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Rubashkin

Iowa Court Finds Rubashkin Guilty On 86 Charges

Lilit Marcus
 

An Iowa court has just handed down 86 guilty verdicts against Sholom Rubashkin, former owner of the AgriProcessors kosher meatpacking plant in Postville. Here's a broadcast of the news as it broke on a station in Sioux Falls:

 

 


 

Agriprocessors: The Gift That Keeps On Giving

Shmarya Rosenberg
 

Since I last posted on Agriprocessors, shortly after the company was hit with more than 9,000 counts of child labor violations, the company's "former" CEO (and still current VP) Rabbi Sholom M. Rubashkin was arrested on felony immigration and identity fraud charges. That was followed two weeks later by his second arrest on felony bank fraud charges. Rubashkin faces more than 50 years in federal prison, along with more time in state lockup.

Agriprocessors itself was indicted shortly after Rubashkin's second arrest, and the company faces millions of dollars in fines.

Early in November, Agriprocessors declared bankruptcy.  Then, on November 14, the day of Rubashkin's first federal arrest, Agriprocessors missed its payroll, leaving workers – many of them already poor – without money and, in many cases, food. Production ceased shortly after.

Now Agriprocessors' court-appointed trustee, Joseph Sarachek of New York, is trying to restart production and pay workers – at least those workers who play ball with the company.

In effect, Sarachek is running a plantation with slavery replaced by indentured servitude. If workers come back to work, they will be given back wages owed to them in dribs and drabs. If they do not come back to work, they will need to wait for the final bankruptcy settlement  – which means they likely will never see any money. Secured creditors like banks get paid first, and Agriprocessors has more debt now, including potential fines, than industry experts I've spoken with believe it has equity.

Continue reading...

 

AgriProcessors Roundup: Fake Documents, Underage Workers, and the Boycott That Wasn't

Tamar Fox
 

The Kosher/Legal Thing Is A Good Point: but I don't think Chabadniks care much what Jesus would doThe Kosher/Legal Thing Is A Good Point: but I don't think Chabadniks care much what Jesus would doLast we heard, Agriprocessor’s PR firm had been caught trying to smear the reputation of Rabbi Morris Allen and Uri L’Tzedek, but there have been several developments since then.

  • Failed Messiah broke the news that the May 12th raid also uncovered more than 100 fake and fraudulent identity documents from the AgriProcessors Human Services department. It also seems that workers knew they could come to the Human Services department to get fake documents. So you can add forging official documents to the list of AgriProcessor’s evils.
  • The New York Times has an in depth look at labor violations in the AgriProcessors plant, including child labor violations. There were kids as young as 13 working there, despite regulations that prohibit anyone under 18 from working on the floor of the meatpacking plant because of the danger involved. One of the kids who worked there tells the Times he felt like he was a slave.
  • Harsh!: but not uncalled forHarsh!: but not uncalled forCBS reports that many workers have been docked pay that they earned before the raid.
  • Jewschool has an amazing post about the recent rally in Postville to support the workers. The pictures are especially fantastic.
  • Want to get familiar with the crooks and creeps of Agriprocessors? Check out our Most Wanted.

 

Most Wanted: The Big, Bad Butchers and Bullies of Agriprocessors

Shmarya Rosenberg
 

On May 12, 2008, 900 federal and state law enforcement personnel raided Agriprocessors, the country’s largest kosher slaughterhouse. They arrested almost 400 illegal alien workers and had outstanding warrants for hundreds more. On the day of the raid, more than two thirds of Agriprocessors’ workforce was illegal.

Reports of horrific worker abuse by Agriprocessors quickly surfaced, and a federal official present during the raid called conditions at Agriprocessors “medieval.”

It was the largest single-site immigration raid in US history, but the raid was not the first time Agriprocessors or its owners, the Rubashkin family of Chabad hasidim, have been in trouble with the law.

These are your kosher butchers:

Name: Abraham Aaron Rubashkin
Age: Early 80s
Last Seen: Denying guilt

Aaron Rubashkin, a Russian-born Brooklyn butcher and Chabad-Lubavitch hasid with widespread business interests, founded Agriprocessors in 1987 after buying an abandoned slaughterhouse in Postville, Iowa.

In order to keep the plant open while paying what many regard as the industry’s lowest wages, Aaron Rubashkin turned to illegal, undocumented workers, first relying on Eastern Europeans funneled to Postville from Rubashkin’s Brooklyn butcher shop, as Stephen G. Bloom documented in his 2000 book Postville: A Clash of Cultures in Heartland America.

