Tuesday, August 31, 2004

Case of Rabbi Shalom Nagar

Case of Rabbi Shalom Nagar
(AKA: Shlomo Nager)

Chief Rabbi - Ariel, Israel



The chief rabbi of the town of Ariel, was arrested for allegedly raping a woman who had turned to him for advice.  Nagar, married with children, has served for many years as the chief rabbi of this mainly secular town, the largest Jewish settlement in Samaria.

NOTE: There are several people by the name of Shalom Nagar.  This page is about the Chief Rabbi of Ariel, Israel.

A question was asked, yet never answered.  Does anyone know if Rabbi Shalom Nagar was the same person who executed Adolph Eichmann on May 31, 1962 in Ramla, Israel?

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Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.


Table of Contents

1992
  1. Judea-Samaria Gets First Rabbinical Court  (06/21/1992)
2004
  1. Ariel's Chief Rabbi arrested on charges of rape (08/31/2004)
  2. Chief rabbi of Ariel arrested on rape charges  (08/31/2004)
  3. Ariel Rabbi charged with rape  (08/31/2004)
  4. Chief Rabbi of Ariel accused of Rape  (08/31/2004)

2007

  1. New Mikvah in Ariel (10/07/2007)


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Judea-Samaria Gets First Rabbinical Court
By Fay Cashman
Jerusalem Post. Jerusalem: Jun 21, 1991. pg. 02


ARIEL - A rabbinical court serving the Jewish population of Judea and Samaria was inaugurated here yesterday by Sephardic Chief Rabbi Mordechai Eliahu, who was welcomed by Ariel's Rabbi Shalom Nagar and members of theTel Aviv rabbinate, who will serve as dayanim (judges).

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Ariel's Chief Rabbi arrested on charges of rape
By Abigail Radoszkowicz
Jerusalem Post - Aug. 31, 2004


The chief rabbi of the town of Ariel, Shlomo Nagar, was arrested Tuesday for allegedly raping a woman who had turned to him for advice.

Police spokesman Chief-Superintendent Shlomi Sagi said that the woman's charges had been under investigation for some time.

According to the woman, Nagar had raped her during the counseling session, and sexually harassed her afterwards.

No further details could be released about the case for fear they would reveal the identity of the woman who had brought the charges, said Sagi.

Nagar, married with children, has served for many years as the chief rabbi of this mainly secular town, the largest Jewish settlement in Samaria.
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Chief rabbi of Ariel arrested on rape charges
By Itim
Haaretz - Tue., August 31, 2004 Elul 14, 5764


West Bank police Tuesday arrested the chief rabbi of the Ariel settlement, Shalom Nagar, on suspicion of sexually assaulting a woman who sought his advice.

Police allege that Nagar raped the woman and continued to harass her with telephone calls before the woman reported the matter.

Only after the police received the appropriate clearance for cases involving public figures did it open an investigation. The rabbi was taken into custody outside his home and is scheduled to be arraigned later Tuesday.

In a separate case, police Tuesday arrested a 65-year-old Petah Tikva man on suspicion of repeatedly raping a girl he employed in his store over the period of six years.

The suspect, a local store owner who first hired the girl when she was 11 years old, admitted during investigation that he had maintained a relationship with the girl, but denied charges of inappropriate sexual conduct.

His arraignment will be held Tuesday at Petah Tikva district court.

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Chief Rabbi of Ariel accused of rape
Maariv - Hebrew edition
August 31, 2004
http://www.nrg.co.il/online/1/ART/776/524.html


הרב נעצר בחשד שאנס אישה שהגיעה להתייעץ עמו, ואף הטריד אותה בשיחות טלפון

  טל ימין-וולבוביץ'
31/8/2004  10:54

הרב הראשי של אריאל נעצר הבוקר בחשד למעשה אונס באישה שהגיעה לבקש את עזרתו.

האישה, שנזקקה לעזרת הרב, הגיעה בתקופה האחרונה אל משרדו כדי להתייעץ איתו בנושא אישי. על-פי החשד, הרב ניצל את קרבתו לאישה ולאחר הייעוץ, אנס אותה בכוח. הוא לא הסתפק בכך, ואף הטריד אותה בטלפון לאחר המקרה. האישה, שלא יכלה לעמוד בהטרדות, נשברה והתלוננה במשטרה.

למרות התלונה, משטרת יהודה ושומרון לא יכלה לעצור בתחילה את הרב, מאחר שמדובר באישיות ציבורית. רק בהמשך, לאחר שהוצאו אישורים מיוחדים, פתחה המשטרה בחקירה סמויה שבסופה נעצר הרב בסמוך לביתו.

בשעות הצהריים יובא הרב להארכת מעצרו בבית משפט השלום בכפר-סבא. על כל פרטי החקירה הוטל צו איסור פרסום, ו-NRG מעריב הגיש בקשה לבית המשפט להסיר את הצו.

הרב שלמה עמאר, הרב הראשי הספרדי לישראל אמר: "כל זמן שאין שום הוכחה מוצקה, אנחנו בוחרים שלא להגיב".

לא מדובר במקרה ראשון של מעשה מגונה שמיוחס לרב. הרב זאב קופולוביץ, לשעבר ראש ישיבת "נתיב מאיר", הורשע על- פי הודאתו בהטרדות מיניות שביצע בתלמידיו. ונשלח בעיסקת טיעון לשלוש וחצי שנות מאסר.

