- Rubin was sentenced to three years and forfeiture of $5m after he plead guilty to three charges related to online poker payment processor.
- He argues his previous counsel failed to argue adequately on his behalf or file appeal at his request.
- Also alleges that his sentence is excessive and exceeds original guidelines.
Convicted “Black Friday” online payment processor Ira Rubin continues to battle against the three-year sentence handed down in 2012, with Rubin recently filing a handwritten notice of appeal.
Rubin, who received the longest term of all Black Friday sentences handed down to date, and was also ordered to forfeit $5,000,000, first filed an appeal last August, alleging that he received inadequate counsel and that the sentence received actually exceeded the recommended range.
Rubin’s first appeal asked that his sentence be set aside because his former attorney, Richard Finkel, allegedly:
- Failed to argue mitigating factors at sentencing;
- Failed to assert that the government and DOJ breached the plea agreement;
- Failed to file an original notice of appeal per Rubin’s request.
Rubin also alleged that the sentence he received was in excess of sentencing guidelines, this despite his previous criminal history, hiding of assets derived from his offshore payment-processing operations, and that he was captured in Guatemala before being extradited to the US.
Rubin’s first appeal was summarily dismissed on September 25, 2012, with prosecutors declaring it frivolous. Nonetheless, Rubin, who is incarcerated at the Miami Federal Correctional Institution, has continued his appellate battle.
