nos 10-2487 10-3580

Nos. 10-2487, 10-3580 ______________________________________

UNI T E D ST A T ES C O UR T O F APPE A LS F O R T H E E I G H T H C IR C UI T

_____________________________________

UNI T E D ST A T ES O F A M E RI C A , Appellee,

v.

SH O L O M RUB ASH K IN,

Defendant-Appellant. ______________________________________

On Appeal from the United States Distr ict Court for the Northern Distr ict of Iowa

______________________________________

M O T I O N F O R R E L E ASE PE NDIN G APPE A L ______________________________________

M A R K E . W E IN H A RD T B E L IN Mc C O R M I C K , P.C . 666 Walnut Street, Suite 2000 Des Moines, IA 50309 (515) 283-4610 SH A Y D V O R E T Z K Y Y A A K O V R O T H JO N ES D A Y 51 Louisiana Avenue, NW Washington, DC 20001-2113 (202) 879-3939

N A T H A N L E W IN A L Y Z A D . L E W IN L E W IN & L E W IN , L LP 1775 Eye Street N.W., Suite 850 Washington, D.C. 20006 (202) 828-1000 Attorneys for Defendant-Appellant

Appellate Case: 10-2487 Page: 1 Date Filed: 06/16/2011 Entry ID: 3798710

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IN T R O DU C T I O N

On June 15, 2011, the Court (Chief Judge Riley, Circuit Judges Murphy and

Smith) heard oral argument in this appeal. It appears from the argument that there

is , that

could result in reversal and an order for a new trial. United States v. Powell, 761

F.2d 1227 (8th Cir. 1985) (en banc). The Appellant is currently in custody and has

now been serving his sentence since return of the jury verdict, in addition to 76

days served pretrial. This Motion is being submitted pursuant to Rules 8(c) and 9

of the Federal Rules of Appellate Procedure and Rule 38 of the Federal Rules of

Criminal Procedure to stay further service of his sentence and to release him

subject to conditions that will guarantee his presence to continue service of his

sentence should this Court not reverse and grant a new trial.

Mr. Rubashkin, is a native-born American who has a wife and ten children.

He moved to Postville, Iowa, in 1991, when he became vice president of

Agriprocessors, a kosher beef and poultry slaughtering plant that his father Aaron

Rubashkin had established. Since Mr. Rubashkin in

Otisville, New York, his family has lived in the New York area.

Mr. Rubashkin anticipated ever since the May 2008 immigration raid on that

he would be accused in a federal indictment. He received the first of two

letters His attorneys met and corresponded repeatedly with the


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federal prosecutors while Mr. Rubashkin remained in Postville awaiting the

criminal charges that the prosecutors said they were intending to bring. Various

employees of Agriprocessors were indicted in the months following the raid. Mr.

Rubashkin made no attempt to flee notwithstanding the very public nature of the

investigation in which he was targeted and the indictments of Agriprocessors

employees. He even traveled to Canada to visit a sick friend and returned to

Postville while the filing of formal charges and an arrest were imminent.

Before the May 2008 raid, Mr. Rubashkin had an absolutely clean record,

and there is no reason to believe that he would flout the law or attempt to flee from

it. In response to the charges filed against him he has always asserted his innocence

and declared that he is confident of ultimate vindication after a fair legal process.

After his initial arrest on an immigration charge on October 30, 2008, Mr.

Rubashkin was released on a one-million-dollar bond. One day after indictment on

the immigration offense, he was again arrested with extensive publicity on bank

fraud charges. The Magistrate Judge ordered him detained because he is Jewish

prosecutors, would make extradition difficult or impossible. The District Court

reversed that decision after 76 days of imprisonment. Mr. Rubashkin thereafter

complied with all conditions of his release. Indeed, on one occasion when his


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electronic bracelet came loose, it was Mr. Rubashkin who notified the authorities

of this fact and had it corrected.

Mr. Rubashkin has been ardently supported in his defense by significant

segments of the Orthodox Jewish community. Many visited him before his trial

and many attended the court proceedings. Relatives, former employees, and friends

are certain enough that he will be remaining in the United States and will not flee

that they have offered to post their homes, totaling approximately 8 million dollars

in equity, as security for his presence in court. The Orthodox Jewish community

has even offered valuable and sacred Torah Scrolls as security. Mr. Rubashkin

proposed every conceivable restraint that could be imagined short of imprisonment

including not only electronic monitoring but also a 24-hour armed guard around

his home if he had been permitted to live at home pending sentencing. Living at

home even under conditions that are identical to home imprisonment -- would

enable him to follow the strict rules of Orthodox Jewish observance and assist his

wife and family, including an autistic son and children aged 11, 9, and 7.

We recognize that the burden imposed by federal law on an accused who has

been found guilty and is appealing his sentence is substantial. Section 3143(b) of

Title 18 mandates that he

community if released under section 3142(b) or (c)


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in reversal or in an order for a new trial.

No one claims that Mr. Rubashkin poses any danger to the safety of any

other person or the community if he is released from prison pending disposition of

his appeal. The District Judge denied request for release pending

sentencing . The District Judge did

not explain why

including the most drastic condition of a 24-hour

personal armed guard .

The conditions of release proposed by Mr. Rubashkin

guaranteed that Mr. Rubashkin could not flee. The combination of a personal 24-

hour guard and an electronic bracelet, together with financial guarantees totaling 8

million dollars, and the assurances of a significant community in the United States

confirm what has been obvious throughout the proceedings involving Mr.

Rubashkin that he has no intention of fleeing, that he is contesting in the courts

of the United States the charges made against him, and that he will accept the

result of that battle after a fair proceeding. In a high-profile New York case

following the arrest of a French citizen who was removed from an airplane as it


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released on bail conditions co

counsel.

S

Court. If he prevails on either of the first two questions, a new trial will be granted.

These issues satisfy the statutory standard in 18 U.S.C. § 3143(b)(1)(B).

ST A T E M E N T

The factual history of this case is recited at pages 1-

Principal Brief. The legal issues raised on appeal that could result in a reversal and

a new trial appear at pages 27-48 of Appel -18 of

and at pages 48-

and pages 19- .

the District Court held an evidentiary hearing

attached as Exhibit 1. On November

20, 2009, Judge Reade granted ed Mr.

Rubashkin pending sentencing (Exhibit 2). She summarized the evidence presented

at the hearing, which included (1) testimony of the United States Probation Officer

who testified that Mr. Rubashkin had complied without fail with all terms of

release and had


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testimony of Mr. Rubashkin about his religious obligation to comply with the

teaching in Postville during his pretrial release, (3) evidence

of

one thousand letters and e-mails of support written by members of his community

from 43 individuals willing to pledge the equity in their homes for his bail, and (4)

testimony from a rabbi who heads his legal defense committee that Mr. Rubashkin

t could

2, pp. 3-4.

Services that is prepared to provide 24-hour armed guard surveillance at Mr.

Exhibit 3. This proposal had been presented at the earlier

January 2009 detention hearing, but the District Judge had found such additional

safeguard to be unnecessary at that time.


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Nonetheless, the District Court found that the prose

She ordered that he be detained pending sentencing.

Exhibit 2, p. 5 [Dkt. No. 748].

On December 23, 2009, appellate counsel applied to this Court for release

pending sentencing. United States v. Rubashkin, No. 09-3939. This Court denied

release pending sentencing on January 8, 2010. Exhibit 4. The Supreme Court

denied certiorari on March 30, 2010. Exhibit 5.

Appellant was sentenced on June 22, 2010. Exhibit 6. Following sentencing,

an oral motion was made to the District Court for bail pending appeal. That motion

was denied. Exhibit 7 [Dkt. No. 928].

A R G U M E N T

Sholom Rubashkin was found guilty of participating in conduct that

misrepresented to his single lender the true value of security on which he could

take draws pursuant to his business loan. By June 16, 2011, he will have spent 76

days in prison prior to trial and 575 days following his trial for a total of 651

days. We now request that this Court order his release pending disposition of this

appeal on all or some of the conditions of release proposed by his trial counsel.


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The Bail Reform Act of 1984 authorizes imprisonment of a defendant who is

not a danger to the community prior to decision on an appeal that raises substantial

questions of law only if there are no conditions of release that provide adequate

assurance that such a defendant will appear as required. The Act shifts the burden

immigration raid of May 12, 2008, d

the conditions of release proposed by his trial counsel guarantee his continued

presence in the United States.

him and his family. He and his wife, Leah, have ten children, of whom three are

under the age of 12. A fourth, a teenager who was particularly close to Mr.

condition has worsened materially as a result o

Incarceration of Mr. Rubashkin in prison rather than effective arrest at his

home also imposes severe hardship because of the stringent demands of the

p

significantly hampered by his incarceration. He is one of only a handful of

Orthodox Jewish prisoners at any security level in the Bureau of Prisons. Due to


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the length of his sentence, he is required to be incarcerated in a medium security

facility that simply cannot effectively accommodate the practice of his faith.

We have deferred the submission of this application until oral argument of

this appeal a juncture when this Court can see that there are very substantial

reasons to challenge the fairness of the trial. Not only should the trial judge have

recused herself and fully notified trial counsel of her participation in preparations

for the raid, but the admission of prejudicial evidence of immigration-law

I .

T H E PR OPOSE D C O NDI T I O NS O F R E L E ASE V IR T U A L L Y G U A R A N T E E ,

AS PR ESC RIB E D IN SE C T I O N 3143(b)(1)(A), T H A T M R . RUB ASH K IN

The District Judge granted the prosec

and

ased under [§] 3142(b)

Exhibit 2, p. 5. This finding was clearly erroneous. And even assuming

arguendo that

are more than adequate to assure his presence ing

standard.


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A . F inding Does Not Preclude

Bail Pending Appeal.

In United States v. Maull, 773 F.2d 1479, 1486-1488 (8th Cir. 1985), this

Court, sitting en banc, articulated the standards that govern applications for release

between the factors (a)

and the nature and seriousness of the danger to any person or the community that

w (b) those that relate to

the conditions of release of section 3142(c)(2)(A)-

The proposed to the District Court and again to

this Court reviewed would assure Mr.

, and this Court should accordingly release Mr.

Rubashkin pending disposition of this appeal on the same conditions that governed

his release pending trial or on additional conditions.

The

least restrictive further condition, or combination of conditions, that will


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in Section 3142(c)(1)(B). And Section 3143(b)(1)(A), which governs release

pending appeal, incorporates Section 3142(c). This Court held in United States v.

Welsand, 993 F.2d 1366 (8th Cir. 1993), that a District Court considering whether

to release a defendant pending sentencing under Section 3143(a) should consider

the sufficiency of the conditions specified in Section 3142(c)(1)(B), which include

See also United States v.

Spilotro, 786 F.2d 808 (8th Cir. 1986); United States v. Orta, 760 F.2d 887, 891-

892 (8th Cir. 1985) (en banc) (judicial officer has duty to determine conditions that

; , 895 F.2d 810 (1st

Cir. 1990) (electronic bracelet and posting home as security sufficient to

reasonably assure presence of narcotics defendant who was a flight risk).

A court may not, therefore, deny release pending sentencing or pending

appeal .

arguendo that the

condition or conditions would achieve the result contemplated by Section 3142(c)

B . The 24-Hour-Guard, E lectronic Monitoring, Forfeiture of Valued

Religious Scrolls, and Several Million Dollars in Property Posted by

.


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Given his meticulous indeed, religious adherence to the conditions of

release heretofore imposed, the conditions of release that governed Mr.

presence while his appeal is being decided. No specific reason has been stated by

the prosecution for concluding that these conditions are now inadequate, and the

District Court never addressed the sufficiency of these conditions.

(1) 24-Hour A rmed Guard Global Security Services of Davenport, Iowa,

submitted a letter proposal for an armed guard to be stationed 24 hours a day at Mr.

ome, where a camera system would also cover the exterior of the

house. Exhibit 3. A comparable service could be provided in the New York area.

Mr. Rubashkin would be arrested and held by the armed guard if he ever tried to

leave his home without prior authorization. Payment for the service would be made

far enough in advance that the service could not lapse without ample advance

notice to the prosecution.

(2) Forfeiture of Valued Torah Scrolls Torah scrolls have been offered

as security by six rabbis. This is an extraordinary sign of confidence by the

(3) Millions of Dollars Family, friends, and

appearance. Exhibit 8.


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(4) E lectronic Monitoring Mr. Rubashkin would wear an ankle bracelet

and be electronically monitored, as he was during his pre-trial release.

I I .

T H E DIST RI C T C O UR T M R . RUB ASH K IN W AS

W AS C L E A R L Y E RR O N E O US

The record made in two detention hearings established that Mr. Rubashkin

had been a long-time resident of Postville with a large family that lived there with

him for many years. He founded Jewish institutions in Postville and had strong ties

to the community. He never tried to flee from any legal difficulty. Compare United

States v. Kisling

; United States v. Jacob, 767 F.2d

505, 508 (8th Cir. 1985). He had no history of engaging in any violent conduct.

Compare United States v. Orta, 760 F.2d 887, 889 n. 7 (8th Cir. 1985).

The District Judge actually made many findings that support the conclusion

that Mr. Rubashkin is not a flight risk. Her general statement criticizing

to find any specific fact that would support the conclusion that there is any real

danger that Mr. Rubashkin is planning to flee or can flee. The alleged assistance he

gave to two individuals who left the United States and traveled to Israel was

explained by Mr. Rubashkin at the detention hearing (Exhibit 1, pp. 29-34).


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Moreover, this evidence basically double hearsay did not reflect in any way on

shame he would bring to his community and his supporters if he would flee, his

attachment to his family (and his autistic son, see Exhibit 1, pp. 26-28) are

significant ties that will keep him at his home. And he was, according to his

1, pp. 4-7), exceedingly scrupulous in

adhering to every minutia of his pre-trial release. He even alerted her when his

electronic bracelet malfunctioned!

The grounds that have justified findings in reported cases that defendants are

s a) ties to a foreign country (e.g., United States v.

Abad, 350 F.3d 793, 799 (8th Cir. 2003) (foreign citizen with no children); United

States v. Jamal, 326 F. Supp. 2d 1006 (D. Ariz. 2003)

and minimal assets in the

United States); United States v. Ruiz-Corral, 338 F. Supp. 2d 1195, 1198 (D. Colo.

); United States v. Vergara, 612 F.

Supp. 2d 36 (D.D.C. 2009) (

, or (b) a history of flouting the law or of avoiding arrest (e.g., United States

v. Braiske, 2009 WL 3616246 (N.D. Iowa Nov. 22009); United States v. Scales,

-imposed

). We have found


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no reported case in which a defendant who, like Sholom Rubashkin, had no ties to

On the other hand, courts have released defendants over government

objection on far more aggravated circumstances and greater likelihood of flight

than is presented by the record of this case. And the conditions of release in these

other reported cases have been equal to, or less extreme, than was proposed by Mr.

Rubashkin. See, e.g., United States v. Madoff, 586 F. Supp. 2d 240 (S.D.N.Y.

2009); United States v. Dreier, 596 F. Supp. 2d 831 (S.D.N.Y. 2009); United

States v. Chavez-Rivas, 536 F. Supp. 2d 962 (E.D. Wis. 2008); United States v.

Demmler, 523 F. Supp. 2d 677 (S.D. Ohio 2007).

A recent highly publicized case illustrates the inequity in imprisoning Mr.

was made in the New York State prosecution of the head of the International

Monetary Fund, Dominique Strauss-Kahn, who was arrested and will stand trial on

attempted rape charges. Unlike Mr. Rubashkin, Mr. Strauss-Kahn (a) is a citizen of

a foreign country and not a citizen of the United States, (b) has no permanent

residence in the United States, (c) was apprehended on an airplane as he was

leaving the United States, and (d) could not be successfully extradited because

France, where he is a citizen, does not extradite French citizens to the United


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States. Nonetheless, Mr. Strauss- with a 24-hour guard,

electronic monitoring, a one-million-dollar cash bail, and a five-million-dollar

bond was ordered. See Exhibit 9. These conditions are comparable to those offered

by Mr. Rubashkin and the community that supports him.

concern regarding Mr. Strauss-Kahn was not sufficient to

justify his continued imprisonment, Mr. Rubashkin, who is a United States citizen

only, resides with his family in the United States, was not apprehended while

leaving the United States, and could be extradited from a foreign country

(including Israel) should surely be released on the same conditions.

I I I .

T H E F IRST ISSU E R A ISE D O N APPE A L

L I K E L Y T O R ESU L T IN . . . A N O RD E R F O R

iefs in this Court raised two issues that would warrant reversal

and the grant of a new trial. The oral argument of this appeal held on June 15,

2011, did not reach the second of these issues, but the discussion of the first issue

demonstrates that it is a question

United States v. Powell, 761 F.2d 1227, 1230 (8th Cir. 1985) (en banc). This

is the definition of

the language of Section 3143(b)(1)(B)) that was provided in

United States v. Giancola, 754 F.2d 898 (11th Cir. 1985), and has been followed in


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nearly all Circuits, including this one. See cases cited in United States v. Maher, 10

F. Supp. 2d 594, 596 (W.D. Va. 1998). Applying this standard, Mr. Rubashkin

C O N C L USI O N

For the foregoing reasons, this Court should order the release, on appropriate

conditions, of Mr. Rubashkin pending disposition of his appeal.

Respectfully submitted,

Dated: June 16, 2011 s/Nathan Lewin______________________ N A T H A N L E W IN A L Y Z A D . L E W IN L E W IN & L E W IN , L LP 1775 Eye Street NW, Suite 850 Washington, D.C. 20006 (202) 828-1000 Attorneys for Defendant-Appellant

Of Counsel Mark E. Weinhardt BELIN McCORMICK, P.C. 666 Walnut Street, Suite 2000 Des Moines, IA 50309 (515) 283-4610 Shay Dvoretzky Yaakov Roth JONES DAY 51 Louisiana Avenue, NW Washington, DC 20001-2113 (202) 879-3939


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CERTIFICATE OF SERVICE I certify that I electronically served a copy of the foregoing document to which this certificate is attached to the parties or attorneys of record, shown below, on June 16, 2011.

By: s/ Nathan Lewin NATHAN LEWIN COPIES TO: Counsel of Record


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C on t act P a t r ice M u r r a y at 319-286-2324 or p a t r ice_m u r r a y@i a n d. uscou r ts.govto p u rch ase a com p lete cop y of t he t r a nscr i p t .

1

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF IOWA

UNITED STATES OF AMERICA,))

Plaintiff, ))

VS. ) CR 08-1324)

SHOLOM RUBASHKIN, ))

Defendant. )

APPEARANCES:

ATTORNEYS PETER E. DEEGAN, JR., CHARLES J. WILLIAMS, AND MATTHEW J. COLE, Assistant U.S. Attorneys, Suite 400, 401 First Street S.E., Cedar Rapids, Iowa 52401, appeared on behalf of the United States.

ATTORNEYS GUY R. COOK, of the firm of Grefe & Sidney, 500 East Court Avenue, Suite 200, Des Moines, Iowa 50309,

ANDATTORNEY F. MONTGOMERY BROWN, of the firm of Brown & Scott, 1001 Office Park Road, Suite 108, West Des Moines, Iowa 50265, appeared on behalf of Sholom Rubashkin.

DETENTION HEARING,

held before the Hon. Linda R. Reade on the 18th

day of November, 2009, at 4200 C Street S.W.,

Cedar Rapids, Iowa, commencing at 8:57 a.m.

Patrice A. Murray, CSR, RPR, RMR, FCRRUnited States District Court

4200 C Street S.W.Cedar Rapids, Iowa 52404

(319) 286-2324


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INDEX

WITNESS D C RD RC

Lindsay Skelton 4 8

Sholom Rubashkin 9 37 68

Sholom Gurkov 70 73

Sholem Hecht 75 87

Michael Fischels 96 108 113

EXHIBITS

O R

Exhibit No. 6 99 99Exhibit No. 7 99 99Exhibit No. 1300 106 106Exhibit No. 1301 104 104Exhibit No. 1302 102 102Exhibit No. 1303 102 102Exhibit No. 1304 102 102Exhibit No. 1319 105 105Exhibit A 92 95Exhibit A-1 94 95Exhibit A-2 16 16Exhibit A-3 93 95Exhibit B 92 95Exhibit C 92 95Exhibit D 93 95Exhibit D-1 93 95Exhibit E 93 95Exhibit F 93 95


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THE COURT: We're ready to proceed in the

case of United States of America versus Sholom

Rubashkin, case number 8-1324. Mr. Rubashkin is

here with his attorneys. The government is

represented. This is a detention hearing. And

under the statute, the defendant has the burden.

And so, Mr. Cook, Mr. Brown, I'm happy to

receive any evidence that you'd like to offer.

MR. COOK: Thank you, Your Honor. We,

first of all -- preliminarily, we have supplied to

the government and to the Court hard copies of the

documents that we e-mailed courtesy copies to the

Court last evening. And we placed the originals of

those on the Court's bench, and have given copies

to Mr. Deegan and his counsel. And those contain

letters of support, e-mails, resumes, mortgage

letters, and other documents, which will address

certain witnesses here.

Also, Your Honor, with respect to a

preliminary matter, we would ask, with the Court's

permission and the approval of the US Marshals,

that the handcuffs of Mr. Rubashkin be removed. We

do intend to call him as a witness, and it might

assist the process if the Court would permit that.

THE COURT: That would be fine. Thank


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you.

MR. COOK: Thank you, Your Honor.

We would call as our first witness

Lindsay Kelton [sic].

THE COURT: Skelton.

MR. COOK: Skelton, Your Honor. I'm

sorry, Your Honor.

THE COURT: Ms. Skelton.

LINDSAY SKELTON,

called as a witness, being first duly sworn or

affirmed, was examined and testified as follows:

THE COURT: Please come to the witness

stand.

DIRECT EXAMINATION

BY MR. BROWN:

Q. Would you state your full name for the

record, please?

A. Lindsay Skelton.

Q. And what is your profession, ma'am?

A. United States probation officer.

Q. How long have you been employed in that

capacity?

A. Approximately four and a half years.

Q. In that capacity, did you have some

responsibility for supervising Sholom Mordechai


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Rubashkin?

A. Yes.

Q. And from approximately when did that

supervision period begin?

A. October 30, 2008.

Q. And then did there come a time when he was

detained?

A. For a brief period of time on a new charge.

Q. All right. And then have you been

supervising Mr. Rubashkin since he was released

from jail in approximately January of 2009 until he

was detained last Thursday?

A. Yes.

Q. And during that period of time, have you

determined or -- that he violated his supervised

release in any way?

A. No.

Q. How frequently would he check in with you?

A. He was required to call me every Monday for a

weekly check-in and any time he needed to ask

permission to travel out of town to see his

attorneys or if something else that he needed came

up. So he was in frequent contact with me, and we

used e-mail and text messages as well.

Q. And then did he have his lawyers make various


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requests of you for travel authorization at times

as well?

A. Yes.

Q. And did you give him extended stays in

Des Moines as he prepared for his case?

A. Yes, and he would provide me with where he

was staying and when, and then we would also track

that on the GPS.

Q. And did he ever ask for permission to travel

out of state?

A. Yes.

Q. And did you ever grant that permission?

A. Yes.

Q. On how many occasions?

A. I believe two.

Q. And do you know what the nature of the travel

request was?

A. For religious prayer services in New York.

Q. And did he return from those trips in a

timely manner?

A. Yes.

Q. And how was his manner of transportation to

New York for those religious purposes?

A. Vehicle.

Q. Would you hazard to guess how many airports


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the vehicle passed on the way from Postville to

New York?

A. I have no idea.

Q. You're generally aware that New York has more

than one international airline?

A. Yes.

Q. And would Mr. Rubashkin check in upon his

return from those two trips to New York?

A. Yes.

Q. And did there come a time when his bracelet,

electronic monitoring device, came loose or was

starting to fall off?

A. Yes. Not during one of the trips to

New York, but, yes, while he was in Postville.

Q. And what did he do to remedy that so there

wasn't any malfunction or appearance that he wasn't

wearing the bracelet?

A. Well, he taped it. And I don't recall if it

was with duct tape or not, but it was taped. And

our system cleared, and then he immediately came

into the office the next day.

Q. Have you had any problems with Mr. Rubashkin

following any of your supervisory rules during the

time period that you have supervised him?

A. No.


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MR. BROWN: No further questions, Your

Honor.

THE COURT: Cross-examination.

MR. DEEGAN: Briefly, Your Honor.

CROSS-EXAMINATION

BY MR. DEEGAN:

Q. Good morning, ma'am.

A. Good morning.

Q. When he took his out-of-state trips, were

those for specific approved purposes?

A. Yes.

Q. And I think you said they were for purposes

of religious practices?

A. It was my understanding it was religious

prayer or something to do with the religious

practices.

Q. All right. Did he have approval to do other

things while he was out of state?

A. No.

Q. All right. So did he ever tell you whether

or not he met with his committee to fund his

defense while he was out in New York?

A. No.

MR. DEEGAN: No further questions, Your

Honor.


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THE COURT: Anything else, Mr. Brown?

MR. BROWN: No, Your Honor. That's fine.

Thank you.

THE COURT: Thank you, Ms. Skelton. You

may step down.

Further evidence?

MR. COOK: Yes, Your Honor. We would

call Sholom Rubashkin.

THE COURT: Mr. Rubashkin, please come

forward.

SHOLOM RUBASHKIN,



THE COURT: Please be seated.

DIRECT EXAMINATION

BY MR. COOK:

Q. Everyone knows who you are, but please state

your name for the record.

A. Sholom Mordechai Rubashkin.

Q. Mr. Rubashkin, let's talk about that period

of time after your indictment until your trial

commenced. What were you doing with yourself in

Postville?

A. You mean from January? After I was released

in January?


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Q. Yes, sir.

A. I -- I basically -- I stayed home, and I went

to the school. And I was either praying myself or

teaching the kids at school, either morning or

night. And then when I was needed to go for

working with my lawyers, I got permission. I went

to -- to work with my lawyers.

Q. And the school that you were working at, tell

us a little bit about that, please.

A. There's the Postville school that has all the

children there. And they come from -- some from

Postville, some from all over the country, to study

there. And it's -- and it seems that I was able to

teach them, and the staff there was very happy with

what I was doing, so actually, I did more and more,

either one-on-one or one-on-ten. I was teaching

them.

Q. And what sort of teaching were you involved

with?

A. The Torah, either the Talmud or Hasidis.

Q. Did you establish a further rapport in

relationship with the students there at the school?

A. Quite a number of students somehow clicked

with me, and, actually, their behavior, what I was

told later from this -- from the -- from the


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principal, that their -- their behavior in school

developed a lot better, and their inclination to

learn got a little better, got more serious. It

seems that I had a pretty good impact on them.

Q. Who's the dean of the school there?

A. There's a Rabbi -- I'm not exactly sure what

a dean is, but Rabbi Gurkov is the older gentleman,

the older Rabbi, and then there's Rabbi Eliyahu

Bensimon, and then the Rabbi Levin.

Q. What other activities were you involved in

from your release in January until your trial?

A. I did a little bit of work on some companies

that I had my name on that were in the bankruptcy,

Nevel and Best Value and Cottonballs. I did a

little bit of that with the court-appointed

trustee, a few hours a week on that or more,

whatever was needed. And basically, that's --

unless you can remind me, I can't remember right

now.

Q. All right. And we've heard the testimony of

your probation officer. Did you get permission to

travel to Des Moines to meet with your lawyers on

numerous occasions?

A. Yeah, whenever -- before I would travel

outside the court-appointed area that I was allowed


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to on bail, I would either call or -- she preferred

texting, so I texted her what my plans would be.

And I waited for a response, and then I followed

directions from her; if I can go, if I can't go, or

what I should do. And in the event that she

wouldn't answer me, I would typically call up Monty

or Adam, my lawyers, to see if they can get ahold

of her and find out before I could leave. And I

kept always very much in touch with where I was

exactly. When I came back to the hotel, I was --

maybe I would text her. Sometimes I texted a

little too much, but she said it was fine.

Q. Did you do your best regarding those

conditions regarding your travel?

A. I think I did a very good job complying with

everything I was told to do.

Q. There's been some mention of some trips you

took outside the state of Iowa. Where did you go?

A. Well, on two occasions I asked permission

through my lawyers to get -- to go to New York to

pray at the rebbe site, and from there, go on to

770, and then go to Borough Park where my parents

were, and then leave about seven, eight o'clock.

And I complied with the time frame. I kept Lindsay

abreast of when I arrived in New York. I was


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very -- very -- you know, they never asked me which

direction I'm going, which road I'm taking, which

highway I'm taking, you know. They just -- I just

went there.

I got to New York. I texted where I was.

I did what I had to do, and then abided again by

everything as I understood it. And then left

New York on approximately a time I said I would

leave, and headed back to Iowa. Actually, I didn't

sleep all night in order to comply with the time

frame. It was a real strenuous trip, you know. I

didn't call in to ask for more time to sleep or

more time to do this, more time to do that. I

stayed within the confines of the time that we

agreed upon, and I left.

Q. How was the travel accomplished from Iowa to

New York and back?

A. I took a car, a van actually. A van -- the

first time, it was a Suburban, a van. I got two or

three drivers with me. First time, I think it was

three drivers. Second time, two drivers. I don't

have a license, so I couldn't drive. And they

switched off every few hours. We slept in the car.

And we got to New York. And when we got to

New York, they slept a little bit more, in the car,


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on the way home. They slept a little bit there.

And we headed back.

Q. And when you were in New York visiting the

sites that you've described, approximately how far

were you from an international airport that would

allow persons to travel outside the United States?

A. I traveled -- I mean, I passed Detroit. I

passed Cincinnati. I mean every single -- I passed

a multitude of airports along the way. We came

into New York, New Jersey. There's an airport in

New Jersey. There's an airport, the JFK, about 4

miles from -- 4 miles away -- whatever, a few miles

from the -- from the Rabbi's place. And LaGuardia

is maybe 20 minutes away.

MR. COOK: May I approach, Your Honor?

THE COURT: Yes.

Q. I want to shift gears for just a moment and

hand you what we've marked in this record as

Exhibit A-2, and direct your attention to the

second page, which is an article appearing in a

Jewish publication regarding this case and your

defense of the case. Do you recognize that

article?

A. Yeah, this is an article I -- that was

printed in the Mishpacha magazine.


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Q. And what is that magazine?

A. If I remember, this is about the largest

Jewish magazine. It has an English -- English

print and it has a Hebrew print in Israel. They

reach a number of -- I don't remember, 1 and half,

2 million. I guess that number must be with

Israeli print also. It's the largest weekly Jewish

paper.

Q. And it's fair to say this is an article

describing the case and your efforts to deal with

the charges against you?

A. Yeah, we stayed away mainly from the -- it

was more -- stayed away from the legal issues.

It's more about me and my family, and how the whole

case was affecting me and my family, how I was

dealing with the issues, what I felt was the --

what was the trigger that started the whole thing.

And we spoke about that and how -- all these

outside forces that came in and basically took

apart a very promising, beautiful community.

Q. What I'm most interested in, sir, is after

this article appeared, did it come to your

attention that the charges against you and the case

that was proceeding became more well-known to

persons within the Jewish community?


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A. For sure. I mean, this started off as

English print, and it took -- it took off like a

very, very -- like wild fire. Everybody was

reading it and talking about it. And then from

there, the next week, they -- I guess as a result

of success in America, they reprinted it, which I

don't know how common that is in the Israeli paper,

and there was another version of the story in

Hebrew.

MR. COOK: Your Honor, we'd offer --

A. So it became very, very well-known throughout

the Jewish world about this story.

MR. COOK: Your Honor, we would offer

Defendant's Exhibit A-2.

MR. DEEGAN: For what it's worth, Your

Honor, no objection.

THE COURT: A-2 is received.

(Whereupon, Exhibit A-2 was received.)


Q. Let's shift gears again and talk about the

financial support you've received for the defense

of your case or cases. How has that been

coordinated?

A. Well, after the raid, after actually -- I --

I was left with basically no resources. Any


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resources that I thought I had was either --

basically, the government took a position that any

resources that I had could not be used by -- by

anybody that could use it in the Agriprocessors's

field, so that left anything that we owned

worthless, so that pushed the trucking company into

bankruptcy. Cottonballs had twelve houses that

didn't grow any chickens. They were hauling

chickens out from the west instead of growing them

closely. And then housing, obviously less people.

That was the bankruptcy. And I never had any CDs

or bank accounts to put money away, and I was

basically left without any money. And fortunately,

between -- and my family, the same way. So

fortunately, the community, who we call the

community, the Jewish people, when seeing my

problems, they -- they got together and -- Rabbi

Hecht and actually Rabbi Lipshitz and a lot of

other people, and started getting people interested

in my story and trying to get legal help, at least

to -- to see from a legal perspective what can be

done to go forward with my case.

Q. All right. And was Rabbi Hecht then the

person who was sort of the leader of this group

assisting you with your case?


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A. Yes.

Q. And briefly, what do you understand that

Rabbi Hecht and his committee did to assist you

with your case?

A. Well, they basically -- well, they took care

of the legal costs, and also, I guess, legal

strategy. I think it was more in their area than

my area, although I was available to my legal team

for what I knew about the case. A lot of

discussions was done with them of how to proceed

and what to do.

Q. I'm most interested in what you know about

the scope of support that you've received that was

coordinated by Rabbi Hecht. What can you tell us

about that?

A. If I can humbly say, it's absolutely

phenomenal, the type of support that I have

experienced throughout this -- throughout this hard

time, because if anybody knows the Jewish

community, it has a lot of different fragments or

parts to it. There's the Hasidic community.

