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that the bank would not be paid back financial-fraud charges and sentenced more than twice as much as he would
for the money it was owed. Even the to 27 years behind bars. Had justice have served had his punishment fit his
bank, the victim in the case, objected in truly been served, he would have crime. Every day that he spends in
writing to the prosecutors concerning received less than four years. In April prison is a day that he should be
the government’s actions. Here, too, the 2010, after the conviction but prior to spending as a free man, with his family.
prosecutors unjustly concealed the sentencing, a bipartisan group of six
bank’s objections from the defense. former attorneys general and more That is why we urge President
than a dozen other prominent legal Obama to pardon Mr. Rubashkin before
Under federal mandatory-minimum experts wrote a letter to the judge in he leaves office in January. Congress
sentencing guidelines for bank fraud, which they urged her to show Mr. should also take steps to rein in the
an offender’s sentence is directly linked Rubashkin leniency. serious problem of prosecutorial abuse,
to the loss incurred by the bank that which has elicited bipartisan concern
was defrauded. The prosecutors’ med- This call has grown into a clamor in from many lawyers, legal scholars, and
dling meant that the bank incurred a the intervening six years. In April, a federal judges. One possible reform
$27 million loss. This enabled the bipartisan group of four former U.S. includes making it a felony for prosecu-
prosecutors to seek a staggering life-in- attorneys general, two former FBI direc- tors to knowingly conceal or alter evi-
prison sentence for Mr. Rubashkin, tors, and dozens of law professors and dence that bears on a case’s outcome.
which they later lowered to a still unac- former Justice Department officials
ceptable quarter-century. The prosecu- wrote to the current U.S. Attorney for The watchers must be watched. If
tors concealed their role by soliciting the Northern District of Iowa, Kevin they are not, the criminal-justice system
false testimony from Paula Roby, coun- Techau. They described Mr. Rubashkin’s will too often deliver the kind of injus-
sel for the bankruptcy trustee, who said sentence as “patently unjust” and asked tice that Sholom Rubashkin is experi-
that the prosecutors did not interfere in him to act to remedy what the letter encing.◆
the bankruptcy sale process. At sen- called “shocking new evidence that
tencing, the prosecutors misled the prosecutors in your office knowingly Mr. Renfrew was a U.S. District Court judge
court into believing this meddling presented false and misleading testimo-
never happened, a fact that was only ny at the sentencing hearing.” in the Northern District of California (1972-
recently discovered.
Mr. Rubashkin has now served more 80) and U.S. deputy attorney general
Mr. Rubashkin was found guilty on than seven years of his sentence –
(1980-81). Mr. Reynolds was the U.S. attor-

ney for the Northern District of Iowa (1976-

82).This article is reprinted with permission

of the authors.

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