When securing enough Eastern European illegal workers became difficult, Rubashkin turned to illegal workers from Mexico and Central America, reportedly paying them below the minimum wage and forcing them to work 14 to 17-hour shifts with unpaid overtime. Agriprocessors allegedly supplied illegals with forged identity papers and other documents.

Over the years, Rubashkin bought up much of Postville’s available real estate, renting homes and apartments to illegals at what many consider to be inflated rates. Among the charges hurled at Rubashkin after the ICE raid was his alleged tying of property rental to employment, with illegals told that they should rent from Rubashkin in order to secure a job at Agriprocessors. Those workers then were trapped in an allegedly exploitative rental agreement that saw their rents raised monthly. Renting elsewhere meant loss of employment, transfer to an undesirable job within the plant or to an undesirable shift.

Rubashkin was cited by the National Labor Relations Board for collecting union dues from workers at another business he owned, Cherry Hill Textiles (this with son Moshe – see below) but keeping the collected dues for his family. The National Labor Relations Board found the Rubashkins had a “proclivity” for violating the National Labor Relations Act and mandated repayment of all money collected, with interest.

He was also implicated in the Allou Healthcare bankruptcy scandal. Although not charged, Rubashkin was found to have accepted $3.2 million dollars in payments from Allou, for which the government could find nothing Allou received in return. Speaking for Agriprocessors, Rubashkin’s son Sholom M. Rubashkin (see below) at first claimed nothing was given to Allou. Later, he amended his statement to claim Allou – in the healthcare equipment and pharmaceutical business – purchased $3.2 million dollars worth of kosher meat. No trace of that meat has ever been found and Rubashkin claimed the Agriprocessors executive responsible for the Allou transactions died at his desk in 2004, taking all details of the “sale” to his grave.

Rubashkin was forced to pay $1.4 million dollars to help replay Allou’s creditors. Allou’s owners, Satmar hasidim, are now serving jail terms for fraud.

Name: Rabbi Sholom M. Rubashkin, Agriprocessors VP and CEO
Age: Late 40s
Last Seen: Dodging Immigration Agents

Ordained by Chabad, Sholom M. Rubashkin pursued a career as a Chabad House rabbi. In 1987, he was compelled by his father to leave the rabbinate and take over the on-site operations of Agriprocessors in Postville.

Agriprocessors’ battles with the town of Postville, the EPA, the USDA, PETA, and the United Food and Commercial Workers Union have all been led by Sholom M. Rubashkin.

Under his watch, slaughterers used meat hooks to rip out the throats of still conscious animals and kicked blood in the eyes of dying animals. Agriprocessors so polluted the environment that the the company was sued by the EPA. The Rubashkins eventually settled with the EPA, paying a $600,000 fine. Additionally, turkeys produced by Agriprocessors were found to have sodium levels far in excess of stated amounts.

Along with his sister’s husband, Rabbi Milton Yehoshua Balkany (see below) Sholom M. Rubashkin is a frequent and generous donor to Republican political campaigns, giving tens of thousands of dollars to favored candidates including Catherine Harris, Iowa Senator Charles Grassley, Iowa Congressman Tom Lathum, and Pennsylvania Senator Arlen Specter. The family’s contributions to Iowa Secretary of Agriculture Patty Judge’s campaign for governor at a time she was responsible for regulating Agriprocessors also raised ethical issues.

The family’s bundled contributions given to Grassley, Specter, and Harris – $20,000 each – along with lesser contributions to Lathum drew PETA’s ire in 2005, when PETA Vice President Bruce Friedrich noted:

“A federal legislator should not be taking money from a company that is being sued by one federal agency [the EPA – Rubashkin settled] and that is under investigation by another [the USDA – Rubashkin was found to have violated Humane Slaughter Law but the Bush Department of Justice declined to prosecute]—that just screams conflict of interest.”

Name: Rabbi Milton Yehoshua Balkany
Age: 62
Last Seen: Playing Tony Soprano

The husband of Abraham Aaron Rubashkin’s daughter Sarah, Balkany is notorious for his practice of bundling campaign contributions to skirt federal campaign finance law, handing envelopes full of checks from various Balkany-Rubashkin family members to politicians. Balkany’s largess largely benefits Republican candidates, and his bundled contributions give him – and his father-in-law – aggregated influence.

In 2003, Balkany was detained on charges he misused $700,000 in HUD grant money intended for handicapped toddlers. Most of the money had been transferred by Balkany into bank accounts controlled by his children, including at least one in Israel. Balkany also used this grant money to pay his personal credit card bills and to pad his personal bank accounts.