There's the Orthodox community. There's -- in that

itself is a lot of many different parts to it. And

the support has come in from every single part of

Judaism. For example, I'm from the Lubavitch


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Chabad. They are very, very supportive. But you

have from the Yeshiva world a lot of support. You

have from the Sakhmah (phonetic), which is

actually -- used to be a little antagonistic to

Chabad, and they rallied around with support. It's

amazing, the type of support that came across the

whole scope of different Jewish groups, whether it

be in America, whether it be in any other place.

It just -- it's just amazing and quite humbling to

be able to have that support, something I never

knew that I was able to get.

Q. All right. Let's talk about if -- if you

were to be released on bail pending the second

trial and your sentencing on the jury's verdict in

the first trial, what are your intentions with

respect to obligations of bail provisions and

orders of the Court?

A. My intentions would be to follow them to the

very strict letter. I would -- I would basically

stay home. I would maybe -- I hope the Court does

allow me to go back home. I would stay home and

follow all the bail provisions very, very

carefully, as I did before. And I will respect the

terms of the bail. My word is to follow it. And

I'll come to every single court case on time and do


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everything I'm supposed to do.

Q. Now, prior to the jury's verdict and you

being taken into custody, did you wear at all times

a GPS monitoring device?

A. Yes. I have a GPS monitoring device on my

foot, always was there. She never had a problem

with it being charged -- or not charged that I

remember. I always kept it charged. Before the

Jewish holidays when I couldn't answer any phones,

I gave her a number from a neighbor or somebody

that would be able to address it if there was a

problem. There was never a problem. One time

there was a problem, and you can tell by the tape.

I tried very hard to be in touch with the officer

and make sure that everybody understood where I

was. And my only intention is to go through this

process and to use -- utilize any legal defense

that is afforded to me, and to defend myself, and

live with what the court system eventually does.

Q. Now, let's talk about your case where the

jury returned the verdict. You, of course, were

present throughout that trial. Have you had the

opportunity to learn certain legal issues that your

lawyers are pursuing by way of a motion for

directed verdict?


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A. I'm not really clear. I realize there's some

motions in there, and I'm not really -- even though

it looks like I'm following what's going on, I'm

not really following exactly all these things that

are going on. But I do realize there's a good

legal argument to continue my defense, and I'm

hopeful that it will come out with an innocent

verdict.

Q. And you understand as well, while not knowing

the specifics of legal arguments, that upon

sentencing, there would be an appeal of the jury's

verdict?

A. I don't understand that legal stuff, but all

I can say is, I'm here to abide by what the Court

tells me to do and I'm not -- as I did before, I'm

going to do everything I'm told to do and do it

very carefully.

Q. And if there was an appeal of the jury's

verdict following your sentencing, do you have an

understanding as to whether there are significant

legal issues for the Court on appeal to review?

A. Yeah, I understand the -- I understand that

with -- with the ability of an appeal, then there's

a very strong possibility that I can be acquitted

of the charges and actually come out innocent,


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which I really pray I do, because I really feel I

am, and I wouldn't do anything to hurt that.

Q. Now, during the trial, there were a number of

persons who came on a daily basis to the courtroom

from the Jewish world. Who were those people?

A. Most of them I don't even know. Some of them

I do know. Some of them have been friends from

different communities in the states. And they

stopped by for a day to say -- give me support.

Some are relatives. A lot of them are just people

coming in as a support. I -- they came in from

New York, from Chicago, the school from Chicago

came, from Minnesota, from New York. There

wasn't -- they were just there as a support for me.

It wasn't anything other than like a --

understanding the pressure that I'm under, they

came to pick up my spirits. And actually, after

the court, I spent some time studying with them in

the schools.

Q. All right. And I want to follow up then on

the people that came to visit. When you were not

in court, what sort of religious activities or, for

lack of a better word, ministering occurred outside

the courtroom?

A. The first week of court, there's a family,


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the Graham family, in South Dakota, a Jewish

family, they asked, some rabbi, if I could come

over and talk to them. I went over there one

night, and we had a little lesson there, about

forty minutes, and then they started coming over to

the hotel and talking to us. They were kind of

inspired. We had a -- one Saturday, we made a

meal, which twelve people from the community came

over, and we -- Rabbi Feller came from Minnesota,

and it was a real nice meal together, community

meal. And actually there was one woman who passed

away that needed a prayer service, a South Dakotan,

her name is Chaya Mushka. Her brother came from

Chicago and asked us if we can come after court and

make a prayer service, so we went there after court

and we made a prayer service.

Q. What sort of activities occurred every

morning prior to court with you and other persons

who came to witness your trial?

A. Well, I had to be in court by eight o'clock,

and I have to get up about 4:35 and say some psalms

and prayers. And the official prayer started

somewhere about a quarter to seven, seven,

depending on sunrise. Actually, 7 -- it starts

7:50, 7:40, depending on the time. And then


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there's a rush to court to be on time. I tried

hard.

Q. And describe for us, then, what would occur

at this prayer service and who was present prior to

the court each day?

A. We -- for Jewish prayer every single morning,

we put on our tallits and tefillin. And then there

was about 45 minutes to an hour of praying. And

then sometimes -- Mondays and Thursdays you read

from the Torah scroll, and part of it can be done

before sunrise, and a big part of it has to be done

after sunrise. So we did that. And it has to be

done with ten people, ten men. Typically, we had

twenty, thirty people, and sometimes ten. And then

we started our day in court.

Q. I don't want to go too far into this, but

with respect to your religious obligations and

followings, what does your faith teach you about

compliance with court orders and orders regarding

appearance in court?

A. It says that -- that -- dina de-malkhuta

dina, the law of the land is the law of the land.

And by virtue of religion, actually, I have to

comply with the court order to stay here. I never

had any intentions to do anything other than that.


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I -- I just -- this is very, very phenomenal,

amazing, how people can misconstrue, somebody who

has been very, very careful to follow the court's

orders and stay and go through the system. And

whatever -- whatever verdict comes out, comes out.

And I'm man enough to do that. I think everybody

sees that. I never ran away from anything in my

life. And I'm here to say again, I'm here to stay,

go through the court system, and comply with any

bail proceedings the Court tells me, simply on my

word and on the word of everybody that knows me.

Now a lot of people know me. I will never, never

tarnish that. I will never hurt that.

Q. One moment, Your Honor. All right. Now, on

the subject of your court appearances, you

understand that you have a second trial that's set

for December 2, 2009, where a number of charges

regarding immigration offenses will be litigated?

A. Yeah. You said December 2?

Q. December 2.

A. I know sometime in December I'm supposed to

start the second trial, yeah.

Q. And you understand that there's also pending

a state case in the state courts in Iowa, which is

sometime later after the immigration trial?


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A. Yes, I understand all that.

Q. I want to shift gears again. You, of course,

are a married man, father of ten?

A. Yes.

Q. And --

A. I have grandchildren too.

Q. And you have a son with special needs, Moshe?

A. Yes, I do.

Q. And tell us about your relationship with him.

A. Well, Moshe is my seventh son, and we -- we

got -- we got -- we got -- we saw that something

was wrong about three or four years into it, and we

are quite an accepting family to begin with, so we

didn't realize something was really wrong. And

when we realized something was wrong, we got a name

called The Options Institute, which is the Autism

Center of America. And Leah and I, my wife and I,

both are very, very involved in getting him as much

as possible out of his autism. And the way you do

that -- there's no magic pill that's done.

Actually, we went to Massachusetts. We -- we got a

week -- a week at a time, a course in how to deal

with it, how to play with him. And there's a thing

called a playroom. You actually spend time with

him in the room at his speed and try to get him to


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understand that there's a world out there and how

to comply with the world. And I would come home

every single day, religiously, and spend at least

an hour eating supper with him.

For whatever reason, they saw that Moshe

was very inspired. In other words -- it goes by a

reward. When the kid sees that it does something

and he -- when he does something and somebody likes

it, he wants to do it again. Somehow with me and

him, there was a special relationship, where I

would show him that I was very happy with him

counting to two or three or learning A, B, C, or

whatever, he would try again harder. And so

suddenly it became another thing I had to do, with

love, but I spent a lot of time with him in the

room coaching him and pulling him out. You talk

about a boy who didn't speak a word from six years

old -- six years old, so he starts talking a little

bit now and is quite sociable. So there's

something in there between me and him that -- that

is -- that just -- he reacts to it. If I show him

excitement for what he did, he will try to do it

again. And that's the whole thing, is to keep on

showing it. And an autistic kid does not feel any

pain when he is in his closed world. He is quite


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happy where he is. So the idea is to show him, you

know, you are happy where you are, but there's

somebody else out here, come build a bridge, and

bring him out to you. And you do that by showing

him there's a fun world out there. And I used to

play with him, roll with him and play with him.

And we developed a very, very strong bond, way

beyond the father-and-son bond. It's really tight.

Q. And that's -- that's a bond that you consider

very important?

A. Oh, yeah, yeah, very strongly so. He's a

beautiful kid.

Q. And would you throw that all away by fleeing

the jurisdiction of the Court?

A. I am not fleeing anywhere. I'm not throwing

nothing away. This is -- I'm staying right here.

Q. And you and your family have lived in

Postville for fifteen-plus years; is that right?

A. We came to Minnesota, the midwest, I think it

was '90, '91 somewhere, so -- and '93 is when we

moved down, so figure it out. It's close to

seventeen, eighteen years. I was very active in

developing -- in developing the community. I have

a lot of friends over there. Until today, people

are very supportive, Jews and non-Jews alike. This


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is my home, and -- and I will not do anything that

would hurt that.

THE COURT: We have a little bit of an

echo in here. I don't know why.

Q. Let's -- let's move on to another topic at

this point in time. There was testimony at the

trial regarding Shlomo ben Chaim, who worked in

conjunction with Agriprocessors and then eventually

left his position at Agriprocessors and returned to

Israel. What do you know about that?

A. Shlomo ben Chaim was a Rabbi who worked at

Agriprocessors, and I feel it will become -- became

a lot clearer when the Rabbi testified. He was not

only a Rabbi working on the line, but he was a

little bit of an entrepreneur, and he had bought

property, and he tried this and that, and he was

always -- and when the Rabbi wanted us to get

this -- to get this -- this rabbinical payroll,

which was supposed to be capped out by a number

that they needed to clean the plant, so it was

never intended to do anything other than that, he

was put in charge because he went to Decorah and he

learned how to identify these IDs. And I don't

know if it came out in the trial. There was not

only pink IDs there. There was plenty of white IDs


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there. And he was supposed to give us a work staff

for us, about 50 or 60 people, which was needed

over the weekend, and that's why it got capped out.

I think the 86 number that was talked about was

because of turnover. I don't think there was ever

anybody hired more than 50, as far as I know, more

than 50 about, which was the cap on that payroll.

And he took care of that, and he was paid for that.

And after the raid, because the beef kill went

down, he basically lost his job, and he left, as

did many other rabbis leave in that period of time.

I mean, the workforce shrunk very, very rapidly

right after the raid.

Q. What involvement, if any, did you have

regarding his travel from Postville elsewhere?

A. I don't recall any -- any involvement at all.

I mean, let me explain -- let me explain something.

My -- my credit cards, personal credit cards, were

used by the company to buy whether it be tickets,

sometimes there was a credit hold for paper goods

or whatever, and emergency stuff, so I had American

Express, I had Citibank, I had Chase. My American

Express and my Diners Club were both sitting in a

travel company in -- in Borough Park, by Kupczyk

Travel, Borough Park Travel. And the system was


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that they -- he would -- the rabbi would call the

rabbi, or the rabbi would call maybe Heshy, or the

rabbi would call -- whoever needed the ticket

called actually Chaim Abrahams, would get

permission to book a ticket and book a ticket and

go. I didn't know who was being approved over the

airline tickets. I definitely didn't have the

peace of mind after the raid to go through the

hundreds of pages that came in from the American

Express, or whatever, and see whose name was on

there. I think I gave you a letter from the rabbi

stating that it was -- it was a -- quite a business

practice in Agriprocessors that when the rabbi came

to work at Agri, whether it be for a year or a few

years, Agri paid for the -- for the -- for the trip

to come. And then he had this credit, and when he

left, all he had to do was call up, "I want to

leave," and he'd leave and buy a ticket. And that

was like -- there was no special permission or no,

you know, do we do it or don't do it. That was

part of his package, and that's, I guess, what

happened. He must have called the travel agent

himself, picked up a ticket, and left. And people

are coming and going, and I was anyways in a

terrible state of mind. It didn't appear anything


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to me, anything out of the ordinary. And I was

quite surprised when I was on the stand last time.

They said I paid for it. I didn't know that

happened.

Q. Now, you mentioned that he left because his

position had been eliminated due to the beef kill

no longer occurring. Was there other rabbis that

left around that time as well?

A. I don't remember names, but a lot of -- a lot

of rabbis left after that time. The -- we had --

we had a two-shift kill on the chicken side, and

that two shifts was immediately down to one, and so

you had at least -- I'm going from memory now, and

I know I'm under oath, so I'm going to use the word

"approximately." The second shift, we must have

lost approximately ten to fourteen rabbis on the

chicken side. The beef side wasn't working at all,

and there was eight rabbis there, so -- and people

were coming and going. And at that point in time,

I had no -- I had no idea what was going on

anyways. And I want to make it clear, that this --

this card, you said it was charged on my card, this

number was sitting by the travel agent, and it was

ready there to book. And actually Wendy took care

of -- of approving or paying for it or whatever.


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Wendy was the one that took care of that. At

times, I would ask him to e-mail me who was buying,

just if I'd get interested in what was going on,

but at this particular point in time, I had no -- I

had no interest in what was going on. Things were

flying around faster than my mind can take. So I

really don't know. I had nothing to do with him

wanting to leave the country, and I would not -- I

would not have done anything ordinary [sic] to get

him out of the country, as I didn't do with anybody

else.

Q. Let's talk about that. There's been some

suggestion that you had involvement in Hosam Amara

leaving the jurisdiction. What involvement, if

any, did you have with his departure from the

United States?

A. I had no involvement with him leaving the

United States. He did ask me for some money

beforehand. There's actually a check before. If

you look through all the documents, that's

something that -- it was about a month before then,

Toby signs a check to Hosam Amara for $4,500 or

$4,000. And that wasn't brought up in the court

case either. I don't know why. He told me that he

had an issue with his wife, was having a breakdown,


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this, that, and the other. And I'm a softy. I'm a

sucker for people coming to ask me for help.

That's true. He didn't need my money to get a

ticket, and I would never give him money to leave.

Actually, after the raid, I had very little to do

with anybody. I was a target. And I was told by

my lawyers stay away from people, we're targets,

and that's what I did.

Q. Now, we have a notebook here with many

letters of support and e-mails of support. I know

you have not had the opportunity to review those

letters, but do you understand that a considerable

number of people have expressed their support for

you to the Court, that you will not flee the

jurisdiction?

A. I understand a considerable number. I was

given a number last night, maybe 600, 700 people,

maybe a thou -- yeah, I know there's a considerable

number of people have taken on that -- that

testimony. And again, if I can just say, I would

never hurt these people and violate their trust in

me by doing something like -- stupid like that.

Q. And do you understand that a number of people

have also pledged the equity in their homes as

additional bail to ensure your appearance?


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A. Again, I'm very humbled. I'm a person that

basically all my life am used to giving, but at

this point I'm being offered things. And again, I

would never hurt anybody. I would never put in

jeopardy anybody's house or anything. And people

that -- the mere notion that a person would give

their home is a tremendous act of trust, and I

would never violate that by -- by -- what you

say -- fleeing. It doesn't even enter my mind.

Q. And do you also understand that a number of

rabbis have offered to the Court as additional

security for your appearance the Torah scrolls for

their synagogues?

A. That's an amazing thing, because the Torah

scrolls typically are not to be used for anything

other than learning or for redeeming of a captive.

I guess that falls into this -- into this -- into

this situation that I'm in right now. And -- and I

understand, I would never jeopardize that either.

Like I said, all I want to do is I want to go home

and abide by what the law or the Court tells me to

do. And I will make every appearance. And

whatever verdict comes out, whatever sentence comes

out, that's what I have to live with. And that's

actually a religious law that I have to follow too


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right now.

Q. Now, I want to roll back before January. Did

you ever have any plans to flee the jurisdiction

and not face the charges that were pending against

you?

A. You know, a person's mind is something which

is sometimes at high speed, but I never ran away

from a fight. It would be terrible disgrace and

cowardice for me to leave. I never did anything --

I mean, even in the heighth, when I had all the

resources around me, I never contemplated that. I

have to stay where I am, and I have to address the

law. If I made a mistake, I made a mistake, but

you can't compound the mistake one on the other, so

I did not ever want to leave. I even said -- when

I was first picked up by Mike Fischels in his car,

I said to him that I want to say my side of the

story. And we had a talk about it, because he

mentioned me coming back from Canada. And I -- to

me, that's the biggest proof that I'm not going

anywhere. I was in Canada, and I came back

because, I said, I have nothing to run away from.

I'll tell you my side of the story, and whatever --

whatever the court system or the justice system

does at the end will be what happens.


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MR. COOK: Thank you, Your Honor. No

further questions at this time.

THE COURT: Thank you.

Cross-examination, Mr. Deegan.

MR. DEEGAN: Thank you, Your Honor.

CROSS-EXAMINATION

BY MR. DEEGAN:

Q. Sir, I want to talk about this matter with

Sholom -- is it Shlomo ben Chaim?

A. I know him as Shlomo.

Q. I believe your testimony was just now that he

was trained in how to identify identifications; is

that correct?

A. That's how he presented himself to me and to

the rabbi.

Q. And that these people that were put on the

Hunt payroll in 2007, that was for religious

reasons. Is that what your testimony is here

today?

A. That was always my testimony. Rabbi Cohen

attested to that.

Q. And just to be clear, sir. We're talking

about the people that were placed on the Hunt

payroll full-time in the fall of 2007?

A. I think Rabbi Cohen explained it, because he


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was involved, that he wanted to have a separate

payroll full-time. That's his testimony. Not my

testimony.

Q. Well, sir, you know what, let's get to your

testimony.

A. Okay.

Q. I want to know -- I want you to tell the

Court --

A. Yes.

Q. -- that the Hunt payroll in the fall of 2007

was for religious reasons and didn't have anything

to do with hiring undocumented aliens?

A. So how do you want me to say that? I want to

say the Hunt payroll in 2007 was for religious

reasons.

Q. But it's true, sir, that you knew these folks

were coming in with IDs that Elizabeth Billmeyer

would not accept, isn't that true?

A. That's not true, because Laura took care of

the Hunt payroll, and Elizabeth did not take care

of that. I did not see these IDs. I was not

trained for the IDs. I never signed it. I don't

know -- I don't know how to decipher it. And it

was done for religious reasons.

Q. And, sir, you were the one who asked Laura


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Althouse to put those people on the Hunt payroll,

isn't that correct?

A. And I asked Laura to open up the Hunt

payroll, up to 50 people, to accommodate what Rabbi

Cohen requested as far as religious reasons.

Q. But just so we're clear, in the fall of 2007,

okay, these folks that were put on the Hunt payroll

full-time, that was at your request, wasn't it?

A. I -- at my request, following my rabbinical

request from -- I was following Rabbi Cohen's

request to get it done, so I jumped and I did it

like an idiot. But I did it, yeah.

Q. And you know those people were put on the

Hunt payroll full-time, for all the hours that they

worked all week long, correct?

A. That's -- that's correct. Rabbi Cohen

testified that's exactly -- religiously, that's

exactly how it's supposed to be.

Q. And you just told the judge that your

understanding was it was going to be for weekend

workers, didn't you?

A. I did not say that.

Q. Wasn't your testimony that it was for 50 or

60 people to work over the weekend? You just --

you just testified to that, sir?


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A. Sir -- sir, the -- I recall explaining, if

you hire somebody just for the weekend -- the

target is for the weekend work, but if you just do

it for the weekend work, it looks like you are --

I'm not a rabbi here to explain this to you. Rabbi

Cohen did that. It's -- it's preferred not to

specifically only work on the weekend but to have a

worker for the whole week, which is also targeted

to work for the weekend.

Q. Sir, you knew these people were put on the

Hunt payroll after hours so that Elizabeth

Billmeyer wouldn't know, isn't that correct?

A. Well, this is -- this is a plant. They're in

the same office. This concept of Elizabeth not

knowing is a wild concept. I mean --

Q. So is it your testimony --

MR. COOK: Just a moment. I'm sorry,

Your Honor. I object. The witness has not been

allowed to answer the question.

MR. DEEGAN: It's not entirely

responsive, Your Honor. I'm trying to get to the

bottom line here. I don't want to drag this out.

THE COURT: All right. Mr. Rubashkin, do

you want to finish your answer?

THE WITNESS: I don't know what the


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question was.

THE COURT: Okay.

MR. DEEGAN: I'll ask another question,

Your Honor.

Q. Sir, you knew that -- you asked that this be

done without Elizabeth Billmeyer's knowledge, isn't

that correct?

A. Not correct, not that I -- no, not correct.

Q. So when Laura Althouse testified at trial

that that's what happened, she's not telling the

truth. Is that what you're saying?

A. I don't know what Laura --

MR. COOK: Your Honor, I object to that.

It's an improper question.

THE COURT: This is -- the Rules of

Evidence don't apply in a detention hearing. I'll

let the witness answer if he knows.

MR. COOK: Thank you.

A. I don't know what Laura testified and what

she said and why she said what she said. It's

physically impossible to have that process going

without Elizabeth knowing. So that should be a

question to Laura, not to me.

Q. Sir, you sat there and you heard her

testimony, correct?


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A. What should I do? Jump up and down and

scream "Lie"?

Q. I'm asking you about her testimony. Was that

correct testimony or wasn't it?

A. Again, that's a question you have to ask her.

All I can tell you is, it's physically impossible

to do that type of thing without Elizabeth knowing.

It's just physically impossible.

Q. Now, let's talk about Shlomo ben Chaim

leaving the country. Well, you certainly knew that

he was going to leave, didn't you?

A. A lot of rabbis were leaving.

Q. Sir, you knew that Rabbi Shlomo ben Chaim,

shortly after the raid, that he was going to leave?

A. No. If you want to know exactly what I knew,

I think it was a Saturday, in the synagogue, I

think -- I don't know what day of the week he left.

I think it was a Saturday, he came over to me and

said "Good-Bye."

Q. Okay. And, sir, you said that it was Wendy

who actually took care of the travel?

A. Not -- in other words, when the tickets

got -- when the bill came in -- when the bill came

in, she would then collate it all together and find

out what's rabbinical and what's managerial. The


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account was in Kupczyk Travel. She would identify

which -- which cost it would be for.

Q. And, sir, Wendy Torson, that's who you're

talking about?

A. Wendy Torson, yes.

Q. Yeah. She's actually -- she functioned as

your secretary at Agriprocessors, isn't that

correct?

A. That's a misnomer.

Q. Well, what was her job?

A. She was -- she did that for everybody. When

Toby needed something, she did it. When Mitch

needed something, she did it. I -- when I needed

something, I asked her to do it. She wasn't my

secretary in that sense.

Q. All right. And you just testified on direct

that the rabbis would call either Heshy or possibly

Chaim to make their travel arrangements. Was that

your testimony?

A. Chaim Abrahams was in purchasing, and I think

he took care of the tickets directly.

Q. Bottom line though, sir, you know that those

tickets were purchased on your credit card, right?

A. My credit card was a number. You know that

if you gave your number into an office, it's public


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property suddenly, and I cannot be held accountable

for what happens on that -- on that card. I think

it's very wrong to think that I should be held

accountable for what's happened with that card when

I didn't actually take the card out of my pocket

and give it to him to charge.

Q. Prior to him leaving, you had an arrangement

where you were going to take over his properties,

isn't that correct?

A. That's not prior to him leaving. If you want

to go through that story, you can go through the

whole story.

Q. Sir, I just want to know whether that's true

or not.

A. This -- there was in the -- there was --

we -- we -- unlike how it was written in the

papers, Nevel Properties was involved with the

properties in Postville in order to keep the rent

down for -- for the workers, for the people in --

mainly working at Agri. And there's another guy

called Gidon, who you know very well, he came into

town, and he tried to monopolize by buying out,

what's his name, Kermit Miller, and many other

properties. In -- in a brief, short period of time

of about a year-and-a-half, two years, he suddenly


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shot up from no housing at all in Postville and he

suddenly owned over 120 units, and it was no secret

that he was looking to monopolize in order to raise

the rents. And in your search warrant that you

gave me, it talked about $600. It was definitely

not Nevel because we never charged that rent. It

was actually Gidon.

Q. All right. Sir --

A. And then this rabbi was looking to -- way

before the raid, way before the raid, he had bought

a few pieces of property he didn't want anymore,

and he told me maybe he'd sell it to Gidon or sell

it to me. And at that point in time -- you can

call Mike Kruckenberg from the Freedom Bank. And

we made an arrangement where he would, instead of

selling it to Gidon, he would sell it to Nevel and

not increase Gidon's leverage on the real estate in

Postville.

Q. All right. Sir, the question I just asked

you, not the last one, but the one before that was,

isn't it true that you had an arrangement with

Shlomo ben Chaim to take over his properties before

he left, and your answer was, "No." Now, did you

just change your answer to say that you did have an

arrangement to take over his properties?


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A. There was an agreement I think way before --

I'm trying to recall -- you're hitting me with a

lot of questions -- exactly which date it was.

There was nothing really official, but I think

there was an agreement way before Passover on that.

I really don't have a recollection of when it was.

Q. All right. Well, maybe this will help --

A. It's not tied to him leaving. Definitely

not.

Q. Sir, after the raid, isn't it true that you

actually took over Shlomo ben Chaim's properties?

A. Not me. Nevel Properties did.

Q. Fair enough. But you own Nevel Properties?

A. No, I don't. My brother Heshy has 50 percent

ownership.

Q. You own 50 percent, is that correct?

A. I own 50 percent of it.

Q. All right.

A. So Heshy Rubashkin was part of that. It was

a deal discussed with Mike Kruckenberg in the

Freedom Bank, and --

Q. And that was discussed by Shlomo ben Chaim

before he left the country, correct?

A. Way before.

Q. It was after the raid?


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A. It was before the raid. I'm trying to

explain to you, this agreement that was done was

way, way before any trouble started. So even if --

Q. Sir, you testified on direct that you believe

there's a very strong possibility that you could

turn out to be innocent; is that correct?

A. I'm a positive person, a positive thinker,

and as long as there's hope that I can be innocent,

I'll hold on to that hope, won't give it up.

Q. All right. And I believe you said you didn't

feel like you did anything wrong; is that correct?

A. I feel that, you know, I made mistakes. I

don't think anything was criminal. If the Court

finds differently, then -- and I have to get

punishment, I'm -- I'm willing to take it. I'm not

running away from anything.

Q. Sir, just to get to it here, you're still

hoping to avoid going to prison, correct?

A. Huh?

Q. You're still hoping to avoid going to prison,

isn't that correct?

A. I am asking what every American is asking

for, which is to have the right to go to a court,

to explain what happened, with all the details of

the law, and accept what the law says as an


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American citizen, and live with it. If it means

punishment by prison, then that -- I'll have to go

to prison. If it's means that I'm acquitted, I

will be free. But there's no running away.

Q. Now, you also testified on direct that you

would follow all the bail conditions "as I did

before." Do you remember saying that?

A. Correct.

Q. And you also said, "As I did before, I'm

going to do everything I'm told to do," isn't that

correct?

A. Correct.

Q. Truth is, sir, you committed bank fraud while

you were on release, isn't that correct?

A. How's that?

Q. Isn't it true, sir, that you committed bank

fraud during your first period of pretrial release,

isn't that correct?

A. You want to go through the whole court case

again now? I don't understand what you're trying

to do.

Q. I'm talking about your testimony here today,

that you did nothing wrong while you were on

release and you did everything you were supposed to

do. You knew you weren't supposed to break the


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law, isn't that correct?

A. Do you want to be specific?

Q. Sure. The first time you were released,

let's say early November of 2008 --

A. Yes.

Q. -- the truth is, you committed bank fraud

while you were on pretrial release, sir, isn't that

correct?

A. Without saying, "sir, isn't that correct,"

can you be specific? Because I have no idea what

you're talking about.

Q. Sir, when you were -- when you were on

pretrial release, you asked April Hamilton for a

thumb drive that had a second set of books on it,

correct?

A. You know, we went through that already when I

was on the same testimony in Sioux Falls, and you

got the facts wrong.

Q. I'm asking you now, sir.

A. That thumb drive -- you can go back to the

record and you can look at what I said.

Q. I'm not interested in going back to the

record. I'm interested in your testimony here

today.

Sir, isn't it true that while you were on


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pretrial release you got a thumb drive from April

Hamilton?

A. My recollection was that the thumb drive

story was before I was arrested.

Q. Sir, that thumb drive had on it records

showing diverted customer payments, isn't that

correct?

A. The thumb drive story was before I was

arrested. And according to April Hamilton's

testimony, she doesn't even understand what the

importance of the thumb drive is, and I didn't

either.

Q. I'm going to lay down some -- I'm going to

ask you to follow this assumption when I ask you a

question. I'm asking for your testimony. I'm not

asking for your description of someone else's

testimony. Is that fair, sir?

A. You're describing something that I heard the

person describe that was something totally

different, then I'm at a loss as to how to respond

to your question.

Q. How about just the truth, sir?

A. Can the truth work both ways, like I say the

truth and you say the truth?

Q. Sir, isn't it true that that thumb drive that


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you got from April Hamilton had on it evidence of

customer payments being diverted?

A. On the thumb drive, I don't know -- there's a

whole argument of what's called "diverted" and what

exactly the legal context of it all, but there was

some information about customer checks.

Q. And it was customer checks that you asked

April Hamilton to not deposit at Decorah Bank &

Trust but to deposit someplace else, isn't that

correct?

A. At the direction of Toby and Mitchell.

Q. Okay. Fine, but the -- and I understand that

you blame this on Toby, but the truth is, you were

the one who asked her to do it, isn't that correct?

A. I asked her to put together the amount that

Toby requested that he needed.

Q. Now, at the same time, you also gathered from

April Hamilton copies of checks that had been

diverted, isn't that correct?

A. I don't -- like I testified, there's a file,

I left it on Toby's desk. And even that microchip

you're talking about, it was put -- it was left in

Toby's office in his hat.

Q. So your testimony here -- is here today that

you got that stuff from April Hamilton and then you


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left it all with Toby. Is that your testimony?

A. I left it on his desk, yeah.

Q. All right. So that's where it would have --

that's the last time you saw it, was when you took

it from April Hamilton and you gave it to Toby?

A. I didn't give it to Toby personally. She

told me to put it in the hat. That's where she put

it every night.

Q. Why did you leave that stuff for Toby

Bensasson?

A. I had no use for it.

Q. Why did you get it from April Hamilton in the

first place if you had no use for it?

A. Because I wanted to give -- see what -- if I

can figure out what -- what numbers we're talking

about. I never really understood all the numbers.

I tried to decipher it, and I couldn't, so I put it

down.

Q. All right. Where's the thumb drive and the

copies of the checks today, sir?

A. I bet you you have it.

Q. Do you know where they are?

A. I bet you you have it.

Q. All right. Sir, do you know where they are?

A. I don't know.


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Q. Now, around the same time you went to Darlis

Hendry's files and you got the bills of lading and

the fake invoices, and you took those as well,

isn't that true?

A. You know -- you know, there's a lot of

people -- a lot of people. A few people that pled

guilty to this thing. Why are you assuming that I

took it?

Q. Sir, you were in the courtroom when Darlis

Hendry testified that she had a conversation with

you where you told her you took them, right? You

heard that testimony?

A. I don't recall that testimony. I read it on

her thing, but I don't recall me saying that. Let

me say something. You guys put me out there for

the first five months as the only target that you

were interested in. And it was very obvious to

anybody that as long as you say "Sholom," they're

off the hook --

Q. Sir, isn't it true --

A. -- and I believe that that's --

Q. Isn't it true --

A. -- basically the result of all this stuff,

because there's no reason for me to take that file,

nothing in that file that means anything, that I


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understand. And -- and -- and if -- you know, I

was listening to the testimony: It was in a locked

drawer, it wasn't in a locked drawer, moved here,

moved there. I mean, until today, I have no idea

of what you're talking.

Q. That's exactly what I want to know. Did you

take the invoices? Did you, sir --

A. I did not take the invoices, no.

Q. So when Darlis Hendry says that you told her

that you took the invoices, she's not telling the

truth?

A. Again, it goes back to, I don't know what she

said and why she said it, and -- and for all I

know, Toby may have gone and got it, Mitch could

have gone and got it. She could have brought it to

Toby at Toby's request. There's multiple things

that are going on, and to lay everything on me is

quite ridiculous.

Q. Sir, if I've got it wrong, tell me if I've

got it wrong.

A. You got it wrong.

Q. You didn't take the invoices that Darlis

Hendry made at your request? You didn't take

those, right?

A. No.


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Q. Okay. So, sir, do you know where they are

now?

A. You have it.

Q. Talking about the hard copy invoices --

A. Yeah, I bet you -- I bet you when the FBI

came in and ransacked the place, I bet it's part of

your boxes sitting there. You guys pulled out an

18-foot truck full of papers and documents and who

knows what. Twice maybe. Once by the ICE raid you

took out an 18-footer out of there, whole file

cabinets, and then you took it out again in

November.

Q. Sir, when you testified at trial, you didn't

give truthful testimony, did you?

A. Do you want me to respond to something like

that?

Q. Yes, I do.

A. I'm not going to respond to that.

Q. Sir, your credibility on the stand here is at

issue. I'm asking whether you lied under oath at

trial.

A. I think you're lying under -- under

cross-examination.

Q. Sir, do you have an answer?

A. Unless the Court makes me answer, I'm not


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going to answer that.

