so they keep making stupid rules and laws to be applied at a whim
Something needs to be clarified. The argument is not whether Sholom Rubashkin did the things the government accuse him of.
This is about a bail hearing. During a bail hearing there 2 things and 2 things alone that are considered.
1) Is this person a flight risk?
2) Is this person a danger to the community.
There was an accusation that Mr Rubashkin told an employee to “clean her desk” and so was obstructing justice by destroying evidence. This would have been considered a “danger to the community” however the Judge decided that based on the arguments of the defense, he was not a “danger”.
And here is the point!
The US government “am shel chesed” argued and a US judge agreed, that Mr Rubashkin is a flight risk because ” Under Israel’s “Law of Return” any Jew and members of his family who have expressed their desire to settle in Israel will be granted citizenship…” This is a very scary constitutional violation and should worry every Jew in the country.
As the defense stated in their appeal “Consequently, under that view, “every Jew” is to be viewed for bail purposes as a greater risk of flight than a non-Jew. That means that 5,300,000 Americans would be viewed as heightened bail risks simply because they are Jews. The government’s logic would extend, for example, even to a Jew whose family lived in this country since the first Jews arrived on the shores of New Amsterdam in 1654. It would also extend to the ultimate superior of the prosecutors pressing the Law-of Return argument, i.e., the current Attorney General of the United States Michael B. Mukasey; the ultimate superior of the Homeland Security agents who have investigated this case, i.e., Secretary Michael Chertoff; and two sitting Justices of the Supreme Court, Justices Steven Breyer and Ruth Bader Ginsburg. It is ironic that a law designed to provide refuge to persecuted Jews has now become the basis for detaining a Jew who might otherwise have been released pending trial.”
All this information is available online to those that have the desire to sift through all the media bias out there.
*footnote
#23, the court did also rely on some of the wrong information you mentioned.
The prosecution present to the court exhibits showing:
1)A cloth bag with numerous items in it including a big stack of $100 bills which the government ESTIMATED at $20,000, a plastic binder with all the families personal documents (childrens passports, birth certificates etc. -SMR’s passport and his wifes was already surrendered to the court-) and a envelope with a hundred or so dollars in singles
2)A envelope on the kitchen counter with $1000 dollars
3)A number of Silver coins in cardboard boxes found in SMR’s office
4) A RECEIPT from a previos stay at a hotel in Israel. (in 2007)
5)A box in the kitchen full of $1 bills
NO AIRPLANE TICKET AS YOU SAY!
Lets dissect this
1)All of us keep our valuables in one location, with 6 kids in the house and one autistic son, it would be foolish not to. $20,000 dollars wont smuggle you out of the country with no passport and 6 kids. It WAS NOT 20,000 but 12,000 (the government was not allowed to count it under the warrant so they guessed). A person wouldnt flee the country with singles. This envelope must have been money from a pushka, to send to the shul/or org.
Also keep in mind that this family is bankrupt, their checks are not being honored and they have 8 mouths to feed. The defense brought a bill where the family had to pay $1700 in cash to pay for their over due car payments… CASH (12,000 would last a week)
2)the $1000 dollars was a gift from a concerned member of the community that want to help SMR and his family pay their bills
3)Silver Coins…. you probably guessed this one… MACHATZIS HASHEKEL
4)SO all of us are a flight risk for going to Israel in our lives
5)A Pushka!!
This is definitely a miscarriage of justice! Its an OUTRAGE!!
I am more sickened by reading these comments by self-hating yidden. I promptly had to stop reading at comment #9 who is giving a great big yasher koach to the FEDS.
All I can say is, WHAT GOES AROUND COMES AROUND. To those who feel that justice has been done, I only hope that the SAME justice be done to YOU. Oh, no. You’re perfect, well then let this time of justice be done to your children and I hope you all live long enough to watch it.
I was ashamed to be a (religious) Jew when I read it….
Comment by mechael
Sadly Mechael I am ashamed to read your defamamtion of a man I do not nor do I suspect you know personally either. That being the case to bring Mondrowitz into this shows me exactly where your head is and debating this issue with you becomes worthless.How dare you equate Mondrowitz with anybody? Do you know Rubashkin?
Have you lost all shame?
Your inability to be Dan L’kav Zchus will unfortunatly be your own undoing.You are making this Rubashkin thing personal when it is obvious that this debate and article is only about the Iowa Judge denying bail.So,what is eating at you?
None of us are knowledgable enough about the real facts of this case, That being said how can any of us offer Mussar and Tochochah?
Mecheal, helping a Jew that is in trouble is a Mitzvah. Your derech is to engage in Loshon Horah and Sinas Chinom.Think about it.You quote the village voice as if that explains everything? The village voice? Who reads the voice? Your ashamed to be a frum Yid when you read a low life rag paper that diparages Jews for sport, yet you have no problem passing this same drivel to us? Whose religous now? I for one am ashamed of you.But I have hopes that you will read this and think about it.
At the very least guilty or innocent- Rubashkins entire family is suffering a huge downfall, did they all hurt you that you have so much hate? What did they do to you? Something is wrong.
Is this personal? If so get out from behind the mask,be a man and deal with it. If its not personal, soften your anger and realize that you probably owe him Mechila for publicly bashing a fellow Yid who has done you no harm.
If we are to greet Moshiach-
This Sinas Chinom must stop! Please.
Too bad if a criminal has family that will suffer from him being punished. That is the fault of the man who did wrong. Having family does not make doing crimes OK. If you put both men in front of the same judge,you might have a point. Each case is weighed on its own and the deed was done.End of story. Next time the next would be thief/tzaddik will perhaps think before he acts.