בשנת 1999 נידון הרב חיים פרדס לשישה חודשי מאסר בפועל לאחר שהורשע בביצוע מעשים מגונים בנשים, מירמה והפרת אמונים.

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Translated to English using Google Translate

Great city of Ariel suspected of rape

Rabbi arrested for allegedly raping a woman who came to consult him , and harassed her with phone calls


 Phone right - and Mabovich
31/08/2004 10:54


Chief Rabbi Ariel was arrested this morning on suspicion of raping a woman actually came to ask for his help.

The woman , who needed the aid of the rabbi, recently came to his office to consult him on the subject personally. The - allegedly used the proximity to great woman and consultation , raped her by force. Is not satisfied , and harassed her on the phone after the incident . The woman , who could not stand the harassment , broke down and complained to the police.

Despite the complaint, Judea and Samaria police could not stop the rabbi first , since it is a public personality . Only later , after the special permits issued , the police arrested an undercover investigation after which Rabbi near his home.

Afternoon will be great to extend his detention in the village magistrate - Grandpa. The details of the investigations imposed the gag order , and NRG Ma'ariv applied to the court to remove the order.

Rabbi Shlomo Amar , the Sephardic chief rabbi of Israel said : "As long as there is no solid proof , we choose not to respond."

This is not the first case of indecent acts attributed to Rabbi . Rabbi Zev Kopolovitz , former head of Yeshivat "Path Meir " , was convicted - though he admits sexual harassment committed by his students . And sent a plea bargain to three and a half years in prison.

In 1999, Rabbi Haim Pardes was sentenced to six months in prison after being convicted of molesting women , fraud and breach of trust.
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New Mikvah in Ariel

Arutz Sheva (Israel National News) - October 7, 2007

After several years of efforts, residents of the Shomron city of Ariel inaugurated the city’s second mikvah (ritual bath) on Saturday night.  The population of the city has grown over the past several years, city officials said, and the city turned to the government for help in building a second mikvah in 2001.

Residents say that the mikvah was finished only after city leaders put heavy pressure on the government.  Several city and government officials attended the inaugurations ceremony, including city Rabbi Shalom Nagar, Mayor Ron Nachman, Deputy Mayor Emanuel Yaakov, and the minister in charge of religious affairs, Yaakov Cohen.
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"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." –– Margaret Mead

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Saturday, August 28, 2004

Case of Rabbi Don Well

Case of Rabbi Don Well
(AKA: Donald Well)
Principal Yeshiva Rambam - Flatbush/Brooklyn, New York 
 
All criminal charges against Rabbi Don Well were dismissed by the Kings County District Attorney's office after he was accused and charged with one count of third-degree sexual abuse. The alleged victim was an employee of the school (kitchen staff). Shortly after the accusation was made, a series of anonymous letters were sent to parents of children enrolled in the school concerning the allegations.
 
In September, 1997, an anonymous telephone caller caused New York State's Department of Child Welfare to investigate Rabbi Well and his family for child abuse against his own daughter which served as a basis for Rabbi Well's June 1998 termination. These charges were later determined to be unfounded.
 
On December 18, 1998, Rabbi Well was terminated as principal of Yeshiva Rambam. Rabbi Well sued the school for breach of contract. The Beth Din of America, a Jewish version of an arbitration panel got involved. On December 18, 1998, issued an Ikul or injunction, forbidding Rabbi Well's removal until it conducted a hearing. After summoning Rambam three times and having not received a proper response thereto, the Beth Din, on February 25, 1999 found Yeshiva Rambam to be in contempt; authorized Rabbi Well to pursue his claims in the secular courts, and stated that "it is ...... forbidden for any Jewish person ... to accept a paid position at Yeshiva Rambam in any administrative or teaching capacity. 
 
No more information is known about this case at this time.
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Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs. 

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  1. Yeshiva Principal Charged in Sex Rap (09/11/1997)
  2. Don Well, respondent, v Yeshiva Rambam, et al., appellants, et al., defendant. (Index No. 22575/00) (12/23/1997)
  3. Heritage Academy Hires New Administrators: Staff Hopes to Enhance Judaic Studies Program
  4. Part 26 of the Supreme Court Of the State of New York  (07/23/2001)

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By Henrie E. Cauvin
Daily News (New York) - September 11, 1997, Thursday
 
SECTION: News; Pg. 28
The principal of a Brooklyn yeshiva was arrested yesterday and charged with sexual abuse after a female employe complained that he had fondled her, police said.
 
Orthodox Rabbi Don Well, 50, of Yeshiva Rambam in Flatbush, was charged with one count of third-degree sexual abuse, Officer Valerie St. Rose, a police spokeswoman, said last night.
 
Well was issued a desk appearance ticket on the misdemeanor charge and released, St. Rose said.
Reached at his home at 145-15 68th Drive in Kew Gardens, Queens, last night, Well said he had no comment.
 
Well was hired about a year ago to run the 53-year-old school, where approximately 500 students are enrolled.
 
The alleged incident took place in November, a few months after his arrival. It was reported to police last month.
 
The rabbi's arrest follows weeks of wrangling over the woman's accusation among members of the yeshiva's board of directors. Some have argued that the school should stand by its principal; others say the school should cut its embattled boss loose.
 
A board member who spoke on the condition of anonymity, saying he fears Well, said several other female school employes claim that Well has made lewd comments to them.
 