MR. DEEGAN: Your Honor, could the

witness be directed to answer whether he lied under

oath at trial?

THE COURT: I'm not going to require him

to state that.

Q. Sir, when you testified, you said that you

didn't ask anybody to make bills of lading, isn't

that correct?

A. Correct.

Q. And the truth is, that you did have those

made so that it looked like those invoices

represented real shipments, correct?

A. There was -- there was real shipments in the

bill and hold category, and this is such a broad --

everybody shooting around here, guns over here,

there's such a broad area, that there could have

been bills of lading made, not at my request as

should have been made if product's being released

out of a freezer, if a guy orders.

Q. Sir, I understand --

A. Nothing wrong with a bill of lading being

made.

Q. If I understand your testimony, you're saying

that if bills of lading were made, there's probably


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a good explanation for it? Is that what you're

telling us?

A. I would imagine so, yes.

Q. All right. But the question is, did you ask

anyone to make bills of lading for those invoices?

A. There's no reason for it, no.

Q. Okay. So you didn't do that?

A. No.

Q. Okay. Did you ask anybody to forge truck

drivers' signatures --

A. No.

Q. -- on the bills of lading? All right. Now,

you also testified at trial, sir, that -- well,

again, you were the one who asked April Hamilton to

pull the checks from the Decorah deposit, correct?

A. I explained to you before, that this was

done -- I guess I was the messenger boy, the one

that thought it was okay. And Toby asked me to get

that amount of money. I went to April and got it

from her, yeah.

Q. And it's your testimony that you didn't know

that that was wrong?

A. We paid it all back.

Q. But at the time you did it, you didn't know

it was wrong to do that?


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A. No.

Q. You didn't know the bank would care?

A. No.

Q. Is that a, yes, you --

A. That's -- the bank would not care, and they

did not care for years.

Q. All right. But you asked April Hamilton to

put round-up checks with those deposits so they

were all an even amount, isn't that correct?

A. You know, you have a check there from Mitch

Meltzer himself.

Q. Sir, I'm asking you --

A. No, I tell you that as a fact, and he gave

that check to round up the number, and you're

blaming the rounding on me again. I'm trying to

explain to you that the rounding was something that

Toby, himself, said on the stand, if I remember

correctly, he likes round numbers, and -- and why

again blame me? I told April to round up numbers.

Mitch told April to round up numbers.

Q. Sir, did you ask April Hamilton to add any

round-up checks to those deposits? Did "you."

A. As -- as, yes, yes, as -- as I was told by

Mitch to do when I had an extra check from --

whether it be from New York or from Florida or from


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a loan or something, I would -- I would follow the

procedure that was laid out for me to do.

Q. And what was that procedure?

A. To tie out to a round number so that it's

easy for them to book it.

Q. And you're talking about the checks that

were -- the customer checks that were diverted into

the wrong account, you were told to tie out to a

round number with an extra check, correct?

A. I don't want to call it diverted because it's

a legal language, but it's a customer check that

were deposited in the company account to cover

company expenses. It was not done for any personal

reasons, to cover -- to make sure the business

would have money to pay its debt. I was -- I

was -- I did give a number of checks to do that,

correct. And when I didn't have one, I asked

Mitchell and he gave me one.

Q. And, sir, that was done with regard to nearly

every one of those deposits for two years going

back to the fall of '07, correct?

A. It could be. Not necessarily. There's

plenty -- you know, there's plenty of wires.

There's plenty of wires and ACHs that came into

that account that were odd.


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Q. I'm talking about -- I'm talking --

A. Let me answer that. That's -- it's not

giving the whole picture when you say all the

deposits. There was ACHs that came in from

VanHoven that were odd. Sarah Lee used to send in

ACHs that were odd. Twin City Hides used

to round -- Twin City Hides, I think, was a flat

number. So it's interesting we're having the

discussion here and not in front of the jury.

That's interesting.

Q. Sir, here's what I want to get to though. It

was you that asked that those round-up checks be

added to those deposits, isn't that correct?

A. And when I was not at Agriprocessors, which

was many times, many times, Toby took care of it,

not me.

Q. All right. But, sir, it was you that asked

April Hamilton to do that?

A. At time -- let me put it this way. The times

that I did it, I did it. The times that Toby did

it, he did it. The times that Mitchell did it,

Mitchell did it.

Q. And, sir, when C.J. Williams asked you in

front of the jury at trial whether you had anything

to do with those round-up checks, you said "No,"


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isn't that correct?

A. You're taking it out of context. I remember

answering, yes, I did it at the direction from

Toby, and I -- and I recall talking about Mitchell.

I mean, if you want to -- I recall giving the exact

same testimony.

Q. Sir, the reason that you said "no" in front

of the jury is because you knew the round-up checks

meant there was intent to defraud, correct?

A. No.

Q. And you were trying to get --

A. That's not what happened. There you go. I

mean, you -- you're just shooting statements to get

it on the record as if it's a statement, but it's

not. It's not factual. If you were under oath,

you couldn't say what you're saying now.

Q. Sir, when you get -- let's go back to Shlomo

ben Chaim. You were the one who got those Hunt

I-9s from Laura Althouse around the time of the

raid, correct?

A. It was before. It was before. And ben Chaim

asked me to get it. I'm in an office. Is it that

terrible, for me to go and ask Laura? I asked her,

"Do you have copies for me?" She says, "Yes." "Is

there a problem?" She says, "No." I mean, there's


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a file to see what happened there. That -- that --

that process was stopped somewhere in March,

because, if I can say it now, because I spoke to

Jay Eaton about it, and he recommended -- as we're

going through our whole process, I went to Jay

Eaton about that issue, and he said that's not a

good idea, and I spoke to the rabbi that -- I don't

know if the jury really understood the fact that

the Hunt thing was stopped way before the raid,

about two months before the raid, before anything,

just on my -- on my own volition, I decided -- we

decided it's not -- it's not going to work. And at

a certain point, I think I have the ability to go

to Laura and ask her, "Let me see the file." I

asked her if she has a copy for me. She says, yes,

there's a copy by Mrs. Hunt, and I think I gave it

to Shlomo, or whatever, and -- and it -- and it

could still be in my office, you know, in Agri.

There's nothing wrong with that file.

Q. All right. Well, I guess that's what I want

to know. Your testimony is that you think you got

it from Laura. You know you got it from Laura?

A. I got it from Laura, yeah. I got it from

Laura.

Q. Not anybody else. You got that file of I-9s?


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A. Yeah. Yes, I did.

Q. And what did you do with it?

A. She assured me -- I think it's in my office

in Agri. Again, I bet you you guys walked in with

all those boxes and took things out. I bet you

it's in there. Again, I could have called Laura to

get copies of some of this stuff, so now you're

making a thing about copies in Pennsylvania?

Q. And you got those things from Laura Althouse

because you didn't want them to be used as evidence

against you, isn't that correct?

A. If there's an original sitting in

Pennsylvania, how can you even say something like

that?

Q. Is that correct or isn't that correct?

A. No. In the course of a day, I'm allowed to

talk to Laura, I'm allowed to look at files, and --

and things are moving around.

Q. Now, you knew that Doheny and Western paid

off of Agri statements, isn't that correct?

A. I think the evidence that your FBI people got

from Doheny, and -- and -- and, you know, it

started out with an even number, that the City

Glatt owes no money. Using their Lotus

spreadsheets, I'm -- I'm actually more confused


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today than I was before about all these numbers.

Q. But -- and here's my question though, sir.

You knew that those companies paid off of

statements that were generated by Agriprocessors.

You knew that, isn't that correct?

A. I -- I don't know. I mean, I recall making

invoices. I was told that he doesn't want to --

there's an issue there called credits. Credits

were unforthcoming from Heshy and whoever was

giving credits at that point in time. The girls

wanted to get money out from them, so they just

identified the actual invoices that they wanted

collection on, on those statements. It's not to

the -- to the -- not to the zero of anything else

that's on there.

Q. Sir, those invoices reflected what those

companies actually owed Agriprocessors, correct?

A. I'm -- I don't know. Say what you want to

say, but --

Q. I'm asking you, sir. Isn't that correct,

that those -- excuse me, that those statements

reflected what Agriprocessors actually -- or what

those companies actually owed Agriprocessors?

A. I don't have any paper in front of me, so I

really can't talk about it. You're talking too


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global here. It's too charged. All I can say to

you is, listening to the whole -- to the chaos that

was going on, I think Monty brought it out very

well, you're willing to take the company's records

out of their system on spreadsheets and use that as

a target against what we were doing, and that's

something that's totally beyond -- beyond reason,

any credibility, any number that was going on in

that court case. I mean, you -- you have the FBI

guy, himself, on VanHoven -- it comes out that

VanHoven owes Agriprocessors $271,000, I think,

then VanHoven claimed on the stand under oath that

Agriprocessors still owes them a few thousand

dollars. I mean, you have a discrepancy in your

records like that.

Q. Sir, you had those statements -- you had

those statements created because that's what those

companies actually owed Agriprocessors?

A. That's not a correct statement. I didn't

have those statements created.

Q. Who had them created?

A. I don't know, but if you can show me

something, I can talk about it. I really don't

think it's right to discuss this in a global sense

without looking at paper.


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Q. All right. So, sir, you're saying that you

didn't have those statements created. Did you or

didn't you?

A. I don't recall. I don't recall who said make

it this way, make it that way. I don't -- I don't

remember exactly. Was it -- was it Wendy that

decided she needed money from them and she gave me

these two, three invoices, so she -- she figured

out how to do it on a -- on a -- on a spreadsheet

or something. I don't recall how that started. I

don't recall.

Q. Sir, you heard the testimony from Wendy

though that you were the one who asked her to

create these statements?

A. I heard that. So? I don't recall. I have

no comment to that.

Q. All right.

A. All I can -- all I can comment is -- is that

part of that reason of creating those statements

was that City Glatt does not want to pay or Doheny

unless they got their credits. They used to take

500, $1,000 every single week for some excuse.

Heshy would fight with them. And then when we'd

call for money, they'd give a hard time for money,

so they would hold back payment. It was part of


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that also.

Q. You did know that those statements were

different than what APGEN data said those companies

owed Agriprocessors?

A. If the -- the statement was made only for the

collecting, that's different, correct.

Q. All right. And you had Wendy shred them,

correct?

A. That's -- that's -- okay. I didn't have

Wendy shred nothing. I explained to you when I was

on the thing. You -- again, this happened

Tuesday -- you were in the office Tuesday, okay.

Anything of any value that you guys went through,

you took. I was sitting at John Tona's --

Q. And you shredded the rest?

A. I did not shred anything. There's a shredder

in every single office. Shredding is part of

anything -- that every office does every single

day. You see it in advertisements at airports:

Shred this, shred that. And, you know, there's a

computer backup to that anyways. I just -- there's

no purpose, and I did not ever tell anybody to

shred something to hide anything from anybody.

Q. But, sir, you had those statements shredded,

isn't that correct?


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A. I did not -- I -- I remember her coming to my

office and saying should we shred some stuff, in

which I said, "Go ahead. I mean, what's here

anyways?" The thing was over. I mean, the search

was over.

Q. So did you have them shredded?

A. I don't know what she shredded, and I don't

even see what's so important if she did shred

something. By the way, when a copy's sitting in

California, what would I gain by shredding it, if

there's a copy sitting in California, you're

getting it in tomorrow, right? Because those

statements were faxed, right? So just because you

can say shredded, you're putting this other whole

thing -- I don't recall that.

MR. DEEGAN: No further questions, Your

Honor.

THE COURT: Anything else for this

witness?

MR. COOK: Just a couple things, Your

Honor.

REDIRECT EXAMINATION

BY MR. COOK:

Q. Has any of the questions that Mr. Deegan

asked you changed your intentions to comply with


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69

the bail provisions and obligations to appear at

all court proceedings in this matter should you be

given bail?

A. I'd like to say to the Court that I would --

I would -- I believe it was stated, nothing that

wasn't said before, I understand the charges that

are leveled against me. I understand the weight of

those charges, but I want to say very clearly that,

God willing, the Court does grant me bail, I will

abide with everything the Court tells me to do. I

will show up for every single conference. I'll --

I'll do what the Court tells me to do, and I hope I

can still have a chance to win. If I don't, then I

will -- I will accept what the Court tells me to

do. I will not flee. I will not do anything of

that sort.

MR. COOK: Thank you. No further

questions.

MR. DEEGAN: No, thank you, Your Honor.

THE COURT: Thank you. You may step

down.

THE WITNESS: Thank you.

THE COURT: I think this is a good time

for us to take our morning break. So we'll be at

recess until twenty minutes of eleven, and we'll


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see you then.

(Whereupon, a brief recess was taken.)

THE COURT: All right. We're ready to

proceed then. Mr. Cook, Mr. Brown, further

evidence?

MR. COOK: Yes, Your Honor. We would

call Rabbi Gurkov, please.

THE COURT: Hello, sir.

SHOLOM GURKOV,



THE COURT: All right. Please be seated.

MR. COOK: Your Honor, before we begin

the witness' testimony, I would alert the Court

that his English is somewhat limited. He does

speak Yiddish quite fluently, but -- so we'll try

to get through this as best we can.

DIRECT EXAMINATION

BY MR. COOK:

Q. Please state your name, sir.

A. Rabbi Gurkov, Sholom Gurkov.

Q. Speak into the microphone.

A. Rabbi Gurkov, Sholom Gurkov.

Q. And your age, sir?

A. I was born in '38 --


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Q. And --

A. -- so I'm seventy.

Q. Where do you live, sir?

A. Now, I'm here. I'm originally from Canada,

but now I'm here, in the school.

Q. Postville, Iowa?

A. Yeah, in Postville, Iowa, yeah.

Q. And you say "the school." What is the school

you speak of?

A. The school from Postville. It's -- it's the

rabbinical things, studies.

Q. What is your role or duties at the school?

A. I take care of it. Dean is something -- I

shier. I don't know how they call it in English.

Do lectures.

Q. You're in charge of the school?

A. Not in charge of the school. I do lectures.

In the -- in the lecturing, in the learning, and

the behavior.

Q. In the lecturing and the --

A. And the behavior.

Q. Just tell us what you do at the school.

A. I'm saying, I lecture. I shier. That's what

it's called. I shier. I'm saying I shier. I

lecture, and then they study it, and then they


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prepare it, and then they -- the students -- I

lecture, and then they study it, and then they

learn it. And that's how the school goes. This is

Hebrew studies, in Hebrew.

Q. How many boys are at the school?

A. About, the whole school -- it's a big class.

It's around 50 students, if you -- two classes,

three classes together.

Q. Do you know Sholom Mordechai Rubashkin?

A. Yeah, I know him very much, because he's very

involved now, especially in the last few years.

He's a real mentor of the students and the young.

He got attached to them, and they got attached to

him, very strongly. They feel like one -- one

family. He made them feel like a family. Not like

students. Like one family together.

Q. And what has been Sholom's involvement with

the school?

A. He teaches children, students. Some are

regular students. Some need to have more --

more -- more to help them and to -- and to involve

them in learning more, so he helps them out. And

not only one student, other students. They feel a

big attachment to them, and he feels an attachment

to them too, both together.


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Q. Based upon your knowledge of Sholom and his

work at the school, do you have any testimony to

give the Court as to whether you believe he would

run away if the Court gave him bail?

A. I say that -- that the students and the

school are part of his life. It's a part of his

life. A person doesn't run away from the life. He

runs to the life, not away from the life. It's not

possible for him to run away, because it's their

life and his life together. And he would not run

away. He couldn't and he wouldn't. To run away

from the life, a person does not run away from

life. That is right.

MR. COOK: Thank you. Your Honor, no

further questions.

THE COURT: Cross.

CROSS-EXAMINATION

BY MR. WILLIAMS:

Q. What's the name of the school, sir?

A. It's -- it's rabbinical -- it's -- Menachem

school. Menachem -- it's a rabbinical -- a

rabbinical college. It's -- it's -- preparing to

be rabbis, and not only rabbis, but be, like you

say, law-abiding citizens, good citizens of the

country, and good people, and to obey the laws, the


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Jewish law and the government law. They learn that

in school.

Q. Is it connected to Torah Education?

A. Yeah, that's Torah Education, yeah.

Q. How long have you been with Torah Education?

A. I'm in now the second year. It was last

year, and now I'm in a second year there.

Q. Do you have anything at all to do with any of

the funds flowing through Torah Education's bank

accounts?

A. No, there's nothing there. Nothing. Just

the educational part.

MR. WILLIAMS: No questions, Your Honor.

THE COURT: Anything further?

MR. COOK: No, Your Honor. Thank you.

THE COURT: Thank you, sir. You may step

down.

MR. BROWN: Rabbi Hecht.

THE COURT: Hello, sir.

SHOLEM HECHT,



THE COURT: Please come to the witness

stand.


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DIRECT EXAMINATION

BY MR. BROWN:

Q. Would you state your full name, please.

A. Sholem Ber Hecht, H-E-C-H-T.

Q. And what is your profession, sir?

A. Rabbi and teacher.

Q. And could you give the Court briefly your

educational background?

A. Studied in the Yeshiva school system in

Brooklyn. Concluded the Yeshiva high school. Then

went onto the -- the university level in the

Yeshiva. Graduated. My ordination was in 1968. I

continued three years in postgraduate studies in

Israel.

Q. Could you give the Court a synopsis of your

employment history?

A. Well, most recently, I serve as a community

rabbi in Queens, Forest Hills, New York, for the

Sephardic community. That's Jews whose background

is from the Middle East -- Middle East, Spain,

Middle East, Turkey, Iraq, Iran, Uzbekistan, and so

on. I serve as the senior rabbi for that

community. I'm also the Rabbi of the Sephardic

Jewish congregation since 1974. I'm also -- I also

work with the National Education Organization, the


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National Committee for the Furtherance of Jewish

Education. I'm serving since 1990 as the chairman

of the Executive Committee. I -- and, of

course --

Q. Could you give the acronym for the National

Committee?

A. NCFJE. I also teach. I also teach -- well,

I teach in my community, but I also teach at the

girls' high school in Brooklyn. That's the school

run by the Lubavitch community. I teach a special

course in faith and science to the graduating

class. About 120 students in that class.

Q. Is it fair to say that you have your finger

on the pulse of the Jewish community, at least as

it exists in the Brooklyn and New York area?

A. Brooklyn, Queens, New York, yes, metropolitan

area, yes.

Q. Prior to the May 12, 2008, raid, were you

familiar with the name Rubashkin and the Rubashkin

family?

A. Yes, I know the Rubashkin family for many

years in New York, and they're a quite prominent

family. They're -- their work on behalf of kosher

food in America is something that's really

well-known. In my position in the city, in


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New York City, I also have connections with people

all over the world, and I am familiar with the fact

that they -- that they were able to establish a --

shipments of kosher food to various areas of the

world, which never happened before. I'm speaking

about Asia, Southeast Asia, South America, South

Africa, and so on. And that was something which

was a great accomplishment for the Jewish -- for

the worldwide Jewish community. I'm also familiar

with their well-known acts of charity in New York.

Q. Let me ask --

A. I also know the family personally. I know

the brothers and sisters, and so on.

Q. Prior to the raid, was Aaron Rubashkin a

public figure as you understand that term in

New York?

A. You mentioned -- you said Aaron Rubashkin.

Yes, Aaron Rubashkin is the patriarch of the

family, was a person who is well-known in New York,

yes.

Q. And prior to the raid on May 12, 2008, was

Sholom Mordechai Rubashkin a public figure in the

Jewish community prior to the raid?

A. Not so much as after the raid, but, yes, he

was known because of the Rubashkin meat business,


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because of its broad scope, was something that

touched people all over the world, and he was known

to be one of the people involved in the business.

Q. Was he ever known prior to the raid to be

involved on behalf of Agriprocessors in resisting

challenges by People for the Ethical Treatment of

Animals?

A. Well, that was a sorry story, as far as we --

as far as the Jewish community saw it and the

Kosher Community saw it.

Q. Let's keep it simple.

A. Yes, yes.

Q. Okay. Did he obtain some notoriety as the

defender of Agri from PETA's complaints?

A. Yes.

Q. Okay. Did there come a time when you became

involved to help -- to help collect funds for the

defense of Sholom Rubashkin and his father

following the raid and the various charges that

were made both in state court and federal court?

A. Yes, about a year -- about a year ago -- just

a little over a year ago, a committee was formed in

New York, mostly made up of members of the

community, of the Lubavitch community. That's the

Chabad community of New York. And they formed a


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committee which we call the Committee of Concerned

Anash for Pidyon Shvuyim.

P-I-D-Y-O-N S-H-U-V-Y-I-M [sic]. Got it?

(Response from court reporter.)

A. All right, "Anash" is -- Committee of

Concerned Anash, A-N-A-S-H, for Pidyon,

P-I-D-Y-O-N, Shvuyim, S-H-V-U-Y-I-M. That

committee was a group of people who got together to

try to set up a framework to help in the legal --

in the legal areas. First, most importantly, by

raising money for the family. It came to a point

where we realized that the family had basically

used up all of their resources, and so it became

necessary that the Jewish community would have to

raise money to help. And also, to work together

with the legal teams, try to get some outside legal

people involved. And we were sort of a conduit to

be able to connect different legal people,

different legal ideas, in the country; and to work

together with the legal team. So, yes, for about a

year we've been involved.

Q. So in addition to assisting in the fund

raising and helping to pay lawyer bills, did you

provide some consultation on the legal strategy and

some legal matters?


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A. Absolutely. We were in touch with various

legal groups or legal entities. Without mentioning

names, some very prominent -- some very prominent

lawyers around the country. It was something that

we worked with very closely before the actual --

while the -- while the legal team was being put

together, we worked with them and served as sort of

a conduit so that they could work together with you

here in Iowa.

Q. Did you work with Sholom Rubashkin personally

on -- on --

A. We were in touch with him. We were in touch

with him all the time, on an ongoing basis.

Q. Do you know whether or not Sholom Mordechai

Rubashkin has been fully cognizant of potential or

likely penalties in the event that he was found

guilty in the first trial?

A. That's something that we've learned. We in

New York, living in a religious Jewish community,

have learned something from Sholom Rubashkin. And

it's something that we very often talk about back

in our religious bastions back in the city. He's a

person who has unmatched faith in God. I've heard

him say so many times that he believes in God's

providence 100 percent. And if it has to be that


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he has to undergo a certain amount of testing or

challenging in his life, he accepts that as God's

providence, and that whatever the eventual ruling

will be, whatever the eventual results will be from

this -- from this legal proceedings and the

American courts, he accepts it. And he realizes

that this is all part of God's divine plan, so much

so that it actually -- I have seen in him that this

is something which is not just lip service. This

is a person who really believes it, and really the

depth of his spiritual belief and his faith is

expressed through his experiences that he's going

through now.

Q. So are you telling --

A. He's not a fatalist.

Q. Are you telling the Court that if he gets ten

or fifteen or twenty or twenty-five years that he

accepts that as God's will?

A. Yes, and he will probably -- he will probably

feel that there's some mission for him to do.

Wherever he is going to end up serving that time,

there's probably some divine mission for him to

fulfill wherever he will be.

Q. Can you give us an approximation of how many

individual contributors have provided their monies


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to the committee for -- to help defend this man?

A. Well, let me just say that we have raised

enough money up to last week to cover all the legal

expenses, Number 1.

Number 2, I have to say that I -- our

organization that I work with as -- in the

education department, I'm also involved a little

bit with the fundraising. And I actually have

never seen such a strong response to a single

focused appeal as we have seen in the case of

Sholom Mordechai Rubashkin. Hundreds, maybe

thousands -- I don't have the exact number, but --

this committee that was established also then came

to our organization because we have a history of

working with the legal defense as one of our -- one

of our projects under our National Committee for

the Furtherance of Jewish Education, so we had a

structure set up to be able to put the funds

through properly and to spend the funds properly.

But the number of individual donations, anywhere

from $5, people who sent in $5, $18, $25 -- I see

it because I'm the one that signs the receipt

letter at the end when we send out the receipt

letter to everyone for sending in the donation.

$5, $18, $25, people from Baltimore, people from


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New Haven, people from Europe. Checks from Europe

are coming in. They're $100, $1,000, $10,000. And

there were those who gave large, large, large

donations also.

Q. And are they now sending letters?

A. Oh, aside from that bound book that you have

there, there are probably hundreds more already

that we looked through over the last ten hours.

I'm getting more in my office in Brooklyn. You're

getting them here. The family is getting them.

You have letters there in that booklet from four

people who represent 4 million Jews in America.

The head of the Orthodox Union -- Orthodox Union of

-- the Union of Orthodox Jewish Congregations of

America, which represents about a million Jews in

America. You have a letter from the head of the

Young Israel Movement, which represents probably

another 750,000 Jews in American. You have a

letter from the Rabbinical Alliance in America,

which represents 600 Orthodox rabbis and I don't

know how many thousands of people. And you have

several other -- Agudath Israel, which is one of

the largest religious-oriented national

organizations -- their convention is coming up next

week over the Thanksgiving weekend. You have a


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letter from the director of Agudath Israel. You

have letters in -- five letters in that box, in

that pile that you have, represents three-quarters

of the Jews in America.

Q. Is there anyplace that Sholom Rubashkin could

go to that you're aware of where he would not be

recognized?

A. No, not after this trial. Definitely no.

Q. Is there anyplace that he could go where he

could hide --

A. No.

Q. -- in the Jewish community?

A. Not in America, not overseas either. I mean,

the interest in this trial is absolutely worldwide.

I have a brother that lives in South Africa. I

spoke to my nephew this week. He said they're on

top of it down there. I have -- my brother-in-law

lives in Melbourne, Australia. I'm in touch with

him. In fact, they sent money from Melbourne,

Australia. They sent donations from Melbourne,

Australia, to help us out with the case. They're

familiar with the case down there. They're on top

of it. China -- China, Vietnam, these are places

where their food -- their kosher food was sent to

those places. In Beijing or in -- perhaps more


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in some of the other big cities there where Jews go

for business, they can go there and get kosher food

because the Rubashkin company was sending them

kosher food there. So he's known all over the

world.

Q. Are you aware of whether or not his spiritual

leader, the Rebbe, actually traveled to

Cedar Rapids in the fall of 2009, to visit with him

personally?

A. No. You're talking about the Munkatcher

Rebbe. The Munkatcher Rebbe, yes. The Munkatcher

Rebbe is a very prominent spiritual leader in a

very big community in Borough Park or Brooklyn.

He's a person who took a very strong personal

interest in this case. And he felt so strongly

about it that he came out here once or twice. You

had -- you had -- in the last bail hearing you had

five -- those people who wrote those letters, you

had the leaders of three-quarters of the Jewish

community of America. You had them here in either

Cedar Rapids or Dubuque, or wherever it was, for

the last hearing. They came here to show their

support for bail.

Q. And did some of those people of such

prominent stature actually attend his trial in


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Sioux Falls?

A. Well, yes, I -- not those people, but I was

here for several days during the trial, and I have

to tell you --

Q. I don't want --

A. Okay, yes, some did. I can't give the exact

names. There was some very prominent people who

came here to the trial.

Q. Knowing all that you know about Sholom

Rubashkin, his family, his status as a public

figure, are you willing to express an opinion, to a

reasonable degree of personal certainty, as to

whether or not if he was released under suitable

conditions he would -- he would flee the

jurisdiction or attend all court proceedings and

sentencing if -- when ordered to do so?

A. I could say very, very -- unequivocally and

very strongly that from all the experiences that

we've had through the last year, all the people

that are supporting him -- I mean, he would have to

answer to thousands and thousands of people all

over the world. He would have to answer to the

most important leaders of American Jewry. Forget

about that, he would have to answer to his family.

He would have to answer to his community.


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Postville, Iowa, is supporting him. These are

people that he's lived with for the last twenty

years. There's no way -- there's no way -- there's

no way that he wouldn't honor whatever -- whatever

rules were placed upon him.

Q. Could you characterize the magnitude of the

disgrace it would be to the people who sent $5 and

$18 and $10,000 and sent these letters if he would

flee the jurisdiction now?

A. It's unimaginable. It's something that I

can't even -- I can't even imagine. I can't think

that way. I just don't have -- I don't have the

words or even the thoughts to move in that

direction. I get a mental block if I think of it.

It seems absolutely -- there's only one way

possible for him to do, and that's to follow

whatever the Court sets down.

MR. BROWN: Your Honor, I have no further

questions. Thank you very much.


MR. DEEGAN: Thank you, Your Honor.

CROSS-EXAMINATION

BY MR. DEEGAN:

Q. And good morning, sir.

A. Good morning.


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Q. You've actually been present in the courtroom

during today's hearing, correct?

A. No, I was outside.

Q. Okay.

A. Earlier, yes. Just when Rabbi Gurkov spoke,

I was here, yes.

Q. You did attend several days of the trial out

in Sioux Falls, correct?

A. Yes, sir.

Q. And you've been very involved in the effort

to support the defendant by raising money for his

defense?

A. Yes, sir.

Q. And also providing support and help to his

family; is that correct?

A. Yes, actually, yes.

Q. The truth is, the defendant does have quite a

bit of support in the local and national community,

isn't that correct?

A. Yes.

Q. In fact, when he travels, you know, he's

actually got people that can drive him places,

correct?

A. I don't know about -- I don't know -- I don't

know about particulars -- I don't know the


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particulars. It's hard to say. But when he was on

trial, there were people who came here, and when we

were at the hotel, he was leading services in the

morning. He gathered together the students to

study together, to have a study session. They look

up to him in that way, yes.

Q. Well --

A. I mean, somebody picked me up at the airport

to drive me too. I'm not too important as he is,

but, you know, it could happen.

Q. Prior to the last trial, did he actually come

out and visit you and your committee in New York?

A. No, he never made it to our office. He went

to -- on a religious pilgrimage to the grave site

of the Rebbe Menachem Schneerson, a blessed memory.

And I actually didn't meet him when he was in

New York. He was in New York two times, I believe,

in the last year, and both times he never made it

to our office and -- to the best of my

recollection, and he was -- mainly went for

religious -- for a religious pilgrimage.

Q. All right. Bottom line is this, sir, you and

your community are going to support this man no

matter what, isn't that correct?

A. "No matter what" is a very broad term, but


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we're going to support him, to the best of our

ability -- to the best of our ability. We had a

meeting the other night, and more people showed up

after the -- after the sentencing [sic] than even

before to the meeting, so it seems like we have a

strong support, yes.

Q. And that's whether or not he would violate

his conditions of release or not?

A. No.

Q. You're still going to support him, correct?

A. No. I mean, that's just ridiculous. The

people are supporting him because they wanted him

to go through the legal system correctly. We're

paying the lawyers. We're not paying people to

drive him to Timbuktu. We're helping the lawyers

to run the case, to do it properly, in the first

part of the case, and now we have this part of the

case, and then we have the appeal part of the case.

That's what we're giving money for.

Q. Sir, you're aware, aren't you, that he was

found to have violated the law, to have committed a

felony, last time he was released, isn't that

correct?

A. You're going -- I don't know all the details

of what happened. At least as far as I know, from


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the time he was released until now, he's followed

everything that he was supposed to do. That's what

I know. He's here, and he was here for the trial,

and he was here for the whole time that he was on

bail. He didn't go anywhere where he was not

supposed to go. I see no reason why I should

assume that he's going to break any rules now, if

you let him -- when he's let out on bail now.

Q. Sir, just to be clear though, you were aware,

weren't you, that he had problems while on pretrial

release the first time he was released?

A. No, I'm sorry, I'm not aware of that. I

don't know what -- I don't know what you're

referring to specifically. If you'd be more

specific, I might be able to help you. I don't

know.

Q. Well, there was a finding by the Court that

he actually committed bank fraud while on pretrial

release the first time around. Were you aware of

that?

A. I'm not here to deal with any of the legal

aspects. I don't know. I know that he was -- as

far as where he was, what he was doing, where he

was supposed to be, he kept to the rules. That's

what we're supporting him on. I don't know what he


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does on the paperwork or something like that. I do

know that we expect him to -- we expect him to

listen to what the judge says. We expect him to be

available. We expect him to follow all the

rules -- all the rules. And that's -- that's what

I -- that's the way I understand it.

MR. DEEGAN: All right. No further

questions, Your Honor.

THE COURT: Anything else?

MR. BROWN: No thank you, Your Honor.

THE COURT: Thank you. You may step

down.

THE WITNESS: Thank you, Your Honor.

MR. COOK: Your Honor, we would offer at

this time a number of exhibits that we've premarked

and provided courtesy copies to the Court and the

government:

Exhibit A, which is approximately 608

letters of support for Rubashkin's release pending

the second trial and his sentencing.

Exhibit B, which is approximately 534

e-mails from individuals in support of defendant

Rubashkin's release pending his second trial and

sentencing.

Exhibit C, which is the resume of Rabbi


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Sholom Hecht, who just now testified.

Exhibit D, which is a listing of some

approximately 43 letters from individuals offering

the equities in their homes in support of Sholom

Rubashkin's release upon bail, including

Defendant's Exhibit D-1, which I just now marked,

which is a spreadsheet listing the amounts of the

assessed value, the equities, for these

approximately 43 homes, which total $7,921,241.

$7,921,241.

Exhibit E, which the Court has seen

previously, which is a PowerPoint slide of the

descriptive terms of his character by government

witnesses at the trial in Sioux Falls.

Exhibit F, which is approximately six

letters from different rabbis, from their

synagogues or places of worship, offering to put up

their Holy Torah as bail in support of

Mr. Rubashkin's release pending his second trial

and sentencing.

And then I've been recently provided here

during this hearing, Your Honor, some additional

approximately 200 letters, also of the kind that

would be of Exhibit A, which we would identify as

Exhibit A-3, which I think brings the total number


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of letters and e-mails in support of his release to

1,342, approximately.

