Showing posts with label repeat offender. Show all posts
Showing posts with label repeat offender. Show all posts

Thursday, August 28, 2008

Case of Stanley D. Schwartz

Case of Stanley D. Schwartz
(AKA: Stanley Schwartz, Stanley David Schwartz)


Basketball Coach - Thomas S. Wootton High School, Rockville, MD
Guardian - Foreign Exchange Student, Rockville, MD
Patent Lawyer - Rockville, MD
Chaperoned on Ski Trips 


Stanley Schwartz is a convicted sex offender and has a very long history of molesting teenaged boys.  

He was convicted on molestation charges, after 15-year-old exchange student from Kuwait told detectives that Schwartz fondled him Aug. 27, 2008.  

At the time, Schwartz was acting as a surrogate guardian because the teenager's host parents couldn't take care of him that night.

Schwartz was originally sentenced to 18 years will instead be released in 18 months, after Montgomery County Circuit Judge Eric M. Johnson said Schwartz had gotten the "jolt to his system" he needed by having been sent to the state penitentiary.

Back in 1992 attorney, Stanley Schwartz,  was accused of sexually touching at least nine Thomas S. Wootton High School male basketball players, whom he coached.  Some of the teenagers said inappropriate sexual touching occurred after Schwartz had given them alcohol, the detective said.


Schwartz has been estranged from most of his close relatives for more than a decade. He was married for nearly 30 years before his wife filed for divorce in 1997.

There are several people who go by the name of Stanley Schwartz. The individual discussed on this page was born on April 20, 1942.

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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  
  • Accused of sexually touching at least nine Thomas S. Wootton High School male basketball players, whom he coached. 
2006
  1. Sex Allegations Swirled Around Md. Man Before (11/27/2006)

2008
  1. Untied States Patent and Trademark Office 
  2. Judge Slashes Molester's Sentence From 18 Years to 18 More Months  (07/26/2008)

2013
  1. Maryland State Sex Offender Registry (12/31/2013)


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Sex Allegations Swirled Around Md. Man Before
By Ernesto LondoƱo
Washington Post - November 27, 2006


Before he was charged in recent weeks with abusing three minors, Stanley D. Schwartz had a clean record.

But allegations of sexual misconduct with underage boys by the 64-year-old patent lawyer were first made more than a decade ago, a Montgomery County detective said.

Jordan Satinsky said fellow detectives opened an investigation in 1992 after the Rockville man was accused of sexually touching at least nine Thomas S. Wootton High School male basketball players, whom he coached.

Schwartz also has been accused of inappropriate sexual conduct with boys between the ages of 13 and 16, whom he chaperoned on ski trips and hosted at his home as foreign exchange students, the detective said.

Satinsky said none of the previous allegations brought to the attention of police led to charges because they couldn't be corroborated and no alleged victims wanted to come forward.

Schwartz's attorney, Sanford Berman, would not comment on the allegations or the supervisory roles that have placed Schwartz in close contact with male teenagers. He said his client should be presumed innocent unless proved guilty in court. He also said his client would not be available for an interview.

"We have no response to police allegations in the press," Berman said. "We respond to them in the courtroom."

Satinsky said he chose to disclose information about the earlier investigations because he believes others might be willing to come forward now that some have formally accused Schwartz of molesting them.

"I think he has been doing this for a very long time," Satinsky said.

Satinsky said Schwartz, a longtime Montgomery resident who has a law practice in Arlington County, has been estranged from most of his close relatives for more than a decade. He was married for nearly 30 years before his wife filed for divorce in 1997, according to court records.

Some of the teenagers said inappropriate sexual touching occurred after Schwartz had given them alcohol, the detective said.

Schwartz was apparently a volunteer coach at Wootton; a school system spokesman said he had never been on the system's payroll. Some of the allegations involving Wootton students were made to police after Schwartz took teenagers on out-of-state trips to help him do legal research, the detective said.

The ski trips Schwartz chaperoned also took place in the early 1990s, Satinsky said. They were apparently sponsored by a Fairfax-based program, the detective said. Its name could not be immediately determined.

Satinsky said it is not clear how far the past investigations got because they were conducted by detectives who no longer work at the department. He said he found notes in the investigation folder indicating that some teenagers came forward but were later asked by their parents not to pursue the matter.

