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Saturday, January 17, 2009

99 and counting: more charges filed against Rubashkin

99 and counting: more charges filed against Rubashkin
The good news for the former Agriprocessors CEO: he gets a bail hearing
By Lynda Waddington
1/17/09
The Iowa Independent

Sholom Rubashkin, former chief executive of the Agriprocessors kosher meatpacking plant in Postville, has been granted a new bail hearing, but the legal victory is bittersweet when placed in the shadow of a fourth superceeding indictment containing 99 criminal charges.

On Friday U.S. District Court Judge Linda R. Reade ordered a new detention hearing on Jan. 22 in Cedar Rapids. U.S. Magistrate Judge Jon Scoles had previously ordered Rubashkin to be kept in custody pending a September trial date. The decision, which was based in part on Israel’s Law of Return, has drawn an abundance of scrutiny.

“We are pleased with new hearing,” said Guy Cook, Rubashkin’s attorney and former deputy U.S. Attorney in Iowa’s Southern District. “It was very important to Mr. Rubashkin that he be given a new hearing that would allow us to present evidence rather than just review the cold record. He does look forward to presenting evidence and attempting to demonstrate to the court that the facts that Judge Scoles heard — which I’m sure he was motivated to do his best — but those facts were taken out of context.

“[Mr. Rubashkin] has no intention of flight. He was not going to flee then. He’s not going to flee now.”

A fourth indictment in the case, filed with the federal courts late Thursday, list charges ranging from immigration conspiracy to money laundering to willful violation of an order of the U.S. Secretary of Agriculture. In addition to Rubashkin, 49, the indictments also name the Agriprocessors company and former plant managers Brent Beebe, Hosam Amara and Zeev Levi. Both Amara and Levi are believed to have fled to Israel prior to charges being filed against them, and are being sought by federal authorities.

“I don’t want to violate any of the rules regarding comment, but you can make your own decision as to why it is a 99-count indictment,” Cook said. “Was there not 100 charges? Was there just one more than 98? … How many times to they have to go forward with charges in this case? People can make charges all day long, but they are still just charges. They shouldn’t take on a life of their own.”

Federal rules regarding a defense attorney’s comments allow for a firm denial of all charges. Cook was adamant that his client does deny all charges and that he will be found innocent.

http://iowaindependent.com/10658/99-and-counting-more-charges-filed-against-rubashkin