Others on the board, however, believe the woman fabricated the charge in an effort to unseat Well, who has been locked in a power struggle with Rabbi Reuven Bernstein, who is the yeshiva's executive director and runs its financial affairs.
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2001-08277
 
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
300 A.D.2d 580; 753 N.Y.S.2d 512; 2002 N.Y. App. Div. LEXIS 12708
November 25, 2002, Argued
December 23, 2002, Decided
DISPOSITION: Order reversed.
 
CASE SUMMARY
 
PROCEDURAL POSTURE: Defendants appealed an order by the Supreme Court, Kings County (New York), that denied their motion to dismiss various causes of action asserted against them in plaintiff's action to recover damages for breach of contract.
 
OVERVIEW: Plaintiff sued defendants for breach of contract. The appellate court held that the sixth cause of action alleged a breach of a contract provision that was an agreement to negotiate. However, that provision was unenforceable. Defendants named in the seventh and eighth causes of action were entitled to qualified immunity. The 9th, 10th, and 11th causes of action, based on negligent supervision and negligent retention, contained little more than bare legal conclusions or factual claims that were contradicted by the evidence. Finally, plaintiff failed to set forth the particular defamatory words in the 12th cause of action. As a result, the trial court erred in denying defendants' motion to dismiss pursuant to N.Y. C.P.L.R. 3211(a)(7), (11) and 3016(a).
 
OUTCOME: The order was reversed insofar as it was appealed from.
 
CORE TERMS: causes of action, cause of action, negligent supervision, contradicted, retention
Motions to Dismiss
 
HN1 On a motion to dismiss pursuant to N. Y. C.P.L.R. 3211(a)(7), a complaint must be liberally construed in a light most favorable to a plaintiff, and all allegations must be accepted as true.
 
Motions to Dismiss 
HN2 Initially, the sole criterion is whether a pleading states a cause of action, and if from its four corners factual allegations are discerned, which taken together, manifest any cause of action cognizable at law, a motion for dismissal will fail.
 
Motions to Dismiss
HN3 A court may freely consider affidavits submitted by a plaintiff to remedy any defects in a complaint. However, unless it has been shown that a material fact as claimed by a pleader to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal may not be predicated on such evidentiary material.
 
Motions to Dismiss
HN4 A complaint containing factual claims that are flatly contradicted by documentary evidence should be dismissed.
 
Motions to Dismiss
Contracts Law > Breach > Causes of Action
 
HN5 A cause of action must be dismissed where it alleges a breach of a contract provision that amounts to an agreement to negotiate and, as such, is unenforceable.
 
HN6 A necessary element of a cause of action alleging negligent supervision or negligent retention is that an employer knew or should have known of an employee's propensity for the conduct that caused an injury.
 
COUNSEL: Israel Goldberg, PLLC, Brooklyn, N.Y., for appellants.
Marc W. Garbar, P.C., New York, N.Y., for respondent.
 
JUDGES: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, THOMAS A. ADAMS, BARRY A. COZIER, JJ., concur.
 
OPINION: [*580] [**513] DECISION & ORDER
 
In an action to recover damages for breach of contract, the defendants Yeshiva Rambam, Isaac Moinester, Alex Rovt, Richard Bernstein, Alex Gross, Imre Lefkovitz, Eli Cameo, Isidore Zaremba, Jeshurin Allen, Stacy Rosen, Irwin Weintraub, Garry Konner, Joel Zwibel, Harold Braunstein, Adam Sandler, Ellen Nakash, and Jeffrey Wallach appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Barasch, J.), dated July 23, 2001, as denied those branches of their motion which were to dismiss the sixth through twelfth causes of action insofar as asserted against them.
 
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, those branches of the motion which were to dismiss the sixth through twelfth causes of action insofar as asserted against the appellants are granted, and those causes of [***2] action are dismissed insofar as  asserted against the appellants.
 
HN1On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be liberally construed in the light most favorable to the plaintiff and all allegations must be accepted as true (see Leon v Martinez, 84 N.Y.2d 83, 87, 614 N.Y.S.2d 972, 638 N.E.2d 511; LoPinto v J.W. Mays, Inc., 170 A.D.2d 582, 566 N.Y.S.2d 357; Cohn v Rothman-Goodman Mgt. Corp., 155 A.D.2d 579, 547 N.Y.S.2d 881). HN2"Initially, the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law a motion for dismissal will fail" ( Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275, 401 N.Y.S.2d 182, 372 N.E.2d 17). HN3A court may freely consider affidavits submitted [**514] by the plaintiff to remedy any defects in the complaint (see Rovello v Orofino Realty Co., 40 N.Y.2d 633, 635, 389 N.Y.S.2d 314, 357 N.E.2d 970). However, "unless it has been shown that a material fact as claimed by the pleader to be one is not a fact at all and unless it can be said [***3] that no significant dispute exists regarding it" dismissal may not be predicated on such evidentiary material ( Kenneth R. v Roman Catholic Diocese [*581] of Brooklyn, 229 A.D.2d 159, 162, 654 N.Y.S.2d 791, cert denied 522 U.S. 967, 139 L. Ed. 2d 316, 118 S. Ct. 413). HN4A complaint containing factual claims that are flatly contradicted by documentary evidence should be dismissed (see Kenneth R. v Roman Catholic Diocese of Brooklyn, supra).
 