In a deal with the US Attorney’s office, Balkany – who claimed his actions were sloppy accounting practices, not theft – agreed to make restitution and to refrain from seeking any more federal grants. He was never prosecuted.

Balkany has been implicated in other scandals involving government funds and is now barred from lobbying Bureau of Prisons officials after allegations of bribe-taking surfaced.

Balkany also tried to have a Jewish aide to then-US Senator Daniel Patrick Moynihan excommunicated after the aide wrote memos detailing Balkany’s strong-arm attempts to force the Israeli government to use US aid money for Balkany’s pet projects in Israel.

In an attempt to end Orthodox justice group Uri L’Tzedek’s boycott of Agriprocessors, while officially representing Agriprocessors and his father-in-law at a meeting in mid-June, Balkany reportedly threatened the Orthodox justice group’s leadership in a manner eerily reminiscent of Tony Soprano.

Name: Moshe Rubashkin
Age: 50
Last Seen: Pleading guilty

The elder son of Abraham Aaron Rubashkin has a criminal record stretching back twenty-five years. He was arrested in 1983 for felony assault and rioting (he later pleaded guilty to misdemeanor charges). As noted above, in 1995 he and his father were caught collecting union dues from their Cherry Hill Textiles employees but keeping the money for themselves. The National Labor relations Board forced the Rubashkins to repay the money taken with interest, and banned their attorney from practicing before the NLRB for six months.

In 2002, Moshe Rubashkin was arrested for bank fraud. He pleaded guilty and served almost two years in Fort Dix Federal Prison. Just months after his release, Moshe Rubashkin was elected president of the Chabad-Lubavitch-controlled Crown Heights Jewish Community Council, which annually receives and administers millions of dollars in government funds.

Late last year, Moshe and his son Sholom (the nephew of Agriprocessors’ CEO/VP Sholom M. Rubashkin) were indicted on federal charges related to the family’s abandoned textile mill in Allentown, Pennsylvania, which burned in a series of suspicious fires. Although the family engaged in a convoluted cover up meant to hide ownership of the property and defraud the EPA and the city of Allentown, Moshe Rubashkin was only charged with illegal storage of hazardous waste. His son was charged with knowingly making a false statement to federal authorities. Both charges are felonies.

Originally due to be sentenced on July 16, the government agreed to postpone sentencing until November 3 to allow Moshe Rubashkin and his son more time to repay the $450,000 they owe the EPA. The rub? The money for this repayment appears to be coming from other Rubashkin family members who themselves draw their income from Agriprocessors and related companies, not from Moshe Rubashkin himself. When pressed, an official close to the case could not explain the need to allow Moshe Rubashkin and son to remain free to facilitate this repayment.

Name: Nathan Lewin
Age: About 70
Last Seen: Defending Agriprocessors

The noted constitutional attorney has long served as legal counsel for Agriprocessors, and Lewin is also closely connected to Agudath Israel of America, the ultra-Orthodox advocacy organization.

As I first reported in late 2004, on October 23, 2003, Agudath Israel officials, and, I’m told, Lewin, along with rabbis from various kosher supervisions, met with senior USDA staff in Washington. My sources tell me that Lewin did not disclose his connection to Agriprocessors.

The subject of that meeting was a USDA directive that outlawed “sawing” during religious slaughter. Agudath Israel claimed the directive’s current language could easily be misinterpreted by USDA inspectors and would, they feared, be used incorrectly to stop kosher slaughter. The USDA agreed to change the language and relied heavily on Agudath Israel – and, it seems, Nathan Lewin – to write a new directive. What made its way into that new directive? Approval of a second cut to “facilitate bleeding” – the basis for Agriprocessors’ meat hook throat-ripping exposed by PETA.

During the furor surrounding exposure of that throat-ripping, Lewin played the Holocaust card, comparing PETA to Nazis and alleging PETA’s true aim was to end shechita.

In the days immediately preceding the release of PETA’s undercover video, Lewin told a sympathetic reporter for the New York Sun that he, as Agriprocessors counsel, had offered to discuss with PETA and, if necessary, resolve any problems at Agriprocessors. PETA, Lewin claimed, never responded to him.

The actual letter Lewin sent to PETA – now posted on PETA’s website – shows that Lewin misrepresented the tone of his letter and that Lewin and Agriprocessors did not offer to meet PETA.

At the close of Agudath Israel’s national convention in November 2004, on the eve of the release of PETA’s exposé, Agudath Israel leader Rabbi Chaim David Zwiebel asked the convention for a unanimous vote condemning PETA and supporting Agriprocessors. He got that vote – even though no one voting except for Lewin had seen PETA’s evidence.

