Shelly Silver GUILTY! Conviction Overturned on Technical Grounds

sheldon_silver-300x300

The evidence still shows Shelly Silver is guilty, guilty, guilty

Outrageous: Shelly Silver, one of the worst abusers of the public trust in recent New York history, just got his 2015 conviction tossed on technical grounds.

Prosecutors promise a new trial, but justice has already been delayed far too long here.

A federal appeals court Thursday tossed the former Assembly speaker’s 2015 corruption conviction because a later Supreme Court ruling tweaked the rules for what counts as political corruption.

Yet the same 2nd Circuit of Appeals had just affirmed the bribery conviction of ex-Assemblyman William Boyland Jr. despite similar issues.

And the evidence against Silver proves corruption under the new rules as well as the old.

  • The then-speaker funneled some $500,000 in state grants to a doctor who, in turn, sent patients to Silver’s law firm, Weitz & Luxenberg — which then paid Silver for the referrals.
  • In another scheme, Silver voted to OK tax-exempt financing for a real-estate developer, Glenwood Management, and for favorable rent- and tax-abatement laws. In exchange, Glenwood took some work to the firm of another Silver pal, which in turn paid “fees” to the speaker.

Silver pocketed at least $4 million from these kickbacks.

At trial, his defense boiled down to “everybody does it.” But while the Legislature is indeed profoundly corrupt, that doesn’t make any of it legal.
And certainly not these abuses of power by a man who ruled as speaker for more than two decades.

Yes, the Supreme Court last year tossed the corruption conviction of ex-Virginia Gov. Bob McDonnell over too-broad instructions to the jury about what defines “official acts.” But Silver’s case involved far more clear-cut bribes — and more clear-cut abuse of power — than McDonnell’s.

Yet somehow the 2nd Circuit thinks a “rational jury” might not have found Silver guilty if it had been “properly instructed.”

Let’s hope prosecutors move quickly to a new trial. The best medicine for New York’s rampant corruption is swift, harsh punishment for the abusers. And Silver, 73, has already been free for far too long.

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Sheldon Silver Corruption Conviction Overturned – Opening the door for more corruption…

sheldonsilverontrialjpg

 

Sheldon Silver’s corruption conviction overturned, documents show

A federal appeals court on Thursday overturned ex-Assembly Speaker Sheldon Silver’s corruption conviction, according to court documents.

In March federal prosecutors in the Silver case faced sharp questioning the appeals panel, which was worried about whether the conviction could survive a new U.S. Supreme Court decision narrowing the scope of “official acts” that can be the subject of a bribe.

“You went to trial on the theory that anything Sheldon Silver did in connection with his role as speaker was an official act,” said Judge William Sessions. “That’s something totally different from what’s now the government action required. How do you know the jury would have made the same decision?”

The arguments provided a first glimpse of how the 2nd U.S. Circuit of Appeals in Manhattan would interpret the high court’s 2016 ruling in a case involving former Virginia Gov. Robert McDonnell, which held prosecutors must show an actual exercise of government power, not just a meeting or phone call.

It drew an overflow crowd, including prosecution and defense lawyers prepping to argue the same issues on the conviction of former Senate leader Dean Skelos, as well as U.S. District Judge Kimba Wood, who presided at Skelos’ trial, and new Acting U.S. Attorney Joon Kim.

Silver was convicted in 2015 of sponsoring grants and doing other favors for an asbestos doctor who referred patients to the Speaker’s law firm, and also collecting legal referral fees from real estate developers whose legislation he supported. The Democrat was sentenced to 12 years in prison, but has remained free while appealing.

Steve Molo, Silver’s lawyer, said the former Speaker deserved a new trial because the evidence included both actual exercises of government power and lesser favors — like meeting with real estate donors and job references for the doctor’s children.

U.S. District Judge Valerie Caproni’s instructions gave jurors the latitude to convict on either, he argued. “It was inconsistent with what the law is now,” Molo said.

But prosecutor Andrew Goldstein contended that the case involved actual legislative acts, not just the constituent courtesies the Supreme Court said were insufficient in McDonnell’s case.

“This case involved far more than meetings and introductions and nothing more,” he said. “ engaged in official decision-making to benefit the people who were paying him.”

When the judges cited lesser favors which prosecutors had also argued were official acts, Goldstein said they were all part of a larger “scheme,” and were elevated by Silver’s power and clout.

But Judge Richard Wesley objected to that claim. “Then any powerful person who wants you to do something is committing a crime?” he said. “Is every invitation to a fundraiser a crime?”

Please see the article in its original format on Newsday by clicking here.