The sixth HN5cause of action must be dismissed because it alleged the breach of a contract provision that amounted to an agreement to negotiate and, as such, is unenforceable (see Del Castillo v Bayley Seton Hosp., 232 A.D.2d 602, 649 N.Y.S.2d 41; Martin Delicatessen v Schumacher, 52 N.Y.2d 105, 110, 436 N.Y.S.2d 247, 417 N.E.2d 541). Since the individual defendants named in the seventh and eighth causes of action are entitled to the qualified immunity afforded by Not-For-Profit Corporation Law § 720-a, and there is no reasonable probability that the plaintiff could prove gross negligence or intentional harm, those causes of action should be dismissed (see CPLR 3211 [***4] [a][11]; Durante Bros. Constr. Corp. v College Point Sports Assn., 207 A.D.2d 379, 380, 615 N.Y.S.2d 455).
 
HN6A necessary element of a cause of action alleging negligent supervision or negligent retention is that "the employer knew or should have known of the employee's propensity for the conduct which caused the injury" ( Kenneth R. v Roman Catholic Diocese of Brooklyn, supra at 161). The ninth, tenth, and eleventh causes of action, based on negligent supervision and negligent retention, contain "'little more than bare legal conclusions' or factual claims that are contradicted by evidence" ( Manno v Mione, 249 A.D.2d 372, 670 N.Y.S.2d 368, quoting Kenneth R. v Roman Catholic Diocese of Brooklyn, supra at 161). Thus, those causes of action should have been dismissed. Finally, the twelfth cause of action, sounding in defamation, should have been dismissed because the plaintiff failed to set forth the particular defamatory words (see CPLR 3016[a]; Poplawski v Metropolitan Prop. & Cas. Ins. Co., 262 A.D.2d 543, 544, 692 N.Y.S.2d 438).
 
ALTMAN, J.P., S. MILLER, ADAMS and COZIER, [***5] JJ., concur.
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Heritage Academy Hires New Administrators: Staff Hopes to Enhance Judaic Studies Program
By Melody Wilensky
Jewish Advocate 
 
LONGMEADOW -- Heritage Academy in Longmeadow recently welcomed two new educators to its administrative staff. Dr. Caroline Cohen and Rabbi Dr. Don Well will assist Headmaster Dr. Richard Holzman in shaping and invigorating general and Judaic studies in grades K-8 at the day school.
 
Dr. Cohen holds a B.A. from Ithaca College, a M.S. in Education from the College of New Rochelle, and a Ph.D. from the University of Connecticut. She is a Professor of Education at the University of Hartford.
 
Her work will focus on continuous improvement of instruction, professional development and programs. She will insure that Heritage's curriculum adheres not only to national and state standards, but also reaches the high standards of the best private and public schools, said Holzman. She will also work with teachers to establish professional and personal goals -- goals designed to improve classroom instruction and facilitate professional growth.
 
Rabbi Dr. Well completed graduate work at The University of Chicago, where he pursued doctoral programs in both Psychology and Administration. He was formerly Executive Vice President of the Board of Jewish Education of Greater New York and has served as Dean of Undergraduate Jewish Studies at Yeshiva University. Prior to that, he served for a decade as president of The Hebrew Theological College in Chicago and Skokie, Ill.
 
He is responsible for guiding the Judaic studies program and will be involved in developing Judaic curriculum, improving Judaic instruction and programming, and strengthening Jewish identity at Heritage. He will also infuse Jewish content into school programs to heighten Judaic values and strengthen Judaic commitment among students.
 
Both Dr. Cohen and Rabbi Well plan to work closely with Heritage faculty and staff, providing mentoring, resources, and in-service training on a variety of curriculum-related and instructional issues. With their guidance, teachers will have an opportunity to evaluate their instructional styles, receive support for successful methods, and learn additional strategies aimed at meeting the needs of a diverse student body.
 
For more information about Heritage Academy, or to arrange a visit, please contact Dr. Richard Holzman at (413) 567-1517.


At an IAS Term, Part 26 of the Supreme Court Of the State of New York, held in and for the County of Kings, at the Courthouse, located at 15 Willoughby Street, Borough of Brooklyn, City and State of New York on the 23rd day of July, 2001.
P R E S E N T : HON.MELVIN S. BARASCH Justice
 
DON WELL, Plaintiff,
-against-
YESHIVA RAMBAM; and ISAAC MOINESTER, ALEX ROVT, RICHARD BERNSTEIN, ALEX GROSS, IMRE LEFKOVITZ, ELI CAMEO, ISIDORE ZAREMBA, JESHURIN ALLEN, STACY ROSEN, IRWIN WEINTRAUB, GARRY KONNER, JOEL ZWIBEL, HAROLD BRAUNSTEIN, ADAM SANDLER, ELLEN NAKASH, JEFFREY WALLACH and DANIEL RETTER, in their individual and official capacities, Defendants
 
DECISION & ORDER
 
INDEX #22575/00
 
By way of Notice of Motion, defendant Daniel Retter ("Retter") has moved pursuant to CPLR $321 1 ( 5 ) and (7), for an order dismissing the complaint. By way of cross-motion, defendants Yeshiva Rambam ("Rambam") and the remaining individual defendants named in the caption have likewise moved pursuant to the same subsections for an order of dismissal, or summary judgment in their favor. Plaintiff opposes both motions.
 