We previously, Your Honor, have also

marked as Exhibit A-1 the letter of Rabbi David

Zwiebel, who the Court will recall previously

testified at the first bail hearing upon appeal of

Magistrate Judge Scoles's order. He did testify by

phone, and this is a letter in his support urging

that he be allowed to remain out on bail pending

sentencing and asserting that he is not a flight

risk.

And also, Your Honor, I believe we've

already offered Exhibit A-1.

We would also ask for the purposes of

this record today that the record previously made

at the hearing that the Court held in January on

the appeal of Magistrate Judge Scoles's order,

wherein the Court did grant bail with certain

conditions, that that evidence also be part of this

record, as well as the ruling that the Court

entered. We ask that be -- that the Court take

judicial notice of that ruling and the findings

made regarding the defendant's character, family

ties, residence in the community, criminal history,

and other factors the Court found noteworthy in


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finding bail appropriate in January of this year,

Your Honor.

With those exhibits and the testimony

that we offered here today, we would rest, Your

Honor.

THE COURT: All right. Any objection to

any of those exhibits, Mr. Deegan, for purposes of

this hearing?

MR. DEEGAN: No objection for whatever

weight the Court would give them.

THE COURT: All right. They are all

admitted then.

(Whereupon, Exhibits A, A-1, A-3, B, C,

D, D-1, E, and F were received.)

THE COURT: Mr. Deegan, does the

government wish to put on any evidence?

MR. DEEGAN: Briefly, Your Honor.

THE COURT: All right.

MR. DEEGAN: Government calls Special

Agent Mike Fischels.

THE COURT: Agent Fischels, will you

please raise your right hand.

MICHAEL FISCHELS,

called as a witness, being first duly sworn, was

examined and testified as follows:


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THE COURT: Please take the witness

stand.

DIRECT EXAMINATION

BY MR. COLE:

Q. Please state your name and spell your last

for the record.

A. Michael Fischels, F-I-S-C-H-E-L-S.

Q. Sir, how are you employed?

A. I'm a special agent with Immigration and

Customs Enforcement.

Q. How long have you been with ICE?

A. I've been with ICE since its inception in

2003. Prior to that, I was with the Immigration

and Naturalization Service since 1996.

Q. You're a graduate of the INS Academy?

A. Correct.

Q. And when did you become employed with ICE in

Iowa?

A. In 2005.

Q. Now, sir, you are one of the case agents in

this case, United States versus Sholom Rubashkin;

is that correct?

A. That's correct.

Q. I want to talk to you about a couple of

specific topics. To begin with, are you familiar


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with a Hosam Amara?

A. Yes, I am.

Q. Did you know where he was last employed?

A. Yes.

Q. Where?

A. He was employed in the poultry department of

Agriprocessors, Incorporated.

Q. Did he have any type of title or position

there?

A. I believe he was a supervisor for the poultry

department.

Q. Is he also a codefendant in this case?

A. Yes, he is.

Q. And have you had occasion to talk with

Mr. Hosam Amara on the telephone?

A. Yes, I have.

Q. And how did that come about, sir?

A. Mr. Amara had some conversations with some

current employees at Agriprocessors, and made some

statements that he would like to talk to government

officials. An individual at Agriprocessors

provided my e-mail address to Mr. Amara, who then

contacted me via e-mail.

Q. And how did you guys arrange contact via the

phone?


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A. I stated to Mr. Amara via e-mail that he

could contact me. I provided him my telephone

number, and he did.

Q. Do you know where he contacted you from?

A. He was in Israel.

Q. Were any of those -- how many phone calls did

you have with him?

A. Two.

Q. Were they recorded?

A. Yes, they were.

Q. Was a transcript prepared?

A. Yes.

MR. COLE: Your Honor, may I approach?

THE COURT: Yes.

Q. Handing you what's been marked as Government

Exhibits 6 and 7, do you recognize those?

A. Yes, I do.

Q. What are they?

A. They are the transcripts of the recorded

phone calls from March 5 of 2009 and March 10 of

2009 with Mr. Amara.

Q. And yourself?

A. Yes.

Q. Fair and accurate transcripts?

A. Yes.


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Q. Any additions or deletions to the

transcripts?

A. No, sir.

MR. COLE: Your Honor, government offers

Government Exhibits 6 and 7.

MR. BROWN: Objection. Relevance, Your

Honor.

THE COURT: Objection's overruled. This

is a detention hearing, and the Rules of Evidence

do not apply.

The Court will receive Exhibits 6 and 7

for whatever relevance they have to the issues

before the Court.

(Whereupon, Exhibits 6 and 7 were

received.)

Q. Looking at Exhibit 6, the conversation of

March 5, 2009, if you were to look at Page 29 of

that exhibit, can you tell me what you and

Mr. Amara discussed?

A. On Page 29 we discussed his departure from

the United States to go home.

Q. And what about that departure?

A. Mr. Amara told me that Mr. Rubashkin told him

to just go ahead and leave and forget about

everything here.


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Q. And referring you to Page 52, what were you

discussing?

A. We were discussing whether or not Mr. Amara

knew if Zeev Levi was over there with him, and

Mr. Amara responded that, yes, he's in Israel.

Q. And who is Zeev Levi?

A. Zeev Levi is another defendant in this case.

Q. What department of Agri did he work in?

A. He also worked for the poultry department.

Q. Turning your attention to Exhibit 7, the

conversation of March 10, 2009, is that a follow-up

conversation with Mr. Amara?

A. Yes, it was.

Q. Was Mr. Amara still in Israel at that time?

A. Yes, sir.

Q. Turning your attention to Page 23 of the

transcript, what did you guys discuss?

A. We again discussed the conversation between

Mr. Amara and the defendant in regards to

Mr. Amara's departure to Israel, where Mr. Amara

told me that, again: Sholom told me [sic] that the

best thing for you to do would be to go back to

Israel. And Mr. Amara confirmed that that was

correct. I asked Mr. Amara if the defendant helped

him purchase a plane ticket. Mr. Amara said that


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101

he gave him $4,000 to help him.

Q. And that conversation continues on Page 24?

A. Correct.

Q. And you had further conversations with -- in

Exhibit 7 about Mr. Amara being in Israel?

A. Yes.


Exhibit 1302, 1303, and 1304, do you recognize

those?

A. Yes, I do.

Q. What's 1302?

A. 1302 is a check that was written out to

Mr. Hosam Amara from the employee's special fund at

Agriprocessors signed by Sholom Rubashkin.

Q. And is that what's known as the pop fund?

A. Correct.

Q. What is 1303?

A. 1303 is a cash out withdrawal slip.

Basically, a deposit of $3,000 [sic] into an

account at Citizens State Bank, and $1,000 [sic] in

cash.

Q. And 1304.

A. 1304 is actually the cash out ticket for the

$3,000 on the same date.

Q. These documents were obtained in the course


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102

of your investigation?

A. Yes.

Q. Any additions or deletions to the exhibits?

A. No.

MR. COLE: Your Honor, we offer 1302,

1303, and 1304.

MR. BROWN: No objection, Your Honor.

THE COURT: Received.

(Whereupon, Exhibits 1302, 1303, and 1304

were received.)

Q. Looking at Exhibit 1302, do you recall

testimony regarding the signatures on these checks?

A. Yes.

Q. And based on your recollection, do you know

whose signature is on this check?

A. It appears to be Sholom Rubashkin's.

Q. And this check is for how much?

A. $4,000.

Q. Made out to whom?

A. Made out to Mr. Hosam Amara.

Q. And that corresponds with your conversation

with Mr. Amara in Exhibit 6 and 7?

A. Yes, it does.

Q. Looking at 1303, can you tell me what that

is?


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103

A. Again, it's -- it's a slip from Citizens

State Bank, noting a deposit of $1,000 into an

account with an account number and a name of Nisren

Amara, dated June 5, 2008.

Q. And who is Nisren Amara?

A. The spouse of Hosam Amara.

Q. And looking at 1304, can you tell me what

that is?

A. That's an actual cash out ticket on the same

date, June 5, 2008, for $3,000. Again, signed by

N. Amara.

Q. The wife of Hosam Amara?

A. Correct.


Exhibit 1301, what is that document?

A. It is a document that I received from our ICE

Attaché Office in Rome, Italy.

Q. So it's a document of your agency?

A. Correct. It's actually a diplomatic security

document that was given to my agency in Rome.

Q. At your request?

A. Correct.

Q. Kept in the normal course of business?

A. Yes.

Q. Any additions or deletions made to the


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104

exhibit?

A. Other than a redaction for date of birth and

passport number, no.

MR. COLE: Your Honor, we offer 1301.

MR. BROWN: No objection.


(Whereupon, Exhibit 1301 was received.)

Q. Agent Fischels, what information is contained

within Exhibit 1301?

A. The information in this exhibit provides

information regarding Hosam Amara and his entries

and exits to and from Israel for a time period from

1999 to August of 2009.

Q. And does that document confirm then that

Hosam Amara is in Israel in 2009?

A. It does confirm that he exited Israel

multiple times in 2009, and returned to Israel in

August of 2009 via the Jordan River border.

Q. Now, sir, are you also familiar with Rabbi

Shlomo ben Chaim?

A. Yes.

Q. How so?

A. He is the individual who signed the Hunt I-9

forms at Agriprocessors for a certain period of

time.


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105

Q. And did you also have occasion to investigate

his travel?

A. Yes, I did.


Exhibit 1319, do you recognize that exhibit?

A. Yes, I do.

Q. And what is it?

A. It is a credit card statement from American

Express relating to an Agriprocessors's credit card

assigned to Sholom Rubashkin.

Q. Fair and accurate copy of that statement?

A. Yes, sir.

Q. Two-page statement?

A. Yes.

Q. Any additions or deletions to the statement?

A. No.

MR. COLE: Your Honor, government offers

1319.

MR. BROWN: No objection, Your Honor.



Q. Now, the statement itself, sir, what were you

able to glean from it?

A. It appears that on May 29 of 2008, there were

multiple purchases of airline tickets, one


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106

specifically for Shlomo ben Chaim, the others for

what appear to be family members of the ben Chaim

family, all on May 29, 2008, for travel to

Tel Aviv, Israel, from Chicago.

Q. And how many of those tickets were purchased

then?

A. I believe eight.

Q. And the date of the purchase?

A. May 29, 2008.

Q. Handing you Government Exhibit 1300. What's

Exhibit 1300?

A. It is a printoff from our Department of

Homeland Security Arrival and Departure Information

System.

Q. A business record of your agency?

A. Yes.

Q. Any additions or deletions to that exhibit?

A. No, other than a couple of redactions for

birth dates and document numbers.

MR. COLE: Your Honor, the government

offers Exhibit 1300.

MR. BROWN: No objection.



Q. What, if anything, did you learn from that


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107

exhibit?

A. The exhibit shows that Shlomo ben Chaim

departed the United States from Chicago, Illinois,

on June 1 of 2008.

Q. And his flight left out of the US?

A. Correct.

Q. Did you by chance have any conversations with

a Mike Kruckenberg from Freedom Bank?

A. Yes, I did.

Q. What were those conversations regarding?

A. I spoke with Mr. Kruckenberg by phone

regarding Shlomo ben Chaim. Mr. Kruckenberg told

me that he knew Shlomo ben Chaim and that Shlomo

ben Chaim came to him at some point and told him

that he was going to return to Israel and that

Sholom Rubashkin was going to take over his

property. Shortly after that conversation,

Mr. Kruckenberg stated that Shlomo -- Sholom

Rubashkin came to his office and had the properties

transferred to Nevel Properties.

Q. The conversation you had with

Mr. Kruckenberg, about what time was that?

A. It was several weeks ago.

Q. And were you able to determine when the

conversation with Mr. Kruckenberg and Mr. -- Rabbi


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108

Shlomo ben Chaim occurred?

A. It was sometime after the immigration raid on

May 12.

MR. COLE: Nothing further at this time,

Your Honor.


MR. BROWN: Yes, Your Honor.

CROSS-EXAMINATION

BY MR. BROWN:

Q. Agent, did you prepare a report of this

interview a couple weeks ago with the gentleman

from the bank?

A. I did not.

Q. Did you make any notes, handwritten notes, of

your conversation with -- a couple weeks ago with

this gentleman from the bank?

A. I did have some brief handwritten notes,

which I provided to one of the AUSAs.

Q. May I see those notes?

A. I'm not in possession of those notes.

Q. Do those notes contain additional information

other than what you have imparted here today?

A. I do not believe so.

Q. Now, isn't it true that the Hunt payroll was

discontinued at Agriprocessors more than two months


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109

before the raid?

A. I believe so, yes.

Q. And when Sholom Rubashkin testified that the

Hunt payroll had been discontinued two months

before the raid, that's true, isn't it?

A. Yes, I believe so.

Q. And did Shlomo ben Chaim ever receive a

target letter?

A. Not that I'm aware of.

Q. Now, Sholom Rubashkin over the summer of 2008

received two target letters, did he not?


Q. One in late May of 2008, right?

A. Yes.

Q. And one later in the fall of 2008, which

added more potential crimes, including financial

crimes, that he was subject to investigation for,

isn't that correct?

A. Yes.

Q. Including racketeering?


Q. Did Sholom Rubashkin ever flee the country

and not return between May 12, 2008, and

October 30, 2008?

A. No, sir.


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110

Q. And you were here at the original -- or the

appeal detention hearing where testimony was

received from Mr. Schochet in Canada. Were you

present for that testimony?

A. Yes, I was.

Q. Any reason to believe that Mr. Schochet

testified falsely as to his understanding as to why

Mr. Rubashkin went to Toronto in October of 2008?

A. No, sir.

Q. Now, Mr. Hosam [sic] has continued to attempt

to make contact with various individuals in the

Postville area, is that true?


Q. Any information that, since his return to

across the ocean, that he has attempted to contact

Sholom Rubashkin?

A. Not to my knowledge, no.

Q. But he has contacted informants at

Agriprocessors or AgriStar, isn't that true?

A. Employees there, yes.

Q. And he's told those employees that he didn't

think he did anything wrong but he doesn't want to

come back, right?

A. That's correct.

Q. In your conversations with him, he was


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111

attempting to essentially cooperate and negotiate

some kind of a deal?

A. Yes.

Q. And this is a person who you know from your

investigation was involved in a shakedown scheme of

some of the employees in which he would give them

better jobs if they bought a car from him; is that

right?

A. We believe he was involved in a scheme, yes.

Q. It's fair to characterize what you know about

Hosam Amara as unreliable, isn't that true?

A. Based on my conversations with him via the

telephone, I find him to be reliable.

Q. Okay. Well, apparently he's cunning enough

that he can get into Israel without them knowing

about it, isn't that right?

A. I don't know.

Q. Well, you've identified an exhibit, 1301,

which you said documents his travels to and from

Israel, right?

A. Correct.

Q. Does it say when he got to Israel in the

summer of 2008?

A. It doesn't show his arrival to Israel in

2008.


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Q. So somehow he used his guile and his savvy to

get into the country of his birth without them

knowing about it, right?

A. I don't know how he entered the country.

Q. You just know that he was reported as having

left approximately eight months after he supposedly

fled the United States?

A. He left Israel multiple times in 2009 and

returned August 1, 2009, to Israel.

Q. But there's no entry about what happened

in -- over the summer of 2008, right?

A. No, sir.

Q. Now, you've identified an exhibit and were

referred to Page 29. Do you remember that exhibit?

A. Yes. Was that 6 or 7?

Q. 6. Didn't Hosam Amara tell you that

everybody told him to go home?

A. He said, "This is what everybody told me,"

and then specifically mentioned Mr. Rubashkin.

Q. Going back to Page 28, he -- the last

sentence of Page 28 of Exhibit 6, he said, "I left

because this -- everybody told me to do that

(unintelligible) my home," right? Isn't that what

he said?

A. That is correct.


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113

Q. And then going over to Page 29, you have

this -- an entry where the transcriber has said

"voices overlap," and then he repeats this

"everybody told me" business, right?

A. Correct.

Q. And then Mr. Rubashkin's name came up, right?

A. That's correct.

Q. So isn't what happened during this "voices

overlap" business that you asked him if -- what

Mr. Rubashkin said about staying or going?

A. I do not believe so.

MR. BROWN: I have nothing further, Your

Honor. Thank you very much.

THE COURT: Mr. Cole.

MR. COLE: Yes, Your Honor.

REDIRECT EXAMINATION

BY MR. COLE:

Q. Sir, when you found out about the Hunt I-9s,

was Rabbi Shlomo ben Chaim still around?

A. No, he was not.

MR. COLE: Nothing further, Your Honor.

THE COURT: Anything else?

MR. BROWN: No, thank you, Judge.

THE COURT: Thank you, sir. You may step

down.


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114

MR. DEEGAN: Your Honor, the government

relies upon the previous evidentiary record made at

the other detention hearing and appeal in this

case, also, the evidence in the record at trial in

this matter. In addition to the matters we've

presented today, that's all the evidentiary record

we have.

THE COURT: All right. Any rebuttal,

Mr. Brown, Mr. Cook?

MR. COOK: No, Your Honor.

THE COURT: All right. Very fine. That

closes the record on the detention issue. You have

briefed the issues that are involved and the

standard that the Court is to use after conviction.

Anything else that you want to say about -- in

argument, Mr. Brown, Mr. Cook?

MR. COOK: Yes, Your Honor. We'd like to

make some brief remarks based upon the testimony

here today and the additional exhibits we've

offered.

THE COURT: Very fine. You may proceed.

MR. COOK: Thank you, Your Honor. We do

rely upon the brief that we filed immediately

following the jury's verdict. And, of course, as

the Court's well aware, the standard changes upon a


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115

conviction. The burden shifts to the defendant to

demonstrate to the Court by clear and convincing

evidence that he's not likely to flee, nor pose a

danger to the safety of other persons in the

community. We submit that the issue before the

Court, frankly, here is whether he is likely to

flee and whether there is clear and convincing

evidence upon which the Court can find that he is

not likely to flee.

In analyzing that, of course, the Court

is guided by the law and the facts that have been

presented here and at the previous hearing. And

the Court then, in applying this burden, looks to

the factors under 3142 of Title 18. Here, Your

Honor, Mr. Rubashkin now stands convicted of 86

counts. Noteworthy, of course, in looking at the

factors under 3142 is that it is not a crime of

violence. It is a financial crime which he stands

convicted of, which there is, of course, pending a

motion for directed verdict, which the Court has

yet to rule upon, and every intention following

sentencing, should that ruling be unfavorable, the

defendant intends to appeal. And as he indicated

here, while he's not clear of the actual legal

arguments, he is hopeful that his appeal will be


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successful. And we submit that he would not throw

away that opportunity given what he knows, to have

his matter heard on appeal, and flee the

jurisdiction.

So Number 1, it is not a crime of

violence. It's bank fraud. It's a financial --

related financial offenses.

Number 2, Your Honor, under the Code, the

Court is required to look at the weight of the

evidence. Here, that has changed because he has

been convicted. But what's noteworthy, Your Honor,

is that even in the previous detention ruling where

the Court granted bail, the Court found that there

was substantial evidence that the government had

marshaled, and so, frankly, the defendant's

acknowledgment, perception, reality, that there

were substantial charges against him was known to

him and not something that caused him to flee the

jurisdiction. Here, now, of course, he does stand

convicted, but nevertheless, as I mentioned, not a

crime of violence.

Noteworthy, additionally, Your Honor,

unique to the facts of this case, are that, based

upon the Court's well-reasoned severance ruling,

there's a second trial set for December. There are


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still charges in that part of the case to which the

presumption of innocence still attaches with

respect to conspiracy, identity theft, document

fraud. He is presumed innocent, notwithstanding

the Court's first trial and the verdict that was

found by the jury in Sioux Falls.

Looking then at the third factor under

the Code, Your Honor, is the history and

characteristics of the person. There's been

considerable testimony presented by witnesses here

today and included in the more than 1,300 letters

or e-mails that demonstrate, we submit, his

character, which was also testified to at the trial

and is set forth in Defendant's Exhibit E,

testimony from government witnesses that he's

sincere, genuous [sic], concerned, problem-solver,

trustworthy, well-intentioned, good on his word,

honorable, and honest. That testimony came in at

the trial through government witnesses and has been

supplemented by the considerable letters that have

been supplied to the Court, which, frankly, I find

remarkable that in just a few hours from when the

verdict was returned until today, that -- the

support that he has garnered from more than 1,300

people expressing their opinions about his


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character. And, of course, what's noteworthy about

that, Your Honor, and perhaps even more than their

opinions about his character, is his public figure

status, that he is -- is unique before this court

as a criminal defendant, that he is well-known

within the Jewish community, and, frankly, would

not have anyplace to go or anyplace to hide should

he choose to flee, and would dishonor the

considerable support that he has garnered pretrial

and post-trial.

Additionally, Your Honor, with respect to

the factors under the Code are his family ties.

It's well established, as the Court previously

found, that he has significant family ties and

support. He's the father of ten, including young

children, and it's -- it is his life. Beyond his

faith, his family is the most important thing to

him.

The length of residence in the community,

another factor. Well established previously, more

than fifteen years in Postville. He has community

ties, which the Court found before, extended to the

local religious and educational institutions, and

as the Court previously found, he was either --

either founded or was instrumental in the


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development of such institutions.

The Court also previously found that he

has strong evidence of involvement in Postville and

the larger faith community and has a history of

leadership and charity, which has been further

demonstrated by these more than 1,300 letters and

e-mails submitted as part of our evidence here to

the Court.

Additionally, the factors to consider are

criminal history, drug or alcohol abuse. No such

evidence of any drug or alcohol abuse. And the

only criminal history is the conviction which he

stands convicted of, which the pending Motion For

Directed Verdict exists, and the intentions to

appeal, and the second trial.

I think simply put, Your Honor, the

unique situation the Court finds itself here is,

this public figure who has unbelievable support

from his family, from his friends, and from a large

Jewish community that stretches throughout this

country and to other places throughout the world,

that when the Court granted bail in January, it was

based upon a -- factors that were found and

evidence that was presented, but it also was based

upon a -- a belief, a hope, an expectation that the


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bail would be complied with. Now, Your Honor, ten

months later, you have concrete evidence, solid

evidence, evidence beyond a reasonable doubt,

evidence by all certainty, that he complies with

the Court's orders, the Court's dictates, the bail

provisions, and the obligations that were placed

upon him.

As the probation officer indicated,

there's been no problems whatsoever, and he has

complied in all respects. Frankly, Your Honor, the

evidence regarding alleged criminal conduct or

conduct relating to the charges that the jury

returned its verdict on predate the release that

occurred in January and, we submit, would not be

relevant in determining whether there's clear and

convincing evidence that he is not likely to flee,

given bail, nor poses a danger to the community.

I've already mentioned, Your Honor, that

there are substantial appeal issues, which he's

aware of, and other legal issues, which he would

not throw away by fleeing.

Also, Your Honor, as the Court's well

aware, there are a number of other defendants who

have pled guilty and are awaiting sentencing.

Those witnesses who testified at the


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trial -- including Toby Bensasson, Mitch Meltzer,

Elizabeth Billmeyer, and others -- are all

convicted of federal offenses by their own guilty

pleas, yet remain free on bail pending their

sentencing, particularly Toby Bensasson and Mitch

Meltzer, who by their own admission were involved

in a crime which this jury found Sholom Rubashkin

guilty of.

We would submit, Your Honor, that the

entire Jewish world is watching, that the support

that he has received is unprecedented, that that's

been demonstrated by these letters and the

appearance of persons at the trial. And while I

certainly don't intend to belabor the point or

waste the Court's time, because the Court has

before it the substantial letters, I would point

out just a few of these letters. For example,

Exhibit A, Page 31, a letter from a Leah Rosen.

In part, it says: He would never leave his family

for his own selfish gain. His loyalty to his

family is unwavering, in particular to his autistic

son, Moshe.

Additionally, Your Honor, at Exhibit A,

Page 33, Rabbi Benjaminson writes in part: Sholom

Rubashkin is a man of character who will never put


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the rest of the Jewish nation in jeopardy by being

a flight risk.

Significantly, Your Honor, at Exhibit A,

Page 56, a letter from -- I'm sorry, I can't

pronounce it, but I'll spell it,

T-S-Y-M-U-K -- indicating: Dear Judge Reade,

tomorrow -- of course, the letter was written

yesterday -- before you will stand a man who has

been convicted in a controversial case. His

community, his lawyers, his family, his friends

have invested over a year-and-a-half to support him

and work tirelessly. He hasn't tried to run and he

will not run because Sholom Rubashkin is a man of

honor and integrity. Whether you believe he's made

wrong choices or not, he's a man who would never

let down everyone who stands behind him now. He is

a father of ten, a brother, a husband, and a son.

Sholom Rubashkin is not a flight risk. He is a man

who will work through the legal system and deal

with the consequences as he has for the past

year-and-a-half.

That, of course, is confirmed by the

testimony that Mr. Rubashkin gave to the Court on

direct examination.

Finally, Your Honor, a letter, Exhibit A,


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Page 103, of Mendy Balkany. It says in part: My

dealings have shown me that his word and his

handshake is as good as a written and sealed

contract. If he commits to the bail guidelines,

then those guidelines would be followed to the

written letter of the law.

In conclusion, Your Honor, at Page 85 of

Exhibit A, a letter that reads in part from Lev

Cotlar: I can personally attest to the fact that he

is not a flight risk by any stretch of the

imagination. He is, first and foremost, a dedicated

and loving father and husband. For a man with young

children to run away to a foreign country would be

nothing short of cowardice, unlawfulness, and, most

importantly in Mr. Rubashkin's eyes, shirking

parental responsibility in the most severe fashion.

Your Honor, we submit that this man's

history and characteristics as a person, including

his character, his family ties, his religious

dedication, and the evidence we presented here by

testimony and through exhibits demonstrate beyond

clear and convincing evidence that he is not likely

to flee, nor pose a danger to the community, and we

would respectfully request, Your Honor, that he be

granted bail pending the second trial and any


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sentencing.

Thank you, Your Honor.

THE COURT: Mr. Deegan.

MR. DEEGAN: Thank you, Your Honor. And

I'll be brief and try not to repeat too much of

what's in my memo. The fact is, the defendant

really doesn't have any -- he has very few

substantial ties to Iowa and the Postville

community. He no longer works. He no longer has

his father's company to run. And it appears that

during the time he's been on release, he's been

actively involved in preparing for his defense.

But in addition, it appears he's been doing some

volunteer work at the school. That's not the type

of substantial tie to the community that should

give the Court any sort of assurance regarding his

appearance.

With regard to his family ties, the fact

that he's a father of ten, he's got grandchildren,

the letters saying he would never leave his family,

Your Honor, that actually cuts in favor of

detaining the defendant. The -- that whole

argument assumes that he wouldn't flee with his

family. The fact is that he does have a motivation

not to show up for sentencing, in large part


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because of -- because it would mean a separation

from that very family.

As far as community and financial

support, that financial support could provide a

means for the defendant's flight, and that's

something that the Court ought to factor in as

well.

At the end of the day, Your Honor, the

defendant simply has a far greater motive to flee

now that he's been convicted than he did

previously. The Court did find that he committed

bank fraud during his prior period of release.

While he spent his time preparing for -- to contest

the most serious charges in the indictment, that's

done now. He has been convicted, and he no longer

has that motivation to show up in front of the jury

and make his case. Now all that's left, the only

alternative is, "Am I going to show up for

sentencing and serve time in prison or not?" So

the question for today is, "Will he voluntarily

show up? Is there clear and convincing evidence

that this defendant, having no other alternative,

will, in fact, choose to be separated from his

family and go to prison?" The government asks the

Court to consider the choices the defendant has


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made previously when he was all out of options. In

the spring of 2008, when he learned Immigration was

coming, his involvement in creating new fake IDs to

try to make these folks look as if they were

documented; his decision to gather up the Hunt

I-9s, which would incriminate him as well, so they

couldn't be used as evidence against him; giving

Hosam Amara $4,000 and telling him it would be

better if he just left; paying for flights out of

the country for Shlomo ben Chaim and his family.

And then later on in the fall of 2008 when it's

clear that his fraud was going to be exposed, he

gathers up the evidence, the fake invoices, the

bills of lading, the copies of checks, the thumb

drive, all so that that can't be used as evidence

against him.

And, Your Honor, I'd ask that the Court

consider those actions that the defendant took,

again, when there was no more option of just

letting that stuff being discovered in -- be

discovered in his mind, the actions that he's taken

repeatedly in this case to obstruct justice. And

then finally, Your Honor, when he took the stand at

trial and here today, his testimony under oath --

and, Your Honor, I don't want to belabor going over


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in detail his testimony, but there were certain

things that were, in fact, very inconsistent, both

in his testimony today and with his testimony

previously. That's the true Sholom Rubashkin, Your

Honor, that you have to consider, the man who

testifies the way he did in the argumentative and

combative manner in which he did today and at the

trial, and in a way that simply will -- a man that

will simply say whatever suits him at the moment.

Your Honor, that's an offense. That's a

felony offense. And he did it right here in your

courtroom. And, Your Honor, I don't think you can

give that too much weight in considering what the

likelihood is that he is going to, in fact, comply

with terms of release and show up.

The Court has previously found that he

was a flight risk. And while he did appear for

trial to fight, again, those most serious charges,

again, that's now over, and it's the appearance for

sentencing that's the toughest, Your Honor. That's

the one where he has to be separated from his

family. That's the one that really counts. And

the government asks that the Court decline to find

by clear and convincing evidence that he's not a

risk of flight.


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THE COURT: Any rebuttal?

MR. COOK: I would simply say this, very

briefly, Your Honor, that bail is not to be

punitive. Bail is to ensure the defendant's

appearance at court proceedings. This man will not

flee. The evidence is overwhelming. He will not

flee. At the time of sentencing, the Court can

deal with punitive issues that are important to the

facts of this case.

THE COURT: All right. The Court will

take the issue under advisement and get a ruling

out as soon as possible.

Let's talk just for a minute about the

second trial. Is there going to be a second trial?

And I selfishly ask you that because I've been gone

for weeks, and my work has piled up in spite of

working long distance. There are trials that I

have to make arrangements for.

MR. DEEGAN: Your Honor, I appreciate the

Court's question. I simply don't have an answer

for you as I sit here today. I can tell you that

there's discussions going on within the office.

There are some discussions with the defense as

well. And that -- we expect that we ought to have

a decision soon. Right now, we are, in fact,


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continuing to work on jury instructions and

preparing for trial.

THE COURT: All right. Very fine. Well,

you know that I would appreciate knowing as soon as

you do. I've got particularly one case that I've

been kind of pushing that's a criminal case, and

it's the type of case I don't want to ask another

judge to try. I would like to try it. And so let

me know as soon as you can.

How are we doing on instructions? Did

we -- I know we kind of suspended the rules, so

what's the new timeline?

MR. COLE: We have, Your Honor. I've

been working with Mr. Zenor on those. I haven't

been able to get in touch with him the last couple

of days. We have a number of instructions that are

agreed upon. There's a couple that we haven't

agreed to yet. I'm waiting on his proposal to

stick in for one filing, but they're substantially

less than what they were in the first trial.

THE COURT: That's good, because that

just about killed me off, reading all those. All

right. Then we're still on board to have a

pretrial, and that's on Tuesday, right? Monday's

the travel day. I didn't want to cut you too short


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on Thanksgiving --

MR. COLE: That's correct.

THE COURT: -- since I've already taken

you away from your families. So Tuesday, at 1:30,

Sioux Falls, South Dakota, final pretrial. If you

want me to decide motions ahead of time so that you

know the direction of the trial, we probably ought

to get those on file. Any rulings that I made in

the prior trial remain in full force and effect.

You don't have to reassert them. So go back and

look at your motions in limine and the Court's

orders on those. And then if there are any new

ones, we'll be -- you know, I can take those up

maybe yet this week by telephone conference call or

something, if you need an answer right away.

MR. DEEGAN: And, Your Honor, just to

confirm for the purposes of subpoenas, I believe we

spoke earlier about picking the jury that first

week, perhaps doing preliminary instructions and

openings. When would the Court like to start the

government's evidence?

THE COURT: I think we should just plan

that we'll start that next Monday, and then we

won't have witnesses sitting around. I don't have

a feel, frankly, for the difficulty in impanelling


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a jury. I am hopeful that we won't have any more

trouble than we did the first time, because there

has not been the type of publicity up there that

there has been in Iowa, and so I'm hopeful that it

will go well. Just like the last trial, there will

be a group of jurors summoned for that first day,

and then if we need them, we've got stand-by people

the next day to come in, so I think we'll have

enough jurors to pick a fair and impartial jury.

And because of all the flu and everything, I'm

leaning toward having four alternates again. We

lucked out. We only lost one to the flu the last

trial.

Did I understand somewhere that you're

thinking that this trial would be a shorter trial,

or should I plan for four weeks?

MR. DEEGAN: Your Honor, I expect that

the government's case would be more in the line of

a week, a little more perhaps, depending on

cross-examination, so I would hope that it could be

all wrapped up within three. Now, that's not

accounting for the first few days in that first

week, so perhaps that does equal four.

THE COURT: Do you have a feel for it,

Mr. Brown, Mr. Cook?


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MR. BROWN: Your Honor, I think our

witness list would be comparable to the last case,

but there will some more offer-of-proof testimony

that will take up some time.

THE COURT: Okay. We can put that in any

time you want.

MR. BROWN: Right.

THE COURT: I guess if we get to

Christmas week, we'll have to talk about it and see

what everybody's Christmas plans are and -- does

anybody have tickets to go someplace warm that I

need to know about? No? Well, I don't either, so

it looks like we'll be able to take time off for

Christmas Eve and Christmas, and then, if

necessary, go back and finish it that next week.

