Asking “Wouldn’t it be better, as a general rule, if judges who meet regularly with prosecutors in advance of a cascade of high-profile indictments didn’t hear the cases that follow?,” Slate court-watcher Emily Bazelon recently discussed the petition for certiorari currently pending before the U.S. Supreme Court in the case of the kosher meatpacking facility manager convicted of bank fraud and sentenced to 27 years, essentially a life term for the 50-year-old defendant from Iowa. Rubashkin v. United States, No. 11-1203 (petition for cert. filed April 2, 2012). Mostly on procedural grounds, a federal appeals court rejected the defendant’s claims that the judge should have recused herself because she participated extensively with prosecutors in activities that led to an immigration raid on the facility, the detention and deportation of hundreds of workers, and charges of harboring illegal immigrants, child labor law violations and bank fraud. Bazelon suggests that the Court…
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The Second Circuit Court of Appeals has determined that a New York law enacted in 2004, following the invalidation of a prior version, does not violate the Establishment or Free Exercise Clauses of the U.S. Constitution and is not unconstitutionally vague. Commack Self-Service Kosher Meats, Inc. v. Hooker, No. 11-3517 (2d Cir., decided May 10, 2012). The previous law, which defined “kosher” in terms of orthodox Hebrew religious requirements and required adherence to them, was found to (i) advance religion, i.e., the dietary restrictions of Orthodox Judaism, and (ii) inhibit religion “by preventing labeling of food products as kosher that did not meet the Orthodox Jewish religious requirements.” The newer version simply required those marketing their food products as “kosher” to label them as kosher and to “identify the individuals certifying their kosher nature.” The new law did not “define kosher or authorize state inspectors to determine the kosher nature…
Sholom Rubashkin, who managed a kosher meatpacking facility in Postville, Iowa, and was convicted on 86 counts related to financial fraud, lost the appeal of his conviction and the 324-month prison sentence imposed by a federal district court. United States v. Rubashkin, Nos. 10-2487/3580 (8th Cir., decided September 16, 2011). Additional details about the case appear in Issue 378 of this Update. Among other matters, the Eighth Circuit Court of Appeals determined that evidence indicating that the trial court judge met with prosecutors before the facility was raided by immigration officials was insufficient to show bias against Rubashkin or that “the district court’s decision to remain on the case prejudiced Rubashkin’s verdict.” The court also found no fault in the trial court severing the bank fraud charges from the immigration law violations, which the government later dismissed, and trying the bank fraud charges first. According to the appeals court, “Given…
A Jewish California resident who claims to be a vegetarian has filed a putative class action against Chipotle Mexican Grill, Inc., alleging that the company failed to adequately warn consumers that its pinto beans are prepared with or contain bacon or pork. Shenkman v. Chipotle Mex. Grill, Inc., No. BC467980 (Cal. Super. Ct., Los Angeles Cty., filed August 19, 2011). According to the complaint, the company does not disclose in its in-store menus that pinto beans contain pork, and, when specifically asked, employees informed the plaintiff that the pinto beans did not contain bacon or pork. Relying on these representations, the plaintiff purportedly purchased and ate the beans to his detriment, financial and otherwise. The plaintiff seeks to certify a class of California residents who “abstain from consuming bacon or pork” for “ethical, religious, moral, cultural philosophical, or health-related reasons” and purchased the pinto beans from any Chipotle restaurant in California…
The American Civil Liberties Union (ACLU) and National Association of Criminal Defense Lawyers (NACDL) have reportedly filed amicus briefs with the Eighth Circuit Court of Appeals, supporting the efforts of counsel for Sholom Rubashkin to overturn his conviction and sentence for financial fraud at his Iowa meat processing facility. The kosher plant was raided in 2008, 389 undocumented workers were arrested, and Rubashkin was initially charged with violating immigration laws. These charges were ultimately dropped, and a jury acquitted him of hiring underage workers. Prosecutors then aggressively pursued charges that he falsified bank records to inflate sales and diverted customer payments for personal use, and he was found guilty on 86 counts in November 2009. The court sentenced Rubashkin to 27 years in prison, a term longer than recommended by prosecutors. While the ACLU and NACDL reportedly focus their briefs on accusations that the sentencing court improperly cooperated with prosecutors…