Schwartz was arrested in October after a 15-year-old exchange student from Kuwait told detectives that Schwartz fondled him Aug. 27, according to a charging document. The document provides the following account:

Schwartz, who was acting as a surrogate guardian because the teenager's host parents couldn't take care of him that night, told the teenager he could sleep in Schwartz's bed. Later that night, Schwartz got in bed with him while he was sleeping.

Schwartz fondled him and told him that "American boys sleep in their underwear, not T-shirt and shorts."

The teenager left the bedroom, knelt to pray and later called his host parents, who picked him up and called police.

Satinsky said Schwartz has hosted about 30 foreign-exchange students at his home in recent years. All have been white or light-skinned male teenagers -- most are from Europe -- and were ages 13 to 16.

Satinsky said officials of San Francisco-based AYUSA International, the company that used Schwartz as a host parent for foreign-exchange students, have cooperated with investigators. A phone message left Wednesday for an AYUSA employee who handles media inquiries was not returned.

Schwartz was charged with sexual abuse of a minor, sex offense and assault in the exchange-student case.

Schwartz was arrested again Nov. 15 and charged with child abuse and sex offense after a woman and a man separately told police that he molested them in the 1980s when they were 13 and 15, respectively. He posted $100,000 bond in the first case, two $50,000 bonds in the second and third and was released awaiting the resolution of the cases.

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Untied States Patent and Trademark Office
http://www1.uspto.gov/go/foia/oed/disc/D2008-01.pdf

UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE DIRECTOR OF THE UNITED STATES PATENT AND
TRADEMARK OFFICE
In the Matter of Standley D. Schwartz
Proceeding No. D2008-01

FINAL ORDER
The Director of Enrollment and Discipline (OED Director) of the United States Patent and Trademark Ofi'ice (USPTO) and Stanley D. Schwartz (Respondent) have submitted a settlement agreement in the above-identified proceeding that meets the requirements of 37 C.F.R. 5 10.133(g).

In order to resolve the case without the necessity of a hearing, the OED Director and Respondent have agreed to certain facts, legal conclusions and sanctions, all of which are set forth below. It was further agreed between the OED Director and Respondent that this agreement resolves any and all disciplinary action by the USPTO arising from the allegations set forth herein.

Pursuant to that agreement, this Final Order sets forth the following jurisdictional statement, understandings, stipulated facts, agreed-upon legal conclusions and sanction.

JUFUSDICTION
At all times relevant hereto, Respondent, of Gaithersburg, Maryland, has been registered to practice before the United States Patent and Trademark Office (Office or USPTO), Registration No. 25,374, authorized to engage in the prosecution of patent applications and subject to the USPTO Disciplinary Rules.

UNDERSTANDINGS
Respondent freely and voluntarily seeks settlement of this matter and acknowledges that he is not acting under duress or coercion.    See 37 C.F.R.  3  10.133(c)(l) and (2).

Respondent acknowledges that he is fully aware of the implications of the USPTO Director, or persons acting upon his behalf, accepting this proposed settlement. Respondent further acknowledges that he is entitled to have a hearing in this proceeding.  See 37 C.F.R. $5  10.132(a), 10.132(b), 10.135, 10.136, and 10.144. Respondent hereby waives his right to a hearing in this matter if the USPTO Director, or persons acting upon his behalf, agrees to the terms and conditions of this proposed settlement.

Respondent agrees and understands that unless the USPTO Director, or persons acting upon his behalf, enters an order in accord with the terms of this agreement, this matter has not been settled, and this agreement is without effect. The OED Director and Respondent also agree and understand that if the USPTO Director, or persons acting upon his behalf, rejects this settlement agreement, no reference to the offer of settlement, contingent acceptance, or stipulated facts in support of this agreement shall be admissible in evidence in a disciplinary proceeding unless the OED Director and Respondent agree to such admissibility in writing.  See 37 C.F.R.  5  10.133(g).

Respondent acknowledges that, if and when he applies for reinstatement under 37 C.F.R.  3  10.160, the OED Director will conclusively presume, for the limited purpose of determiring the application for reinststement, that the facts set forth below zre trde arrd Respondent could not have successfully defended himself against charges predicated on the violations under investigation by the OED Director.