I'm sure our jurors will be interested in what our

schedule is.

All right. Anything else that I can do?

I'm sorry, yesterday we had a meltdown here.

Somebody cut a telephone line down the road, and we

had no IT yesterday. And so we weren't able to

access a lot of things, and you probably weren't

able to file some things that you wanted to, and my

apologies.

Anything else, Mr. Deegan, Mr. Cole,


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Mr. Williams?

MR. DEEGAN: No, Your Honor. Thank you.

THE COURT: Mr. Cook, Mr. Brown?

MR. COOK: No, Your Honor. I just want

to make sure that the exhibits I've marked get to

the Court.

THE COURT: Sure. Will you just check

with Ms. Haas afterwards and make sure I've got

everything you want me to have?


THE COURT: All right. Thank so much.

(Proceedings concluded at 11:55 a.m.)


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C E R T I F I C A T E

I, Patrice A. Murray, a Certified Shorthand Reporter of the State of Iowa, do hereby certify that at the time and place heretofore indicated, a hearing was held before the Honorable Linda R. Reade; that I reported in shorthand the proceedings of said hearing, reduced the same to print to the best of my ability by means of computer-assisted transcription under my direction and supervision, and that the foregoing transcript is a true record of all proceedings had on the taking of said hearing at the above time and place.

I further certify that I am not related to or employed by any of the parties to this action, and further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action.

IN WITNESS WHEREOF, I have set my hand this 20th day of December, 2009.

/ s / P a t r i c e A. M u r r a y Patrice A. Murray, CSR, RPR, RMR, FCRRUnited States District Court, NDIA4200 C Street S.W.Cedar Rapids, Iowa 52404


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38:10, 38:14, 39:62008 [21] - 5:5, 49:4, 76:18,

77:21, 103:4, 103:10, 105:24, 106:3, 106:9, 107:4, 109:10, 109:13, 109:15, 109:23, 109:24, 110:8, 111:23, 111:25, 112:11, 126:2, 126:112009 [13] - 5:11, 25:17, 85:8,

98:20, 98:21, 99:17, 100:11, 104:13, 104:15, 104:17, 104:18, 112:8, 112:923 [1] - 100:1624 [1] - 101:228 [2] - 112:20, 112:2129 [7] - 99:17, 99:20, 105:24,

106:3, 106:9, 112:14, 113:1

330 [2] - 5:5, 109:2431 [1] - 121:183142 [2] - 115:14, 115:1733 [1] - 121:2437 [1] - 2:4

44 [4] - 2:3, 14:11, 14:12,

83:1243 [2] - 93:3, 93:945 [1] - 24:84:35 [1] - 23:21

55 [8] - 82:21, 82:25, 87:7,

98:20, 99:17, 103:4, 103:1050 [9] - 30:2, 30:6, 30:7,

39:4, 39:23, 46:14, 46:16,

46:17, 72:7500 [1] - 66:2252 [1] - 100:1534 [1] - 92:2156 [1] - 122:4

66 [10] - 2:12, 98:16, 99:5,

99:11, 99:14, 99:16, 102:22, 112:15, 112:16, 112:2160 [2] - 30:2, 39:24600 [2] - 34:17, 83:20608 [1] - 92:1868 [1] - 2:4

77 [10] - 2:12, 23:24, 98:16,

99:5, 99:11, 99:14, 100:10, 101:5, 102:22, 112:1570 [1] - 2:5700 [1] - 34:1773 [1] - 2:575 [1] - 2:6750,000 [1] - 83:18770 [1] - 12:227:40 [1] - 23:257:50 [1] - 23:25

88 [1] - 2:38-1324 [1] - 3:385 [1] - 123:786 [2] - 30:4, 115:1587 [1] - 2:6

99 [1] - 2:492 [3] - 2:16, 2:18, 2:1893 [5] - 2:17, 2:19, 2:19,

2:20, 2:2094 [1] - 2:1695 [9] - 2:16, 2:16, 2:17,

2:18, 2:18, 2:19, 2:19, 2:20, 2:2096 [1] - 2:799 [4] - 2:12, 2:12

AA-1 [4] - 2:16, 94:4, 94:13,

95:13A-2 [5] - 2:17, 14:19, 16:14,

16:17, 16:18A-3 [3] - 2:17, 93:25, 95:13Aaron [3] - 77:14, 77:17,

77:18abide [3] - 21:14, 35:21,


1

69:10abided [1] - 13:6abiding [1] - 73:24ability [4] - 21:23, 62:13,

90:2able [14] - 10:13, 19:10,

19:11, 20:11, 77:3, 79:18, 82:18, 91:15, 105:23, 107:24, 129:15, 132:13, 132:21, 132:23Abrahams [2] - 31:4, 43:20abreast [1] - 12:25absolutely [3] - 18:16,

84:14, 87:15Absolutely [1] - 80:1abuse [2] - 119:10, 119:11Academy [1] - 96:15accept [3] - 38:18, 47:25,

69:14accepting [1] - 26:13accepts [3] - 81:2, 81:6,

81:18access [1] - 132:22accommodate [1] - 39:4accomplished [1] - 13:16accomplishment [1] - 77:8according [1] - 50:9account [7] - 43:1, 59:8,

59:12, 59:25, 101:20, 103:3accountable [2] - 44:1, 44:4accounting [1] - 131:22accounts [2] - 17:12, 74:10accurate [2] - 98:24, 105:11Achs [3] - 59:24, 60:4, 60:6acknowledgment [1] -

116:16acquitted [2] - 21:24, 48:3acronym [1] - 76:5act [1] - 35:7actions [2] - 126:18, 126:21active [1] - 28:22actively [1] - 124:12activities [3] - 11:10, 22:22,

23:17acts [1] - 77:10actual [4] - 64:12, 80:5,

103:9, 115:24Adam [1] - 12:7add [1] - 58:21added [2] - 60:13, 109:16addition [3] - 79:22, 114:5,

124:13additional [5] - 34:25, 35:11,

93:22, 108:21, 114:19Additionally [3] - 118:11,

119:9, 121:23additionally [1] - 116:22additions [5] - 99:1, 102:3,

103:25, 105:15, 106:17


154 of 219

address [4] - 3:17, 20:11, 36:12, 97:22admission [1] - 121:6admitted [1] - 95:12advertisements [1] - 67:19advisement [1] - 128:11affecting [1] - 15:15affirmed [4] - 4:11, 9:13,

70:11, 74:22afforded [1] - 20:18Africa [2] - 77:7, 84:15afterwards [1] - 133:8age [1] - 70:24agency [3] - 103:18, 103:20,

106:15Agent [4] - 95:20, 95:21,

104:8, 108:10agent [3] - 31:22, 32:23,

96:9agents [1] - 96:20ago [5] - 78:21, 78:22,

107:23, 108:11, 108:15agreed [3] - 13:15, 129:17,

129:18agreement [3] - 46:1, 46:5,

47:2Agri [8] - 31:14, 31:15,

44:20, 62:18, 63:4, 63:20, 78:14, 100:8Agriprocessors [22] - 29:8,

29:9, 29:12, 31:13, 43:7, 60:14, 64:4, 64:17, 64:22, 64:23, 65:11, 65:13, 65:18, 67:4, 78:5, 97:7, 97:19, 97:21, 101:14, 104:24, 108:25, 110:19Agriprocessors's [2] - 17:4,

105:9Agristar [1] - 110:19Agudath [2] - 83:22, 84:1ahead [3] - 68:3, 99:24,

130:6ahold [1] - 12:7airline [3] - 7:5, 31:7, 105:25airport [4] - 14:5, 14:10,

14:11, 89:8airports [3] - 6:25, 14:9,

67:19alcohol [2] - 119:10, 119:11alert [1] - 70:14aliens [1] - 38:12alike [1] - 28:25alleged [1] - 120:11Alliance [1] - 83:19allow [2] - 14:6, 19:21allowed [5] - 11:25, 40:19,

63:16, 63:17, 94:9alternates [1] - 131:11alternative [2] - 125:18,

125:22

Althouse [4] - 39:1, 41:9, 61:19, 63:9Amara [33] - 33:13, 33:22,

97:1, 97:15, 97:18, 97:22, 98:1, 98:21, 99:19, 99:23, 100:3, 100:5, 100:12, 100:14, 100:19, 100:20, 100:23, 100:24, 100:25, 101:5, 101:13, 102:20, 102:22, 103:4, 103:5, 103:6, 103:11, 103:12, 104:11, 104:15, 111:11, 112:16, 126:8Amara's [1] - 100:20amazing [4] - 19:6, 19:9,

25:2, 35:14America [13] - 3:2, 16:6,

19:8, 26:17, 76:24, 77:6, 83:12, 83:15, 83:16, 83:19, 84:4, 84:13, 85:20American [9] - 30:21, 30:22,

31:9, 47:22, 48:1, 81:6, 83:18, 86:23, 105:8amount [4] - 51:15, 57:19,

58:9, 81:1amounts [1] - 93:7analyzing [1] - 115:10Anash [4] - 79:2, 79:5, 79:6Animals [1] - 78:7answer [18] - 12:6, 20:9,

40:19, 40:24, 41:17, 45:23, 45:24, 55:24, 55:25, 56:1, 56:3, 60:2, 86:21, 86:22, 86:24, 86:25, 128:20, 130:15answering [1] - 61:3antagonistic [1] - 19:4anyplace [4] - 84:5, 84:9,

118:7anyways [4] - 31:24, 32:21,

67:21, 68:4apart [1] - 15:20Apgen [1] - 67:3apologies [1] - 132:24appeal [15] - 21:11, 21:18,

21:21, 21:23, 82:10, 90:18, 94:6, 94:17, 110:2, 114:3, 115:23, 115:25, 116:3, 119:15, 120:19appear [4] - 31:25, 69:1,

106:2, 127:17appearance [9] - 7:16,

24:20, 34:25, 35:12, 35:22, 121:13, 124:17, 127:19, 128:5appearances [1] - 25:15appeared [1] - 15:22appearing [1] - 14:20apply [2] - 41:16, 99:10applying [1] - 115:13appointed [2] - 11:15, 11:25appreciate [2] - 128:19,

129:4approach [2] - 14:15, 98:13appropriate [1] - 95:1approval [2] - 3:21, 8:17approved [2] - 8:10, 31:6approving [1] - 32:25approximation [1] - 81:24April [16] - 49:13, 50:1, 50:9,

51:1, 51:8, 51:18, 51:25, 52:5, 52:12, 57:14, 57:19, 58:7, 58:19, 58:20, 58:21, 60:18area [7] - 11:25, 18:7, 18:8,

56:17, 76:15, 76:17, 110:12areas [2] - 77:4, 79:10argument [4] - 21:6, 51:4,

114:16, 124:23argumentative [1] - 127:6arguments [2] - 21:10,

115:25arrange [1] - 97:24arrangement [4] - 44:7,

45:15, 45:21, 45:25arrangements [2] - 43:18,

128:18arrested [2] - 50:4, 50:9Arrival [1] - 106:13arrival [1] - 111:24arrived [1] - 12:25article [5] - 14:20, 14:23,

14:24, 15:9, 15:22Asia [2] - 77:6aside [1] - 83:6aspects [1] - 91:22asserting [1] - 94:10assessed [1] - 93:8assigned [1] - 105:10assist [2] - 3:24, 18:3assisting [2] - 17:25, 79:22assume [1] - 91:7assumes [1] - 124:23assuming [1] - 53:7assumption [1] - 50:14assurance [1] - 124:16assured [1] - 63:3attached [2] - 72:13attaches [1] - 117:2attachment [2] - 72:24Attaché [1] - 103:17attempt [1] - 110:10attempted [1] - 110:15attempting [1] - 111:1attend [3] - 85:25, 86:15,

88:7attention [4] - 14:19, 15:23,

100:10, 100:16attest [1] - 123:9attested [1] - 37:21attorneys [2] - 3:4, 5:22


2

August [3] - 104:13, 104:18, 112:9Ausas [1] - 108:18Australia [3] - 84:18, 84:20,

84:21authorization [1] - 6:1Autism [1] - 26:16autism [1] - 26:19autistic [2] - 27:24, 121:21available [2] - 18:8, 92:4Aviv [1] - 106:4avoid [2] - 47:18, 47:20awaiting [1] - 120:24aware [11] - 7:4, 84:6, 85:6,

90:20, 91:9, 91:12, 91:19, 109:9, 114:25, 120:20, 120:23

Bbackground [2] - 75:8,

75:19backup [1] - 67:21bail [31] - 12:1, 19:13, 19:16,

19:22, 19:24, 25:10, 34:25, 48:6, 69:1, 69:3, 69:9, 73:4, 85:17, 85:23, 91:5, 91:8, 93:5, 93:18, 94:6, 94:9, 94:18, 95:1, 116:13, 119:22, 120:1, 120:5, 120:17, 121:4, 123:4, 123:25, 128:3Bail [1] - 128:4Balkany [1] - 123:1Baltimore [1] - 82:25Bank [6] - 45:14, 46:21,

51:8, 101:20, 103:2, 107:8bank [12] - 17:12, 48:13,

48:16, 49:6, 58:2, 58:5, 74:9, 91:18, 108:12, 108:16, 116:6, 125:12bankruptcy [3] - 11:13,

17:7, 17:11based [5] - 102:14, 114:18,

116:23, 119:23, 119:24Based [2] - 73:1, 111:12basis [2] - 22:4, 80:13bastions [1] - 80:22beautiful [2] - 15:20, 28:12became [6] - 15:24, 16:11,

27:14, 29:12, 78:16, 79:13become [2] - 29:12, 96:17beef [3] - 30:9, 32:6, 32:17beforehand [1] - 33:19begin [4] - 5:4, 26:13, 70:13,

96:25behalf [2] - 76:23, 78:5behavior [4] - 10:24, 11:1,

71:19, 71:21behind [1] - 122:16Beijing [1] - 84:25


155 of 219

belabor [2] - 121:14, 126:25belief [2] - 81:11, 119:25believes [2] - 80:24, 81:10ben [21] - 29:7, 29:11, 37:9,

42:9, 42:13, 45:22, 46:11, 46:22, 61:18, 61:21, 104:20, 106:1, 106:2, 107:2, 107:12, 107:13, 107:14, 108:1, 109:7, 113:19, 126:10bench [1] - 3:14Benjaminson [1] - 121:24Bensasson [3] - 52:10,

121:1, 121:5Bensimon [1] - 11:9Ber [1] - 75:4Best [1] - 11:14best [6] - 12:13, 70:17,

89:19, 90:1, 90:2, 100:22bet [7] - 52:21, 52:23, 55:5,

55:6, 63:4, 63:5better [5] - 11:2, 11:3, 22:23,

111:7, 126:9between [4] - 17:14, 27:20,

100:18, 109:23Beyond [1] - 118:16beyond [5] - 28:8, 65:7,

120:3, 123:21big [5] - 24:11, 72:6, 72:24,

85:1, 85:13biggest [1] - 36:20bill [4] - 42:23, 56:15, 56:22Billmeyer [3] - 38:17, 40:12,

121:2Billmeyer's [1] - 41:6bills [8] - 53:2, 56:8, 56:18,

56:25, 57:5, 57:12, 79:23, 126:14birth [3] - 104:2, 106:19,

112:2bit [10] - 10:9, 11:12, 11:15,

13:25, 14:1, 27:19, 29:3, 29:15, 82:8, 88:18blame [2] - 51:13, 58:19blaming [1] - 58:15blessed [1] - 89:15block [1] - 87:14board [1] - 129:23bond [3] - 28:7, 28:8, 28:9book [5] - 31:5, 32:24, 59:5,

83:6booklet [1] - 83:11books [1] - 49:14border [1] - 104:18born [1] - 70:25Borough [4] - 12:22, 30:24,

30:25, 85:13bottom [1] - 40:22Bottom [2] - 43:22, 89:22bought [3] - 29:15, 45:10,

111:7

bound [1] - 83:6box [1] - 84:2boxes [2] - 55:7, 63:5boy [2] - 27:17, 57:17boys [1] - 72:5bracelet [2] - 7:10, 7:17break [3] - 48:25, 69:24,

91:7breakdown [1] - 33:25bridge [1] - 28:3brief [7] - 5:8, 44:24, 70:2,

108:17, 114:18, 114:23, 124:5briefed [1] - 114:13briefly [3] - 18:2, 75:7, 128:3Briefly [2] - 8:4, 95:17bring [1] - 28:4brings [1] - 93:25broad [4] - 56:15, 56:17,

78:1, 89:25Brooklyn [6] - 75:10, 76:9,

76:15, 76:16, 83:9, 85:13brother [5] - 23:13, 46:14,

84:15, 84:17, 122:17brother-in-law [1] - 84:17brothers [1] - 77:13brought [3] - 33:23, 54:15,

65:3Brown [25] - 3:7, 4:15, 8:1,

9:1, 9:2, 70:4, 74:18, 75:2, 87:18, 92:10, 99:6, 102:7, 104:5, 105:19, 106:22, 108:7, 108:9, 113:12, 113:23, 114:9, 114:16, 131:25, 132:1, 132:7, 133:3build [1] - 28:3burden [3] - 3:6, 115:1,

115:13business [9] - 31:12, 59:14,

77:25, 78:3, 85:2, 103:23, 106:15, 113:4, 113:9buy [2] - 30:19, 31:18buying [2] - 33:2, 44:22bye [1] - 42:19

Ccabinets [1] - 55:11California [2] - 68:10, 68:11Canada [4] - 36:19, 36:21,

71:4, 110:3cannot [1] - 44:1cap [1] - 30:7capacity [2] - 4:22, 4:24capped [2] - 29:19, 30:3captive [1] - 35:16car [5] - 13:18, 13:23, 13:25,

36:16, 111:7card [9] - 32:22, 43:23,

43:24, 44:2, 44:4, 44:5,

105:8, 105:9cards [2] - 30:18care [13] - 18:5, 30:8, 32:24,

33:1, 38:19, 38:20, 42:21, 43:21, 58:2, 58:5, 58:6, 60:15, 71:13careful [1] - 25:3carefully [2] - 19:23, 21:17case [43] - 3:2, 3:3, 6:5,

14:21, 14:22, 15:10, 15:15, 15:23, 16:22, 17:22, 17:25, 18:4, 18:9, 19:25, 20:20, 25:24, 33:24, 48:19, 65:9, 82:10, 84:21, 84:22, 85:15, 90:16, 90:17, 90:18, 96:20, 96:21, 97:12, 100:7, 114:4, 116:23, 117:1, 122:9, 125:17, 126:22, 128:9, 129:5, 129:6, 129:7, 131:18, 132:2cases [1] - 16:22cash [4] - 101:18, 101:21,

101:23, 103:9category [1] - 56:15caused [1] - 116:18Cds [1] - 17:11Cedar [2] - 85:8, 85:21Center [1] - 26:17certain [7] - 3:18, 20:23,

62:13, 81:1, 94:18, 104:24, 127:1certainly [2] - 42:10, 121:14certainty [2] - 86:12, 120:4Chabad [3] - 19:1, 19:5,

78:25Chaim [23] - 29:7, 29:11,

31:4, 37:9, 42:9, 42:13, 43:18, 43:20, 45:22, 46:22, 61:18, 61:21, 104:20, 106:1, 106:2, 107:2, 107:12, 107:13, 107:14, 108:1, 109:7, 113:19, 126:10Chaim's [1] - 46:11chairman [1] - 76:2challenges [1] - 78:6challenging [1] - 81:2chance [2] - 69:13, 107:7change [1] - 45:24changed [2] - 68:25, 116:10changes [1] - 114:25chaos [1] - 65:2character [7] - 93:13, 94:23,

117:13, 118:1, 118:3, 121:25, 123:19characteristics [2] - 117:9,

123:18characterize [2] - 87:6,

111:10charge [5] - 5:8, 29:22, 44:6,

71:16, 71:17charged [6] - 20:7, 20:8,


3

32:22, 45:6, 65:1charges [13] - 15:11, 15:23,

21:25, 25:17, 36:4, 69:6, 69:8, 78:19, 116:17, 117:1, 120:12, 125:14, 127:18charity [2] - 77:10, 119:5Chase [1] - 30:22Chaya [1] - 23:13check [14] - 5:18, 5:20, 7:7,

33:19, 33:22, 58:10, 58:14, 58:24, 59:9, 59:11, 101:12, 102:15, 102:17, 133:7check-in [1] - 5:20checks [15] - 51:6, 51:7,

51:18, 52:20, 57:15, 58:8, 58:22, 59:6, 59:7, 59:16, 60:12, 60:25, 61:8, 102:12, 126:14Checks [1] - 83:1Chicago [5] - 22:12, 23:14,

106:4, 107:3chicken [2] - 32:11, 32:17chickens [2] - 17:8, 17:9children [4] - 10:11, 72:19,

118:16, 123:13China [2] - 84:23choices [2] - 122:15, 125:25choose [2] - 118:8, 125:23Christmas [4] - 132:9,

132:10, 132:14Cincinnati [1] - 14:8Citibank [1] - 30:22cities [1] - 85:1citizen [1] - 48:1Citizens [2] - 101:20, 103:1citizens [2] - 73:24City [5] - 60:6, 60:7, 63:23,

66:20, 77:1city [2] - 76:25, 80:22Cj [1] - 60:23claimed [1] - 65:12class [3] - 72:6, 76:12classes [2] - 72:7, 72:8clean [1] - 29:20clear [13] - 21:1, 32:21,

37:22, 39:6, 91:9, 115:2, 115:7, 115:24, 120:15, 123:22, 125:21, 126:12, 127:24cleared [1] - 7:20clearer [1] - 29:13clearly [1] - 69:8clicked [1] - 10:23close [1] - 28:21closed [1] - 27:25closely [2] - 17:10, 80:5closes [1] - 114:12Club [1] - 30:23coaching [1] - 27:16


156 of 219

Code [3] - 116:8, 117:8, 118:12codefendant [1] - 97:12cognizant [1] - 80:15Cohen [5] - 37:20, 37:25,

39:5, 39:16, 40:6Cohen's [1] - 39:10Cole [15] - 96:4, 98:13, 99:4,

102:5, 104:4, 105:17, 106:20, 108:4, 113:14, 113:15, 113:17, 113:21, 129:13, 130:2, 132:25collate [1] - 42:24collect [1] - 78:17collecting [1] - 67:6collection [1] - 64:13college [1] - 73:22combative [1] - 127:7coming [11] - 22:11, 23:5,

31:24, 32:19, 34:2, 36:19, 38:17, 68:1, 83:2, 83:24, 126:3commenced [1] - 9:22comment [2] - 66:16, 66:18commits [1] - 123:4committed [6] - 48:13,

48:16, 49:6, 90:21, 91:18, 125:11committee [8] - 8:21, 18:3,

78:22, 79:1, 79:8, 82:1, 82:13, 89:12Committee [6] - 76:1, 76:3,

76:6, 79:1, 79:5, 82:16common [1] - 16:7communities [1] - 22:8Community [1] - 78:10community [43] - 15:20,

15:25, 17:15, 17:16, 18:20, 18:21, 18:22, 23:8, 23:10, 28:23, 75:17, 75:19, 75:23, 76:8, 76:10, 76:14, 77:9, 77:23, 78:9, 78:24, 78:25, 79:14, 80:19, 84:12, 85:13, 85:20, 86:25, 88:18, 89:23, 94:24, 115:5, 118:6, 118:19, 118:21, 119:4, 119:20, 120:17, 122:10, 123:23, 124:9, 124:15, 125:3companies [6] - 11:12, 64:3,

64:17, 64:23, 65:18, 67:3company [7] - 17:6, 30:19,

30:24, 59:12, 59:13, 85:3, 124:10company's [1] - 65:4comparable [1] - 132:2complaints [1] - 78:14compliance [1] - 24:19complied [3] - 12:24, 120:1,

120:10complies [1] - 120:4

comply [6] - 13:10, 24:24, 25:9, 27:2, 68:25, 127:14complying [1] - 12:15compound [1] - 36:14computer [1] - 67:21concept [2] - 40:14, 40:15Concerned [2] - 79:1, 79:6concerned [1] - 117:16concluded [1] - 133:12Concluded [1] - 75:10conclusion [1] - 123:7concrete [1] - 120:2conditions [5] - 12:14, 48:6,

86:14, 90:8, 94:19conduct [2] - 120:11, 120:12conduit [2] - 79:17, 80:8conference [2] - 69:11,

130:14confines [1] - 13:14confirm [3] - 104:14,

104:16, 130:17confirmed [2] - 100:23,

122:22confused [1] - 63:25congregation [1] - 75:24Congregations [1] - 83:14conjunction [1] - 29:8connect [1] - 79:18connected [1] - 74:3connections [1] - 77:1consequences [1] - 122:20consider [5] - 28:9, 119:9,

125:25, 126:18, 127:5considerable [6] - 34:12,

34:16, 34:18, 117:10, 117:20, 118:9considering [1] - 127:13conspiracy [1] - 117:3consultation [1] - 79:24contact [5] - 5:23, 97:24,

98:2, 110:11, 110:15contacted [3] - 97:23, 98:4,

110:18contain [2] - 3:15, 108:21contained [1] - 104:8contemplated [1] - 36:11contest [1] - 125:13context [2] - 51:5, 61:2continue [1] - 21:6continued [2] - 75:13,

110:10continues [1] - 101:2continuing [1] - 129:1contract [1] - 123:4contributors [1] - 81:25controversial [1] - 122:9convention [1] - 83:24conversation [11] - 53:10,

99:16, 100:11, 100:12,

100:18, 101:2, 102:21, 107:17, 107:21, 107:25, 108:15conversations [6] - 97:18,

101:4, 107:7, 107:10, 110:25, 111:12convicted [9] - 115:15,

115:19, 116:11, 116:20, 119:13, 121:3, 122:9, 125:10, 125:15conviction [3] - 114:14,

115:1, 119:12convincing [6] - 115:2,

115:7, 120:16, 123:22, 125:21, 127:24Cook [34] - 3:7, 3:9, 4:2, 4:6,

9:7, 9:16, 14:15, 16:10, 16:13, 16:19, 37:1, 40:17, 41:13, 41:18, 68:20, 68:23, 69:17, 70:4, 70:6, 70:13, 70:19, 73:14, 74:15, 92:14, 114:9, 114:10, 114:16, 114:17, 114:22, 128:2, 131:25, 133:3, 133:4, 133:10cooperate [1] - 111:1coordinated [2] - 16:23,

18:14copies [10] - 3:11, 3:12,

3:14, 51:18, 52:20, 61:24, 63:7, 63:8, 92:16, 126:14copy [5] - 55:4, 62:15,

62:16, 68:11, 105:11copy's [1] - 68:9correct [67] - 37:13, 39:2,

39:15, 39:16, 40:12, 41:7, 41:8, 41:25, 42:4, 43:8, 44:9, 46:16, 46:23, 47:6, 47:11, 47:18, 47:21, 48:11, 48:14, 48:18, 49:1, 49:8, 49:9, 49:15, 50:7, 51:10, 51:14, 51:19, 56:9, 56:13, 57:15, 58:9, 59:9, 59:17, 59:21, 60:13, 61:1, 61:9, 61:20, 63:11, 63:15, 63:20, 64:5, 64:17, 64:20, 65:19, 67:6, 67:8, 67:25, 88:2, 88:8, 88:15, 88:19, 88:23, 89:24, 90:10, 90:23, 96:22, 96:23, 100:24, 109:18, 110:24, 112:25, 113:7, 130:2Correct [12] - 48:8, 48:12,

56:10, 96:16, 101:3, 101:16, 103:13, 103:19, 103:22, 107:6, 111:21, 113:5correctly [2] - 58:18, 90:13corresponds [1] - 102:21cost [1] - 43:2costs [1] - 18:6Cotlar [1] - 123:9Cottonballs [2] - 11:14, 17:7


4

counsel [1] - 3:15counting [1] - 27:12country [14] - 10:12, 33:8,

33:10, 42:10, 46:23, 73:25, 79:19, 80:4, 109:22, 112:2, 112:4, 119:21, 123:13, 126:10counts [2] - 115:16, 127:22couple [7] - 68:20, 96:24,

106:18, 108:11, 108:15, 129:15, 129:17course [16] - 20:21, 26:2,

26:22, 63:16, 76:4, 76:11, 101:25, 103:23, 114:24, 115:10, 115:16, 115:19, 116:19, 118:1, 122:7, 122:22court [31] - 11:15, 11:25,

19:25, 20:19, 22:18, 22:22, 22:25, 23:14, 23:15, 23:18, 23:20, 24:1, 24:5, 24:15, 24:19, 24:20, 24:24, 25:9, 25:15, 33:23, 36:24, 47:23, 48:19, 65:9, 69:2, 78:20, 79:4, 86:15, 118:4, 128:5Court [134] - 3:1, 3:11, 3:13,

3:24, 3:25, 4:5, 4:8, 4:12, 8:3, 9:1, 9:4, 9:9, 9:14, 14:16, 16:17, 19:17, 19:20, 21:14, 21:21, 25:10, 28:14, 29:3, 34:14, 35:11, 35:21, 37:3, 38:8, 40:23, 41:2, 41:15, 47:13, 55:25, 56:5, 68:18, 69:4, 69:9, 69:10, 69:12, 69:14, 69:20, 69:23, 70:3, 70:8, 70:12, 70:14, 73:3, 73:4, 73:16, 74:14, 74:16, 74:19, 74:23, 75:7, 75:15, 81:16, 87:17, 87:20, 91:17, 92:9, 92:11, 92:16, 93:11, 94:5, 94:16, 94:18, 94:20, 94:21, 94:25, 95:6, 95:10, 95:11, 95:15, 95:18, 95:21, 96:1, 98:14, 99:8, 99:11, 99:13, 102:8, 104:6, 105:20, 106:23, 108:6, 113:14, 113:22, 113:24, 114:8, 114:11, 114:14, 114:21, 115:2, 115:6, 115:8, 115:10, 115:13, 115:20, 116:9, 116:13, 117:21, 118:13, 118:22, 118:24, 119:2, 119:8, 119:17, 119:22, 121:15, 122:23, 124:3, 124:16, 125:6, 125:11, 125:25, 126:17, 127:16, 127:23, 128:1, 128:7, 128:10, 129:3, 129:21, 130:3, 130:20, 130:22, 131:24, 132:5, 132:8, 133:3, 133:6, 133:7, 133:11court's [1] - 25:3


157 of 219

Court's [11] - 3:14, 3:20, 114:25, 116:24, 117:5, 120:5, 120:22, 121:15, 128:20, 130:11court-appointed [2] - 11:15,

11:25courtesy [2] - 3:12, 92:16courtroom [5] - 22:4, 22:24,

53:9, 88:1, 127:12courts [2] - 25:24, 81:6cover [3] - 59:12, 59:14,

82:3cowardice [2] - 36:9, 123:14create [1] - 66:14created [4] - 65:17, 65:20,

65:21, 66:2creating [2] - 66:19, 126:3credibility [2] - 55:19, 65:8credit [8] - 30:18, 30:20,

31:16, 43:23, 43:24, 105:8, 105:9credits [3] - 64:8, 64:10,

66:21Credits [1] - 64:8crime [5] - 115:17, 115:18,

116:5, 116:21, 121:7crimes [2] - 109:16, 109:17criminal [7] - 47:13, 94:24,

118:5, 119:10, 119:12, 120:11, 129:6cross [2] - 55:23, 131:20Cross [10] - 8:3, 8:5, 37:4,

37:6, 73:16, 73:17, 87:20, 87:22, 108:6, 108:8cross-examination [2] -

55:23, 131:20Cross-examination [9] - 8:3,

8:5, 37:4, 37:6, 73:17, 87:20, 87:22, 108:6, 108:8cunning [1] - 111:14current [1] - 97:19custody [1] - 20:3customer [6] - 50:6, 51:2,

51:6, 51:7, 59:7, 59:11Customs [1] - 96:10cut [2] - 129:25, 132:20cuts [1] - 124:21

DD-1 [3] - 2:19, 93:6, 95:14daily [1] - 22:4Dakota [2] - 23:1, 130:5Dakotan [1] - 23:12danger [3] - 115:4, 120:17,

123:23Darlis [4] - 53:1, 53:9, 54:9,

54:22data [1] - 67:3date [5] - 46:3, 101:24,

103:10, 104:2, 106:8dated [1] - 103:4dates [1] - 106:19David [1] - 94:4days [4] - 86:3, 88:7,

129:16, 131:22de [1] - 24:21de-malkhuta [1] - 24:21deal [7] - 15:10, 26:22,

46:20, 91:21, 111:2, 122:19, 128:8dealing [1] - 15:16dealings [1] - 123:2dean [2] - 11:5, 11:7Dean [1] - 71:13Dear [1] - 122:6debt [1] - 59:15December [5] - 25:17, 25:19,

25:20, 25:21, 116:25decide [1] - 130:6decided [3] - 62:11, 62:12,

66:7decipher [2] - 38:23, 52:17decision [2] - 126:5, 128:25decline [1] - 127:23Decorah [3] - 29:22, 51:8,

57:15dedicated [1] - 123:11dedication [1] - 123:20Deegan [30] - 3:15, 8:4, 8:6,

8:24, 16:15, 37:4, 37:5, 37:7, 40:20, 41:3, 56:2, 68:16, 68:24, 69:19, 87:21, 87:23, 92:7, 95:7, 95:9, 95:15, 95:17, 95:19, 114:1, 124:3, 124:4, 128:19, 130:16, 131:17, 132:25, 133:2defend [2] - 20:18, 82:1defendant [16] - 3:6, 88:11,

88:17, 92:22, 100:7, 100:19, 100:24, 115:1, 115:23, 118:5, 124:6, 124:22, 125:9, 125:22, 125:25, 126:18Defendant's [3] - 16:14,