Based upon the papers submitted in support of, and in opposition to, these motions, the Court makes the following findings of fact:
 
Defendant Yeshiva Rambam is an educational institution incorporated and chartered pursuant to and in accordance with the laws of the State of New York. It has been granted tax exempt status pursuant to the provisions of the Internal Revenue Code $501(c)(3). The individual defendants, except for Richard Bernstein and Daniel Retter, are alleged in the complaint to have been officers or members of the Board of Directors of Runbam at the relevant time. Bernstein is alleged to have been employed as the Executive Director. Retter is alleged to be an attorney "employed in the City of New York, State of New York". Plaintiff is the former principal of Rambam.
 
On or about July 26, 1996, plaintiff entered into an agreement with Rambam to serve as the principal of Rambam with responsibility for its Hebrew and General Studies Departments for a three-year period ending July 28, 1999. His term of employment ended in December, 1998, under sharply disputed circumstances which are at the heart of this lawsuit. To the extent they are relevant to the outcome of this decision, they will be discussed, infra.
 
As set forth in Paragraph 25 of the Complaint, the individual defendants, commencing in or around July, 1997 and during the remainder of plaintiffs employment with Rambam, allegedly acting together "in conspiracy", "commenced false, libelous, defamatory and slanderous statements against Plaintiff, in an effort to have Plaintiff removed as principal." Plaintiff alleges his first termination, which was in breach of his contract, occurred in June, 1998, but was revoked. His second, and final termination, occurred in December, 1998. Plaintiff alleges that he was terminated without cause, which was in breach of the terms of his contract with Rambam.
 
It appears uncontroverted that events leading up to Plaintiffs termination included a realignment of authority in the running of Rambam's affairs so as to subordinate the executive director to the principal, followed by an accusation of sexual abuse against plaintiff by a kitchen employee at the school, who filed a criminal complaint which was dismissed by the Kings County District Attorney's Office. It was also the subject of a detailed investigation by one Margaret Retter, who published a report dated September 23, 1997, wherein she concluded that there was no evidence to support the charges. Nevertheless, shortly after the accusation was made, a series of anonymous letters were sent to parents of children enrolled in the school concerning the allegations.
 
Also in September, 1997, an anonymous telephone caller caused New York State's Department of Child Welfare to investigate plaintiff and his family for child abuse against his own daughter which served as a basis for plaintiffs June 1998 termination. These charges were later determined to be unfounded, and defendant Retter, in a letter sent to defendants Moinester and Rovt, advised them that the termination was improper.
 
On December 18, 1998, Plaintiff was terminated without cause as of December 21, 1998, although defendant Gross states in his affidavit that plaintiff left Rambam on his own accord. Notwithstanding the existence of any issue on this point, Article VII, p9 of Rambam's Constitution requires that in the event the Yeshiva sought to suspend or discharge a principal, "a statement of the charges against him shall be mailed to him by registered or certified mail and delivered to him at least seven days prior to a special meeting called for that purpose, at which meeting such suspension or discharge will be considered, with a request that he attend thereat and about any defense he may care to interpose."
 
Finally, while it will not enter into or affect the outcome of this decision, it bears noting that the Beth Din of America, a Jewish version of an arbitration panel, on December 18, 1998, issued an Ikul or injunction, forbidding plaintiffs removal until it conducted a hearing. After summoning Rambam three times and having not received a proper response thereto, the Beth Din, on February 25, 1999 found Yeshiva Rambam to be in contempt; authorized Rabbi Well to pursue his claims in the secular courts, and stated that "it is ...... forbidden for any Jewish person ... to accept a paid position at Yeshiva Rambam in any administrative or teaching capacity."
 
Plaintiffs Verified Complaint contains fourteen separate causes of action. Those numbered one to six allege breach of contract by,Rambam. Numbers seven and eight, which name defendants Moinester, Rovt, Gross, Leikovitz, Cameo, Zaremba, Allen, Rosen, Weintraub, Konner, Zwibel, Braunstein, Sandler., Nakash, Wallach and Retter, alleges tortious interference with plaintiffs employment. Number nine alleges that defendant Rambam was negligent in supervising defendants Moinester, Rovt, Gross, Lefkovitz, Cameo and Braunstein, who were allegedly officers thereof. Number 10 charges defendants Rambam, Moinester, Rovt, Gross, Lefkovitz, Cameo and Braunstein with negligence in supervising defendant Bernstein. Number eleven alleges that Rambam knew or should have known of defendants' Moinester, Rovt, Bemstein, Gross, Lefkowitz, Cameo and Braunstein's propensity for the conduct which caused injury to the plaintiff, but negligently retained them. Number twelve alleges that all defendants maliciously charged plaintiff with "crimes, deviant behavior, and other impalatable behavior:, but that "any charges against plaintiff have been dismissed, whether civil or criminal", causing additional injury to the Plaintiff. Number thirteen, without mentioning a date, alleges that Defendants' termination of Plaintiff without cause constituted unlawful discriminatory employment practices within the meaning of Title 8- 107, subsection 1 1 of the Administrative Code and Charter of New York City. Finally, in Number 14, plaintiff alleges discrimination under New York State Executive Law, Section 296, subdivision 16. He seeks compensatory, pecuniary and punitive damages, attorneys fees, plus costs and disbursements. Neither the language contained in the Verified Complaint, nor any allegations in the papers in support of Plaintiffs affirmation in opposition to the motions to dismiss, demonstrate that defendant Retter acted outside of the scope of his authority as an attorney acting in an advisory capacity. Burger v. Brookhaven Medical Center, 131 AD2d 622; Kline v. Schaum 174 Misc.2d 988 (Supreme Court,. Appellate Term, Second Dept.); Newburner. Lobe & Company v. Gross, 563 F2d 1057. Accordingly, the motion is granted.
 
