The following is from the WSJ Law Blog:
Worldcom fraudster Bernie Ebbers got a 25 year sentence. Enron’s Jeff Skilling got a little more than 24 years (though his sentence was later vacated). Tyco’s Dennis Kozlowski got between just over 8 to 25 years.
So why is the government pushing a life sentence for Sholom Rubashkin, the former head of the kosher meat-processing plant that was raided in 2008 for immigration violations?
In November, Rubashkin was convicted of 86 counts of federal bank fraud in connection with loans to the company, Agriprocessors.
It was a big conviction, likely worthy of a big sentence. But life?
A group of former U.S. attorneys general — Janet Reno, William Barr, Richard Thornburgh, Edwin Meese III, Ramsey Clark and Nicholas Katzenbach — recently wrote a letter to the federal judge overseeing the case, Linda Reade, asking her not to impose a life sentence. In the letter, the former AGs called the government’s request “extreme,” and cautioned against the “potentially severe injustice” that could result. Click HERE for the NYT story; HERE for a recent opinion piece in the Des Moines Register by New York lawyer Harlan Protass arguing why a life sentence is too long.
In defense of their position, writes the NYT, prosecutors have alluded to Rubaskin’s “blatant lawlessness, utter lack of remorse, his egregious and repeated attempts to obstruct justice.”
But a life sentence? “We cannot fathom how truly sound and sensible sentencing rules could call for a life sentence — or anything close to it — for Mr. Rubashkin, a 51-year-old, first-time, nonviolent offender,” wrote the former AGs in their letter.
Protass notes that the federal sentencing guidelines can recommend some awfully high sentences when it comes to financial fraud. Writes Protass:
When it comes to large-scale fraud cases – like that in which Rubashkin was involved – the guidelines’ grounding in mathematics sometimes results in sentences disconnected from any common sentencing sense. Indeed, they fall within the realm of prison terms usually reserved for Mafia bosses, major international drug traffickers and terrorists.
Defense lawyers have asked Judge Reade to impose a six-year sentence, emphasizing that the sentence urged by prosecutors is longer than that received by Ebbers and Skilling.
(Source: Wall Street Journal / YWN-4705)
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9 Responses
Not only he shouldn’t get a life sentence, but his conviction should have been overturned upon appeal. This has been a horrible miscarriage of justice!
We all should daven for a favorable outcome.
storm the heavens raboisai. shalom be strong
Compare what Rubashkin was convicted of, bank fraud involving $26 million, but not losses of $26 million, with what Albert Gonzalez from Miami pleaded guilty to last year in three separate hacking cases brought in Massachusetts, New Jersey and New York where the sentence sought by prosecutors is 25 years.
Prosecutors said Gonzalez victimized millions of people and cost companies, banks and insurers nearly $200 million. They said just two of Gonzalez’s computer servers contained more than 40 million distinct credit and debit card numbers.
“The sheer extent of the human victimization caused by Gonzalez and his organization is unparalleled,” Assistant U.S. Attorney Stephen Heymann said in a sentencing memorandum filed in court.
If the sheer extent of Gonzalez conduct warrants, as the prosecution are demanding, 25 years then 6 years is about right for Rubashkin.
Of course we all hope and pray that Rubashkin is aquitted on appeal but what has to be dealt with now is the sentencing phase of the proceedings. Just shouting he is innocent will not help, indeed it may even harden the Judge’s stance.
He lied on an application to rec a loan that he was paying in full and wouldve continued to pay if not for the raid. He should get 30 days and his time served should count. I have not read one semi pursuasive article to justify anything reseebling a life sentance.
Albert Gonzalez from Miami pleaded guilty to last year in three separate hacking cases brought in Massachusetts, New Jersey and New York where the sentence sought by prosecutors is 25 years
These prosecutors too are seeking 25 years. They didn’t ask for life. Of course, for a 50-yr-old, 25 years is practically a life sentence.
kishke – did you read this story even? The difference here is that they originally asked for 2 life sentences, now they adjusted it to 25 years. Why? Obviously they realize they overreached
If you sent everybody who ever lied on a loan application to jail there would be nobody left on the street!
HE HAS ALREADY BEEN ROTTING IN PRISON FOR ALMOST HALF A YEAR.
LET HIM GO HOME, AND LET THE EVIL PROSECUTOR TAKE HIS PLACE.