93:6, 117:14defendant's [4] - 94:23,

116:15, 125:5, 128:4defendants [1] - 120:23defender [1] - 78:14defense [10] - 8:22, 14:22,

16:21, 20:17, 21:6, 78:18, 82:15, 88:12, 124:12, 128:23Definitely [2] - 46:8, 84:8definitely [2] - 31:7, 45:5defraud [1] - 61:9degree [1] - 86:12deletions [5] - 99:1, 102:3,

103:25, 105:15, 106:17demonstrate [3] - 115:2,

117:12, 123:21

demonstrated [2] - 119:6, 121:12departed [1] - 107:3department [5] - 82:7, 97:6,

97:11, 100:8, 100:9Department [1] - 106:12departure [4] - 33:15, 99:20,

99:22, 100:20Departure [1] - 106:13deposit [5] - 51:8, 51:9,

57:15, 101:19, 103:2deposited [1] - 59:12deposits [5] - 58:8, 58:22,

59:20, 60:4, 60:13depth [1] - 81:11Des [2] - 6:5, 11:22describe [2] - 24:3, 50:19described [1] - 14:4describing [2] - 15:10,

50:18description [1] - 50:16descriptive [1] - 93:13desk [2] - 51:21, 52:2detail [1] - 127:1details [2] - 47:24, 90:24detained [2] - 5:7, 5:12detaining [1] - 124:22detention [7] - 3:5, 41:16,

99:9, 110:2, 114:3, 114:12, 116:12determine [1] - 107:24determined [1] - 5:15determining [1] - 120:15Detroit [1] - 14:7developed [2] - 11:2, 28:7developing [2] - 28:23development [1] - 119:1device [3] - 7:11, 20:4, 20:5dictates [1] - 120:5different [10] - 18:20, 18:23,

19:7, 22:8, 50:20, 67:3, 67:6, 79:18, 79:19, 93:16differently [1] - 47:14difficulty [1] - 130:25dina [2] - 24:21, 24:22Diners [1] - 30:23diplomatic [1] - 103:19direct [5] - 14:19, 43:16,

47:4, 48:5, 122:24Direct [5] - 4:14, 9:15, 70:18,

75:1, 96:3Directed [1] - 119:14directed [3] - 20:25, 56:3,

115:20direction [5] - 13:2, 51:11,

61:3, 87:14, 130:7directions [1] - 12:4directly [1] - 43:21director [1] - 84:1


5

discontinued [2] - 108:25, 109:4discovered [2] - 126:20,

126:21discrepancy [1] - 65:14discuss [2] - 65:24, 100:17discussed [5] - 46:20,

46:22, 99:19, 99:20, 100:18discussing [2] - 100:2,

100:3discussion [1] - 60:9discussions [3] - 18:10,

128:22, 128:23disgrace [2] - 36:8, 87:7dishonor [1] - 118:8distance [1] - 128:17diverted [6] - 50:6, 51:2,

51:4, 51:19, 59:7, 59:10divine [2] - 81:7, 81:22document [7] - 103:15,

103:16, 103:18, 103:20, 104:14, 106:19, 117:3documented [1] - 126:5documents [6] - 3:12, 3:17,

33:20, 55:8, 101:25, 111:19Doheny [3] - 63:19, 63:22,

66:20dollars [1] - 65:14donation [1] - 82:24donations [3] - 82:20, 83:4,

84:20done [15] - 17:22, 18:10,

24:10, 24:11, 24:13, 26:20, 33:9, 38:24, 39:11, 41:6, 47:2, 57:17, 59:13, 59:19, 125:15doubt [1] - 120:3down [17] - 9:5, 28:21,

30:10, 32:12, 42:1, 44:19, 50:13, 52:18, 69:21, 74:17, 84:17, 84:22, 87:17, 92:12, 113:25, 122:16, 132:20drag [1] - 40:22drawer [2] - 54:3drive [15] - 13:22, 49:14,

49:20, 50:1, 50:3, 50:5, 50:8, 50:11, 50:25, 51:3, 52:19, 88:22, 89:9, 90:15, 126:15drivers [3] - 13:20, 13:21drivers' [1] - 57:10drug [2] - 119:10, 119:11Dubuque [1] - 85:21duct [1] - 7:19due [1] - 32:6duly [5] - 4:10, 9:12, 70:10,

74:21, 95:24during [11] - 5:14, 7:13,

7:23, 22:3, 48:17, 86:3, 88:2, 93:22, 113:8, 124:11, 125:12duties [1] - 71:12


158 of 219

Ee-mail [5] - 5:24, 33:2,

97:22, 97:23, 98:1e-mailed [1] - 3:12e-mails [6] - 3:16, 34:10,

92:22, 94:1, 117:12, 119:7early [1] - 49:4East [3] - 75:20, 75:21easy [1] - 59:5eating [1] - 27:4Eaton [2] - 62:4, 62:6echo [1] - 29:4education [1] - 82:7Education [6] - 74:3, 74:4,

74:5, 75:25, 76:2, 82:17Education's [1] - 74:9educational [3] - 74:12,

75:8, 118:23effect [1] - 130:9effort [1] - 88:10efforts [1] - 15:10eight [5] - 12:23, 23:20,

32:18, 106:7, 112:6eighteen [1] - 28:22either [15] - 10:3, 10:4,

10:16, 10:20, 12:1, 17:1, 33:24, 35:19, 43:17, 50:12, 84:13, 85:20, 118:24, 118:25, 132:12electronic [1] - 7:11eleven [1] - 69:25eliminated [1] - 32:6Eliyahu [1] - 11:8Elizabeth [8] - 38:17, 38:20,

40:11, 40:14, 41:6, 41:22, 42:7, 121:2elsewhere [1] - 30:15emergency [1] - 30:21employed [5] - 4:21, 96:8,

96:17, 97:3, 97:6employee's [1] - 101:13Employees [1] - 110:20employees [3] - 97:19,

110:21, 111:6employment [1] - 75:16end [4] - 36:25, 81:21,

82:23, 125:8Enforcement [1] - 96:10English [5] - 15:3, 16:2,

70:15, 71:14ensure [2] - 34:25, 128:4enter [1] - 35:9entered [2] - 94:21, 112:4entire [1] - 121:10entirely [1] - 40:20entities [1] - 80:2entrepreneur [1] - 29:15entries [1] - 104:11entry [2] - 112:10, 113:2

equal [1] - 131:23equities [2] - 93:4, 93:8equity [1] - 34:24especially [1] - 72:11essentially [1] - 111:1establish [2] - 10:21, 77:3established [3] - 82:13,

118:13, 118:20estate [1] - 45:17Ethical [1] - 78:6Europe [2] - 83:1Eve [1] - 132:14evening [1] - 3:13event [2] - 12:5, 80:16eventual [2] - 81:3, 81:4eventually [2] - 20:19, 29:8Evidence [2] - 41:16, 99:9evidence [32] - 3:8, 9:6,

51:1, 63:10, 63:21, 70:5, 94:19, 95:16, 114:4, 115:3, 115:8, 116:10, 116:14, 119:3, 119:7, 119:11, 119:24, 120:2, 120:3, 120:4, 120:11, 120:16, 123:20, 123:22, 125:21, 126:7, 126:13, 126:15, 127:24, 128:6, 130:21evidentiary [2] - 114:2,

114:6exact [3] - 61:5, 82:12, 86:6exactly [10] - 11:6, 12:10,

21:4, 39:17, 39:18, 42:15, 46:3, 51:5, 54:6, 66:6Examination [7] - 4:14, 9:15,

68:22, 70:18, 75:1, 96:3, 113:16examination [12] - 8:3, 8:5,

37:4, 37:6, 55:23, 73:17, 87:20, 87:22, 108:6, 108:8, 122:24, 131:20examined [5] - 4:11, 9:13,

70:11, 74:22, 95:25example [2] - 18:25, 121:17excitement [1] - 27:22excuse [2] - 64:21, 66:22Executive [1] - 76:3exhibit [10] - 99:18, 104:1,

104:10, 105:5, 106:17, 107:1, 107:2, 111:18, 112:13, 112:14Exhibit [54] - 2:12, 2:12,

2:13, 2:13, 2:14, 2:14, 2:15, 2:15, 2:16, 2:16, 2:17, 2:17, 2:18, 2:18, 2:19, 2:19, 2:20, 2:20, 14:19, 16:14, 16:18, 92:18, 92:21, 92:25, 93:2, 93:6, 93:11, 93:15, 93:24, 93:25, 94:4, 94:13, 99:16, 100:10, 101:5, 101:8, 102:11, 102:22, 103:15, 104:7, 104:9, 105:5, 105:21, 106:10,

106:11, 106:21, 106:24, 112:21, 117:14, 121:18, 121:23, 122:3, 122:25, 123:8exhibits [7] - 92:15, 95:3,

95:7, 102:3, 114:19, 123:21, 133:5Exhibits [7] - 2:10, 95:13,

98:16, 99:5, 99:11, 99:14, 102:9exists [2] - 76:15, 119:14exited [1] - 104:16exits [1] - 104:12expect [6] - 92:2, 92:3, 92:4,

128:24, 131:17expectation [1] - 119:25expenses [2] - 59:13, 82:4experienced [1] - 18:18experiences [2] - 81:12,

86:18explain [6] - 30:17, 40:5,

47:2, 47:24, 58:16explained [3] - 37:25, 57:16,

67:10explaining [1] - 40:1explanation [1] - 57:1exposed [1] - 126:12express [1] - 86:11Express [4] - 30:22, 30:23,

31:10, 105:9expressed [2] - 34:13, 81:12expressing [1] - 117:25extended [2] - 6:4, 118:22extra [2] - 58:24, 59:9eyes [1] - 123:15

Fface [1] - 36:4fact [13] - 58:13, 62:8, 77:2,

84:19, 88:21, 123:9, 124:6, 124:18, 124:24, 125:23, 127:2, 127:14, 128:25factor [3] - 117:7, 118:20,

125:6factors [6] - 94:25, 115:14,

115:17, 118:12, 119:9, 119:23facts [4] - 49:18, 115:11,

116:23, 128:9factual [1] - 61:15Fair [3] - 46:13, 98:24,

105:11fair [5] - 15:9, 50:17, 76:13,

111:10, 131:9faith [6] - 24:18, 76:11,

80:23, 81:11, 118:17, 119:4fake [3] - 53:3, 126:3,

126:13fall [8] - 7:12, 37:24, 38:10,

39:6, 59:21, 85:8, 109:15,


6

126:11falls [1] - 35:17Falls [6] - 49:17, 86:1, 88:8,

93:14, 117:6, 130:5falsely [1] - 110:7familiar [6] - 76:19, 77:2,

77:9, 84:22, 96:25, 104:19families [1] - 130:4family [40] - 15:14, 15:15,

17:14, 22:25, 23:1, 23:2, 26:13, 28:17, 72:15, 72:16, 76:20, 76:21, 76:23, 77:12, 77:19, 79:11, 79:12, 83:10, 86:10, 86:24, 88:15, 94:23, 106:2, 106:3, 118:12, 118:14, 118:17, 119:19, 121:19, 121:21, 122:10, 123:19, 124:18, 124:20, 124:24, 125:2, 125:24, 126:10, 127:22far [10] - 14:4, 24:16, 30:6,

39:5, 78:8, 78:9, 90:25, 91:23, 125:3, 125:9fashion [1] - 123:16faster [1] - 33:6fatalist [1] - 81:15father [7] - 26:3, 28:8, 78:18,

118:15, 122:17, 123:12, 124:19father's [1] - 124:10father-and-son [1] - 28:8favor [1] - 124:21faxed [1] - 68:13Fbi [3] - 55:5, 63:21, 65:9federal [2] - 78:20, 121:3Feller [1] - 23:9felony [2] - 90:22, 127:11felt [2] - 15:16, 85:15few [12] - 11:16, 13:23,

14:12, 31:14, 45:11, 53:6, 65:13, 72:11, 117:22, 121:17, 124:7, 131:22field [1] - 17:5fifteen [3] - 28:18, 81:17,

118:21fifteen-plus [1] - 28:18fight [3] - 36:8, 66:23,

127:18figure [7] - 28:21, 52:15,

77:15, 77:22, 86:11, 118:3, 119:18figured [1] - 66:8file [10] - 51:20, 53:24,

53:25, 55:10, 62:1, 62:14, 62:19, 62:25, 130:8, 132:23filed [1] - 114:23files [2] - 53:2, 63:17filing [1] - 129:19final [1] - 130:5finally [1] - 126:23


159 of 219

Finally [1] - 122:25financial [7] - 16:21, 109:16,

115:18, 116:6, 116:7, 125:3, 125:4findings [1] - 94:22Fine [1] - 51:12fine [6] - 3:25, 9:2, 12:12,

114:11, 114:21, 129:3finger [1] - 76:13finish [2] - 40:24, 132:15fire [1] - 16:3First [2] - 13:20, 79:10first [28] - 3:10, 4:3, 4:10,

9:12, 13:19, 19:15, 22:25, 36:16, 48:17, 49:3, 52:13, 53:16, 70:10, 74:21, 80:17, 90:16, 91:11, 91:19, 94:6, 95:24, 117:5, 123:11, 129:20, 130:18, 131:2, 131:6, 131:22Fischels [8] - 2:7, 36:16,

95:20, 95:21, 95:23, 96:7, 104:8five [4] - 53:16, 81:17, 84:2,

85:18flat [1] - 60:7fled [1] - 112:7flee [18] - 34:14, 36:3, 69:15,

86:14, 87:9, 109:22, 115:3, 115:7, 115:9, 116:3, 116:18, 118:8, 120:16, 123:23, 124:23, 125:9, 128:6, 128:7fleeing [4] - 28:13, 28:15,

35:9, 120:21flight [8] - 94:10, 107:5,

122:2, 122:18, 123:10, 125:5, 127:17, 127:25flights [1] - 126:9Florida [1] - 58:25flowing [1] - 74:9flu [2] - 131:10, 131:12fluently [1] - 70:16flying [1] - 33:6focused [1] - 82:10folks [3] - 38:16, 39:7, 126:4follow [12] - 19:18, 19:22,

19:24, 22:20, 25:3, 35:25, 48:6, 50:14, 59:1, 87:16, 92:4, 100:11follow-up [1] - 100:11followed [3] - 12:3, 91:1,

123:5following [9] - 7:23, 21:3,

21:4, 21:19, 39:9, 39:10, 78:19, 114:24, 115:21followings [1] - 24:18follows [5] - 4:11, 9:13,

70:11, 74:22, 95:25food [6] - 76:24, 77:4, 84:24,

85:2, 85:4foot [1] - 20:6

force [1] - 130:9forces [1] - 15:19foreign [1] - 123:13foremost [1] - 123:11Forest [1] - 75:18forge [1] - 57:9forget [1] - 99:24Forget [1] - 86:23formed [2] - 78:22, 78:25forms [1] - 104:24forth [1] - 117:14fortunately [2] - 17:13,

17:15forty [1] - 23:5forward [2] - 9:10, 17:22founded [1] - 118:25four [6] - 4:23, 26:12, 83:11,

131:11, 131:16, 131:23fourteen [1] - 32:16fragments [1] - 18:20frame [2] - 12:24, 13:11framework [1] - 79:9Frankly [1] - 120:10frankly [5] - 115:6, 116:15,

117:21, 118:6, 130:25fraud [8] - 48:13, 48:17,

49:6, 91:18, 116:6, 117:4, 125:12, 126:12free [2] - 48:4, 121:4Freedom [3] - 45:14, 46:21,

107:8freezer [1] - 56:20frequent [1] - 5:23frequently [1] - 5:18friends [4] - 22:7, 28:24,

119:19, 122:10front [5] - 60:9, 60:24, 61:7,

64:24, 125:16fulfill [1] - 81:23full [8] - 4:16, 37:24, 38:2,

39:8, 39:14, 55:8, 75:3, 130:9full-time [4] - 37:24, 38:2,

39:8, 39:14fully [1] - 80:15fun [1] - 28:5functioned [1] - 43:6fund [4] - 8:21, 79:22,

101:13, 101:15fundraising [1] - 82:8funds [4] - 74:9, 78:17,

82:18, 82:19Furtherance [2] - 76:1, 82:17

Ggain [2] - 68:10, 121:20garnered [2] - 117:24, 118:9gather [1] - 126:5gathered [2] - 51:17, 89:4gathers [1] - 126:13

gears [3] - 14:17, 16:20, 26:2generally [1] - 7:4generated [1] - 64:4gentleman [3] - 11:7,

108:11, 108:16genuous [1] - 117:16Gidon [4] - 44:21, 45:7,

45:12, 45:16Gidon's [1] - 45:17girls [1] - 64:10girls' [1] - 76:9given [6] - 3:14, 34:17, 69:3,

103:20, 116:2, 120:17Glatt [2] - 63:24, 66:20glean [1] - 105:23global [2] - 65:1, 65:24God [2] - 69:9, 80:23God's [4] - 80:24, 81:2, 81:7,

81:18Good-bye [1] - 42:19goods [1] - 30:20Government [7] - 95:19,

98:15, 99:5, 101:7, 103:14, 105:4, 106:10government [17] - 3:4, 3:11,

17:2, 74:1, 92:17, 93:13, 95:16, 97:20, 99:4, 105:17, 106:20, 114:1, 116:14, 117:15, 117:19, 125:24, 127:23government's [2] - 130:21,

131:18Gps [3] - 6:8, 20:4, 20:5graduate [1] - 96:15Graduated [1] - 75:12graduating [1] - 76:11Graham [1] - 23:1grandchildren [2] - 26:6,

124:19grant [3] - 6:12, 69:9, 94:18granted [3] - 116:13,

119:22, 123:25grave [1] - 89:14great [1] - 77:8greater [1] - 125:9group [3] - 17:24, 79:8,

131:6groups [2] - 19:7, 80:2grow [1] - 17:8growing [1] - 17:9guess [9] - 6:25, 15:6, 16:5,

18:6, 31:21, 35:17, 57:17, 62:20, 132:8guided [1] - 115:11guidelines [2] - 123:4, 123:5guile [1] - 112:1guilty [5] - 53:7, 80:17,

120:24, 121:3, 121:8


7

guns [1] - 56:16Gurkov [9] - 2:5, 11:7, 70:7,

70:9, 70:21, 70:23, 88:5guy [3] - 44:20, 56:20, 65:10guys [6] - 53:15, 55:7, 63:4,

67:13, 97:24, 100:17

HHaas [1] - 133:8half [5] - 4:23, 15:5, 44:25,

122:11, 122:21Hamilton [12] - 49:13, 50:2,

51:1, 51:8, 51:18, 51:25, 52:5, 52:12, 57:14, 58:7, 58:21, 60:18Hamilton's [1] - 50:9hand [2] - 14:18, 95:22handcuffs [1] - 3:22Handing [5] - 98:15, 101:7,

103:14, 105:4, 106:10handshake [1] - 123:3handwritten [2] - 108:14,

108:17happy [5] - 3:7, 10:14,

27:11, 28:1, 28:2hard [7] - 3:11, 18:18, 20:14,

24:2, 55:4, 66:24, 89:1harder [1] - 27:13Hasidic [1] - 18:21Hasidis [1] - 10:20hat [2] - 51:23, 52:7hauling [1] - 17:8Haven [1] - 83:1hazard [1] - 6:25head [2] - 83:13, 83:16headed [2] - 13:9, 14:2heard [8] - 11:20, 41:24,

50:18, 53:12, 66:12, 66:15, 80:23, 116:3hearing [13] - 3:5, 41:16,

85:17, 85:22, 88:2, 93:22, 94:6, 94:16, 95:8, 99:9, 110:2, 114:3, 115:12Hebrew [4] - 15:4, 16:9, 72:4Hecht [10] - 2:6, 17:18,

17:23, 18:3, 18:14, 74:18, 74:20, 75:4, 93:1heighth [1] - 36:10held [3] - 44:1, 44:3, 94:16Hello [2] - 70:8, 74:19help [13] - 17:20, 34:2, 46:7,

72:21, 78:17, 79:9, 79:15, 82:1, 84:21, 88:14, 91:15, 101:1helped [1] - 100:24helping [2] - 79:23, 90:15helps [1] - 72:22Hendry [3] - 53:10, 54:9,

54:23


160 of 219

Hendry's [1] - 53:2Heshy [6] - 31:2, 43:17,

46:14, 46:19, 64:9, 66:23hide [3] - 67:23, 84:10,

118:7Hides [2] - 60:6, 60:7high [3] - 36:7, 75:10, 76:9highway [1] - 13:3Hills [1] - 75:18himself [5] - 31:23, 37:14,

58:11, 58:17, 65:10hire [1] - 40:2hired [1] - 30:6hiring [1] - 38:12history [8] - 75:16, 82:14,

94:24, 117:8, 119:4, 119:10, 119:12, 123:18hitting [1] - 46:2hold [4] - 30:20, 47:9, 56:15,

66:25holidays [1] - 20:9Holy [1] - 93:18home [12] - 10:2, 14:1,

19:20, 19:21, 27:2, 29:1, 35:7, 35:20, 99:21, 112:17, 112:23Homeland [1] - 106:13homes [3] - 34:24, 93:4,

93:9honest [1] - 117:18Honor [100] - 3:9, 3:19, 4:2,

4:6, 4:7, 8:2, 8:4, 8:25, 9:2, 9:7, 14:15, 16:10, 16:13, 16:16, 16:19, 25:14, 37:1, 37:5, 40:18, 40:21, 41:4, 41:13, 56:2, 68:17, 68:21, 69:19, 70:6, 70:13, 73:14, 74:13, 74:15, 87:18, 87:21, 92:8, 92:10, 92:13, 92:14, 93:22, 94:3, 94:12, 95:2, 95:5, 95:17, 98:13, 99:4, 99:7, 102:5, 102:7, 104:4, 105:17, 105:19, 106:20, 108:5, 108:7, 113:13, 113:15, 113:21, 114:1, 114:10, 114:17, 114:22, 115:15, 116:8, 116:11, 116:22, 117:8, 118:2, 118:11, 119:16, 120:1, 120:10, 120:18, 120:22, 121:9, 121:23, 122:3, 122:25, 123:7, 123:17, 123:24, 124:2, 124:4, 124:21, 125:8, 126:17, 126:23, 126:25, 127:5, 127:10, 127:12, 127:20, 128:3, 128:19, 129:13, 130:16, 131:17, 132:1, 133:2, 133:4, 133:10honor [2] - 87:4, 122:14honorable [1] - 117:18hook [1] - 53:19

hope [6] - 19:20, 47:8, 47:9, 69:12, 119:25, 131:20hopeful [4] - 21:7, 115:25,

131:1, 131:4hoping [2] - 47:18, 47:20Hosam [14] - 33:13, 33:22,

97:1, 97:15, 101:13, 102:20, 103:6, 103:12, 104:11, 104:15, 110:10, 111:11, 112:16, 126:8hotel [3] - 12:10, 23:6, 89:3hour [2] - 24:8, 27:4hours [6] - 11:16, 13:23,

39:14, 40:11, 83:8, 117:22house [1] - 35:5houses [1] - 17:7housing [2] - 17:10, 45:1humbled [1] - 35:1humbling [1] - 19:9humbly [1] - 18:16hundreds [2] - 31:9, 83:7Hundreds [1] - 82:11Hunt [18] - 37:17, 37:23,

38:10, 38:14, 38:20, 39:1, 39:3, 39:7, 39:14, 40:11, 61:18, 62:9, 62:16, 104:23, 108:24, 109:4, 113:18, 126:5hurt [5] - 22:2, 25:13, 29:2,

34:21, 35:4husband [2] - 122:17,

123:12

II-9 [1] - 104:23I-9s [4] - 61:19, 62:25,

113:18, 126:6Ice [5] - 55:9, 96:11, 96:12,

96:17, 103:16idea [6] - 7:3, 28:1, 32:20,

49:10, 54:4, 62:7ideas [1] - 79:19identifications [1] - 37:12identified [3] - 64:12,

111:18, 112:13identify [4] - 29:23, 37:12,

43:1, 93:24identity [1] - 117:3idiot [1] - 39:12Ids [7] - 29:23, 29:25, 38:17,

38:21, 38:22, 126:3Illinois [1] - 107:3imagination [1] - 123:11imagine [2] - 57:3, 87:11immediately [3] - 7:20,

32:12, 114:23Immigration [3] - 96:9,

96:13, 126:2immigration [3] - 25:18,

25:25, 108:2

impact [1] - 11:4impanelling [1] - 130:25imparted [1] - 108:22impartial [1] - 131:9importance [1] - 50:11important [6] - 28:10, 68:8,

86:23, 89:9, 118:17, 128:8importantly [2] - 79:10,

123:15impossible [3] - 41:21, 42:6,

42:8improper [1] - 41:14inception [1] - 96:12inclination [1] - 11:2included [1] - 117:11including [5] - 93:5, 109:16,

118:15, 121:1, 123:18Including [1] - 109:20inconsistent [1] - 127:2Incorporated [1] - 97:7increase [1] - 45:17incriminate [1] - 126:6Index [1] - 2:1indicated [2] - 115:23, 120:8indicating [1] - 122:6indictment [2] - 9:21,

125:14individual [4] - 81:25, 82:20,

97:21, 104:23individuals [3] - 92:22, 93:3,

110:11informants [1] - 110:18information [6] - 51:6,

104:8, 104:10, 104:11, 108:21, 110:14Information [1] - 106:13innocence [1] - 117:2innocent [5] - 21:7, 21:25,

47:6, 47:8, 117:4inspired [2] - 23:7, 27:6instead [2] - 17:9, 45:15Institute [1] - 26:16institutions [2] - 118:23,

119:1instructions [4] - 129:1,

129:10, 129:16, 130:19instrumental [1] - 118:25integrity [1] - 122:14intend [2] - 3:23, 121:14intended [1] - 29:21intends [1] - 115:23intent [1] - 61:9intention [2] - 20:16, 115:21intentioned [1] - 117:17intentions [5] - 19:15,

19:18, 24:25, 68:25, 119:14interest [3] - 33:5, 84:14,

85:15interested [8] - 15:21,


8

17:19, 18:12, 33:3, 49:22, 49:23, 53:17, 132:16interesting [2] - 60:8, 60:10international [2] - 7:5, 14:5interview [1] - 108:11invested [1] - 122:11investigate [1] - 105:1investigation [3] - 102:1,

109:17, 111:5invoices [13] - 53:3, 54:7,

54:8, 54:10, 54:22, 55:4, 56:12, 57:5, 64:7, 64:12, 64:16, 66:8, 126:13involve [1] - 72:21involved [18] - 10:18, 11:10,

26:18, 38:1, 44:17, 72:11, 78:3, 78:5, 78:17, 79:17, 79:21, 82:7, 88:10, 111:5, 111:9, 114:13, 121:6, 124:12involvement [8] - 30:14,

30:16, 33:13, 33:14, 33:17, 72:17, 119:3, 126:3Iowa [11] - 12:18, 13:9,

13:16, 25:24, 71:6, 71:7, 80:9, 87:1, 96:18, 124:8, 131:4Iran [1] - 75:21Iraq [1] - 75:21Israel [24] - 15:4, 29:10,

75:14, 83:17, 83:22, 84:1, 98:5, 100:5, 100:14, 100:20, 100:23, 101:5, 104:12, 104:15, 104:16, 104:17, 106:4, 107:15, 111:15, 111:20, 111:22, 111:24, 112:8, 112:9Israeli [2] - 15:7, 16:7issue [7] - 33:25, 55:20,

62:6, 64:8, 114:12, 115:5, 128:11issues [9] - 15:13, 15:16,

20:23, 21:21, 99:12, 114:13, 120:19, 120:20, 128:8Italy [1] - 103:17itself [3] - 18:23, 105:22,

119:17

Jjail [1] - 5:11January [9] - 5:11, 9:24,

9:25, 11:11, 36:2, 94:16, 95:1, 119:22, 120:14Jay [2] - 62:4, 62:5jeopardize [1] - 35:19jeopardy [2] - 35:5, 122:1Jersey [2] - 14:10, 14:11Jewish [30] - 14:21, 15:3,

15:7, 15:25, 16:12, 17:16, 18:19, 19:7, 20:9, 22:5, 23:1,


161 of 219

24:6, 74:1, 75:24, 76:1, 76:14, 77:8, 77:9, 77:23, 78:9, 79:14, 80:19, 82:17, 83:14, 84:12, 85:19, 118:6, 119:20, 121:10, 122:1Jewry [1] - 86:23Jews [7] - 28:25, 75:19,

83:12, 83:15, 83:18, 84:4, 85:1jews [1] - 28:25Jfk [1] - 14:11job [3] - 12:15, 30:10, 43:10jobs [1] - 111:7John [1] - 67:14Jordan [1] - 104:18Judaism [1] - 18:25Judge [4] - 94:7, 94:17,

113:23, 122:6judge [3] - 39:19, 92:3,

129:8judicial [1] - 94:22Jump [1] - 42:1jumped [1] - 39:11June [3] - 103:4, 103:10,

107:4jurisdiction [8] - 28:14,

33:14, 34:15, 36:3, 86:15, 87:9, 116:4, 116:19jurors [3] - 131:6, 131:9,

132:16jury [13] - 20:21, 60:9, 60:24,

61:8, 62:8, 117:6, 120:12, 121:7, 125:16, 129:1, 130:18, 131:1, 131:9jury's [5] - 19:14, 20:2,

21:11, 21:18, 114:24justice [2] - 36:24, 126:22

Kkeep [3] - 27:23, 44:18,

78:11Kelton [1] - 4:4Kept [1] - 103:23kept [4] - 12:9, 12:24, 20:8,

91:24Kermit [1] - 44:23kid [3] - 27:7, 27:24, 28:12kids [1] - 10:4kill [3] - 30:9, 32:6, 32:11killed [1] - 129:22kind [5] - 23:6, 93:23, 111:2,

129:6, 129:11Knowing [1] - 86:9knowing [7] - 21:9, 40:15,

41:22, 42:7, 111:15, 112:3, 129:4knowledge [3] - 41:6, 73:1,

110:17known [12] - 15:24, 16:11,

76:25, 77:10, 77:19, 77:25, 78:2, 78:4, 85:4, 101:15, 116:17, 118:5knows [6] - 9:17, 18:19,

25:11, 41:17, 55:9, 116:2Kosher [1] - 78:10kosher [5] - 76:23, 77:4,

84:24, 85:2, 85:4Kruckenberg [8] - 45:14,

46:20, 107:8, 107:11, 107:12, 107:18, 107:22, 107:25Kupczyk [2] - 30:24, 43:1

Llack [1] - 22:23lading [8] - 53:2, 56:8,

56:18, 56:22, 56:25, 57:5, 57:12, 126:14Laguardia [1] - 14:13laid [1] - 59:2land [2] - 24:22language [1] - 59:11large [5] - 83:3, 119:19,

124:25larger [1] - 119:4largest [3] - 15:2, 15:7,

83:23last [24] - 3:13, 5:12, 32:2,

34:17, 45:20, 52:4, 72:11, 74:6, 82:3, 83:8, 85:17, 85:22, 86:19, 87:2, 89:11, 89:18, 90:22, 96:5, 97:3, 112:20, 129:15, 131:5, 131:12, 132:2late [1] - 109:13Laura [17] - 38:19, 38:25,

39:3, 41:9, 41:12, 41:19, 41:23, 61:19, 61:23, 62:14, 62:22, 62:23, 62:24, 63:6, 63:9, 63:17law [15] - 24:22, 35:21,

35:25, 36:13, 47:25, 49:1, 73:24, 74:1, 84:17, 90:21, 115:11, 123:6law-abiding [1] - 73:24laws [1] - 73:25lawyer [1] - 79:23lawyers [12] - 5:25, 10:6,

10:7, 11:22, 12:7, 12:20, 20:24, 34:7, 80:4, 90:14, 90:15, 122:10lay [2] - 50:13, 54:17leader [3] - 17:24, 85:7,

85:12leaders [2] - 85:19, 86:23leadership [1] - 119:5leading [1] - 89:3Leah [2] - 26:17, 121:18leaning [1] - 131:11

learn [5] - 11:3, 20:23, 72:3, 74:1, 106:25learned [4] - 29:23, 80:18,

80:20, 126:2learning [4] - 27:12, 35:16,

71:18, 72:22least [5] - 17:20, 27:3,

32:13, 76:14, 90:25leave [16] - 12:8, 12:23,

13:9, 30:11, 31:18, 33:8, 34:4, 36:9, 36:15, 42:11, 42:14, 52:9, 99:24, 121:19, 124:20leaving [7] - 33:14, 33:17,

42:10, 42:12, 44:7, 44:10, 46:8lecture [3] - 71:23, 71:25,

72:2lectures [2] - 71:15, 71:17lecturing [2] - 71:18, 71:20Lee [1] - 60:5left [25] - 13:7, 13:15, 16:25,

17:5, 17:13, 29:9, 30:10, 31:17, 31:23, 32:5, 32:8, 32:10, 42:17, 45:23, 46:23, 51:21, 51:22, 52:1, 52:2, 107:5, 112:6, 112:8, 112:21, 125:17, 126:9legal [34] - 15:13, 17:20,

17:21, 18:6, 18:8, 20:17, 20:23, 21:6, 21:10, 21:13, 21:21, 51:5, 59:11, 79:9, 79:10, 79:16, 79:18, 79:19, 79:20, 79:24, 79:25, 80:2, 80:6, 81:5, 82:3, 82:15, 90:13, 91:21, 115:24, 120:20, 122:19length [1] - 118:19less [2] - 17:10, 129:20lesson [1] - 23:4letter [16] - 19:19, 31:11,