As to the remaining defendants, the Court makes the following findings with regard to the cross-motion:
 
With respect to the first six causes of action of the verified complaint, with sound in breach of contract and are specifically directed to Rambam, the cross-motion is denied.
 
As to those numbered seven through twelve, it is clear to the Court that they state causes of action for tortious interference and negligence, and defendants' contention that numbers 7 and 8 sound in defamation (and are thus subject to a one-year statute of limitations) is a tortured and unacceptable interpretation (see Foster v. Churchill, 87 NY2d 744,642 NYS2d 583,665 NE2d 153). Moreover, with respect to defendant Rambam, and more particularly the individually named defendant officers and employees, while it is true that a corporate officer who is chargedwith inducing the breach of a contract between a corporation and a third party is immune from liability if it appears he is acting in good faith as an officer, the evidence must clearly show that there was no commission of independent torts or predatory acts directed against the other party. Burger, supra at 623. Accordingly, that branch of the cross-motion is denied since the acts alleged, if supported by evidence that can only be obtained through discovery, may well result in verdicts of liability and the imposition of damages.
 
Finally, paragraphs thirteen and fourteen, which allege violations of New York City and New York State anti-discrimination statutes respectively, fail to articulate specific acts of wrongdoing by any of the named defendants, and are conclusory and vague. Accordingly, the cross-motion is granted with respect thereto, and same are dismissed. The foregoing constitutes the decision and order of the court.
ENTER
 
MSB (signature)
J.S.C.
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FAIR USE NOTICE
Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. 
 
We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. 
 
For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
 

Friday, August 27, 2004

Case of Rabbi Nachman Weisfeld

Case of Rabbi Nachman Weisfeld
Teacher - Haifa, Israel


Convicted of physically and sexually abusing children under his care in an ultra-Orthodox education institution.  The children were between the ages of four to six-years-old.  

The court also instructed Weisfeld to pay NIS 7,000 to each student in compensation for the abuse, which took place between 1995 and 1999, and handed him a two-and-a-half year suspended sentence.  

If you have a photograph of Rabbi Nachem Weisfeld, please forward it to The Awareness Center.

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Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.

Table of Contents:  

2004
  1. Haifa court sentences rabbi to 4 years for abusing students  (08/27/2004)
  2. Rabbi sentenced for sexually abusing students (08/27/2004)
  3. The Rabbi that sexually abused sent to jail (08/27/2004)
  4. 4.5 year sentence for Rabbi who abusing students ages 4-6 (08/27/2004)

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Haifa court sentences rabbi to 4 years for abusing students
By Itim
Haaretz - August 27, 2004 (Elul 10, 5764)

The Haifa District Court sentenced a rabbi to four-and-a-half years in prison on Friday for sexually, physically and emotionally abusing seven of his students, all of them between 4 and 6 years old.

Rabbi Nachman Weisfeld, 47, was convicted of abusing the children he was teaching at an ultra-Orthodox education institution, where he was supposed to be providing religious instruction.

The court also instructed Weisfeld to pay NIS 7,000 to each student in compensation for the abuse, which took place between 1995 and 1999, and handed him a two-and-a-half year suspended sentence.
The court determined that Weisfeld hit the children and threatened additional corporal punishment if they told their parents of the sexual abuse.

The judge rejected the defense attorney's argument that corporal punishment is considered acceptable in ultra-Orthodox institutions.


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Rabbi sentenced for sexually abusing students
By JPOST.COM STAFF
Jerusalem Post - Aug. 27, 2004 

Haifa district courts sentenced Nahman Weisfeld, 48, of a northern town, to four and a half years in prison for sexually abusing seven of his students.

All of the children were between the ages of four and six and were enrolled in the Haredi school system, Army Radio reported.

The court also ordered him to pay a NIS 7000 fine for each of the children that he abused.

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The Rabbi that sexually abused sent to jail
By Eli Levi
Maariv (Hebrew edition) - August 27, 2004
http://www.nrg.co.il/online/1/ART/774/935.html

הרב שהטריד מינית נשלח לכלא
ביהמ"ש המחוזי בחיפה גזר שבע שנות מאסר על רב מהצפון שנהג להתעלל פיזית ומינית בתלמידיו

דפדף בחדשות אלי לוי
27/8/2004 11:06

במשך שנים התעלל הרב נחמן וייספלד פיזית, מינית ונפשית בתלמידיו בני 4 עד 6. היום הוא משלם את המחיר. בית המשפט המחוזי בחיפה גזר היום על הרב המתעלל שבע שנות מאסר, מהן ארבע שנים וחצי בפועל. בנוסף חויב הרב לפצות כל אחד מקורבנותיו בסכום של 7,000 שקל. 

הרב וייספלד, כיום בן 48, שימש בין 1999 ל-1995 מורה ב"חדר" חרדי שפעל באזור הצפון. במסגרת עבודתו לימד ילדים, במה שהוגדר בקהילה החרדית כמכינה לקראת עלייתם לכיתה א'. כמו כן הוא שימש מורה לילדים בכיתות א' עד ג' ואף שימש בחלק מהתקופה סגן מנהל ה"חדר".

בגזר הדין שפורסם הבוקר בבית המשפט המחוזי בחיפה, כתבו השופטים סלים ג'ובראן, ראיק ג'רג'ורה ורון שפירא: "במשך כל שנות עבודתו של הנאשם בחדר הוא נהג להתעלל בילדים אותם לימד. בעיקר פגע הנאשם בתלמידים שלמדו אצלו בכיתת המכינה. הנאשם איים על הילדים שאם יספרו להוריהם על מעשיו, הוא יכה אותם".

