Defense says proposed 27-year sentence for Rubashkin 'excessive'

UPDATED: Sholom Rubashkin's defense team is crying foul after a federal judge announced today that the former manager of the Agriproccessors kosher slaughterhouse will be sentenced to 27 years in prison and ordered to pay nearly $31 million restitution when he's sentenced Tuesday in U.S. District Court.

Chief U.S. District Court Judge Linda Reade issued a sentencing memorandum Monday outlining the sentence she will impose on Rubashkin during Tuesday's hearing in Cedar Rapids. Reade indicated in the document she would not impose a fine.

A jury found Rubashkin guilty on 86 federal financial fraud charges last fall. He was acquitted of child labor charges last month.

Guy Cook, Rubashkin's Des Moines attorney, said in a conference call with reporters today that the 27-year sentence is for all practical purposes a life sentence for the 51-year-old Rubashkin.

“It's greater than necessary,” Cook said. “It's greater than what the government asserted. It's truly unfair, excessive and not in the public interest.”

During the April sentencing hearing, federal prosecutors asked for a 25-year sentence for Rubashkin.

Cook argued that when compared with similar white collar fraud cases,  the sentence is unfair. He said Jeffrey Skilling, convicted in the $60 billion Enron scandal, was sentenced to less time and Michael Milken, who committed a $500 million securities fraud, only received 10 years in prison.

One thing is certain, this will be appealed to the Eighth Circuit Court of Appeals,” Cook said.

Cook said he talked with Rubashkin today and he was calm and focused and he knows whatever happens, “he's in the hands of God.”

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Rubashkin's wife, Leah, was equally upset.

“Obviously, we're very disappointed in today's ruling,” Leah Rubashkin said. “We feel it's a life sentence.”

She said her family has been greatly affected by this news today, especially her son Moshi, who is “acting out.” She called Judge Reade cruel for not taking Rubashkin's family into account with the sentencing.

Leah Rubashkin said they would move forward and continue to fight this on appeal.

Bob Barr, a former U.S. Attorney in Georgia and former congressman, said he was in the airport in Atlanta, waiting to jump on a flight to Iowa, so he can attend Tuesday's sentencing.

Barr said he's been asked by the Rubashkin family to serve on the appellant team. He said there were a number of defects in the case and the sentence was disproportionate.

“Looking at the sentencing – it's beyond the pale,” Barr said. “It's clearly punitive.”

Cook said once an appeal is filed, they will likely seek bail for Rubashkin pending the appeal. He is hoping Rubashkin will be sent to a prison in Otisville, NY, or Fort Dix in New Jersey, because they can meet Rubashkin's dietary and other needs as an Orthodox Jew.  It would also him to be near his family in New York.

Leah Rubashkin said she and her family will locate to the New York area to be near her husband, if that's where he lands up.

Nathan Lewin, an attorney overseeing Rubashkin's appeal, said the way this case was handled will be a “permanent stain on American justice.” Rubashkin was targeted by prosecutors in Iowa from the beginning, he said.

“We have asked, and continue to ask the Justice Department to review the numerous instances of prosecutors stepping outside the bounds of standard and decent conduct in this case,” Lewin said.

Reade said in the order that the sentence is within the guideline range and is “firmly rooted in credible evidence” produced at trial, the sentencing hearing and in the uncontested portions of the presentencing report.

“A district court's job is not to impose a reasonable sentence, but rather to impose a sentence sufficient, but not greater than necessary, (to comply with the law),” Reade said in the order.

The defense asked for a downward variance in the guidelines, saying Rubashkin didn't commit the offense for personal gain and out of a sense of greed.

No matter what Rubashkin's motives were, he defrauded the banks out of millions of dollars, Reade said in her order.

“He unlawfully placed his family business's interest above the victim bank's interest,” Reade wrote. “His family business and he personally benefitted at the expense of all the victim banks' innocent shareholders.”

Cook said Rubashkin's defense team will hold a news conference immediately after the sentencing outside the courthouse.