82:23, 82:24, 83:16, 83:19, 84:1, 94:4, 94:8, 109:8, 121:18, 122:4, 122:7, 122:25, 123:6, 123:8letters [23] - 3:16, 3:17,

34:10, 34:12, 83:5, 83:11, 84:2, 85:18, 87:8, 92:19, 93:3, 93:16, 93:23, 94:1, 109:11, 117:11, 117:20, 119:6, 121:12, 121:16, 121:17, 124:20letting [1] - 126:20Lev [1] - 123:8level [1] - 75:11leveled [1] - 69:7leverage [1] - 45:17Levi [3] - 100:4, 100:6, 100:7Levin [1] - 11:9license [1] - 13:22


9

Lie [1] - 42:2lied [2] - 55:20, 56:3life [13] - 25:8, 35:2, 73:6,

73:7, 73:8, 73:10, 73:12, 73:13, 81:2, 118:16likelihood [1] - 127:14likely [6] - 80:16, 115:3,

115:6, 115:9, 120:16, 123:22limine [1] - 130:11limited [1] - 70:15Lindsay [5] - 2:3, 4:4, 4:9,

4:18, 12:24line [6] - 29:14, 40:22,

43:22, 89:22, 131:18, 132:20lip [1] - 81:9Lipshitz [1] - 17:18list [1] - 132:2listen [1] - 92:3listening [2] - 54:2, 65:2listing [2] - 93:2, 93:7litigated [1] - 25:18live [4] - 20:19, 35:24, 48:1,

71:3lived [2] - 28:17, 87:2lives [2] - 84:15, 84:18living [1] - 80:19loan [1] - 59:1local [2] - 88:18, 118:23locked [2] - 54:2, 54:3look [8] - 33:20, 49:21,

63:17, 89:5, 99:17, 116:9, 126:4, 130:11looked [2] - 56:12, 83:8Looking [4] - 99:16, 102:11,

102:24, 117:7looking [5] - 45:3, 45:9,

65:25, 103:7, 115:16looks [4] - 21:3, 40:4,

115:13, 132:13loose [1] - 7:11loss [1] - 50:20lost [3] - 30:10, 32:16,

131:12Lotus [1] - 63:24love [1] - 27:15loving [1] - 123:12loyalty [1] - 121:20Lubavitch [3] - 18:25, 76:10,

78:24lucked [1] - 131:12lying [1] - 55:22

Mma'am [2] - 4:19, 8:7magazine [3] - 14:25, 15:1,

15:3magic [1] - 26:20Magistrate [2] - 94:7, 94:17magnitude [1] - 87:6


162 of 219

mail [5] - 5:24, 33:2, 97:22, 97:23, 98:1mailed [1] - 3:12mails [6] - 3:16, 34:10,

92:22, 94:1, 117:12, 119:7malfunction [1] - 7:16malkhuta [1] - 24:21man [13] - 25:6, 26:3, 82:1,

89:23, 121:25, 122:8, 122:13, 122:15, 122:18, 123:12, 127:5, 127:8, 128:5man's [1] - 123:17managerial [1] - 42:25manner [3] - 6:20, 6:22,

127:7March [5] - 62:2, 98:20,

99:17, 100:11marked [8] - 14:18, 93:6,

94:4, 98:15, 101:7, 103:14, 105:4, 133:5married [1] - 26:3marshaled [1] - 116:15Marshals [1] - 3:21Massachusetts [1] - 26:21matter [7] - 3:20, 37:8, 69:2,

89:24, 89:25, 114:5, 116:3matters [2] - 79:25, 114:5meal [3] - 23:8, 23:10, 23:11mean [22] - 9:24, 14:7, 14:8,

16:1, 30:12, 30:17, 36:10, 40:15, 54:4, 61:5, 61:13, 61:25, 64:6, 65:9, 65:14, 68:3, 68:4, 84:13, 86:20, 89:8, 90:11, 125:1means [4] - 48:1, 48:3,

53:25, 125:5meant [1] - 61:9meat [1] - 77:25meet [2] - 11:22, 89:16meeting [2] - 90:3, 90:5Melbourne [3] - 84:18,

84:19, 84:20meltdown [1] - 132:19Meltzer [3] - 58:11, 121:1,

121:6members [2] - 78:23, 106:2memo [1] - 124:6memory [2] - 32:13, 89:15men [1] - 24:13Menachem [3] - 73:20,

73:21, 89:15Mendy [1] - 123:1mental [1] - 87:14mention [1] - 12:17mentioned [6] - 32:5, 36:19,

77:17, 112:19, 116:20, 120:18mentioning [1] - 80:2mentor [1] - 72:12mere [1] - 35:6

messages [1] - 5:24messenger [1] - 57:17met [1] - 8:21metropolitan [1] - 76:16Michael [3] - 2:7, 95:23,

96:7microchip [1] - 51:21microphone [1] - 70:22Middle [3] - 75:20, 75:21midwest [1] - 28:19might [2] - 3:23, 91:15Mike [5] - 36:16, 45:14,

46:20, 95:20, 107:8miles [3] - 14:12Miller [1] - 44:23million [3] - 15:6, 83:12,

83:15mind [6] - 31:8, 31:25, 33:6,

35:9, 36:6, 126:21ministering [1] - 22:23Minnesota [3] - 22:13, 23:9,

28:19minute [1] - 128:13minutes [4] - 14:14, 23:5,

24:8, 69:25misconstrue [1] - 25:2Mishpacha [1] - 14:25misnomer [1] - 43:9mission [2] - 81:20, 81:22mistake [3] - 36:13, 36:14mistakes [1] - 47:12Mitch [7] - 43:12, 54:14,

58:10, 58:20, 58:24, 121:1, 121:5Mitchell [5] - 51:11, 59:18,

60:21, 60:22, 61:4Moines [2] - 6:5, 11:22moment [4] - 14:17, 25:14,

40:17, 127:9Monday [2] - 5:19, 130:23Monday's [1] - 129:24Mondays [1] - 24:9money [18] - 17:12, 17:13,

33:18, 34:3, 34:4, 57:19, 59:15, 63:24, 64:11, 66:7, 66:24, 79:11, 79:15, 82:3, 84:19, 88:11, 90:19monies [1] - 81:25monitoring [3] - 7:11, 20:4,

20:5monopolize [2] - 44:22, 45:3month [1] - 33:21months [6] - 53:16, 62:10,

108:25, 109:4, 112:6, 120:2Monty [2] - 12:6, 65:3Mordechai [6] - 4:25, 9:19,

72:9, 77:22, 80:14, 82:11morning [9] - 8:7, 8:8, 10:4,

23:18, 24:6, 69:24, 87:24,

87:25, 89:4mortgage [1] - 3:16Moshe [4] - 26:7, 26:10,

27:5, 121:22most [10] - 15:21, 18:12,

75:17, 79:10, 86:23, 118:17, 123:14, 123:16, 125:14, 127:18Most [1] - 22:6mostly [1] - 78:23motion [2] - 20:24, 115:20Motion [1] - 119:13motions [3] - 21:2, 130:6,

130:11motivation [2] - 124:24,

125:16motive [1] - 125:9move [2] - 29:5, 87:13moved [3] - 28:21, 54:3,

54:4Movement [1] - 83:17moving [1] - 63:18multiple [4] - 54:16, 104:17,

105:25, 112:8multitude [1] - 14:9Munkatcher [3] - 85:10,

85:11Mushka [1] - 23:13must [3] - 15:6, 31:22, 32:15

Nname [14] - 4:16, 9:18,

11:13, 23:13, 26:15, 31:10, 44:23, 70:20, 73:19, 75:3, 76:19, 96:5, 103:3, 113:6names [3] - 32:9, 80:3, 86:7nation [1] - 122:1national [2] - 83:23, 88:18National [4] - 75:25, 76:1,

76:5, 82:16Naturalization [1] - 96:14nature [1] - 6:16Ncfje [1] - 76:7nearly [1] - 59:19necessarily [1] - 59:22necessary [2] - 79:14,

132:15need [5] - 34:3, 72:20,

130:15, 131:7, 132:12needed [13] - 5:20, 5:22,

10:5, 11:17, 23:12, 29:20, 30:2, 31:3, 43:12, 43:13, 51:16, 66:7needs [1] - 26:7negotiate [1] - 111:1neighbor [1] - 20:10nephew [1] - 84:16Nevel [7] - 11:14, 44:17,

45:6, 45:16, 46:12, 46:13,


10

107:20never [31] - 13:1, 17:11,

19:10, 20:6, 20:12, 24:24, 25:7, 25:12, 25:13, 29:21, 34:4, 34:21, 35:4, 35:8, 35:19, 36:7, 36:9, 36:11, 38:22, 45:6, 52:16, 77:5, 82:9, 89:13, 89:18, 121:19, 121:25, 122:15, 124:20nevertheless [1] - 116:20new [4] - 5:8, 126:3, 129:12,

130:12New [36] - 6:18, 6:23, 7:2,

7:4, 7:8, 7:14, 8:22, 12:20, 12:25, 13:5, 13:8, 13:17, 13:24, 13:25, 14:3, 14:10, 14:11, 22:12, 22:13, 58:25, 75:18, 76:15, 76:16, 76:22, 77:1, 77:10, 77:16, 77:19, 78:23, 78:25, 80:19, 83:1, 89:12, 89:17next [6] - 7:21, 16:5, 83:24,

130:23, 131:8, 132:15nice [1] - 23:10night [6] - 10:5, 13:10, 23:4,

34:17, 52:8, 90:3Nisren [2] - 103:3, 103:5non [1] - 28:25non-jews [1] - 28:25normal [1] - 103:23notebook [1] - 34:9notes [6] - 108:14, 108:17,

108:19, 108:20, 108:21noteworthy [3] - 94:25,

116:11, 118:1Noteworthy [2] - 115:16,

116:22nothing [12] - 28:16, 33:7,

36:22, 46:4, 48:23, 53:25, 62:19, 67:10, 69:5, 74:11, 113:12, 123:14Nothing [4] - 56:22, 74:11,

108:4, 113:21notice [1] - 94:22noting [1] - 103:2notion [1] - 35:6notoriety [1] - 78:13notwithstanding [1] - 117:4November [2] - 49:4, 55:12Number [4] - 82:4, 82:5,

116:5, 116:8number [34] - 3:3, 10:23,

15:5, 15:6, 20:10, 22:3, 25:17, 29:19, 30:4, 32:23, 34:13, 34:16, 34:17, 34:19, 34:23, 35:10, 43:24, 43:25, 58:14, 59:4, 59:9, 59:16, 60:8, 63:23, 65:8, 82:12, 82:20, 92:15, 93:25, 98:3, 103:3, 104:3, 120:23, 129:16


163 of 219

numbers [7] - 52:15, 52:16, 58:18, 58:19, 58:20, 64:1, 106:19numerous [1] - 11:23

Oo'clock [2] - 12:23, 23:20oath [6] - 32:14, 55:20, 56:4,

61:15, 65:12, 126:24obey [1] - 73:25object [2] - 40:18, 41:13Objection [1] - 99:6objection [7] - 16:16, 95:6,

95:9, 102:7, 104:5, 105:19, 106:22Objection's [1] - 99:8obligations [4] - 19:16,

24:17, 69:1, 120:6obstruct [1] - 126:22obtain [1] - 78:13obtained [1] - 101:25obvious [1] - 53:17obviously [1] - 17:10occasion [2] - 97:14, 105:1occasions [3] - 6:14, 11:23,

12:19occur [1] - 24:3occurred [4] - 22:23, 23:17,

108:1, 120:14occurring [1] - 32:7ocean [1] - 110:15October [3] - 5:5, 109:24,

110:8odd [3] - 59:25, 60:5, 60:6offense [2] - 127:10, 127:11offenses [3] - 25:18, 116:7,

121:3offer [7] - 3:8, 16:10, 16:13,

92:14, 102:5, 104:4, 132:3offer-of-proof [1] - 132:3offered [5] - 35:3, 35:11,

94:13, 95:4, 114:20offering [2] - 93:3, 93:17offers [3] - 99:4, 105:17,

106:21Office [1] - 103:17office [16] - 7:21, 40:14,

43:25, 51:23, 61:22, 62:18, 63:3, 67:12, 67:17, 67:18, 68:2, 83:9, 89:13, 89:19, 107:19, 128:22officer [4] - 4:20, 11:21,

20:14, 120:8official [2] - 23:22, 46:4officials [1] - 97:21often [1] - 80:21old [2] - 27:18older [2] - 11:7, 11:8Once [1] - 55:9

once [1] - 85:16One [3] - 20:12, 25:14,

109:13one [41] - 7:5, 7:13, 10:16,

23:3, 23:7, 23:11, 32:12, 33:1, 36:14, 38:25, 45:20, 51:14, 57:14, 57:17, 59:17, 59:18, 59:20, 61:18, 66:13, 72:14, 72:16, 72:23, 78:3, 82:15, 82:22, 83:22, 87:15, 96:20, 105:25, 108:18, 109:15, 127:21, 127:22, 129:5, 129:19, 131:12one-on-one [1] - 10:16one-on-ten [1] - 10:16ones [1] - 130:13ongoing [1] - 80:13open [1] - 39:3openings [1] - 130:20opinion [1] - 86:11opinions [2] - 117:25, 118:3opportunity [3] - 20:23,

34:11, 116:2option [1] - 126:19Options [1] - 26:16options [1] - 126:1order [6] - 13:10, 24:24,

44:18, 45:3, 94:7, 94:17ordered [1] - 86:16orders [7] - 19:17, 24:19,

25:4, 56:20, 120:5, 130:12ordinary [2] - 32:1, 33:9ordination [1] - 75:12organization [2] - 82:6,

82:14Organization [1] - 75:25organizations [1] - 83:24oriented [1] - 83:23original [2] - 63:12, 110:1originally [1] - 71:4originals [1] - 3:13Orthodox [5] - 18:22, 83:13,

83:14, 83:20ought [3] - 125:6, 128:24,

130:7out-of-state [1] - 8:9outside [7] - 11:25, 12:18,

14:6, 15:19, 22:23, 79:16, 88:3overlap [2] - 113:3, 113:9overruled [1] - 99:8overseas [1] - 84:13overwhelming [1] - 128:6owed [4] - 64:17, 64:23,

65:18, 67:4owes [3] - 63:24, 65:11,

65:13own [7] - 46:13, 46:16,

46:17, 62:11, 121:3, 121:6, 121:20

owned [2] - 17:5, 45:2ownership [1] - 46:15

Ppackage [1] - 31:21page [2] - 14:20, 105:13Page [14] - 99:17, 99:20,

100:1, 100:16, 101:2, 112:14, 112:20, 112:21, 113:1, 121:18, 121:24, 122:4, 123:1, 123:7pages [1] - 31:9paid [6] - 30:8, 31:15, 32:3,

57:23, 63:19, 64:3pain [1] - 27:25paper [5] - 15:8, 16:7, 30:20,

64:24, 65:25papers [2] - 44:17, 55:8paperwork [1] - 92:1parental [1] - 123:16parents [1] - 12:22Park [4] - 12:22, 30:24,

30:25, 85:13part [24] - 18:24, 24:10,

24:11, 31:21, 46:19, 55:6, 66:19, 66:25, 67:17, 73:6, 74:12, 81:7, 90:17, 90:18, 94:19, 117:1, 119:7, 121:19, 121:24, 123:1, 123:8, 124:25particular [2] - 33:4, 121:21particularly [2] - 121:5,

129:5particulars [2] - 88:25, 89:1parts [2] - 18:21, 18:23passed [5] - 7:1, 14:7, 14:8,

23:11Passover [1] - 46:5passport [1] - 104:3past [1] - 122:20patriarch [1] - 77:18pay [3] - 59:15, 66:20, 79:23paying [4] - 32:25, 90:14,

126:9payment [1] - 66:25payments [2] - 50:6, 51:2payroll [15] - 29:18, 30:7,

37:17, 37:24, 38:2, 38:10, 38:14, 38:20, 39:1, 39:4, 39:7, 39:14, 40:11, 108:24, 109:4peace [1] - 31:8penalties [1] - 80:16pending [11] - 19:13, 25:23,

36:4, 92:19, 92:23, 93:19, 94:9, 115:19, 119:13, 121:4, 123:25Pennsylvania [2] - 63:8,

63:13people [64] - 17:10, 17:16,


11

17:19, 22:5, 22:10, 22:21, 23:8, 24:13, 24:14, 25:2, 25:12, 28:24, 30:2, 31:23, 32:18, 34:2, 34:7, 34:13, 34:17, 34:19, 34:21, 34:23, 35:5, 37:16, 37:23, 39:1, 39:4, 39:13, 39:24, 40:10, 44:19, 53:6, 63:21, 73:25, 77:1, 78:2, 78:3, 79:8, 79:17, 79:18, 82:21, 82:25, 83:1, 83:12, 83:21, 85:18, 85:24, 86:2, 86:7, 86:19, 86:21, 87:2, 87:7, 88:22, 89:2, 90:3, 90:12, 90:14, 117:25, 131:7People [1] - 78:6percent [4] - 46:14, 46:16,

46:17, 80:25perception [1] - 116:16perhaps [5] - 84:25, 118:2,

130:19, 131:19, 131:23period [11] - 5:4, 5:8, 5:14,

7:24, 9:20, 30:11, 44:24, 48:17, 104:12, 104:24, 125:12permission [9] - 3:21, 5:21,

6:9, 6:12, 10:6, 11:21, 12:19, 31:5, 31:19permit [1] - 3:24person [14] - 17:24, 35:1,

35:6, 47:7, 50:19, 73:7, 73:12, 77:19, 80:23, 81:10, 85:14, 111:4, 117:9, 123:18person's [1] - 36:6personal [4] - 30:18, 59:13,

85:14, 86:12personally [5] - 52:6, 77:12,

80:10, 85:9, 123:9persons [6] - 14:6, 15:25,

22:4, 23:18, 115:4, 121:13perspective [1] - 17:21Peta's [1] - 78:14phenomenal [2] - 18:17,

25:1phone [5] - 94:8, 97:25,

98:6, 98:20, 107:11phones [1] - 20:9phonetic [1] - 19:3physically [3] - 41:21, 42:6,

42:8pick [2] - 22:17, 131:9picked [3] - 31:23, 36:16,

89:8picking [1] - 130:18picture [1] - 60:3Pidyon [4] - 79:2, 79:3, 79:6,

79:7pieces [1] - 45:11pile [1] - 84:3piled [1] - 128:16pilgrimage [2] - 89:14,


164 of 219

89:21pill [1] - 26:20pink [1] - 29:25place [4] - 14:13, 19:8,

52:13, 55:6placed [4] - 3:13, 37:23,

87:5, 120:6places [5] - 84:23, 84:25,

88:22, 93:17, 119:21plan [3] - 81:7, 130:22,

131:16plane [1] - 100:25plans [3] - 12:2, 36:3,

132:10plant [2] - 29:20, 40:13play [3] - 26:23, 28:6playroom [1] - 26:24pleas [1] - 121:4pled [2] - 53:6, 120:24pledged [1] - 34:24plenty [4] - 29:25, 59:23,

59:24plus [1] - 28:18pocket [1] - 44:5point [11] - 29:6, 32:19,

33:4, 35:3, 45:13, 62:13, 64:10, 79:11, 107:14, 121:14, 121:16pop [1] - 101:15pose [2] - 115:3, 123:23poses [1] - 120:17position [5] - 17:2, 29:9,

32:6, 76:25, 97:8positive [2] - 47:7possession [1] - 108:20possibility [2] - 21:24, 47:5possible [4] - 26:19, 73:9,

87:16, 128:12possibly [1] - 43:17post [1] - 118:10post-trial [1] - 118:10postgraduate [1] - 75:13Postville [18] - 7:1, 7:14,

9:23, 10:10, 10:12, 28:18, 30:15, 44:18, 45:1, 45:18, 71:6, 71:7, 71:10, 87:1, 110:12, 118:21, 119:3, 124:8potential [2] - 80:15, 109:16poultry [3] - 97:6, 97:10,

100:9Powerpoint [1] - 93:12practice [1] - 31:13practices [2] - 8:13, 8:16pray [2] - 12:21, 22:1prayer [8] - 6:18, 8:15,

23:12, 23:15, 23:16, 23:22, 24:4, 24:6prayers [1] - 23:22praying [2] - 10:3, 24:8

predate [1] - 120:13preferred [2] - 12:1, 40:6preliminarily [1] - 3:10preliminary [2] - 3:20,

130:19premarked [1] - 92:15prepare [2] - 72:1, 108:10prepared [2] - 6:5, 98:11preparing [4] - 73:22,

124:12, 125:13, 129:2present [4] - 20:22, 24:4,

88:1, 110:4presented [6] - 37:14,

114:6, 115:12, 117:10, 119:24, 123:20pressure [1] - 22:16presumed [1] - 117:4presumption [1] - 117:2pretrial [9] - 48:17, 49:7,

49:13, 50:1, 91:10, 91:18, 118:9, 129:24, 130:5pretty [1] - 11:4previous [3] - 114:2, 115:12,

116:12previously [12] - 93:12,

94:3, 94:5, 94:15, 118:13, 118:20, 118:24, 119:2, 125:11, 126:1, 127:4, 127:16principal [1] - 11:1print [4] - 15:4, 15:7, 16:2printed [1] - 14:25printoff [1] - 106:12prison [6] - 47:18, 47:20,

48:2, 48:3, 125:19, 125:24probation [3] - 4:20, 11:21,

120:8problem [6] - 20:6, 20:12,

20:13, 61:25, 117:16problem-solver [1] - 117:16problems [4] - 7:22, 17:17,

91:10, 120:9procedure [2] - 59:2, 59:3proceed [4] - 3:1, 18:10,

70:4, 114:21proceeding [1] - 15:24proceedings [5] - 25:10,

69:2, 81:5, 86:15, 128:5Proceedings [1] - 133:12process [5] - 3:24, 20:17,

41:21, 62:2, 62:5product's [1] - 56:19profession [2] - 4:19, 75:5projects [1] - 82:16prominent [6] - 76:22, 80:3,

85:12, 85:25, 86:7promising [1] - 15:20pronounce [1] - 122:5proof [2] - 36:20, 132:3properly [3] - 82:19, 90:16

properties [7] - 44:8, 44:18, 44:24, 45:22, 45:25, 46:11, 107:19Properties [4] - 44:17,

46:12, 46:13, 107:20property [4] - 29:16, 44:1,

45:11, 107:17proposal [1] - 129:18provide [3] - 6:6, 79:24,

125:4provided [6] - 81:25, 92:16,

93:21, 97:22, 98:2, 108:18providence [2] - 80:25, 81:3provides [1] - 104:10providing [1] - 88:14provisions [4] - 19:16,

19:22, 69:1, 120:6psalms [1] - 23:21public [6] - 43:25, 77:15,

77:22, 86:10, 118:3, 119:18publication [1] - 14:21publicity [1] - 131:3pull [1] - 57:15pulled [1] - 55:7pulling [1] - 27:16pulse [1] - 76:14punishment [2] - 47:15,

48:2punitive [2] - 128:4, 128:8purchase [2] - 100:25, 106:8purchased [2] - 43:23,

106:5purchases [1] - 105:25purchasing [1] - 43:20purpose [1] - 67:22purposes [6] - 6:23, 8:10,

8:12, 94:14, 95:7, 130:17pursuing [1] - 20:24pushed [1] - 17:6pushing [1] - 129:6put [24] - 17:12, 24:7, 29:22,

35:4, 37:16, 39:1, 39:7, 39:13, 40:10, 51:15, 51:22, 52:7, 52:17, 53:15, 58:8, 60:19, 80:6, 82:18, 93:17, 95:16, 119:16, 121:25, 132:5putting [1] - 68:14

Qquarter [1] - 23:23quarters [2] - 84:3, 85:19Queens [2] - 75:18, 76:16questions [11] - 8:1, 8:24,

37:2, 46:3, 68:16, 68:24, 69:18, 73:15, 74:13, 87:19, 92:8quite [10] - 19:9, 26:13,

27:19, 27:25, 31:12, 32:2, 54:18, 70:16, 76:22, 88:17


12

Quite [1] - 10:23

Rrabbi [13] - 23:2, 31:1, 31:2,

31:3, 31:11, 31:13, 37:15, 40:5, 45:9, 62:7, 75:18, 75:22Rabbi [35] - 11:6, 11:7, 11:8,

11:9, 17:17, 17:18, 17:23, 18:3, 18:14, 23:9, 29:11, 29:13, 29:14, 29:17, 37:20, 37:25, 39:4, 39:10, 39:16, 40:5, 42:13, 70:7, 70:21, 70:23, 74:18, 75:6, 75:23, 88:5, 92:25, 94:4, 104:19, 107:25, 113:19, 121:24Rabbi's [1] - 14:13rabbinical [7] - 29:18, 39:9,

42:25, 71:11, 73:20, 73:21, 73:22Rabbinical [1] - 83:19rabbis [12] - 30:11, 32:7,

32:10, 32:16, 32:18, 35:11, 42:12, 43:17, 73:23, 83:20, 93:16racketeering [1] - 109:20raid [25] - 16:24, 30:9,

30:13, 31:8, 34:5, 42:14, 45:10, 46:10, 46:25, 47:1, 55:9, 61:20, 62:9, 62:10, 76:18, 77:14, 77:21, 77:23, 77:24, 78:4, 78:19, 108:2, 109:1, 109:5raise [3] - 45:3, 79:15, 95:22raised [1] - 82:2raising [3] - 79:11, 79:23,

88:11rallied [1] - 19:5ran [2] - 25:7, 36:7ransacked [1] - 55:6rapidly [1] - 30:12Rapids [2] - 85:8, 85:21rapport [1] - 10:21Rc [1] - 2:2Rd [1] - 2:2reach [1] - 15:5reacts [1] - 27:21read [2] - 24:9, 53:13Reade [1] - 122:6reading [2] - 16:4, 129:22reads [1] - 123:8ready [3] - 3:1, 32:24, 70:3real [6] - 13:11, 23:10,

45:17, 56:13, 56:14, 72:12reality [1] - 116:16realize [3] - 21:1, 21:5,

26:14realized [2] - 26:15, 79:12realizes [1] - 81:6really [19] - 21:1, 21:2, 21:4,


165 of 219

22:1, 26:14, 28:8, 33:7, 46:4, 46:6, 52:16, 62:8, 64:25, 65:23, 76:24, 81:10, 124:7, 127:22reason [8] - 27:5, 53:24,

57:6, 61:7, 65:7, 66:19, 91:6, 110:6reasonable [2] - 86:12,

120:3reasoned [1] - 116:24reasons [6] - 37:18, 38:11,

38:15, 38:24, 39:5, 59:14reassert [1] - 130:10rebbe [1] - 12:21Rebbe [5] - 85:7, 85:11,

85:12, 89:15rebuttal [2] - 114:8, 128:1receipt [2] - 82:22, 82:23receive [3] - 3:8, 99:11,

109:7received [14] - 16:17, 16:18,

16:21, 18:13, 95:14, 99:15, 102:10, 103:16, 104:7, 105:21, 106:24, 109:11, 110:3, 121:11Received [4] - 102:8, 104:6,

105:20, 106:23recently [2] - 75:17, 93:21recess [2] - 69:25, 70:2recognize [4] - 14:22, 98:16,

101:8, 105:5recognized [1] - 84:7recollection [4] - 46:6, 50:3,

89:20, 102:14recommended [1] - 62:4record [15] - 4:17, 9:18,

14:18, 49:21, 49:23, 61:14, 94:15, 94:20, 96:6, 106:15, 114:2, 114:4, 114:6, 114:12recorded [2] - 98:9, 98:19records [3] - 50:5, 65:4,

65:15redaction [1] - 104:2redactions [1] - 106:18redeeming [1] - 35:16Redirect [2] - 68:22, 113:16referred [1] - 112:14referring [2] - 91:14, 100:1reflected [2] - 64:16, 64:22regard [2] - 59:19, 124:18regarding [14] - 12:13,

12:14, 14:21, 24:19, 25:18, 29:7, 30:15, 94:23, 102:12, 104:11, 107:10, 107:12, 120:11, 124:16regards [1] - 100:19regular [1] - 72:20related [1] - 116:7relating [2] - 105:9, 120:12relationship [3] - 10:22,

26:9, 27:10relatives [1] - 22:10release [20] - 5:16, 11:11,

48:14, 48:17, 48:24, 49:7, 49:13, 50:1, 90:8, 91:11, 91:19, 92:19, 92:23, 93:5, 93:19, 94:1, 120:13, 124:11, 125:12, 127:15released [9] - 5:10, 9:24,

19:13, 49:3, 56:19, 86:13, 90:22, 91:1, 91:11Relevance [1] - 99:6relevance [1] - 99:12relevant [1] - 120:15reliable [1] - 111:13relies [1] - 114:2religion [1] - 24:23religious [21] - 6:18, 6:23,

8:13, 8:14, 8:15, 22:22, 24:17, 35:25, 37:17, 38:11, 38:14, 38:24, 39:5, 80:19, 80:22, 83:23, 89:14, 89:21, 118:23, 123:19religious-oriented [1] -

83:23religiously [2] - 27:3, 39:17rely [1] - 114:23remain [3] - 94:9, 121:4,

130:9remarkable [1] - 117:22remarks [1] - 114:18remedy [1] - 7:15remember [11] - 11:18, 15:2,

15:5, 20:8, 32:9, 48:7, 58:17, 61:2, 66:6, 68:1, 112:14remind [1] - 11:18removed [1] - 3:22rent [2] - 44:18, 45:6rents [1] - 45:4repeat [1] - 124:5repeatedly [1] - 126:22repeats [1] - 113:3report [1] - 108:10reported [1] - 112:5reporter [1] - 79:4represent [1] - 83:12represented [2] - 3:5, 56:13represents [4] - 83:15,

83:17, 83:20, 84:3reprinted [1] - 16:6request [10] - 6:17, 39:8,

39:9, 39:10, 39:11, 54:16, 54:23, 56:18, 103:21, 123:24requested [2] - 39:5, 51:16requests [1] - 6:1require [1] - 56:5required [2] - 5:19, 116:9residence [2] - 94:24,

118:19resisting [1] - 78:5

resources [5] - 16:25, 17:1, 17:3, 36:11, 79:13respect [6] - 3:19, 19:16,

19:23, 24:17, 117:3, 118:11respectfully [1] - 123:24respects [1] - 120:10respond [3] - 50:20, 55:15,

55:18responded [1] - 100:5Response [1] - 79:4response [2] - 12:3, 82:9responsibility [2] - 4:25,

123:16responsive [1] - 40:21rest [3] - 67:15, 95:4, 122:1result [2] - 16:5, 53:23results [1] - 81:4resume [1] - 92:25resumes [1] - 3:16return [5] - 6:19, 7:8,

107:15, 109:23, 110:14returned [6] - 20:21, 29:9,

104:17, 112:9, 117:23, 120:13review [2] - 21:21, 34:11reward [1] - 27:7ridiculous [2] - 54:18, 90:11risk [6] - 94:11, 122:2,

122:18, 123:10, 127:17, 127:25River [1] - 104:18road [2] - 13:2, 132:20role [1] - 71:12roll [2] - 28:6, 36:2Rome [2] - 103:17, 103:20room [2] - 26:25, 27:16Rosen [1] - 121:18round [12] - 58:8, 58:14,

58:18, 58:19, 58:20, 58:22, 59:4, 59:9, 60:7, 60:12, 60:25, 61:8round-up [5] - 58:8, 58:22,

60:12, 60:25, 61:8rounding [2] - 58:15, 58:16Rubashkin [52] - 2:4, 3:3,

3:22, 5:1, 5:10, 7:7, 7:22, 9:8, 9:9, 9:11, 9:19, 9:20, 40:23, 46:19, 72:9, 76:19, 76:21, 77:14, 77:17, 77:18, 77:22, 77:25, 78:18, 80:10, 80:15, 80:20, 82:11, 84:5, 85:3, 86:10, 96:21, 99:23, 101:14, 105:10, 107:16, 107:19, 109:3, 109:10, 109:22, 110:8, 110:16, 112:19, 113:10, 115:15, 121:7, 121:25, 122:13, 122:18, 122:23, 127:4Rubashkin's [7] - 92:19,

92:23, 93:5, 93:19, 102:16,


13

113:6, 123:15rule [1] - 115:21rules [7] - 7:23, 87:5, 91:7,

91:24, 92:5, 129:11Rules [2] - 41:15, 99:9ruling [7] - 81:3, 94:20,

94:22, 115:22, 116:12, 116:24, 128:11rulings [1] - 130:8run [13] - 36:22, 73:4, 73:7,

73:9, 73:10, 73:11, 73:12, 76:10, 90:16, 122:12, 122:13, 123:13, 124:10running [2] - 47:16, 48:4runs [1] - 73:8rush [1] - 24:1

Ssafety [1] - 115:4Sakhmah [1] - 19:3Sarah [1] - 60:5sat [1] - 41:24Saturday [3] - 23:7, 42:16,

42:18savvy [1] - 112:1saw [5] - 26:11, 27:5, 52:4,

78:9, 78:10schedule [1] - 132:17scheme [2] - 111:5, 111:9Schneerson [1] - 89:15Schochet [2] - 110:3, 110:6school [30] - 10:3, 10:4,

10:8, 10:10, 10:22, 11:1, 11:5, 22:12, 71:5, 71:8, 71:10, 71:12, 71:16, 71:17, 71:22, 72:3, 72:5, 72:6, 72:18, 73:2, 73:6, 73:19, 73:21, 74:2, 75:9, 75:10, 76:9, 124:14schools [1] - 22:19science [1] - 76:11Scoles's [2] - 94:7, 94:17scope [3] - 18:13, 19:7, 78:1scream [1] - 42:2scroll [1] - 24:10scrolls [2] - 35:12, 35:15sealed [1] - 123:3search [2] - 45:4, 68:4seated [2] - 9:14, 70:12Second [1] - 13:21second [16] - 14:20, 19:13,