Lawyers for Sholom Rubashkin, who was recently sentenced to 27 years in prison for financial fraud discovered in connection with a kosher meatpacking plant in the aftermath of a 2008 raid to find illegal immigrants, have alleged trial-court improprieties in their request for a new trial. U.S. v. Rubashkin, No. 08-1324 (N.D. Iowa, filed August 5, 2010). According to Rubashkin’s motion, the federal district court occupied temporary space near the plant so that the 300-plus undocumented workers arrested in the raid could be processed the following day. This raised the issue of Judge Linda Reade’s prior involvement with prosecutors. “Indeed, Chief District Judge Linda Reade stated in September 2008 in a written opinion that she engaged in purportedly limited ‘logistical cooperation’ with law-enforcement authorities in order to provide attorneys and interpreters for the arrested aliens and to conduct their trials in Waterloo.” To the contrary, Rubashkin claims, eight months after…
The former manager of an Iowa-based kosher meatpacking plant that was raided by immigration authorities in 2008 has reportedly been sentenced to 27 years for financial fraud and ordered to pay $27 million in restitution. While the initial case against Sholom Rubashkin involved the hiring of hundreds of illegal immigrant workers, prosecutors apparently changed their focus to his alleged mishandling of loans that led to bank losses of $26 million. The presiding federal judge reportedly released a 52-page memorandum in advance of the sentencing hearing to explain her decision. The sentence, two years longer than requested by prosecutors, has generated controversy given the relatively lighter sentences meted out to corporate officials responsible for greater frauds in recent years. Six former U.S. attorneys general submitted a letter to the judge supporting a lighter prison term. Rubashkin’s lawyers have indicated that they will appeal the sentence. See The New York Times, June…
Some two years after a raid on a Postville, Iowa, kosher slaughterhouse for the employment of hundreds of illegal immigrants, charges of child-labor law violations are apparently about to be tried in state court against former executive Sholom Rubashkin. Prosecutors reportedly dropped many related charges against other individuals on the eve of trial. Rubashkin, who was also charged with bank, mail and wire fraud and violations of the Packers & Stockyards Act, appeared at a federal court sentencing hearing in late April 2010, facing a potential life sentence in prison. According to news sources, the court will hand down a sentencing order sometime in May; a number of former U.S. attorneys general and U.S. attorneys submitted a letter to the court to express concern about the imposition of a life sentence on a first-time, non-violent offender. See National Law Journal and The Blog of Legal Times, April 26, 2010; Feedstuffs.com,…
A Jewish California resident who follows kosher practices has filed a putative class action on behalf of Hari Krishnas, Hindus, Jains, Buddhists, Taoists, Sikhs, Muslims and Jews against Panda Express, Inc., claiming that the restaurant chain fails to disclose that its vegetable menu items are actually made with significant amounts of chicken stock. Adelpour v. Panda Express, Inc., No. BC425869 (Cal. Super. Ct., Los Angeles Cty., filed November 12, 2009). The plaintiff alleges that the company does not state in its restaurants, promotional materials or online that its vegetable dishes, such as “Mixed Veggies,” “Eggplant Tofu,” “Chow Mein,” and “Fried Rice,” are prepared with chicken stock and that she was led to believe that these dishes were vegetarian. She also alleges that she was “explicitly informed” by company servers or shift supervisors that such menu items were vegetarian. The named plaintiff seeks to certify a class of “All California residents…
As anticipated, federal prosecutors have reportedly filed a motion to dismiss a number of charges of aiding and abetting aggravated identity theft against a Postville, Iowa, slaughterhouse, its former executive and a former manager. The action was taken after the U.S. Supreme Court ruled that a conviction under the identity theft law requires a showing that those presenting false identification documents to employers knew they belonged to another real person. More information about the case and its effect on charges arising from the immigration raids that occurred in Iowa in 2008 appear in issue 303 of this Update. According to a news source, prosecutors knew they would be unable to prove that the undocumented immigrants who worked at an Agriprocessors, Inc. facility knowingly used identification papers belonging to others, and thus, they would be unable to prove that the managers and executives were guilty of aiding and abetting. After nearly…
