AU 24511 tRev. 071 Judgment in a Criminal Case Sheet United States District Court NORTHERN DISTRICT OF IOWA UNITED OI: JUDGMENT IN A CRIMINAL CASE V. SHOLOM RUBASHKIN Case Number: CR 08-1324-2-1.RR USM Number: 10755-029 Guy R. Cook Defendant's Attorney THE DEFENDANT: pleaded guilty to El pleaded nolo contendere to count(s) which was accepted by the court. I was found guilty on countts) 73 through 1-13. 145 through 152. 156 through 161, and 163 of the alter a plea ot?not guilty. Seventh Stinerseding Indictment ?led on 07/16/2009 The defendant is adjudicated guilty ol?these offenses: Title 8: Section Nature of Offense Offense Ended Count 18 U.S.C. 1344 Bank Fraud 09/04/2007 73 18 U.S.C. 1344 Bank Fraud 10/01/2007 74 13 U.S.C. 1344 Bank Fraud 11/01/2007 75 18 U.S.C. 134-1 Bank Fraud 12/03/2007 76 18 U.S.C. 1344 Bank Fraud 01/02/2008 77 18 U.S.C. 1344 Bank Fraud 02/01/2008 73 18 1344 Bank Fraud 03/03/2008 79 Continued on following page The defendant is sentenced as provided in pages 2 through 9 ot'this judgment- The sentence is imposed pursuant to the Sentencing Reform Act 01198-1. I The defendant has been found not guilty 1-1-1. 153-155. and 162 of the Seventh Superseding Indictment Counts is-are dismissed on the motion of the United States. IT IS ORDERED that the defendant must notify the United States attorney for this district within 30 days ofaiw chart ofname. residence. or mailing address until all ?nes. restittitioiucosts. and special assessments imposed by this judgment are hilly paid. It or cred to pay restitution. the defendant must noitly the court and United States attomey til material change in econonne Circumstances. June 22. 2010 A Signal in: til'Judicial Ol'liccr Linda R. Reade Chief US. District Court Judge Nut 1d 22,2410 lJateU Case Document 929 Filed 06/22/10 Page 1 of 9 A0 2458 (Rev. l/01)Judgment in a Criminal Case Case Document 929 Filed 06/22/10 Page 2 of 9 Sheet 1A Judgment?age i=of=0l= DEFENDANT: SHOLOM RUBASHKIN CASE NUMBER: CR 08-1324-2-LRR ADDITIONAL COUNTS OF CONVICTION Title 8: Section Nature of Offense Offense Ended Count 18 U.S.C. 1344 Bank Fraud 04/01/2008 30 18 U.S.C. 1344 Bank Fraud 05/01/2008 81 18 U.S.C. 1344 Bank Fraud 06/0212008 82 18 U.S.C. 1344 Bank Fraud 07/01/2008 83 18 U.S.C. 1344 Bank Fraud 08/01/2008 84 18 U.S.C. 1344 Bank Fraud 09/02/2008 85 18 U.S.C. 1344 Bank Fraud 10/07/2008 86 18 U.S.C. 1014 False Statements and Reports to a Bank 09104/2007 87 18 U.S.C. 1014 False Statements and Reports to a Bank 10/01/2007 88 18 U.S.C. 1014 False Statements and Reports to a Bank 11/01/2007 89 18 U.S.C. 1014 False Statements and Reports to a Bank 12/03/2007 90 18 U.S.C. 1014 False Statements and Reports to a Bank 01/02/2008 91 18 U.S.C. 1014 False Statements and Reports to a Bank 02/01/2008 92 18 U.S.C. 1014 False Statements and Reports to a Bank 03/03/2008 93 18 U.S.C. 1014 False Statements and Reports to a Bank 04/01/2008 94 18 1014 False Statements and Reports to a Bank 05/01/2008 95 18 U.S.C. 1014 False Statements and Reports to a Bank 06/02/2008 96 18 U.S.C. 1014 False Statements and Reports to a Bank 07/01/2008 97 18 U.S.C. 1014 False Statements and Reports to a Bank 08/01/2008 98 18 U.S.C. 1014 False Statements and Reports to a Bank 09/02/2008 99 18 U.S.C. 1014 False Statements and Reports to a Bank 10/07/2008 100 18 U.S.C. 1014 False Statements and Reports to a Bank May 2008 101 18 U.S.C. 1014 False Statements and Reports to a Bank 02/29/2008 102 18 U.S.C. 1014 False Statements and Reports to a Bank 03/27/2008 103 a 18 U.S.C. 1014 False Statements and Reports to a Bank 04/18/2008 104 18 U.S.C. 1014 False Statements and Reports to a Bank 05/20/2008 105 18 U.S.C. 1014 False Statements and Reports to a Bank 07/02/2008 106 18 U.S.C. 1014 False Statements