25:16, 25:22, 32:15, 49:14, 74:6, 74:7, 92:20, 92:23, 93:19, 116:25, 119:15, 123:25, 128:14secret [1] - 45:2secretary [2] - 43:7, 43:15Security [1] - 106:13security [2] - 35:12, 103:19


166 of 219

see [15] - 5:21, 12:7, 17:21, 31:10, 38:21, 52:14, 62:1, 62:14, 67:19, 68:8, 70:1, 82:21, 91:6, 108:19, 132:9seeing [1] - 17:16sees [2] - 25:7, 27:7selfish [1] - 121:20selfishly [1] - 128:15sell [3] - 45:12, 45:16selling [1] - 45:16send [2] - 60:5, 82:23sending [3] - 82:24, 83:5,

85:3senior [1] - 75:22sense [2] - 43:15, 65:24sent [6] - 82:21, 84:19,

84:20, 84:24, 87:7, 87:8sentence [2] - 35:23, 112:21sentencing [17] - 19:14,

21:11, 21:19, 86:16, 90:4, 92:20, 92:24, 93:20, 94:10, 115:22, 120:24, 121:5, 124:1, 124:25, 125:19, 127:20, 128:7separate [1] - 38:1separated [2] - 125:23,

127:21separation [1] - 125:1Sephardic [2] - 75:19, 75:23serious [3] - 11:3, 125:14,

127:18serve [3] - 75:17, 75:22,

125:19served [1] - 80:7Service [1] - 96:14service [5] - 23:12, 23:15,

23:16, 24:4, 81:9services [2] - 6:18, 89:3serving [2] - 76:2, 81:21session [1] - 89:5set [6] - 25:16, 49:14, 79:9,

82:18, 116:25, 117:14sets [1] - 87:17seven [3] - 12:23, 23:23seventeen [1] - 28:22seventh [1] - 26:10seventy [1] - 71:2several [4] - 83:22, 86:3,

88:7, 107:23severance [1] - 116:24severe [1] - 123:16shakedown [1] - 111:5shier [4] - 71:14, 71:23,

71:24shift [5] - 14:17, 16:20, 26:2,

32:11, 32:15shifts [2] - 32:12, 115:1shipments [3] - 56:13,

56:14, 77:4

shirking [1] - 123:15Shlomo [22] - 29:7, 29:11,

37:9, 37:10, 42:9, 42:13, 45:22, 46:11, 46:22, 61:17, 62:17, 104:20, 106:1, 107:2, 107:12, 107:13, 107:18, 108:1, 109:7, 113:19, 126:10Sholem [3] - 2:6, 74:20, 75:4Sholom [40] - 2:4, 2:5, 3:2,

4:25, 9:8, 9:11, 9:19, 37:9, 53:18, 70:9, 70:21, 70:23, 72:9, 73:1, 77:22, 78:18, 80:10, 80:14, 80:20, 82:11, 84:5, 86:9, 93:1, 93:4, 96:21, 100:21, 101:14, 102:16, 105:10, 107:16, 107:18, 109:3, 109:10, 109:22, 110:16, 121:7, 121:24, 122:13, 122:18, 127:4Sholom's [1] - 72:17shooting [2] - 56:16, 61:13short [3] - 44:24, 123:14,

129:25shorter [1] - 131:15shortly [1] - 42:14Shortly [1] - 107:17shot [1] - 45:1show [12] - 27:11, 27:21,

28:1, 65:22, 69:11, 85:22, 111:24, 124:25, 125:16, 125:18, 125:21, 127:15showed [1] - 90:3showing [3] - 27:24, 28:4,

50:6shown [1] - 123:2shows [1] - 107:2shred [7] - 67:7, 67:10,

67:16, 67:20, 67:23, 68:2, 68:8Shred [1] - 67:20shredded [5] - 67:15, 67:24,

68:6, 68:7, 68:14shredder [1] - 67:16Shredding [1] - 67:17shredding [1] - 68:10shrunk [1] - 30:12Shuvyim [1] - 79:3Shvuyim [3] - 79:2, 79:7sic [9] - 4:4, 33:9, 79:3, 90:4,

100:21, 101:19, 101:20, 110:10, 117:16side [5] - 32:11, 32:17,

36:17, 36:23signature [1] - 102:15signatures [2] - 57:10,

102:12signed [4] - 38:22, 101:14,

103:10, 104:23significant [2] - 21:20,

118:14

Significantly [1] - 122:3signs [2] - 33:22, 82:22simple [1] - 78:11simply [7] - 25:10, 119:16,

125:9, 127:8, 127:9, 128:2, 128:20sincere [1] - 117:16single [10] - 14:8, 18:24,

19:25, 24:6, 27:3, 66:22, 67:17, 67:18, 69:11, 82:9Sioux [6] - 49:17, 86:1, 88:8,

93:14, 117:6, 130:5sisters [1] - 77:13sit [1] - 128:21site [2] - 12:21, 89:14sites [1] - 14:4sitting [8] - 30:23, 32:23,

55:7, 63:12, 67:14, 68:9, 68:11, 130:24situation [2] - 35:18, 119:17six [3] - 27:17, 27:18, 93:15Skelton [7] - 2:3, 4:5, 4:6,

4:8, 4:9, 4:18, 9:4sleep [2] - 13:10, 13:12slept [3] - 13:23, 13:25, 14:1slide [1] - 93:12slip [2] - 101:18, 103:1sociable [1] - 27:19softy [1] - 34:1solid [1] - 120:2solver [1] - 117:16someone [1] - 50:16someplace [2] - 51:9,

132:11sometime [3] - 25:21, 25:25,

108:2Sometimes [1] - 12:11sometimes [4] - 24:9, 24:14,

30:20, 36:7somewhat [1] - 70:15somewhere [4] - 23:23,

28:20, 62:2, 131:14son [5] - 26:7, 26:10, 28:8,

121:22, 122:17soon [4] - 128:12, 128:25,

129:4, 129:9sorry [6] - 4:7, 40:17, 78:8,

91:12, 122:4, 132:19sort [8] - 10:18, 17:24,

22:22, 23:17, 69:16, 79:17, 80:7, 124:16South [6] - 23:1, 23:12, 77:6,

84:15, 130:5Southeast [1] - 77:6Spain [1] - 75:20speaking [1] - 77:5Special [1] - 95:19special [6] - 26:7, 27:10,

31:19, 76:10, 96:9, 101:13


14

specific [5] - 8:10, 49:2, 49:10, 91:15, 96:25specifically [4] - 40:7,

91:14, 106:1, 112:19specifics [1] - 21:10speed [2] - 26:25, 36:7spell [2] - 96:5, 122:5spend [3] - 26:24, 27:3,

82:19spent [3] - 22:18, 27:15,

125:13spirits [1] - 22:17spiritual [3] - 81:11, 85:6,

85:12spite [1] - 128:16spouse [1] - 103:6spreadsheet [2] - 66:9, 93:7spreadsheets [2] - 63:25,

65:5spring [1] - 126:2staff [2] - 10:14, 30:1stand [11] - 4:13, 32:2,

55:19, 58:17, 65:12, 74:24, 96:2, 116:19, 122:8, 126:23, 131:7stand-by [1] - 131:7standard [2] - 114:14,

114:25stands [4] - 115:15, 115:18,

119:13, 122:16start [3] - 25:22, 130:20,

130:23started [9] - 15:17, 16:1,

17:19, 23:5, 23:22, 24:15, 47:3, 63:23, 66:10starting [1] - 7:12starts [2] - 23:24, 27:18state [14] - 4:16, 6:10, 8:9,

8:18, 9:17, 12:18, 25:24, 31:25, 56:6, 70:20, 75:3, 78:20, 96:5State [2] - 101:20, 103:2statement [8] - 61:14, 65:19,

67:5, 105:8, 105:11, 105:13, 105:15, 105:22statements [15] - 61:13,

63:20, 64:4, 64:13, 64:21, 65:16, 65:17, 65:20, 66:2, 66:14, 66:19, 67:2, 67:24, 68:13, 97:20states [1] - 22:8States [9] - 3:2, 4:20, 14:6,

33:16, 33:18, 96:21, 99:21, 107:3, 112:7stating [1] - 31:12stature [1] - 85:25status [2] - 86:10, 118:4statute [1] - 3:6stay [7] - 19:20, 19:21,

24:24, 25:4, 25:8, 34:7, 36:12


167 of 219

stayed [4] - 10:2, 13:14, 15:12, 15:13staying [3] - 6:7, 28:16,

113:10stays [1] - 6:4step [5] - 9:5, 69:20, 74:16,

92:11, 113:24stick [1] - 129:19still [11] - 47:17, 47:20,

62:18, 65:13, 69:13, 90:10, 100:14, 113:19, 117:1, 117:2, 129:23stopped [3] - 22:9, 62:2,

62:9story [10] - 16:8, 16:12,

17:20, 36:18, 36:23, 44:11, 44:12, 50:4, 50:8, 78:8strategy [2] - 18:7, 79:24strenuous [1] - 13:11stretch [1] - 123:10stretches [1] - 119:20strict [1] - 19:19strong [7] - 21:24, 28:7,

47:5, 82:9, 85:14, 90:6, 119:3strongly [4] - 28:11, 72:14,

85:15, 86:18structure [1] - 82:18student [1] - 72:23students [12] - 10:22, 10:23,

72:1, 72:7, 72:12, 72:16, 72:19, 72:20, 72:23, 73:5, 76:12, 89:4Studied [1] - 75:9studies [3] - 71:11, 72:4,

75:13study [5] - 10:12, 71:25,

72:2, 89:5studying [1] - 22:18stuff [8] - 21:13, 30:21,

51:25, 52:9, 53:23, 63:7, 68:2, 126:20stupid [1] - 34:22subject [2] - 25:15, 109:17submit [6] - 115:5, 116:1,

117:12, 120:14, 121:9, 123:17submitted [1] - 119:7subpoenas [1] - 130:17substantial [6] - 116:14,

116:17, 120:19, 121:16, 124:8, 124:15substantially [1] - 129:19Suburban [1] - 13:19success [1] - 16:6successful [1] - 116:1sucker [1] - 34:2suddenly [4] - 27:14, 44:1,

44:25, 45:2suggestion [1] - 33:13suitable [1] - 86:13

suits [1] - 127:9summer [3] - 109:10,

111:23, 112:11summoned [1] - 131:6sunrise [3] - 23:24, 24:11,

24:12supervised [2] - 5:15, 7:24supervising [2] - 4:25, 5:10supervision [1] - 5:4supervisor [1] - 97:10supervisory [1] - 7:23supper [1] - 27:4supplemented [1] - 117:20supplied [2] - 3:10, 117:21support [37] - 3:16, 16:21,

18:13, 18:17, 18:24, 19:2, 19:5, 19:6, 19:10, 22:9, 22:11, 22:14, 34:10, 34:13, 85:23, 88:11, 88:14, 88:18, 89:23, 90:1, 90:6, 90:10, 92:19, 92:22, 93:4, 93:18, 94:1, 94:8, 117:24, 118:9, 118:15, 119:18, 121:10, 122:11, 125:4supporting [4] - 86:20, 87:1,

90:12, 91:25supportive [2] - 19:1, 28:25supposed [10] - 20:1, 25:21,

29:19, 30:1, 39:18, 48:24, 48:25, 91:2, 91:6, 91:24supposedly [1] - 112:6surprised [1] - 32:2suspended [1] - 129:11switched [1] - 13:23sworn [5] - 4:10, 9:12,

70:10, 74:21, 95:24synagogue [1] - 42:16synagogues [2] - 35:13,

93:17synopsis [1] - 75:15System [1] - 106:14system [11] - 7:20, 20:19,

25:4, 25:9, 30:25, 36:24, 65:5, 75:9, 90:13, 122:19

Ttallits [1] - 24:7Talmud [1] - 10:20tape [2] - 7:19, 20:13taped [2] - 7:18, 7:19target [6] - 34:6, 40:3, 53:16,

65:6, 109:8, 109:11targeted [1] - 40:8targets [1] - 34:7tarnish [1] - 25:13teach [7] - 10:14, 24:18,

76:7, 76:8, 76:10teacher [1] - 75:6teaches [1] - 72:19

teaching [3] - 10:4, 10:16, 10:18team [3] - 18:8, 79:20, 80:6teams [1] - 79:16tefillin [1] - 24:7Tel [1] - 106:4telephone [5] - 97:15, 98:2,

111:13, 130:14, 132:20ten [12] - 10:16, 24:13,

24:14, 26:3, 32:16, 81:16, 83:8, 118:15, 120:1, 122:17, 124:19term [2] - 77:15, 89:25terms [3] - 19:24, 93:13,

127:15terrible [3] - 31:25, 36:8,

61:23testified [24] - 4:11, 9:13,

29:13, 39:17, 39:25, 41:9, 41:19, 43:16, 47:4, 48:5, 51:20, 53:10, 55:13, 56:7, 57:13, 70:11, 74:22, 93:1, 94:6, 95:25, 109:3, 110:7, 117:13, 120:25testifies [1] - 127:6testify [1] - 94:7testimony [49] - 11:20, 29:6,

34:20, 37:11, 37:18, 37:20, 38:2, 38:3, 38:5, 39:23, 40:16, 41:25, 42:3, 42:4, 43:19, 48:22, 49:17, 49:23, 50:10, 50:15, 50:17, 51:24, 52:1, 53:12, 53:13, 54:2, 55:14, 56:24, 57:21, 61:6, 62:21, 66:12, 70:14, 73:2, 95:3, 102:12, 110:2, 110:4, 114:18, 117:10, 117:15, 117:18, 122:23, 123:21, 126:24, 127:1, 127:3, 132:3testing [1] - 81:1text [2] - 5:24, 12:11texted [3] - 12:2, 12:11, 13:5texting [1] - 12:2Thanksgiving [2] - 83:25,

130:1theft [1] - 117:3thinker [1] - 47:7thinking [1] - 131:15third [1] - 117:7thirty [1] - 24:14thou [1] - 34:18thoughts [1] - 87:13thousand [1] - 65:13thousands [4] - 82:12,

83:21, 86:21three [10] - 13:20, 13:21,

26:12, 27:12, 66:8, 72:8, 75:13, 84:3, 85:19, 131:21three-quarters [2] - 84:3,

85:19


15

throughout [6] - 16:11, 18:18, 20:22, 119:20, 119:21throw [3] - 28:13, 116:1,

120:21throwing [1] - 28:15thumb [11] - 49:14, 49:20,

50:1, 50:3, 50:5, 50:8, 50:11, 50:25, 51:3, 52:19, 126:14Thursday [1] - 5:12Thursdays [1] - 24:9ticket [9] - 31:3, 31:5, 31:18,

31:23, 34:4, 100:25, 101:23, 103:9tickets [8] - 30:19, 31:7,

42:22, 43:21, 43:23, 105:25, 106:5, 132:11tie [3] - 59:4, 59:8, 124:15tied [1] - 46:8ties [7] - 94:24, 118:12,

118:14, 118:22, 123:19, 124:8, 124:18tight [1] - 28:8Timbuktu [1] - 90:15timeline [1] - 129:12timely [1] - 6:20tirelessly [1] - 122:12Title [1] - 115:14title [1] - 97:8Toby [18] - 33:22, 43:12,

51:11, 51:13, 51:16, 52:1, 52:5, 52:6, 52:9, 54:14, 54:16, 57:18, 58:17, 60:15, 60:20, 61:4, 121:1, 121:5Toby's [3] - 51:21, 51:23,

54:16today [20] - 28:24, 37:19,

48:22, 49:24, 51:24, 52:20, 54:4, 64:1, 94:15, 95:4, 108:22, 114:6, 114:19, 117:11, 117:23, 125:20, 126:24, 127:3, 127:7, 128:21today's [1] - 88:2together [15] - 17:17, 23:10,

42:24, 51:15, 72:8, 72:16, 72:25, 73:10, 79:8, 79:15, 79:20, 80:7, 80:8, 89:4, 89:5tomorrow [2] - 68:12, 122:7Tona's [1] - 67:14took [28] - 8:9, 12:18, 13:18,

15:19, 16:2, 17:2, 18:5, 30:8, 32:24, 33:1, 38:19, 42:21, 43:21, 46:11, 52:4, 53:3, 53:8, 53:11, 54:10, 55:10, 55:11, 60:15, 63:5, 67:14, 85:14, 126:18, 126:23top [2] - 84:17, 84:22topic [1] - 29:5topics [1] - 96:25Torah [9] - 10:20, 24:10,

35:12, 35:14, 74:3, 74:4,


168 of 219

74:5, 74:9, 93:18Toronto [1] - 110:8Torson [2] - 43:3, 43:5total [2] - 93:9, 93:25totally [2] - 50:19, 65:7touch [7] - 12:9, 20:14, 80:1,

80:12, 84:18, 129:15touched [1] - 78:2toughest [1] - 127:20toward [1] - 131:11town [2] - 5:21, 44:22track [1] - 6:7trained [2] - 37:12, 38:22transcriber [1] - 113:2transcript [2] - 98:11,

100:17transcripts [3] - 98:19,

98:24, 99:2transferred [1] - 107:20transportation [1] - 6:22Travel [3] - 30:25, 43:1travel [18] - 5:21, 6:1, 6:9,

6:16, 11:22, 11:24, 12:14, 13:16, 14:6, 30:15, 30:24, 31:22, 32:23, 42:21, 43:18, 105:2, 106:3, 129:25traveled [2] - 14:7, 85:7travels [2] - 88:21, 111:19Treatment [1] - 78:6tremendous [1] - 35:7trial [55] - 9:21, 11:11,

19:14, 19:15, 20:22, 22:3, 23:19, 25:16, 25:22, 25:25, 29:7, 29:24, 41:9, 55:13, 55:21, 56:4, 57:13, 60:24, 80:17, 84:8, 84:14, 85:25, 86:3, 86:8, 88:7, 89:2, 89:11, 91:3, 92:20, 92:23, 93:14, 93:19, 114:4, 116:25, 117:5, 117:13, 117:19, 118:10, 119:15, 121:1, 121:13, 123:25, 126:24, 127:8, 127:18, 128:14, 129:2, 129:20, 130:7, 130:9, 131:5, 131:13, 131:15trials [1] - 128:17tried [6] - 20:14, 24:1, 29:16,

44:22, 52:17, 122:12trigger [1] - 15:17trip [2] - 13:11, 31:15trips [5] - 6:19, 7:8, 7:13,

8:9, 12:17trouble [2] - 47:3, 131:2truck [2] - 55:8, 57:9trucking [1] - 17:6true [19] - 34:3, 38:16,

38:18, 38:19, 44:13, 45:21, 46:10, 48:16, 49:25, 50:25, 53:4, 53:20, 53:22, 108:24, 109:5, 110:12, 110:19,

111:11, 127:4Trust [1] - 51:9trust [2] - 34:21, 35:7trustee [1] - 11:16trustworthy [1] - 117:17truth [10] - 41:11, 49:6,

50:22, 50:23, 50:24, 51:13, 54:11, 56:11, 88:17Truth [1] - 48:13truthful [1] - 55:14try [10] - 26:25, 27:13, 27:22,

70:16, 79:9, 79:16, 124:5, 126:4, 129:8trying [7] - 17:20, 40:21,

46:2, 47:1, 48:20, 58:15, 61:11Tsymuk [1] - 122:6Tuesday [4] - 67:12, 129:24,

130:4Turkey [1] - 75:21turn [1] - 47:6Turning [2] - 100:10, 100:16turnover [1] - 30:5twelve [2] - 17:7, 23:8twenty [5] - 24:14, 69:25,

81:17, 87:2twenty-five [1] - 81:17twice [1] - 85:16Twice [1] - 55:9Twin [2] - 60:6, 60:7Two [2] - 98:8, 105:13two [17] - 6:15, 7:8, 12:19,

13:19, 13:21, 27:12, 32:11, 32:12, 44:25, 59:20, 62:10, 66:8, 72:7, 89:17, 108:25, 109:4, 109:11Two-page [1] - 105:13two-shift [1] - 32:11type [7] - 18:17, 19:6, 42:7,

97:8, 124:14, 129:7, 131:3typically [2] - 12:6, 35:15Typically [1] - 24:13

Uunbelievable [1] - 119:18under [18] - 3:6, 22:16,

32:14, 55:20, 55:22, 56:3, 61:15, 65:12, 82:16, 86:13, 115:14, 115:17, 116:8, 117:7, 118:12, 126:24, 128:11undergo [1] - 81:1understood [4] - 13:7,

20:15, 52:16, 62:8undocumented [1] - 38:12unequivocally [1] - 86:17unfavorable [1] - 115:22unforthcoming [1] - 64:9unimaginable [1] - 87:10unintelligible [1] - 112:23

Union [3] - 83:13, 83:14unique [3] - 116:23, 118:4,

119:17United [9] - 3:2, 4:20, 14:6,

33:16, 33:18, 96:21, 99:21, 107:3, 112:7units [1] - 45:2university [1] - 75:11unlawfulness [1] - 123:14Unless [1] - 55:25unless [2] - 11:18, 66:21unlike [1] - 44:16unmatched [1] - 80:23unprecedented [1] - 121:11unreliable [1] - 111:11unwavering [1] - 121:21up [48] - 5:23, 12:6, 22:17,

22:20, 23:21, 31:17, 31:23, 33:23, 36:16, 39:3, 39:4, 42:1, 45:1, 47:9, 58:8, 58:14, 58:19, 58:20, 58:22, 60:12, 60:25, 61:8, 69:11, 78:23, 79:9, 79:13, 81:21, 82:3, 82:18, 83:24, 89:6, 89:8, 90:3, 93:17, 100:11, 113:6, 124:25, 125:16, 125:18, 125:21, 126:5, 126:13, 127:15, 128:16, 130:13, 131:3, 131:21, 132:4urging [1] - 94:8utilize [1] - 20:17Uzbekistan [1] - 75:21

Vvalue [2] - 67:13, 93:8Value [1] - 11:14van [3] - 13:18, 13:19Vanhoven [4] - 60:5, 65:10,

65:11, 65:12various [5] - 5:25, 77:4,

78:19, 80:1, 110:11Vehicle [1] - 6:24vehicle [1] - 7:1verdict [14] - 19:14, 20:2,

20:21, 20:25, 21:8, 21:12, 21:19, 25:5, 35:23, 114:24, 115:20, 117:5, 117:23, 120:13Verdict [1] - 119:14version [1] - 16:8versus [2] - 3:2, 96:21via [5] - 97:23, 97:24, 98:1,

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Wwaited [1] - 12:3waiting [1] - 129:18walked [1] - 63:4wants [1] - 27:9warm [1] - 132:11warrant [1] - 45:4waste [1] - 121:15watching [1] - 121:10ways [1] - 50:23wear [1] - 20:3wearing [1] - 7:17week [18] - 11:16, 16:5,

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69:22, 92:13witness' [1] - 70:14witnesses [7] - 3:18, 93:14,

117:10, 117:15, 117:19, 120:25, 130:24woman [1] - 23:11word [8] - 19:24, 22:23,

25:11, 27:17, 32:14, 117:17, 123:2words [3] - 27:6, 42:22,

87:13worker [1] - 40:8workers [2] - 39:21, 44:19workforce [1] - 30:12works [1] - 124:9world [14] - 16:12, 19:2,

22:5, 27:1, 27:2, 27:25, 28:5, 77:2, 77:5, 78:2, 85:5, 86:22, 119:21, 121:10worldwide [2] - 77:9, 84:14worship [1] - 93:17worth [1] - 16:15worthless [1] - 17:6wrapped [1] - 131:21writes [1] - 121:24written [5] - 44:16, 101:12,

122:7, 123:3, 123:6wrote [1] - 85:18

Yyear [14] - 31:14, 44:25,

74:6, 74:7, 78:21, 78:22, 79:21, 86:19, 89:18, 95:1, 122:11, 122:21year-and-a-half [3] - 44:25,

122:11, 122:21years [16] - 4:23, 26:12,

27:17, 27:18, 28:18, 28:22, 31:15, 44:25, 58:6, 59:20, 72:11, 75:13, 76:22, 81:17, 87:3, 118:21Yeshiva [4] - 19:2, 75:9,

75:10, 75:12yesterday [3] - 122:8,

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123:12yourself [2] - 9:22, 98:22

ZZeev [3] - 100:4, 100:6,

100:7Zenor [1] - 129:14zero [1] - 64:14Zwiebel [1] - 94:5


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1

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF IOWA

EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, No. 08-CR-1324-LRR

vs. ORDER

SHOLOM RUBASHKIN,

Defendant.____________________

I. INTRODUCTION

The matter before the court is the government�’s �“Request for Detention�”

(�“Motion�”) (docket no. 737).

II. RELEVANT PROCEDURAL BACKGROUND

On November 12, 2009, a jury returned guilty verdicts (�“Verdicts�”) (docket no.

736) against Defendant Sholom Rubashkin on Counts 73-143, 145-152, 156-161 and 163

of the Seventh Superseding Indictment (�“Indictment�”) (docket no. 544). Immediately after

the jury returned the Verdicts, the government requested that the court detain Defendant

pending sentencing. The court detained Defendant pending an evidentiary hearing

(�“Hearing�”) on detention.

That same date, Defendant filed a �“Memorandum in Support for Motion for

Continued Release Pending Sentencing�” (�“Def. Br.�”) (docket no. 733). On November 16,

2009, the government filed the Motion.

On November 18, 2009, the court held the Hearing. At the Hearing, Assistant

United States Attorneys C.J. Williams, Peter Deegan, Jr., and Matthew Cole represented

the government. Attorneys F. Montgomery Brown and Guy Cook represented Defendant,

who was personally present. At the Hearing, the court received testimony and other

Case 2:08-cr-01324-LRR Document 748 Filed 11/20/09 Page 1 of 6


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2

evidence. Due to the nature of the evidence and arguments, the court reserved ruling on

the Motion pending the issuance of the instant Order. Defendant was detained pending

resolution of the Motion.

III. STANDARD OF REVIEW

Title 18, United States Code, Section 3143(a) governs a defendant�’s release or

detention pending sentencing. Section 3143(a) provides, in relevant part:

[. . . T]he judicial officer shall order that a person who hasbeen found guilty of an offense and who is awaiting impositionor execution of sentence, other than a person for whom theapplicable guideline promulgated pursuant to 28 U.S.C.[§] 994 does not recommend a term of imprisonment, bedetained, unless the judicial officer finds by clear andconvincing evidence that the person is not likely to flee or posea danger to the safety of any other person or the community ifreleased under [§] 3142(b) or (c). If the judicial officer makessuch a finding, such judicial officer shall order the release ofthe person in accordance with [§] 3142 (b) or (c).

18 U.S.C. § 3143(a).

The presumption in 18 U.S.C. § 3142(b), which governs a defendant�’s release or

detention before trial, favors release. United States v. Kills Enemy, 3 F.3d 1201, 1203

(8th Cir. 1993) (citing 18 U.S.C. § 3142(b)). In contrast, the presumption in 18 U.S.C.

§ 3143(a), which governs a defendant�’s release or detention after trial and before

sentencing, favors detention. Id. (citing 18 U.S.C. § 3143(a)). As a result, �“[a] convicted

person awaiting sentence is no longer entitled to a presumption of innocence or

presumptively entitled to his freedom.�” Id. A defendant carries the burden to show by

clear and convincing evidence that he or she �“is not likely to flee if released upon suitable

conditions.�” United States v. Welsand, 993 F.2d 1366, 1367 (8th Cir. 1993) (per curiam).

IV. ANALYSIS

In addition to the evidence presented at the Hearing, the parties rely on evidence

previously presented in conjunction with Defendant�’s pretrial detention and release (docket



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nos. 132, 134, 158, 162, 164, 166, 171, 194 and 199). The court has reviewed this

evidence and incorporates it into the instant analysis. The court sets forth the new

evidence and arguments related to detention below.

A. Defendant�’s Evidence and Arguments

Defendant argues that he has provided clear and convincing evidence to show that

he is not a flight risk. Defendant argues that, aside from the fact that the jury returned the

Verdicts, his circumstances have not changed since the court ruled on his pretrial release

in the Order on his detention (�“Detention Order�”) (docket no. 199). Defendant insists that

his circumstances do not warrant detention.

At the Hearing, United States Probation Officer (�“USPO�”) Lindsey Skelton testified

that Defendant fully complied with all the terms of his pretrial release. USPO Skelton also

testified that Defendant never abused his permission to travel out of state while on pretrial

release and, when his Global Positioning System monitoring ankle bracelet became

dislodged from his ankle, he alerted her immediately to allow for its expedient repair.

Defendant argues that this compliance with the terms of his pretrial release is concrete

proof that he is not a flight risk.

Defendant testified that he has no intent to flee despite the Verdicts. Defendant

testified that he is committed to following the court�’s rulings, no matter the outcome of this

case. Defendant testified that his religion obligated him to comply with the court�’s rulings.

Defendant also testified about his involvement in the Postville, Iowa, and larger

Jewish community during his pretrial release. In particular, Defendant testified that he

spent a substantial amount of time teaching the Torah to students enrolled at a Jewish

school in Postville. Defendant reiterated that he has a strong relationship with his family

as well as the Jewish community in Postville and at large.

Defendant testified that the instant action generated a great deal of interest and

media attention in the Jewish community. Defendant testified that he received a great deal



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1 Defendant also argued that detention would make it difficult for him to prepare fortrial on Counts 1-72 of the Indictment (�“Immigration Counts�”). However, on November19, 2009, the court dismissed the Immigration Counts against Defendant. Therefore,Defendant�’s argument related to trial preparation on the Immigration Counts is moot.

4

of support from members of the Jewish community through a committee formed by Rabbi

Hecht, which funded Defendant�’s defense. As a result of this support from his religious

community, Defendant argued that, if he were to flee, he would essentially abandon and

betray his family and his community.1

Rabbi Hecht, who was heavily involved with the committee that raised money and

supported Defendant�’s defense fund, testified about Defendant�’s visibility in the Jewish

community. Rabbi Hecht testified that, due to the publicity of this trial and the interest it

generated in the larger Jewish community, Defendant would be known in any community

to which he sought to flee. Rabbi Hecht believes that, as a result, there is nowhere

Defendant could hide.

Defendant also presented over one thousand letters and e-mails of support written

by members of his community who vouch for Defendant�’s willingness to cooperate with

the law. Additionally, Defendant presented evidence of forty-three individuals willing to

pledge the equity in their homes for Defendant�’s bail. The court also considers the pledges

of support from Rabbi Kotlarsky and Rabbi Kivman, which were submitted to the court

after the Hearing.

B. Government�’s Evidence and Arguments

The government argues that Defendant poses an unacceptable flight risk. The

government argues that, because he has been convicted and faces many years of

imprisonment, Defendant has �“a far greater incentive to flee�” than during his pretrial

release. Gov�’t. Br. at 1. The government also presented evidence that Defendant violated

the terms of his pretrial release by �“committing bank fraud, attempting to obstruct justice[]

and tampering with evidence.�” Id.



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The government presented the testimony of Special Agent Michael Fischels. S/A

Fischels testified that he spoke with Co-Defendant Hosam Amara on the telephone about

Amara�’s flight from the United States to Israel. Amara indicated to S/A Fischels that

Defendant told him to leave the United States and return to Israel in order to remove

himself from the situation facing Agriprocessors. The government also presented a copy

of a check and bank documents that suggest Defendant provided financial assistance to

Amara around the time that Amara fled the United States.

S/A Fischels also testified about Defendant�’s involvement with Schlomo Ben Chaim.

This individual was a key witness who signed I-9s for certain illegal aliens on the Hunt

payroll. S/A Fischels stated that he had learned through Mike Kruckenberg of Freedom

Bank that Defendant was going to take over properties owned by Ben Chaim after Ben

Chaim left the United States.

C. Ruling

The court finds that the government�’s evidence for detention is compelling.

Defendant�’s actions prior to and during the pendency of the instant action, when coupled

with the powerful incentive to flee due to the jury�’s return of the Verdicts, demonstrates

that Defendant poses a flight risk. The court notes that, in the Detention Order, it

previously found that Defendant posed a flight risk.

The court acknowledges the overwhelming support that Defendant�’s community has

provided during the trial and the instant proceeding. The court also recognizes that

Defendant took great pains to comply with the terms of his pretrial release. The court

agrees that Defendant has shown he is committed to his family and to his community.

Nevertheless, the court finds that this evidence does not rise to the �“clear and convincing�”

level necessary to show that he is �“not likely to flee [. . .] if released under [§] 3142(b) or

(c).�” 18 U.S.C. § 3143(a). Accordingly, the court shall grant the Motion.



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V. CONCLUSION

In light of the foregoing, the Motion (docket no. 737) is GRANTED. Defendant

shall remain detained pending sentencing.

IT IS SO ORDERED.

DATED this 20th day of November, 2009.



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UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

___________________

No: 09-3939 ___________________

United States of America,

Plaintiff - Appellee

v.

Sholom Rubashkin,

Defendant - Appellant ______________________________________________________________________________

Appeal from U. S. District Court for the Northern District of Iowa - Dubuque (2:08-cr-01324-LRR-2)

______________________________________________________________________________

JUDGMENT Appellant Rubashkin’s motion for release pending sentencing has been considered by the

court and is denied. Mandate shall issue forthwith.

January 08, 2010 Order Entered at the Direction of the Court: Clerk, U.S. Court of Appeals, Eighth Circuit. ____________________________________ /s/ Michael E. Gans

Case: 09-3939 Page: 1 Date Filed: 01/08/2010 Entry ID: 3622482


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nos 10-2487 10-3580

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