Online poker payment processor Ira Rubin (pictured), one of 11 men indicted on Black Friday, plans to appeal his three-year prison sentence for a second time. PokerFuse has published a handwritten Notice of Appeal mailed by Rubin in late November from the Federal Correctional Institute in Miami to United States District Court Judge Lewis Kaplan of the Southern District of New York indicating his intent to try to cut his stay behind bars short once again.

The pro se office received the notice (pro se means Rubin will be defending himself) on December 5 and the judge’s chambers received it four days later. The notice is simply that – Rubin is letting the court know he will be filing a separate appeal.

Rubin was charged with a number of violations of the law, including conspiracy to violate the Unlawful Internet Gambling Enforcement Act (UIGEA), violating the UIGEA, operating an illegal gambling business, conspiracy to commit bank fraud and wire fraud, and conspiracy to commit money laundering. He was initially denied bail.

In the indictment, Rubin and other payment processors were said to have “lied to banks about the nature of the financial transactions they were processing and covered up those lies, by, among other things, creating phony corporations and websites to disguise payments to the poker companies.” He ended up pleading guilty to the three conspiracy countsand was sentenced to three years in prison last July. He also received a $5 million fine.

That sentence was significantly longer than the 18 to 24 months that the sentencing guidelines suggested. According to the Wall Street Journal at the time, Kaplan “said he had little doubt that Rubin would emerge from prison one day ‘trying to cook up some new scheme that in all likelihood will be illegal.'” Rubin has an extensive criminal history and had already fled the country in 2008 to avoid Federal Trade Commission charges. He was high-tailing it to Thailand from Costa Rica when he was arrested on a stopover in Guatemala.

Kaplan had some other choice words for Rubin, calling him an “unreformed conman and fraudster” and saying he was an “extremely high threat” to continue a life of crime.

The aforementioned criminal history started when Rubin was a teenager. He spent multiple stints in prison for passing bad checks and forging checks by the time he was in his early 20s. Rubin later tried to start a business brokering collectible cars, but when he wasn’t able to procure all of the cars in a deal with a buyer in the U.K., he still kept the money.

He was arrested a couple years later and spent about three years in prison. A year after he got out, he started a credit card processing company called Global Marketing and was eventually charged with various telemarketing crimes in 2006. After some attempts at defending himself, he fled to Costa Rica.

Rubin had also been denied bail on the Black Friday charges, so he has been incarcerated ever since his apprehension. At this point, he has spent 21 months in prison.

Rubin’s first appeal was filed in August 2012 and denied in September. In that appeal, he not only cited the sentence being in excess of the guidelines, but also the alleged ineptitude of his lawyer, Richard Finkel. He claimed Finkel failed in three instances: filing an original notice of appeal, arguing mitigating factors that may have reduced the sentence, and arguing that the Government breached its plea agreement.

He has since parted ways with Finkel and is, at least for now, serving as his own legal counsel. Rubin has filed to receive a public defender at the instruction of Kaplan’s office, but that attorney has yet to be assigned.

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