Rubashkin denied bail, asks for new trial

Sholom Rubashkin will have to remain in jail pending his federal sentencing on fraud, money laundering and non payment of livestock charges.

U.S. District Chief Judge Linda Reade denied his bail request this afternoon. She says in the order the evidence for detention is “compelling.” She cites his actions of committing bank fraud - diverting funds into an account hidden from the bank who held an Agriprocessors revolving loan, during his first pretrial release. She said the jury's verdict is a powerful incentive to flee and Rubashkin has demonstrated he is a flight risk.

Reade said she acknowledged the overwhelming support Rubashkin has from the community during the trial and during this detention action, his efforts to comply with the terms of pretrial release and the commitment that he has shown to him family and community. However, there's not “clear and convincing” evidence to show that he is “not likely to flee.” Earlier today, Rubashkin filed a motion for an acquittal on the 86 counts he was convicted of last week and also asks for new trial on those charges.

The motion contends there was insufficient evidence to sustain the conviction on the bank fraud, money laundering and other charges. Reasons cited in the brief include:

-Evidence presented in trial in regards to the non payment of livestock didn't prove Rubashkin was responsible for the checks issued to cattle suppliers.

-The government didn't prove the alleged laundering involved “proceeds” as required for a conviction. Rubashkin didn't retain any profits, it all went to expenses.

-Merging the money laundering counts as part of the underlying frauds and false statements to the bank doesn't meet the criteria under law for merging those.

-The conviction on more than one count of bank fraud violates Rubashkin's right against double jeopardy for multiple convictions for the same act.

Rubashkin, 50, former vice president of Agriprocessors, was convicted by a Sioux Falls, S.D., jury of 86 counts of bank, wire and mail fraud, non payment of livestock, making false statements to a bank and money laundering. The charges stem from the May 2008 immigration raid at the Postville meatpacking plant.