and Reports to a Bank August 2008 107 18 U.S.C. 1014 False Statements and Reports to a Bank 09/03l2008 108 18 U.S.C. 1014 False Statements and Reports to a Bank October 2008 109 18 U.S.C. 1014 False Statements and Reports to a Bank October 2008 110 18 U.S.C. 1343 Wire Fraud 09/04/2007 111 18 U.S.C. 1343 Wire Fraud 10I01l2007 112 18 U.S.C. 1343 Wire Fraud 11/01/2007 113 18 U.S.C. 1343 Wire Fraud 12/03/2007 114 18 U.S.C. 1343 Wire Fraud 01/02/2008 115 18 U.S.C. 1343 Wire Fraud 02/01/2008 116 18 U.S.C. 1343 Wire Fraud 03/03/2008 117 18 U.S.C. 1343 Wire Fraud 04l01/2008 118 18 U.S.C. 1343 Wire Fraud 05/01/2008 119 18 U.S.C. 1343 Wire Fraud 06/02/2008 120 18 U.S.C. 1343 Wire Fraud 07/01/2008 121 18 U.S.C. 1343 Wire Fraud 08/01/2008 122 18 U.S.C. 1343 Wire Fraud 09102l2008 123 18 U.S.C. 1343 Wire Fraud 10l07/2008 124 Continued on next page A0 2458 Sheet IA DEFENDANT: CASE NUMBER: Title Section 18 U.S.C. 1341 18 U.S.C. 1341 18 1341 18 U.S.C. 1341 18 U.S.C. 1341 18 U.S.C. 1341 18 U.S.C. 1341 18 U.S.C. 1341 18 U.S.C. 1341 18 U.S.C. 1956 18 U.S.C. 1956 18 U.S.C. 1956 18 U.S.C. 1956 18 1956 18 1956 18 U.S.C. 1956 18 U.S.C. 1956 18 U.S.C. 1956 18 U.S.C. 1956 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 7 U.S.C. 193 and 195 Continued on next page Case Document 929 Filed 06/22/10 Page 3 of 9 (Rev. 1 li07) Judgment in a Criminal Case SHOLOM RUBASHKIN CR 08-1324-2-LRR ?gment Page ADDITIONAL COUNTS OF CONVICTION Nature 0! Offense Mail Fraud Mail Fraud Mail Fraud Mail Fraud Mail Fraud Mail Fraud Mail Fraud Mail Fraud Mail Fraud Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Money Laundering and Aiding and Abetting Willful Violation of Order of Secretary of Agriculture and Aiding and Abetting Willful Violation of Order of Secretary of Agriculture and Aiding and Abetting Violation of Order of Secretary of Agriculture and Aiding and Abetting Willful Violation of Order of Secretary of Agriculture and Aiding and Abetting Willi'ul Violation of Order of Secretary of Agriculture and Aiding and Abetting Willful Violation of Order of Secretary of Agriculture and Aiding and Abetting Willi?ul Violation of Order of Secretary of Agriculture and Aiding and Abetting Willful Violation of Order of Secretary of Agriculture and Aiding and Abetting Willful Violation of Order of Secretary of Agriculture and Aiding and Abetting Willi'ul Violation of Order of Secretary of Agriculture and Aiding and Abetting Willi'ul Violation of Order of Secretary of Agriculture and Aiding and Abetting Willi'ul Violation of Order of Secretary of Agriculture and Aiding and Abetting Willful Violation of Order of Secretary of Agriculture and Aiding and Abetting O?ense Ended 02/29/2008 03/27/2008 04/18/2008 05/20/2008 07/02/2008 August 2008 09/03/2008 October 2008 October 2008 08/09/2007 09/19/2007 10/17/2007 1 1/14/2007 12/11l2007 01/15/2008 02/26/2008 03/18/2008 05/13/2008 02/15/2008 02/25/2008 02/25/2008 02/19/2008 02/19/2008 02/26/2008 03/04/2008 03/04/2008 03/07/2008 03/25/2008 04/02/2008 04/02/2008 04/05/2008 3 of Count 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 145 146 147 148 149 150 151 152 156 157 158 159 160 A0 2458 (Rev. I in a Criminal Case Shea IA DEFENDANT: CASE NUMBER: ?le?31M 7 U.S.C. 193 and 19s 7 U.S.C. 193 and 19s Judgment Page 4 of 9 SI-IOLOM RUBASI-IKIN CR 08-1324-2-LRR ADDITIONAL COUNTS OF CONVICTION Natu Offense Ended Count Willful Violation of Order of Secretary of 04/09/2008 161 Agriculture and Aiding and Abetting Willful Violation of Order of Secretary of 04/21/2008 163 Agriculture and Aiding and Abetting Case Document 929 Filed 06/22/10 Page 4 of 9 A0 2458 (Rev. I 1107) Judgment in Criminal Case Sheet 2 imprisonment Judgment Page 5 of 9 DEFENDANT: SHOLOM RUBASHKIN CASE NUMBER: CR 08-1324-2-LRR IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 324 months. This term of imprisonment consists of LEA-month term imposed on each of Cognts 73 throu 110 a 240-month term 1m ose on eac ounts 111 through 143. and a 0-month term imposed on each of Counts 145 through 152, 156 through 161, aad 163 of the _eventh uperseding ndictment, not a Items of Imprisonment to run concurrently with each ot er. I The court makes the following recommendations to the Bureau of Prisons: That the defendant be designated to a Bureau of Prisons facility that can best accommodate his religious preferences and is as close to the defendant?s family as possible, commensurate with the defendant?s security and custody classi?cation needs. That the defendant participate in a Bureau of Prisons? Vocational Training Program specializing in an area I The defendant is remanded to the custody of the United States Marshal. The defendant shall surrender to the United States Marshal for this district: El at a.m. El pm. on as noti?ed by the United States Marshal. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: El before 2 pm. on as notified by the United States Marshal. as notified by the Probation or Pretrial Services Office. RETURN have executed this judgment as follows: Defendant delivered on to at with a certified copy of this judgment. UNITED STATES MARSHAL By DEPUTY UNITED STATES MARSHAL Case Document 929 Filed 06/22/10 Page 5 of 9 A0 2458 (Rev. lliO?l) Judgment in a Criminal Case Sheet 3 Supervised Reinsc Judgment?Page 2 DEFENDANT: SHOLOM RUBASHKIN 0 CASE NUMBER: CR 08-1324-2-LRR SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of: 5 years. This term of supervised release consists of a 5-year term im?sed on each of Counts 7; through 110 and 333'. term imFosed on eac% of Counts 111 throu throu 161 and 1 of the Seventh ersed nd ctmen th ese terms 0 sugervrse release to he served concurrently 19 each other. The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled'substance. The defendant shall refrain ?om any unlawful use of a controlled substance. The defendant shall submit to one drug test l5 days of release from imprisonment and at least two periodic drug tests tlterea?er, as determined by the court. I The above drug testing condition is suspended, based on the court?s determination that the defendant poses a low risk of future substance abuse. (Check. if applicable.) I The defendant shall not possess a firearm, ammunition. destructive device, or any other dangerous weapon. (Check. if applicable.) I The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check. if applicable.) The defendant shall register with the state sex offender registration agency in the state where the defendant resides. works. or is a student, as directed by the probation officer. (Check. if applicable.) CI The defendant shall participate in an approved program for domestic violence. (Check. if applicable.) If this ?udgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule 0 Payments sheet of this Judgment. The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page. STANDARD CONDITIONS OF SUPERVISION l) the defendant shall not leave the judicial district without the permission of the court or probation of?cer; 2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; 3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; 6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphemaha related to any controlled substances, except as prescribed by a physician; 8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted to do so the probation of?cer: 10) the defendant shall permit eraprobation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observ in plain view of the probation of?cer; I thf?i defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement 0 car; l2) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and 13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by_ the defendant?s criminal record or rsonal history or characteristics and shall penmt the probation o?icer to make such noti?cations and to con?rm the defen t?s compliance with such notification requirement. Case Document 929 Filed 06/22/10 Page 6 of 9 A0 2453 (Rm. ?07) Judgment in a Criminal Case Sheet 3C Supervised Release Judgment?Page 7 of 9 DEFENDANT: SHOLOM RUBASHKIN CASE NUMBER: CR 08-13244-ka SPECIAL CONDITIONS OF SUPERVISION The defendant must comply with the following special conditions as ordered by the Court and implemented by the (1.8. Probation 0mm 1) The defendant must pay any ?nancial penalty that is imposed by this judgment. 2) The defendant must provide the 0.8. Probation Of?ce with access to any requested ?nancial information. 3) The defendant must not incur new credit charges or open additional lines of credit without the approval of the 0.8. Probation Of?ce unless the defendant is in compliance with the installment payment schedule. 4) The defendant must not accept or maintain any em loyment in which the defendant would have access to money or assume a ?duciary position. Further, the defen ant must allow the defendant?s probation officer to notify the defendant?s employer of the defendant?s current criminal status. 5) The defendant must participate in a mental health evaluation and/or treatment program. The defendant must take all medications prescribed to the defendant by a licensed or Upon a ?nding of a violation of supervision, I understand the Court may: (1) revoke supervision; (2) extend the term of supervision; and/or (3) modify the condition of supervision. These conditions have been read to me. I fully understand the conditions and have been provided a copy of them. Defendant Date IIS. Probation Of?cer/Designated Witness Date Case Document 929 Filed 06/22/10 Page 7 of 9 A0 2458 (Rev. Judgment in a Criminal Case Sheet 5 Criminal Monetary Penalties Judgment Pa 9 DEFENDANT: SHOLOM RUBASHKIN 8? 0 CASE NUMBER: CR 08-1324-2-LRR CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. Assessment Fine Restitution TOTALS 8 8,600 (paid) 3 0 26,852,152.51 El The determination of restitution is deferred until . An Amended Judgment in a Criminal CasdAO 245C) will be entered after such determination. I The defendant must make restitution (including community restitution) to the following payees in the amount listed below. if the defendant makes a partial payment, each payee shall receive an a roximatel ro ortioned en unless ec'f ed th in the priori prder or percentage payment column below. However. pur?sgtant to 8 36646 mientfederal vigtm?t; mugt 1:335 before the ntted States ts pat . Name of Payee Total Loss* . Restitution Ordered Priority or Pemg?ge First Bank Business 518.525.362.88 2 Capital, Incorporated 11901 Olive Boulevard Suite 160 St. Louis, MO 63141 MB Financial Bank $8,322,989.12 2 6111 North River Road No. 800 Rosemont, IL 60018-51 11 Waverly Sales Company, $3,800.51 1 incorporated 2212 Fifth Avenue NW P.O. Box 355 Waverly, Iowa 50677-0355 TOTALS 5 6 52 1 El Restitution amount ordered pursuant to plea agreement I The defendant must pay interest on restitution and a ?ne of more titan $2.500. unless the restitution or ?ne is paid in full before the ?fteenth day after the date of the judgment, pursuant to 18 U.S.C. 36120). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default. pursuant to 18 U.S.C. 3612(g). CI The court determined that the defendant does not have the ability to pay interest. and it is ordered that: the interest requirement is waived for the El fine restitution. the interest requirement for the El ?ne El restitution is modified as follows: Findings for the total amount of losses are required under Chapters 109A. 1 10. 