הפרקליטות חשפה במהלך המשפט את מסכת ההתעללות הקשה אותה עברו הילדים חסרי הישע. לטענת הפרקליטות, הרב התעלל בשבעה ילדים שאותם לימד. לפי כתב האישום, הרב היכה במקל ובחגורה תלמיד בן 5 ואף התעלל בו מינית. במקרה נוסף נטען שהרב אחז באבר מינו של ילד בן 4, הכניס את ידיו מתחת לתחתוניו של הילד והיכה בחוזקה באחוריו. באחד המקרים וייספלד אף החדיר את אצבעו לפי הטבעת של ילד בן 5 כדי להענישו. 

"אין לראות את תפיסת עולמו החינוכית של הנאשם, כפי שהוא עצמו הודה בה וכפי שעלה מהראיות שהובאו בפנינו, כחלק מתפיסת העולם של הקהילה הדתית חרדית", כתבו השופטים בנימוקים לגזר הדין. "תפיסת עולמו החינוכית של הנאשם אינה משקפת את גישת ההלכה, והאלימות בה נקט כלפי הילדים חורגת מהמותר בענישת ילדים. 

"המכות שהיכה את הילדים, הכנסת האצבע אל פי הטבעת והאלימות בה נקט חורגים גם מהמותר לגישת אלה המתירים לנקוט בענישה גופנית כלפי ילדים... בנסיבות אלה איננו סבורים כי יש מקום לתת משקל של ממש בטענת 'ההגנה התרבותית'".

 ------------------------------

(English Translation by Google Translate)

Rabbi sexually harassing sent to prison
Haifa District Court sentenced to seven years in prison for a long north who physically and sexually abusing pupils
By Eli Levy
Maariv (Hebrew edition) - August 27, 2004

Abused for years Weisfeld Rabbi Nachman of physical, sexual and mental pupils aged 4 to 6 . Today he pays the price. Haifa District Court today sentenced Rabbi abuser seven years in prison , of which four and a half years in practice. Rabbi was also required to compensate all victims in the amount of NIS 7,000 .

Rabbi Weisfeld , now 48 , served between 1999 and 1995 cheder teacher " Orthodox operated in the north. In his work teaching children , in what was offered preparatory haredi community prior to their grade. He also served as a teacher for children in grades A to C and served as deputy director in the period Heder . "

The court ruling published Wednesday in Haifa District Court , the justices Salim Jubran , Ryan Jarjoura and Ron Shapiro : " Throughout his career, the defendant's room he used to abuse those children taught . Mainly hit students who accused him preparatory class . Defendant threatened the children if they told their parents about his actions , he beats them. "

During the trial the prosecution disclosed the abuse to her difficult past the helpless children . The prosecution said the rabbi molested seven children whom he taught. 

According to the indictment, and clubbed a great belt 5 year old student and sexually abused . In another case argued that the rabbi took his penis of a 4 year old boy put his hands under the bottom of the child and hit hard from behind . In one case Weisfeld also inserted his finger in the anus of a five year old boy to punish him .

" It should not be the educational world view of the defendant , as he himself admitted and as shown by the evidence brought before us , as part of the worldview of orthodox religious community ," wrote the judges sentencing arguments . " Educational worldview of the defendant does not reflect the attitude of law , and violence adopted towards children exceeds maximum punishment of children.

" Plagues that struck the children , the introduction of the finger into the rectum and the violence which took well exceed those permitted approach permitting to take corporal punishment against children ... Under these circumstances we do not believe that giving weight to the claim is ' Cultural Defense ."

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4.5 year sentence for Rabbi who abusing students ages 4-6
By David Ratner
Haaretz (Hebrew edition) August 27, 2004 Elul 10, 5764

4.5 שנות מאסר לרב שהתעלל בתלמידים בני 4-6
הרב נחמן וייספלד הורשע בהתעללות מינית, פיסית ונפשית בשבעה תלמידים; חויב לשלם 7,000 שקל 
בית המשפט המחוזי בחיפה גזר ביום שישי ארבע וחצי שנות מאסר בפועל ושנתיים וחצי מאסר על תנאי על הרב נחמן וייספלד, בן 47, שהורשע בשורה ארוכה של עבירות התעללות בשבעה מתלמידיו, בגילאים 4-6. בנוסף חייב בית המשפט את הנאשם לפצות כל תלמיד ב-7,000 שקלים.


הרב הורשע כי התעלל מינית, פיסית ונפשית בתלמידים שלימד במוסד חינוכי חרדי לקראת עלייתם לכיתה א' בין השנים 1995-1999.

----------------------------------------

(Translated using Google Translate)
4.5 year sentence for Rabbi who abusing students ages 4-6
By David Ratner
Haaretz (Hebrew edition) August 27, 2004 Elul 10, 5764

4.5 years in prison rabbi who abused pupils aged 4-6
Rabbi Nachman Weisfeld was convicted of sexual abuse , physical and emotional seven students , was required to pay NIS 7,000

Haifa District Court on Friday sentenced four and a half years in prison and two and half years probation for Rabbi Nachman Weisfeld , 47, was convicted of numerous counts of abuse seven students , ages 4-6 . In addition , the court ordered the defendant to compensate each student in 7000 dollars.