STIPULATED FACTS
1. In an Indictment, Cr. # 106341, dated October 27, 2006, Respondent was charged in the Circuit Court for Montgomery County, Maryland, with Count One-

Sexual Abuse of a Minor, in violation of Section 3-602 of the Criminal Law Article; Count Two-Sexual Offense in the Fourth Degree, in violation of Section 3-308 of the Criminal Law Article; Count Three-Assault in the Second Degree, in violation of Section 3-203 of the Criminal Law Article of the State of Maryland.

2. In an Indictment, Cr. # 106914, dated January 19, 2007, Respondent was charged in the Circuit Court for Montgomery County, Maryland, with Count One- Sexual Abuse of a Minor, in violation of Article 27, Section 464B of the Annotated Code of Maryland; Count Two-Child Abuse, in violation of Article 27, Section 35A of the Annotated Code of Maryland.

3.  In an Indictment, Cr. # 106913, dated January 19, 2007, in the Circuit Court for Montgomery County, Maryland, Respondent was charged in Count One-Sexual Offense in the Third Degree in violation of Article 27, Section 464B, of the Annotated Code of Maryland; Count Two-Child Abuse; Custodian, in violation of Article 27, Section 35A of the Annotated Code of Maryland

4. In the matter of Indictment and Case No. 106341C, on April 13, 2007, the Respondent and Criminal Defendant, Stanley D. Schwartz, with the advice and assistance of counsel, pled guilty to Count One - Sexual Abuse of a Minor and was found guilty by the Court thereof.

5. In the matter of Indictment and Case No. 106914C, on April 13, 2007, the Respondent and Criminal Defendant, Stanley D. Schwartz, with the advice and assistance of counsel, pled guilty to Count One - Sexual Offense in the Fourth Degree and was found guilty by the Court thereof.

6. In the matter of Indictment and Case No. 106913C, on April 13, 2007, the Respondent and Criminal Defeiidznt, S'mley  E.  Schvm-tz, with the advice and assistance of counsel, pled guilty to Count One - Sexual Offense in the Third Degree and was found guilty by the Court thereof.

7. The respondent came before the Circuit Court for Montgomery County, Maryland, for sentencing on September 27, 2007, at which time he was sentenced to a total of 18 years incarceration in the Division of Correction. Upon his release he is to be placed on supervised probation for a period of five years.

8. The Respondent is also a member of the Bars of the state of Virginia and the District of Columbia.


LEGAL. CONCLUSIONS
9. Based upon the foregoing stipulated facts, Respondent acknowledges that his conduct violated the following Disciplinary Rules of Professional Conduct as outlined in Section 10 of Title 37, Code of Federal Regulations:

a. Rule 10.23@)(3) by engaging in illegal conduct involving moral turpitude; 
b. Rule 10.23(b)(5) by engaging in conduct that is prejudicial to the administration of justice; 
c. Rule 10.23@)(6) by engaging in conduct that adversely reflects upon the practitioner's fitness to practice before the Office

EXCLUSION
Based upon the foregoing, it is:

ORDERED that Respondent be excluded from practice of patent, trademark and other non-patent law before the USPTO, the period of exclusion beginning on September 27, 2007, and further

ORDERED that the OED Director publish the Final Order, and further

ORDERED that the OED Director will publish the following Notice in the Official Gazette:

Notice of Exclusion
Stanley D. Schwartz, of Gaithersburg, Maryland, is a registered patent attorney, registration number 25,374. In settlement of a disciplinary proceeding, the Director of the United States Patent and Trademark Office has ordered Mr. Schwartz be excluded from practice before the United States Patent and Trademark Office in patent, trademark and other non-patent law cases. The exclusion imposed by the Director began on September 27, 2007. This action is taken pursuant to the provisions of 35 U.S.C. 5 32 and 37 C.F.R. §10.133(g).