#34
It remains to be seen whether he is a criminal or not. Thats what a trial is for. Or do you agree with stalin and his ilk that guilty until proven innocent?
#35
The man is in jail. Thats trouble enough to bench gomel. He does not have money anymore. Thats a fact too. Just because someone is accused of something that doesnt give anyone the right to put him jail.
You do that only if someone is a flight risk. Why is Mr Rubashkin a flight risk??? Because he is Jewish, and has the Right to Return. Therefore he is a flight risk. And so are both of you and all the those who commented before us (if they are Jewish)
So if someone accuses (not proves) us of any random thing the government can then lock us all up for the year before a trial because we are all Jewish…
And thats why this is scary!
bs”d
I believe that G-d is trying to send a message to us Jews. I believe the message to be as follows:
You Am Yisroel, my dear people, the apple of my eye, my chosen nation, are willing to give away Eretz Yisroel. Since 2002 there are talks of a Palestinian State in the heart of Eretz Yisroel. Aside from a small minority, there is barely a cry of protest. Why the complacency among the Jewish people regarding their birthright? Why are you so willing to free yourselves of Eretz Yisroel and all of the obligations that are associated with living a Jewish life in Eretz Yisroel.
So Hashem comes up with a way to wake us up and make all the headlines in all the newspapers. Hashem puts it into the mind of some Iowa Judge to come up with this totally out of the ballpark decision to insist that Rubashkin can not leave on bail because of the Right of Return.
Now all of Am Yisroel, feels what it’s like when we are told that we are not allowed to go to Eretz Yisroel and even worse, we will be held in prison in America so that there is absolutely no chance that we can go to Eretz Yisroel. Up to this point we all had a chance, with Law of Return to return to Eretz Yisroel, to keep the Mitzvoth of Eretz Yisroel, to actualize the Tefillot of Pesukei D’Zimra, Shema and Shmoneh Esrah. Yet we offer lipservice and disregarard all the blatant miracles that Hashem sent our way.
But it is still not too late! I propose that in response to the judgement in IOWA each and every Jew would declare their personal entitlement, and their love and yearning for the Holy Land, the Land of Israel (note, not the Land of Palestine!). I believe that only this will change the mind of the judge and will get Rubashkin out w/o even paying enormous sums of money. Let all the money spent on legal fees be instead directed to helping the Jews of Yehuda and the Shomron to keep their houses and to stop an expulsion far greater than Gush Katif.
We are a Mamlechet Kohanim VeGoy Kadosh. We are a Kingdom of Priests for the Nations of the World and our Holy Service will serve to benefit mankind! In this world of Global economy, let us get on the bandwagon and declare that America and all the Nations of the World is linked to Jerusalem. We are presently fighting a religious war not to our choosing. We must fight for our survival whether or not we want to. The way to fight is to have Hashem on our side by showing Him that we love and desire the Torah and His precious gift to us Eretz Yisroel.
Israel desires peace and prosperity for Mankind. Our enemies desire the opposite.
If Rubashkin, in a just court of Law, is proven guilty of criminal or civil offenses then the Jews themselves would welcome a fair and honest judgment and rectification of the grievances. In fact they would become a role model in the proper way to conduct business since it is their desire to do so.
But the facts on the ground show that what is happening is being driven from up in heaven and it is our job to see the greater picture and respond accordingly.
If we go with happenstance (keri) then G-d too will go with happenstance.
Frum Attorney
I have re-read your “entire comment” your tedious; wording of what type of injustice it is, might have more value in your world of law. We the average news surfer doesn’t turn to YW for that info. You still haven’t explained why you continue to read this site even tough it seems to get you worked up…start your own blog site
THE NEWS ACCORDING TO THE FRUM ATTORNEY…I will be your first blogger.
A Guten Shabbos!!!
I am replying to “frum attorney” comment 8. I can see from your reply that you don’t know the first thing about our legal system. Indeed, the judgement in the case of Rubashkin is setting a double standard in our Judicial System. “frum attorney” does not seem to understand the repercusions of this judgement. Indeed, if not stopped, any Jew in the U.S. could be prevented from having bail, Heaven forbid, based on this case in a legal dispute.
In many cases, Heaven forbid, we are seeing, in this country, similarities with the early stages in pre-WWII Germany.
I encourage everyone, frum or not, to step up and write to their Congress people in protest to the way Rubashkin is being treated. This is a very serious matter and a threat to the Jewish People if we don’t take the proper action.
Reply to comment 37.
I am not sure where you come from Robin, but everyone knows that it is our duty to cry to G-d whenever we see an injustice done to another Jew. Your comments on how we should just let the American Legal System take its course and hope for the best is not what the Torah tells us.
This is clearly a case where the American Legal System is biased towards anti-semitic.
It is written that G-d heard our plea in Mitzrayim and he delivered us before the full 400 years. Would you have sit back and let things take its course back then? I hope not.
Rubaskin’s case is clearly being treated in an unfair and unjust manner by the American Legal System. It is the duty of every Jew to write to its Congress Person and complain about this lack of justice. We should not sit back and hope for the best.
Rubashkin has been in legal trouble for years. His slaughterhouse was cited for health violations, animal cruelty, OSHA violations, and using child labor (!), not just the immigration-related charges. The Madoff case was still in the early stages. Madoff was put under house arrest very quickly, unlike Rubashkin, who was left free to continue his illegal activities for years.
At least one Agriprocessors supervisor under indictment, Hasom Amara, has already fled to Israel. Did Israel send him back to the US? Apparently not.
Now that Madoff is in a maximum-security cell, Rubashkin is out on bail, and Amara is a fugitive from justice in Israel, perhaps YWN should apologize for defending these crooks.