Rabbi convicted for sexually abused , physically and mentally students taught religious educational institution prior to their first grade in the years 1995-1999 .

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FAIR USE NOTICE

Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

_________________________________________________________________________________



"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." –– Margaret Mead

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Thursday, August 26, 2004

Case of David Steven Berman

Case of David Steven Berman
(AKA: David Berman, David S. Berman)

Ruislip, England

Convicted and sentenced to prison for only three and a half years after pleading guilty to 13 charges of making indecent images of children. Judge Jeremy Connor stated: "The images showed children as young as six, some with elements of sadism." 

Berman kept a handgun, handcuffs, a rope and condoms hidden in a black briefcase along with printouts of explicit online chats with underage girls he had been grooming.

Police also appealed for anyone who may have come into contact with Berman on the internet to call the paedophile unit on 0808 1000040. 
____________________________________________________________________________________

Disclaimer: Inclusion in this website does not constitute a recommendation or endorsement. Individuals must decide for themselves if the resources meet their own personal needs.

Table of Contents:  

2004
  1. 'Child rape kit' man jailed  (08/26/2004)
  2. Businessman with 'child rape kit' is jailed  (08/27/2004)
  3. Child Porn Man Jailed  (08/28/2004)


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'Child rape kit' man jailed
By Staff Reporter
Hillingdon Times - August 26, 2004


A RESPECTED construction boss caught with a home-made "child rape kit" was jailed for three-and-a-half years this week.

Married man David Berman, 46, of Fleming Avenue, Ruislip, kept a handgun, handcuffs, a rope and condoms hidden in a black briefcase along with printouts of explicit online chats with underage girls he had been grooming.

Middlesex Guildhall Crown Court heard how Berman, described as a leading member of his local synagogue, chronicled his attempts to lure youngsters to meetings with details of what he planned to do to them. He was also caught with hundreds of "absolutely horrific" child porn movies and images.

Detectives who raided Berman's home in the early hours of April 22 this year described him as a "serious danger to children". DC Martin McDonagh said: "The images were absolutely horrendous.

"It was just a matter of time before he acted on his desires."

During the raid on his home police found a sophisticated computer set- up to download porn chat with young girls and other online perverts. Officers recovered 220 images and 196 movie files showing children as young as six being subject to brutal rape and sado-masichistic torture. Berman claimed all his talk, and the rape kit, were sexual fantasies he never intended to act on. Nick Mather, prosecuting said: "There were a number of attempts made by the defendant to set up meetings with young teenage girls."

Berman admitted 13 charges of making indecent images of children. Neil Griffin, mitigating, described Berman as "highly involved" in the West London Liberal Synagogue.

Judge Jeremy Connor, jailing Berman at Middlesex Guildhall Crown Court on Tuesday, told him: "The images showed children as young as six, some with elements of sadism. There was a deliberate seeking of others, some careful organisation and conversations in chatrooms with teenage girls."

Police hailed Berman's conviction as a huge success. DI Neil Thompson, from the paedophile unit, speaking on Tuesday, said: "I welcome today's sentence which should act as a deterrent for those who continue to use various methods of abusing children via the internet. I appeal to anyone who may have come into contact with Berman who used the username of "cherrypoppers" to call the paedophile unit."
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Businessman with 'child rape kit' is jailed
Jewish Chronicle (UK) - August 27, 2004
 
A BUSINESSMAN was jailed for three and a half years yesterday after being caught with a "rape kit" and images of child pornography.

A briefcase found in David Berman's home contained a replica handgun, handcuffs, condoms and rope, a court heard.

Nick Mather, prosecuting, said: "This could be described as a rape kit."

Middlesex Guildhall Crown Court heard that Berman, 46, had also tried to set up meetings with girls on the internet.

The project manager from Ruislip, Middlesex, pleaded guilty to making indecent images.
 
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Child Porn Man Jailed 
Totally Jewish.com (UK) - Aug 26, 2004


A Ruislip man found in possession of an imitation gun and handcuffs was jailed this week after police discovered pornographic images of children on his home computers.

David Steven Berman, 46, was given a three and a half year sentence at Middlesex Guildhall Crown Court after he pleaded guilty to 13 counts of making indecent images of children.

The Metropolitan police paedophile unit arrested the project manager in April following a raid on his Ruislip home.

Officers took away five computers, hardware and compact and floppy discs for examination and found static and video images of children, including photographs showing sadistic acts against infants as young as six.

Police said some of the images found on Berman's computer were classed as "grade five" – the most serious category of child abuse image.

They also found a briefcase containing an imitation handgun with ammunition, handcuffs, rope, condoms, lubricants and rubber gloves.

Computer records also showed that Berman, who went under the username of "cherrypoppers", had attempted to arrange meetings with unsuspecting youngsters on internet chat rooms.

It was revealed in court that Berman was once involved with West Central Liberal Synagogue, but he is thought no longer to be active in the Jewish community.

DI Neil Thompson, from the paedophile unit, said: "I welcome this sentence which should act as a deterrent for those in society who continue to use various methods of abusing children via the Internet."

Police also appealed for anyone who may have come into contact with Berman on the internet to call the paedophile unit on 0808 1000040.

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FAIR USE NOTICE

Some of the information on The Awareness Center's web pages may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.

We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml . If you wish to use copyrighted material from this update for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
___________________________________________________________________________________

 "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." -- Margaret Mead

____________________________________________________________________________________