And it is further,

ORDERED that the OED Director will give notice of the final decision to the appropriate employees of the Office and to interested departments, agencies, and courts of the United States and will also give notice to appropriate authorities of any State in which a practitioner is known to be a member of the bar, and it is further ORDERED that while excluded, Respondent shall not engage in the unauthorized practice of patent, trademark and other non-patent law before the USPTO. 37 C.F.R.  5  10.158(a) and further it is ORDERED that within 30 days of this Final Order, Respondent shall notify all bars of which he is a member and all clients having immediate or prospective business before the Office in separate written communications of the exclusion, and that Respondent shall file a copy of each written communication with the OED Director within the same 9 7 Tr T-  P  i n r r o  L \ l , \  ? , : r ; - c . . +  30- day period.  3  1  L..R.  y  IIJ.IJO(LJ,,  ajlu i r  1s  laher

ORDERED that within 30 days of this Final Order, Respondent shall surrender each client's active USPTO case file(s) to (1) each client or (2) another practitioner designated by each client. 37 C.F.R.  5  10.158@)(2). It is hereby further

ORDERED that during the period Respondent is excluded any communication relating to a client matter that is addressed to Respondent andor received by him shall be immediately forwarded to the client or the practitioner designated by the client, and that Respondent will take no other legal action in the matter, enter any appearance, or provide any legal advice concerning the matter that is the subject of the communication. 37 C.F.R.  55  10.158(a),(b)(2), (b)(6), and further

ORDERED that within 30 days of this Final Order, Respondent shall return to any client having immediate or prospective business before the Office any uneamed legal  funds, including any uneamed retainer fee, and any securities and property of the client.  37 C.F.R.  55  10.158(b)(8), 10.160(d), and further

ORDERED that Respondent shall promptly take steps to comply with the provisions of  37 C.F.R.  5  10.158@)(3), (b)(4), (b)(5), (b)(6), and (b)(7). Respondent shall submit proof of compliance with  55  10.158(b)(3), (b)(5) and (b)(6) with the OED Director upon filing a petition for reinstatement under 37 C.F.R.  5 10.160, and further

ORDERED that Respondent shall promptly take steps to comply with the provisions of 37 C.F.R.  5  10.158(c) and it is further

REINSTATEMENT
ORDERED that following the exclusion in compliance with the foregoing provisions,  Respondent may petition for reinstatement, and

ORDERED that Respondent rhd! not be entitled to reinstatement iunti! he satisfies the provisions 37 C.F.R.  $5  10.158 and 10.160.

On behalf of Jon W. Dudas
Undersecretary of Commerce for Intellectual Property and Director of the Unitedstates Patent and Trademark Ofice
Date es A. Toupin / United States Patent and Trademark Office
cc Harry I. Moatz, OED Director

Robert A. Cohen
12609 Blue Mountain Court
Gaithersburg, MD 20878

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Judge Slashes Molester's Sentence From 18 Years to 18 More Months
By Dan Morse
Washington Post - July 26, 2008

A child molester who had been sentenced to 18 years will instead be released in 18 months, after Montgomery County Circuit Judge Eric M. Johnson said onetime patent lawyer Stanley D. Schwartz had gotten the "jolt to his system" he needed by having been sent to the state penitentiary.

Johnson also said he had "somewhat blindsided" Schwartz with the original sentence, which was handed down after Schwartz agreed to plead guilty last year.

The new sentence will allow Schwartz, 66, to move to the Montgomery County jail, generally considered an easier place to serve time than the state prison system. He gave up credit for the time he has served.

Schwartz was charged in three cases. Prosecutors said that in 2006, he climbed into the bed of a foreign exchange student from Kuwait who was staying with him and fondled the 15-year-old. Before that, authorities said, he fondled a 13-year-old female relative and a 15-year-old male friend of his son's. And at Schwartz's original sentencing hearing last year, his own children testified against him, asking Johnson to impose the longest term possible.

"We are extremely disappointed" with the sentence reduction, Amy J. Bills, an assistant state's attorney who handled the case, said yesterday. Prosecutors have no right to appeal the change.

David C. Driscoll, Schwartz's attorney, said the new sentence was more in line with what his client should have received under state sentencing guidelines. The judge "thoughtfully looked at the entire situation," Driscoll said, adding that his client is "very pleased" with the sentence, which probably will make it easier for him to participate in counseling. After his release, Schwartz faces five years of supervised probation.

In court papers asking the judge to reduce the sentence, Driscoll argued that his client was paying a steep price in the state prison system.

"Stanley Schwartz suffers daily from the harsh and unintended effects of the sentences imposed in his cases," Driscoll wrote. "He endured persistent threats from inmates." Schwartz felt "fearful and isolated" in prison, Driscoll said.

Prosecutors countered that Schwartz was to blame for his long sentence in the state system.

"The defendant placed himself in this situation," Bills wrote. "His choices and actions are why his family turned away from him, why he lost his license, and why he is serving a sentence in the [Maryland] Department of Corrections."