 

FOR FURTHER READING:

Conviction of former Assembly Speaker Sheldon Silver overturned

http://abc7ny.com/news/conviction-of-former-assembly-speaker-sheldon-silver-overturned/2212539/

Sheldon Silver’s corruption conviction is overturned

Cheesy Canadian Company Gets Fined for Unkosher Behavior

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Food company busted for selling phony ‘kosher’ cheese to kids

 

A Canadian food company was ordered to pay more than $19,000 for selling cheese falsely labeled kosher to Jewish youth campers, authorities said Monday.

Creation Foods Company in Woodbridge, Ontario pleaded guilty in provincial court and was hit with the penalty of $25,000 Canadian, or $19,417 in US dollars, according to the Canadian Food Inspection Agency.

The incident — called a “spiritual poisoning” by a key Canadian kosher administrator — is believed to be the first case involving phony kosher food ever brought to provincial court.

“We’re very pleased and gratified that the Canadian justice system was diligent in prosecuting this crime,” Richard Rabkin, managing director of kosher certifying agency the Kashruth Council of Canada (COR), told The Post on Monday.

“It was a milestone, a first and we hope the last.”

The phony kosher cheese was delivered to two camps in northern Ontario in summer 2015, according to COR.

“The Canadian Food Inspection Agency’s investigation determined that the company sold a non-kosher food product to two Jewish youth camps, by means of a forged kosher certificate,” according to a CFIA statement.

“The cheese sold to both camps did not meet the requirements of the kashruth.”

Reps for Creation Foods did not return messages seeking their comments on Monday.

The two camps involved were sent loads of mozzarella and cheddar. The mozzarella had proper COR certification but the cheddar did not.

And when camp officials asked for proof, that’s when the fake letters of kosher authenticity were used, Rabkin said.

It’s unclear whether campers actually ate the non-kosher cheddar.

Even if that cheese were physically safe, it was a moral affront to sell it to Jewish customers knowing it wasn’t kosher, according to Rabkin — calling it a “spiritual poisoning.”

The key in making kosher cheese comes from enzyme used to coagulate milk into cheese.

To read the remainder of the article in the NYPost click here.

More Couples Arrested for Welfare Fraud in Lakewood

http://nypost.com/2017/07/06/welfare-scam-deepens-as-six-more-couples-are-arrested/

Welfare ‘scam’ deepens as six more couples are arrested

Six more couples were busted for alleged welfare fraud in Lakewood, NJ, officials said Thursday, adding to a growing list of suspected cheats from that shore town.

FBI agents and investigators with the Ocean County Prosecutor’s Office’s Economic Crimes Unit knocked on doors at about 6 a.m. on Thursday, handing over charging documents and court dates for them to appear between now and Tuesday.

The most recently arrested are accused to scoring nearly $400,000 in elaborate schemes to get Medicaid, food and home energy benefits when they weren’t eligible for them.

“The nature of the criminal events investigated and basic charges allege that the defendants misrepresented their income, declaring amounts that were low enough to receive the program’s benefits, when in fact their income was too high to qualify,” according to a statement from Ocean County prosecutors.

“The investigations revealed that the defendants received income from numerous sources that they failed to disclose on required program applications.”

Ocean County prosecutors charged 14 Lakewood residents last week, accusing them bilking taxpayers of more than $2 million.

The 12 newly named defendants were:

  • Eliezer and Elkie Sorotzkin, 33 and 31, were accused of wrongfully collecting $74,960 in Medicaid funds between January 2011 and December 2013.
  • Samuel and Esther Serhofer, 45 and 44, allegedly pocketed $72,685 in Medicaid between January 2009 to December 2013.
  • Yisroel and Rachel Merkin, 37 and 34, are suspected of improperly taking home $70,557,51 in Medicaid, food and home energy benefits between January 2011 and December 2014.
  • Jerome Menchel, 33, and Mottel Friedman, 30, were accused of wrongly scoring $63,839 in Medicaid and food benefits between January 2011 and July 2014.
  • Tzvi and Estee Braun, 35 and 34, were busted for allegedly ripping off $62,746.74 in Medicaid, food and children’s medical benefits between January 2009 and December 2013.
  • Moche and Nechama Hirschmann, 30 and 27, are suspected of wrongfully collecting $53,418.39 in Medicaid and food benefits between January 2011 and December 2015.

A rep for the Ocean County Prosecutor’s Office declined to say if the defendants know each other or worked in concert.

Religion is Not the Issue in Lakewood – Why Whitewashing is Damning to All Jews

http://www.myjewishlearning.com/article/becoming-every-brothers-keeper/

Becoming Every Brother’s Keeper

All humanity descended from one family.