110A. and 113A of Title 18, United States Code, for offenses committed on or utter September 13, 94. but before Apnl 23. I996. Case Document 929 Filed 06/22/10 Page 8 of 9 A0 2458 (Rev. I 1/07) Judgment in a Criminal Case Sheet 6 Criminal Monetary Penahiss Judgment Page 9 of 9 SHOLOM RUBASHKIN CASE NUMBER: CR 08-1324-2-LRR SCHEDULE OF PAYMENTS Having assessed the defendant?s ability to pay. payment of the total criminal monetary penalties are due as follows: A I Lump sum payment of due inunediately. balance due El not later than ,or I inaccordance with Fbelow; or Cl Payment to begin immediately (may be combined with Cl C. El D, or Cl below); or Payment in equal weekly, quarterly) installments of over a period of months or years). to commence 30 or 60 days) alter the date of this judgment; or Payment in equal weekly. quarterly) installments of 3 over a period of months or years). to commence 30 or 60 days) after release from imprisonment to a term of supervision; or El Payment during the term of supervised release will commence within 30 or 60 days) alter release from imprisonment. The court will set the payment plan based on an messment of the defendant's ability to pay at that time; or I Special instructions regarding the payment of criminal monetary penalties: While incarcerated, the defendant shall make payments in accordance with the Bureau of Prison?s Financial Responsibility Pro am. The amount of the payments shall not exceed 50% of the funds available to the defendant through nstitution or non-institution (community) resources and shall be at least $25 per quarter. If the defendant still owes any portion of the ?nancial obli ation(s) at the time of release from in risonment, the defendant shall pay it as a condition of su ervision and the U. . Probation Officer shall pursue coilec on of the amount du and shall request the Court to estab sh a payment schedule if appropriate. The defendant shall also notify the Unit States Attorney within 30 days of any change of mailing or residence address that occurs while any portion of the financial obligation(s) remains unpaid. Ringing about the payment prevents the prosecutor from collecting under all other able means under the a e. The 8,600 special assessment was paid on (16/17/2010. receipt lANllOOll4465. Unless the court has otherwise if this judgment imposes imprisonment. ayment of criminal monetary penalties is due during int risorunent. All criminal monetarlzs?enaittes. except those payments made through Federal Bureau of Prisons inmate Financial Responsr titty Program. are made to the of the court. The defenth shall receive credit for all payments previously made toward any criminal monetary penalties imposed. I A Joint and Several Defendant and Co-Defendant Names and Case Numbers (including defendant number). Total Amount, Joint and Several Amount. and corresponding payee, if appropriate. The defendant?s restitution obligation to FBBC and MBFB shall be ?oint and several with the restitution amounts of any other defendant ordered to make restitution in Nort ern District of Iowa Docket Nos. CR 09- and CR 09-1019-1-LRR. CI The defendant shall pay the cost of prosecution. The defendant shall pay the following court cost(s): The defendant shall forfeit the defendant?s interest in the following property to the United States: Payments shall be applied in the following order: (lgtassessment, (2) restitution principal. (3) restitution interest, (4) fine principal. (5) fine interest, (6) community restitution, (7) pena ies. and (8) costs. including cost of prosecution and court costs. Case Document 929 Filed 06/22/10 Page 9 of 9