From his bench yesterday, Johnson said Schwartz had undergone such a harsh change that he had gotten the message.

"He needed to have an appropriate sign of his being held accountable for these acts," Johnson said. "For an upper-class lawyer, [with a] successful practice in a firm, living that type of lifestyle to go to jail, to go to jail for any time at all, is a shock to his system, and that's what he's gotten."

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Maryland State Sex Offender Registry
December 31, 2013


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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. I am making such material available in my efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.

I 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.

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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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Tuesday, December 31, 2002

Case of John Joseph Kosky (AKA: Johnathon Kaye)

Case of John Joseph Kosky
(AKA: Johnathon Kaye)

Retired School Teacher
Perth, Australia
Mount Scopus Jewish College, Burwood, Australia
Melbourne, Australia
Thailand

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Convicted for offering to provide a Perth man with young girls and boys for sex in a Thai apartment. The jury was not told Kaye had been arrested twice in Thailand, in 1997 and 1999, on child-sex charges. On his return to Australia, he changed his name by deed poll from John Joseph Kosky, after having problems with the Jewish community.

Kaye lived in Perth but taught at the Mount Scopus Jewish college in the Melbourne suburb of Burwood in the 1960s and 1970s.

The Judge in the case said his crime was "highly exploitive and sexually deviant". He advertised the tour through a gay newspaper. The ad read: "Thai boy, young, fit, hunk, caring and english speaking. Would like to be your personal guide when in Thailand. Prefer older men. Contact my friend in Perth. Kaye organised tours from his retirement home in Perth.  Had his name changed by deed poll from John Joseph Kosky to Johnathon Kaye

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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:


2002
  1. Child Sex Tourism Charges (12/31/2002)

2003

  1. Man ran child-sex travel service from his retirement home, court told (02/02/2003)
  2. Thai child-sex tour teacher guilty (02/24/2003)
  3. 71-Year-Old Man Jailed for Six Years over Child Sex Tours (04/04/2003)
  4. Six years jail for child sex tour (04/04/2003)
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Child Sex Tourism Charges
ChildWise - December 21, 2002
http://www.ecpat.org/prosecutions.html

1994 - 2002 

1. Anthony Richard Carr (43) Seaforth NSW: was the first person charged under the Child Sex Tourism Law in October 1995 for offences committed against a five year old girl in the Philippines. He was sentenced to six years in jail for overseas and local offences. Carr was first arrested for local offences and when the police searched his home found child pornography involving children in the Philippines. A joint Australian and Philippine investigation found that Carr visited the Philippines to have sex with children and had paid money to a man to use his 5 year old niece in a pornographic video. 

2. Andrew Justin Harman ( ): Victoria was prosecuted for sexual offences committed with the defendants 18 month old niece and 3 year old nephew in the United States. Harman pleaded and was sentenced to a total effective sentence of two years and six months with a minimum term of twelve months. 

3. John Scott Holloway (55) of Canberra: was the second person charged under the Child Sex Tourism legislation for sex offences committed against boys under the age of 16 in Cambodia. The offences allegedly took place between July and Sept 1994. He was charged in April 1996 and the committal proceedings were heard November 1996. The charges were dismissed as the boys evidence was seen by the magistrate to be unreliable. 

4. Jesse Spencer Pearce (76) of Queensland: pleaded guilty of assaulting Thai and Australian children in 1996. He admitted to 32 charges and was sentenced to 9 years in jail. Another Australian was charged (name unknown) with Jesse Pearce but the charges were later dropped. 

5. Name unknown: Brisbane: arrested with Jesse Pearce. Charges were dropped after a few months. 

6. Raymond John Jones (43) of Victoria: was the first Australian charged in October 1996 for encouraging child sex tourism by promoting others to engage in sex with minors in the Philippines. He was committed to trial in May 1997 but the case was dismissed by the Judge due to what he considered to be insubstantial evidence. 

7. John Arthur Lee (43) Karratha, WA: was charged in 1997 of sexually assaulting young girls in Cambodia. He was arrested after he bragged to his workmates about his exploits and showed them pictures of the underage girls. He was convicted in May 1999 and sentenced to 14 years. After an appeal in 2000, his sentence was reduced to 11 years in jail. 