“And in this original familial relationship resides our profound responsibility to one another. The recitation of the generations of Adam trumps the golden rule as the “greater principle” because it clarifies the subject of the ethical imperative. “Let there be no mistake,” the begetting seem to say. “The ‘neighbors’ for whom you must care are not only the people around you, but the entirety of this large, unruly human family from which you are a lucky, and burdened, descendent. Each member of this family is your ‘brother.’ And none, therefore, are you free to abandon.”
This section of the Torah, the recitation of the generations of Adam, thus challenges us to allow God’s question to Cain–“Where is Abel, your brother?”–to reverberate throughout the millennia. It demands that we pose this question with the awareness that, in the eyes of Bereshit, all humanity is descended of one family. It compels us to pay attention to the words of the question itself–to recognize that it is not only a query about Abel’s whereabouts, but also an insistence that he is our brother.
As common descendants of Adam, we are not free to shed our brotherhood with Abel. We are simply not at liberty to allow the gulfs created by national, cultural, linguistic, religious, or racial differences to obscure our responsibility to those who are hurt or violated. Instead, we must step up to this haunting question whenever it is asked and answer resolutely: “I am my brother’s keeper.””

Dear Reader:

The following is a comment received by one of our readers. We are bothered by the comment because, whether intentionally or otherwise, it defines all ultra-Orthodox Jews by the actions of those who chose to defraud the system.

It then by association defines all Jews by those very same ultra-Orthodox criminals and the various Rabbis, websites (OJPAC) and other Jewish spokespeople who try to justify or whitewash the criminal behavior. It is our belief that if you paint the truth and the lies with the same white paintbrush you taint the good while you are trying to shade the bad.

To the author of the initial post below: there are exemplary, devout, honest and descent members of the ultra-Orthodox Jewish community. Simply because they dress the same as those accused of committing crimes, does not mean that they themselves don’t find those very same crimes unthinkable and the very same people reprehensible. Your commentary makes broad generalizations, that we agree are difficult at times to avoid.

While sadly we can’t disagree with much of it, we would be remiss if we did not point to a religion which, when not taken to extremism, when taken as written is rich in charitable random acts of kindness, laden with spectacular cultural history, sincere in its piety and actively trying to achieve a high moral standard and ethical character. 

We are here because we believe that we must be our brothers’ keepers. That means reporting the good with the bad. We may miss our mark on reporting the good, but it is there nonetheless.

Finally, you are right in commenting that religion is not the issue. Criminal behavior is the result of those committing the crimes. Judaism does not allow it. As such, please do not view the entire community by the acts of some.

 

Religion not the issue in Lakewood welfare raids: So much for ‘Thou shall not steal’

by Steve Trevelise June 28, 2017 12:26 PM
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So much for “Thou shall not steal.”
As more and more arrests come out of Lakewood’s Jewish community for people accused of cheating the government out of various benefits, it makes you wonder how adherent these people are to their religion in the first place — as opposed to the “golden calf” of government.
LAKEWOOD WELFARE RAIDS
NEW:Hundreds attended Lakewood meeting warning of welfare fraud risk
Lakewood welfare fraud raids: Six more people scammed another $700,000, authorities say
‘Hundreds’ of Lakewood residents scrambling after welfare fraud raids, report says
Deminski: Zero excuse for any welfare cheats in Lakewood
Lakewood welfare fraud: It’s too easy, and not just Orthodox Jews to blame
Isn’t the belief of any religion to trust God that he will provide for you? What happened to Psalm 23 — “The Lord is my shepherd, I shall not want?” As someone who grew up in Hudson County, I’ve seen people cheat the system all my life, but you wouldn’t think that members of a religious community would be cheating the government out of several hundreds of thousands of dollars. Don’t they answer to a higher authority?
So why would religious residents of Lakewood cheat the government? To maintain the expense of their religion, of course. Or so says Duvi Honig of the Orthodox Jewish Chamber of Commerce to the Asbury Park Press:
“The pressure of the community overhead — especially the (cost of) private schooling is unsustainable,” “People are forced to find ways to bend the system.”
He later told New Jersey 101.5 he was talking about using legal loopholes, not breaking the law. But no religion should force you to find ways to bend the system — and the truth is, this isn’t about the religion. It’s about the people who broke the law. To blame the religion is an insult to all those people who worship and who don’t steal.
What these people are accused of doing had nothing to do with their religion, and hopefully their religion will have nothing to do with it at their trials.
What’s going to be interesting is if they are convicted and must serve time. How much will the prison system conform to their beliefs? I’m guessing the government will find ways to get it done much cheaper.
More from New Jersey 101.5:

OJPAC – A Self-Serving Organization Aimed at Clouding Reality,Twisting Truths and Whitewashing – Lakewood

Legislator.wieder

 

Dear Readers:

This article serves as an introduction to an organization that uses social media to rewrite history, to justify the ills of many within the community, to prevent legislation from passage like the ACA, to assist in the demoralization of anything non-ultra-Orthodox and to do so all under the guise of a quasi legitimate charitable organization.

