According to Courthouse News, one of the payment processors charged on Black Friday, Ira Rubin (pictured), has lost an appeal of his conviction and continues to face 36 months behind bars. He was sentenced way back in August and filed a second appeal one year ago. Last week, the Second Circuit upheld his conviction.

The news report detailed, “On appeal, Rubin claimed that he had been indicted over ‘conduct exempted from prosecution under the UIGEA – a so-called ‘non-offense’ – depriving the District Court of jurisdiction to accept his guilty plea… He also challenged the reasonableness of his sentence.” Rubin previously pleaded guilty to conspiracy.

Rubin was charged with a laundry list of offenses three years ago, including conspiracy to violate the Unlawful Internet Gambling Enforcement Act, violating the UIGEA, operating an illegal gambling business, conspiracy to commit bank fraud and wire fraud, and conspiracy to commit money laundering.

According to Courthouse News, Rubin entered an “unconditional guilty plea,” which was mentioned in the court’s decision last week. The Second Circuit wrote, “We need not resolve this dispute because, even assuming arguendo that Count One alleged a so-called ‘non-offense,’ Rubin’s unconditional guilty plea precludes his argument on appeal… Generally, ‘in order to reserve an issue for appeal after a guilty plea, a defendant must obtain the approval of the court and the consent of the Government, and he must reserve the right to appeal in writing.’ Rubin did not reserve the right to appeal here.”

The edict summarized, “Absent such a reservation, ‘a defendant who knowingly and voluntarily enters a guilty plea waives all non-jurisdictional defects in the prior proceedings.'”

When Rubin was originally picked up following Black Friday, he was denied bail, with officials citing a “criminal history dating back to the 1970s” and “an outstanding warrant for contempt of court in a civil case… related to telemarketing fraud” as justification. In addition to his three-year sentence, Rubin was fined $5 million.

The Second Circuit also commented on Rubin’s checkered past, saying, “His co-defendants did not have lengthy criminal records and a corresponding high likelihood of recidivism.” When Rubin will begin his three-year prison term is unclear.

When the Black Friday indictments were first filed, Rubin was 52 years of age and his residence was listed as Costa Rica.

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