8. Harry Ernst Ruppert (55) of Victoria: was arrested in January 1997 after someone told the police that he was organising a child sex ring in the African country of Ghana. Ruppert pleaded guilty of organising and encouraging adults to have sex with children as young as four to train them into child prostitutes. His trial was in August 1998 and the Judge gave him a suspended sentence of six months. 

9. Bruce Steele (40 something) of Newcastle, NSW: gave himself up to police in mid 1997, admitting he had sex with boys in India while posing as a social worker. He was sentenced in December 1998 to 6 years in jail The sentence included local child sexual abuse charges. 

10. Robert Marlow (55) of Melbourne: pleaded guilty to sexually abusing boys in Fiji and was sentenced on 19 May 2000 to 3_ years in jail. Marlow regularly visited Fiji on business and was arrested after the Fijian police commissioner observed Marlow cavorting in a swimming pool with Fijian boys. 

11. John Kosky (70) of Perth: was charged in January 2001 with encouraging child sex tourism. Kosky ­ also known as Jonathan Kaye ­ was charged following a police search of his house in Perth after an investigation into child sex tours in Thailand. The retired school teacher was released on $50,000 bail; the case will be heard in Court in 2002. 

12. Ralph Ian Assheton of Perth: IN May 01 Australian Customs Service intercepted a parcel containing literature and computer images which were then referred to the AFP. The images contained boys under 16 depicting sexual acts. The AFP at the time were investigating allegations of offences committed in Bali. In Sept 2001 He appeared in Kalgoorlie Court and pleaded guilty to 2 charges under the child sex tourism act and 12 charges under the Customs Act. In march 02 Assheton was sentenced to 6 years with a non parole period of 3 years. 

13. Raymond Colin Smith of New South Wales: was convicted on June 7th 2002 under the child sex tourism law for committing 3 sexual acts with two, 6 year old girls in the Philippines. Smith was sentenced to 3 years jail and will be eligible for parole after 21 months. Smith, a convicted sex offender travelled to the Philippines on the Christian Charity the Mercy Ship. Whilst in the Philippines Smith sexually molested 2 girls and produced pornography. Smith¹s manager discovered this abuse and sent him back to Australia for prosecution fearing Smith may receive a death sentence if prosecuted in the Philippines. 

14. David John Gillard 56 of New South Wales: a Baptist church missionary was charged with 7 counts of committing an act of indecency on a child under 16, 5 counts of submitting to an act of indecency and one of attempting to pervert the course of justice. It was alleged that Gillard bribed the victims while in a Philippines jail offering them 100,000 pesos to drop the charges. Gillard was deported and interviewed and later charged by the Australian Federal Police. The AFP alleged that Gillard who is married travelled to the Philippines on behalf of the Baptist Church which ran camps for Filipino children. 

15. Name withheld 52 of Queensland : A retired Australian police officer was arraigned Thursday 15th August 2002 on charges of sexually abusing a 12 year old girl in the Philippines. The man appeared in the Brisbane Magistrate Court to face charges he had sex with a girl under the age of 16 on six occasions in July 1998 at Angeles City the Philippines. The man was released on bail and ordered to reappear on September 6th 2002. 

16. Name withheld 58 of Melbourne : A Melbourne businessman was arrested and charged with child sex offences arising out of a trip to Thailand in 2001. The man faces three counts of engaging in intercourse with a person under the age of 16. Federal agents arrested the man at his home and seized computer files and emails. He was bailed on $100,000 surety and will appear in court on 26 November 2002.



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Man ran child-sex travel service from his retirement home, court told
AAP - February 22 2003

A 71-year-old man had incriminated himself of organising child-sex tours to Thailand by outlining, in phone calls and letters, his ability to arrange boys and girls of any age for sex, a court was told yesterday.

In one letter, former Perth schoolteacher Jonathan Kaye allegedly had inquired of a contact in Thailand as to whether a boy, aged between 12 and 14, had "nice buttocks" and whether he had reached puberty.

Kaye has been on trial in the West Australian District Court, charged with offering to help someone engage in indecent conduct with a person under 16 outside Australia. It is the first trial involving this charge.

The court was told by the Crown that the calls and letters supported evidence given by a prospective traveller, Graham Adair, 70, leaving no doubt Kaye offered to set up children under 16 for sexual conduct in Thailand.