Our attention was drawn to OJPAC by a contributor who pointed specifically to OJPAC’s historical rewrite of the events in Lakewood. This is not the first time an article regarding Rockland County and OJPAC’s ultra-Orthodox voice has lead to reporting on  Yossi Gestetner, spokesperson for the organization and a public face of his fellow politicians and political whores. We are sure it will not be the last.

In the first story in today’s “Latest” section of the OJPAC website there is an article entitled, “To the Advertisers of Asbury Park Press and Gannett Investors.”  Presumably that article is intended to tell the advertisers and investors that the news is being improperly reported. In actuality, it is a rewrite of history, a justification of sorts.

OJPAC’s fame to public relations in the referenced first article on its site is to de- criminalize activities in Lakewood by drawing comparisons to other areas of New Jersey, namely Newark. Sadly, the residents of Newark to whom OJPAC makes a comparison cannot boast the income of those arrested in Lakewood. Rather, Newark has a history of poverty and crime so such a comparison is not only inaccurate but insulting.

Unlike OJPAC’s whitewashed version of the truth, the issue in Lakewood is not the number of children from married couples on assistance as alleged by the PR website; but rather the numbers of couples manipulating entitlement programs who do not meet the parameters of those programs. The same is not true of Newark.

It is worth noting that even the Vaad of Lakewood acknowledged that there is a problem. OJPAC would have done a service to the community and those viewing that community from outside were a similar acknowledgement to have been made. Apparently, however,  the fraudulent activities in Lakewood are acceptable when compared to activities elsewhere, even when such comparisons are non-representative.

We suggest that consistent with the Mission as stated by OJPAC, “to counter the alleged defamation and generalization of the Orthodox Jewish Community” OJPAC should focus on accountability and acknowledgement. To ignore or minimize the the crime that does occur within a fairly large segment of the ultra-Orthodox community is to reduce credibility.

For many, it is difficult not to draw generalizations from a community that has coined the term “Moser” to refer to someone who reports against his own community member. For it is better to remain silent than to report the truth.

We maintain that contrary to their mission, OJPAC is not “organizing civil yet effective community action for fair reporting” but is rather using PR tactics to sway reporting in favor of the ultra-Orthodox community without acknowledging the problems within that community.

We argue that the Federal Authorities should be looking carefully into communities within Rockland County, Kiryat Joel, Crown Heights, Boro Park and other areas across the Eastern 87 Corridor for the same or similar abuses as those committed by members of the Lakewood ultra-Orthodox community. The behavior is indefensible and the comparison to Newark by OJPAC is reprehensible.

Unfortunately, a few bad apples can destroy an entire tree.

We suggest that the authorities should be looking into the activities of any subject on the OJPAC’s website. If a supposed “correction” or alleged “truth” is reported there, it is likely because OJPAC is attempting to minimize or justify activity whether criminal or otherwise.

Finally, we do agree with OJPAC insofar as there are broad generalizations and globally the situation of discrimination and hatred is disturbing. However, stereotypes are based in perception. Perhaps if OJPAC would focus on cleaning up the actions of members of that community, who are sorry examples of Judaism, the worldview might also change.

There are exemplary members of the ultra-Orthodox community. It is just hard to find them when groups like OJPAC color everything using the same white paintbrush.

In the meantime, we offer thanks to the person who provided the voice for this post.

LostMessiah 3.7.17

 

 

 

A Shell Game and American Express – the $260K Swindle

http://www.nydailynews.com/new-york/brooklyn/men-busted-swiping-270g-amex-fake-nyc-company-article-1.3289265

Six men busted for swiping $270G from American Express through defunct Brooklyn shell company

Six men stole $270,000 from American Express through an elaborate scam using a Brooklyn shell company, prosecutors said Thursday.

Five of the accused rip-off artists were arraigned and pleaded not guilty to grand larceny charges in Manhattan Supreme Court.

They are accused of filtering fraudulent transactions through a bogus corporation called 92K Blvd. between November 2013 and January 2014.

Defendants Yehuda Tyrnauer, 29, Naftali Safern, 30, Moshe Pomerantsev, 22, Bezalel Mermelstein, 40, and Samuel Berkovits, 50, allegedly used personal credit cards to initiate transactions with 92K Blvd.-affiliated accounts.

Israel Fischer, 62, owned the AmEx merchant account linked to the fake company, prosecutors said.

After making purchases for electronics and other goods, the crew requested refunds from AmEx but the credit giant could not recover the funds they had issued to the cardholders because 92K Blvd. was actually defunct and there were insufficient funds in the account, the Manhattan DA said

 

Defendants Yehuda Tyrnauer, 29, Naftali Safern, 30, Moshe Pomerantsev, 22, Bezalel Mermelstein, 40, and Samuel Berkovits, 50, allegedly used personal credit cards to initiate transactions with 92K Blvd.-affiliated accounts.

See the article in its original format in the New York Daily News