USA v. Rubashkin
| Decision Date | 21 June 2010 |
| Docket Number | No. 08-CR-1324-LRR.,08-CR-1324-LRR. |
| Citation | 718 F.Supp.2d 953 |
| Parties | UNITED STATES of America, Plaintiff, v. Sholom RUBASHKIN, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
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Charles J. Williams, Matt M. Dummermuth, Matthew J. Cole, Peter E Deegan, Jr., US Attorney's Office, Northern District of Iowaecf, Cedar Rapids, IA, for Plaintiff.
Daniel R. Fritz, Lynn, Jackson, Shultz & Lebrun, PC, Sioux Falls, SD, F. Montgomery Brown, Brown & Scott, PLC, Guy R. Cook, Grefe & Sidney, P.L.C., West Des Moines, IA, John C. Meringolo, New York, NY, Karen L. Landau, Law Office of Karen L. Landau, Oakland, CA, Alan Ellis, Law Offices of Alan Ellis, P.C., Mill Valley, CA, for Defendant.
SENTENCING MEMORANDUM
The matter before the court is the sentencing of Defendant Sholom Rubashkin.
On July 16, 2009, a grand jury returned a 163-count Seventh Superseding Indictment (docket no. 544) against Defendant. 1 Count 1 charged Defendant with Conspiracy to Harbor Undocumented Aliens for Profit, in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and 1324(a)(1)(B)(i). Counts 2 through 70 charged Defendant with Harboring and Aiding and Abetting the Harboring of Undocumented Aliens for Profit, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii), 1324(a)(1)(A)(iv), 1324(a)(1)(A)(v)(II) and 1324(a)(1)(B)(i). Count 71 charged Defendant with Conspiracy to Commit Document Fraud, in violation of 18 U.S.C. § 371. Count 72 charged Defendant with Aiding and Abetting Document Fraud, in violation of 18 U.S.C. §§ 1546(a) and 2. Counts 73 through 86 charged Defendant with Bank Fraud, in violation of 18 U.S.C. § 1344 (“Bank Fraud Counts”). Counts 87 through 110 charged Defendant with False Statements and Reports to a Bank, in violation of 18 U.S.C. § 1014 (“False Statement Counts”). Counts 111 through 124 charged Defendant with Wire Fraud, in violation of 18 U.S.C. § 1343 (“Wire Fraud Counts”). Counts 125 through 133 charged Defendant with Mail Fraud, in violation of 18 U.S.C. § 1341 (“Mail Fraud Counts”). Counts 134 through 143 charged Defendant with Money Laundering and Aiding and Abetting Money Laundering, in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i), 1956(a)(1)(B)(i) and 2 (“Money Laundering Counts”). Counts 144 through 163 charged Defendant with Willful Violation of an Order of the Secretary of Agriculture and Aiding and Abetting a Willful Violation of an Order of the Secretary of Agriculture, in violation of 7 U.S.C. § 195 and 18 U.S.C. § 2 (“Packers and Stockyards Act Counts”).
On June 25, 2009, 2009 WL 1853218, the court granted Defendant's Motion for Separate Trial (docket no....
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