2010: Rubashkin to get 27 years - Family, attorneys promise appeal

[Editor's note: This story was originally published in The Gazette's Tuesday, June 22, 2010 edition.]

Sholom Rubashkin , former Agriprocessors vice president, will be sentenced today to 27 years in federal prison for bank fraud and other charges -- a sentence his family has decried as cruel.

In a sentencing order filed Monday, U.S. District Chief Judge Linda Reade also said Rubashkin will have to pay more than $26 million in immediate restitution to two banks and one livestock supplier.

Rubashkin , 51, of Postville, was convicted in November of 86 federal counts of bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner. The charges stem from a May 2008 immigration raid at the Agriprocessors meatpacking plant in Postville; more than 400 illegal workers were arrested.

"The sentence is greater than necessary; indeed, it is greater than what the government asked for," said Guy Cook, one of Rubashkin 's Des Moines attorneys.

The government asked during an April sentencing hearing for a 25-year sentence.

Bob Barr, former U.S. attorney general in Georgia and another of Rubashkin 's attorneys, said they will appeal the verdict and sentencing.

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

She said her family has been greatly affected by the news, and she called Reade cruel for not taking Rubashkin 's family into account.

Reade said in the sentencing order that the sentence is within the guideline range and is "firmly rooted in credible evidence."

"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)," the order stated.

The defense asked for a downward variance in the guidelines, saying Rubashkin didn't commit the offense for personal gain. Reade said no matter what Rubashkin 's motives were, he defrauded the banks out of millions.

Assistant U.S. Attorney Bob Teig dismissed the defense's complaints that the sentence is unfair and that Rubashkin 's conduct was not for "personal gain," noting that hundreds of thousands of dollars in diverted funds were put into his personal account.

Sentencing will be 3:30 p.m. today at the temporary Federal Courthouse.

Cook said Rubashkin met the news calmly and knows whatever happens, "he's in the hands of God."