The USDA, in response to PETA’s video and other documentation, conducted its own investigation and found that Agriprocessors violated the Humane Slaughter Act. It also found its inspectors took illegal gifts from Agriprocessors and often slept or played computer games on the job. The USDA kept that decision secret for almost one year, while the US Attorney for Northern Iowa declined to prosecute. PETA forced release of the damning USDA findings by filing and actively pursuing Freedom of Information Act requests against the agency.

Name: Menachem Lubinsky
Age: Unknown
Last Seen: Spinning

Head of Lubicom, a kosher industry marketing and PR firm, Lubinsky is a former Agudath Israel of America VP and a current member of its board of trustees, as well as a longtime paid consultant and flack for Agriprocessors. Yet, in his role as editor of the industry trade journal Kosher Today, and as a sought after expert for media reports on kosher food, Lubinsky commented on various Agriprocessors scandals without identifying himself as a paid consultant of Agriprocessors.

Like Lewin, Lubinsky played the Holocaust card, comparing PETA to Nazis and alleging PETA’s true aim was to end shechita.

Name: 5W Public Relations
Age: 5
Last Seen: Impersonating Competent PR professionals

America’s “fastest growing” PR firm counts Agriprocessors, Paris Hilton, "Girls Gone Wild" producer Joe Francis, a handful of Israeli politicians, Pastor John Hagee, and various hip hop artists among its clients.

Headed by CEO (and former Betar-USA head) Ronn Torossian and SVP Juda Engelmayer (owner of the Lower East Side icon Kossor’s Bialys), 5W was caught impersonating critics of Agriprocessors online. 5WPR at first denied the impersonations, and then blamed them on an unnamed “intern.” The problems for 5WPR multiplied when it became clear the “intern did it” excuse was not credible.

In the wake of the massive immigration raid that crippled it, Agriprocessors promised to comply with the law and to begin a new era of ethical business. Despite those promises, Agriprocessors continues to retain 5WPR.


 

Meet Your Meat: Rubashkin Scandal Grows Ever-More Rancid

Tamar Fox
 

Since federal agents conducted an immigration raid on the Postville, IA, AgriProcessors meatpacking plant on May 12th, the Jewish community has been in a furor over everything from worker’s rights, to accusations of sexual harassment, to the possibility of a kosher meat shortage if AgriProcessors is forced to close.AgriProcessors: disconnected and unprofessional?AgriProcessors: disconnected and unprofessional? In the last week there have been a fair number of developments:

  • The Jew & The Carrot has an interview with Zalman Rothschild, a former mashkiach (kosher supervisor) at AgriProcessors. Rothschild says there was a nice rapport between the rabbis and the Mexicans who worked at the plant (except with the women, ahem) when he was there, but calls AgriProcessors “unprofessional” and “disconnected” from the day-to-day operations.
  • Ben Harris at JTA went to Postville and spoke with Sholom Rubashkin, now former CEO of AgriProcessors. Though Rubashkin insisted he was “clean as a baby” and offered to give Harris a tour of the plant, the offer was eventually reneged, and Harris was referred to the company spokesperson, who refused to discuss the allegations the workers are making about hiring minors, forcing workers to take 14 and 15 hour shifts, and an environment of sexual harassment. Harris also went to Brooklyn to speak with Aaron Rubashkin, who started his business in 1953, the same year he emigrated from Russia. The elder Rubashkin was more forthcoming than his son, and flat out denies every allegation made. He comes across as scattered and affable, but uninformed. Included in the article is a lengthy audio clip of the interview.
  • The Chicago Tribune reports that the State of Iowa is easing up on many of the fines that it initially imposed on AgriProcessors. After AgriProcessors “promised to improve safety for its workers” the fines were reduced from $182,000 to $42,750. Iowa Congressman Bruce Braley is concerned about the reduction in fines, and has spoken to the AP, explaining that he understands the reasoning behind the shrinking fines, and hopes AgriProcessors can live up to their promise to improve conditions for workers.
Aaron Rubashkin and his son Moshe: a tad evasiveAaron Rubashkin and his son Moshe: a tad evasive
  • AgriProcessors frequently shipped meat to smaller communities, where other kosher meat and poultry options weren’t available. These communities are now feeling the pinch as AgriProcessors struggles to fill orders, and many are left without any kosher meat, reports the New York Jewish Week.
  • The Forward reports that demand for AgriProcessors meat (which sells under the brand names Aaron’s Best, Rubashkin’s, Shor Habor, Iowa’s Best Beef and Supreme Kosher) has not slowed since the immigration raid on May 12th, and if anything they’re struggling to fill orders with the reduced output from Postville.