The four-day trial has been told Kaye was running an informal travel business from his retirement home. He would advertise cheap accommodation, and receive calls from people genuinely interested in that service.

But while on the phone, he would also put out feelers to see if callers were after "additional services" such as Thai children.

The Crown prosecutor, Graeme Allen, told the jury Kaye met Mr Adair and spoke to him specifically about providing children aged under 16. One of the boys, Mex, was between 12 and 14.

Mr Allen said Kaye was in control of planning a trip with Mr Adair to Thailand, arranged for February 5, 2001. This was clear from a letter Kaye had sent to a contact there, in which he said he could take up to two boys in his apartment but "more than two I will give to Graham".

Police investigated Kaye after an ad was placed in a Perth newspaper. They intercepted 1323 phone calls to and from Kaye's home in January 2001.

The jury has been told Kaye is not on trial for his own sexual activities in Thailand, but that evidence about his sexual proclivities was relevant to his ability to provide underage boys.
To this end, the court was read letters Kaye had written to Thai contacts. One was to someone he described as a Buddhist monk, known as Mo, whose son, Moo, was among boys whose services Kaye had procured for himself.

"Mo, tell me more about Mex. What is his correct age? Is he tall, small? Body? Does he have ... nice buttocks and has he reached puberty?" the letter read in part. "I need a boy who's sexy and horny."

Kaye's counsel David Moen has said Kaye's business, JK Imports, was a legitimate, registered business. The jury was expected to retire late yesterday.

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Thai child-sex tour teacher guilty
AAP - February 24, 2003

A 71-year-old former Melbourne school teacher has been told to expect a long jail term for his sexual deviance in organising child-sex tours to Thailand.

Jonathon Kaye has been convicted after the first trial of its kind in Australia, for offering to provide a 70-year-old Perth man with young girls and boys for sex in a Thai apartment.

A jury of eight men and four women deliberated for less than three hours before finding Kaye guilty of a crime for which he was arrested in January 2001 after police tapped 1,323 phone calls made to and from his retirement home.

His four-day West Australian District Court trial was told Kaye ran a travel business from his home, and had canvassed callers' possible interest in sex tours to Thailand.

Police pounced after Kaye told 70-year-old Graham Adair he could provide boys and girls of any age.

Mr Adair denied in his evidence that he was interested in young boys or child pornography.
The jury was not told Kaye had been arrested twice in Thailand, in 1997 and 1999, on child-sex charges.

He had been caught in raids linked to a British school teacher and two Dutch men.

The charges did not go to trial there, but Kaye was eventually deported to Australia.

On his return, he changed his name by deed poll from John Joseph Kosky, after having problems with the Jewish community.

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AAP Information Services - April 4, 2003

A 71-year-old self-proclaimed child-welfare proponent was today jailed for six years for organising a child sex tour in Thailand from his Perth retirement home.

But former Melbourne schoolteacher Jonathan Kaye maintained he was framed and would appeal his conviction - the first of its kind in Australia.

Kaye was sentenced in the West Australian District Court after being found guilty of the crime for which he was arrested in January 2001 after police tapped 1,323 phone calls made to and from his retirement home.

Judge Shauna Deane told Kaye today the jury last month had been convinced he offered an additional service to his travel business, and had offered to arrange child sex for a client, Graham Adair, 70.

Adair - who responded to Kaye's travel advertisement in a gay newspaper which he found in a sauna - testified that Kaye claimed to have had sex with a 16-year-old boy and to have "smoked" an even younger child's penis.

Adair, who denied any interest in child sex, said Kaye advised him to take a honey dispenser and stimulation items, to Thailand.

Defence lawyer David Moen said Kaye denied the crime and would appeal his conviction.
However Kaye had expressed remorse for placing the ad in a gay newspaper where it could have been misconstrued, Mr Moen said.

The ad read: "Thai boy, young, fit, hunk, caring and English speaking, would like to be your personal guide when in Thailand. Prefer older men. Contact my friend in Perth."

Judge Deane told Kaye his crime was "highly exploitative and sexually deviant".

She said the Australian parliament clearly felt, through the wording of the Child Sex Tourism provisions of the Crimes Act, there was no difference whether a sex act took place or not.

Judge Deane said Kaye had a long history of working with children as a teacher in Melbourne, WA and overseas.