 

Jewish Prison Chaplains Reach Out With Kosher Food

Tamar Fox
 
Getting kosher food in prison has been a pain in the ass for a while now. There’s the child-molester who wanted a yarmulke and some matzah ball soup in Georgia, and the former Neo-Nazi and statutory rapist in Missouri who was jonesin’ for some kugel. The obvious take home message here is that if you can’t do time in a facility that won’t provide you with kosher food, then you really shouldn’t do the crime. That said, both the child-molester and the statutory rapist won lawsuits suing for kosher food in prison. And in California, after a different child-molester took the state to court for not providing him with kosher meals in 2003, the state promised to make good faith efforts to get kosher food available to all California inmates by 2006.
Kosher Prison Food: yummier than Halal?Kosher Prison Food: yummier than Halal?
This article in the Forward explains some of the unexpected results of what’s called the Jewish Kosher Diet Plan.

As a direct result of the lawsuit, the California Department of Corrections and Rehabilitation has been scrambling in recent years, in conjunction with the Northern and Southern California boards of rabbis, to install a Jewish chaplain at every prison in order to oversee the preparation of kosher food.


The work extends far beyond merely vetting jailhouse kosher cuisine. According to one longtime Jewish chaplain, his niche is as close as a rabbi can come to performing missionary work.

“We work with the underbelly of society, the spiritually void, the morally empty,” said Rabbi Lon Moskowitz, the Jewish chaplain at California Men’s Colony in San Luis Obispo. “It’s important to have chaplains so we can facilitate the Jewish Kosher Diet Plan statewide, but it’s a requirement so that the spiritual needs of incarcerated Jews are met.”

That’s all well and good, but to meet someone’s spiritual needs you need to get him to walk in the door, and it’s the kosher meat, more often than not, that does that job:
When the kosher diet plan was first introduced two years ago, [Rabbi Mendel] Slavin said, non-Jewish inmates began attending his services and claiming to be Jewish in order to get on the meal plan. “With the kosher diet, it became fashionable to be Jewish,” he said. He had worked to explain to the non-Jews that eating kosher was not a privilege, but rather a requirement for those who truly were observant Jews.

 

Isn’t it funny that kosher food is getting prisoners to explore their spiritual lives, and at the same time kosher food is getting a lot of Hasidic rabbis and businessmen in trouble as their shady meatpacking plant is turned inside out?


 
FAITHHACKER

Kosher Meat Producer Slammed For Inhumane Practices

We should stop buying Rubashkin meat
Tamar Fox

There has been a lot of press in the past year or two about how Rubashkin, the second biggest kosher meat producer, has mistreated both the animals it slaughters, and the workers in the plants it operates.
Rubashkin: Boo!  Hiss!Rubashkin: Boo! Hiss!


First, PETA released a video showing cows' throats ripped out with a meat hook and cows writhing on the floor, trying to get up and run away after the ritual slaughter.

Then the Forward published an article about how poorly workers were being treated at the Postville, Iowa plant that had previously been the subject of the PETA video. Among the many complaints were low wages (the cap was at seven dollars an hour for most workers), and no unions because the workers, many of whom are undocumented immigrants, are afraid of being deported. There were also reports of workers being shortchanged for hours they worked, and of supervisers demanding bribes from employees who want to change shifts, or help relatives get a job. Perhaps the most troubling issue in the article is the lack of safety training given to the workers at the plant. The Forward quoted one man who said he received no training at all, and learned what to do only by being chewed out for bad work.

Most recently, Rubashkin tried to prohibit its employees from unionizing by claiming they weren’t really “employees” if they were undocumented workers, and in the country illegally. The National Labor Relations Board found against Rubashkin, Rubashkin appealed, and two weeks ago the US Court of Appeals rejected the appeal.

I know that in smaller communities it can be hard to get any kosher meat, and that when it is available, it’s often sold in Wal-mart, and is Rubashkin meat. There are rabbis debating whether or not Rubashkin facilities can even be considered kosher, but even if it is technically kosher, there’s no question that buying Rubashkin meat is supporting a company with bad ethical standards.

Let’s stop buying Rubashkin meat.
Wise Organic Pastures: Yay!  Huzzah!Wise Organic Pastures: Yay! Huzzah!
Ideally, of course, I support going vegetarian (so does Alicia Silverstone) but if you can’t give up meat, try contacting Wise Organic Pastures who provide kosher organic meat to distributors nationwide. That way, even your chulent can be socially conscious.