He had sponsored several male Asian students and supported Save the Children Australia.
Kaye changed his name by deed poll from John Joseph Kosky, after having problems with the Jewish community.

The problems arose after he was arrested, but not convicted, in Thailand in 1997 and 1999, over child sex related offences.

Kaye was today sentenced to six years jail with a non-parole period of three years. The commonwealth offence carries a 17 year maximum penalty.

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Townsville Bulletin - April 4, 2003

A 71-year-old self-proclaimed child-welfare proponent has been jailed for six years for organising a child sex tour in Thailand from his Perth retirement home.

But former Melbourne schoolteacher Jonathan Kaye maintained he was framed and would appeal his conviction - the first of its kind in Australia.

Kaye was sentenced in the West Australian District Court after being found guilty of the crime for which he was arrested in January 2001 after police tapped 1,323 phone calls made to and from his retirement home.

Judge Shauna Deane told Kaye today the jury last month had been convinced he offered an additional service to his travel business, and had offered to arrange child sex for a client, Graham Adair, 70.

Adair - who responded to Kaye's travel advertisement in a gay newspaper which he found in a sauna - testified that Kaye claimed to have had sex with a 16-year-old boy and to have "smoked" an even younger child's penis.

Adair, who denied any interest in child sex, said Kaye advised him to take a honey dispenser and stimulation items, to Thailand.

Defence lawyer David Moen said Kaye denied the crime and would appeal his conviction.
However Kaye had expressed remorse for placing the ad in a gay newspaper where it could have been misconstrued, Mr Moen said.

The ad read: "Thai boy, young, fit, hunk, caring and English speaking, would like to be your personal guide when in Thailand. Prefer older men. Contact my friend in Perth."

Judge Deane told Kaye his crime was "highly exploitative and sexually deviant".

She said the Australian parliament clearly felt, through the wording of the Child Sex Tourism provisions of the Crimes Act, there was no difference whether a sex act took place or not.

Judge Deane said Kaye had a long history of working with children as a teacher in Melbourne, WA and overseas.

He had sponsored several male Asian students and supported Save the Children Australia.
Kaye changed his name by deed poll from John Joseph Kosky, after having problems with the Jewish community.

The problems arose after he was arrested, but not convicted, in Thailand in 1997 and 1999, over child sex related offences.

Kaye was today sentenced to six years jail with a non-parole period of three years. The commonwealth offence carries a 17 year maximum penalty.

Kaye's sentence was handed down just a day after legislation was introduced before the WA parliament to raise the maximum jail term for travel agents who arrange overseas paedophile sex tours to 20 years.

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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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Wednesday, November 27, 2002

Case of Yoel Oberlander

Case of Yoel Oberlander


Monsey, NY
Truck Driver, Golden State Foods - Spring Valley NY
Camp Shalva - South Fallsburg, NY


Convicted of sexually assaulting an 11-year-old girl back on Nov. 27, 2002.  

August 8, 2012, Oberlander was accused of molesting boys at a camp in which he was delivering kosher milk.  He was caught on camera entering bunks for seventh-and eighth-graders at the camp early in the morning.

There are other people who go by the name Yoel Oberlander. The individual discussed on this page was born on August 29, 1980.

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

Table of Contents: 

2002

  1. Originally convicted of molesting an eleven-year-old girl (11/27/2002)

2003
  1. People v. Yoel Oberlander - Despite 'Chemical Castration' Court Requires Defendant's Registration as Level 2 Sex Offender.  (06/24/2003)
2005

  1. Sex offender notification (04/21/2005)

2007

  1. 2 Monsey sex offenders accused of violating new residence law  (08/11/2007)


2008

  1. Sex offender challenges constitutionality of Rockland residency law (10/28/2008)

2009

  1. The People of The State of New York against Yoel Oberlander (01/2009)

2011
  1. Two Monsey sex offenders live at new addresses  (05/12/2011)


2012
  1. Sex Offender Registration and Notification in the United States (07/01/2012)
  2. Registered sex offender sneaks into Catskills sleep-away camp 08/16/2012)
  3. Monsey sex offender Yoel Oberlander slips into boys' dorm, cops say (08/17/2012)
  4. Sex offender busted after sneaking in where orthodox Jewish kids were sleeping at camp (08/17/2012)

2014
  1. New York State Sex Offender Registry (01/30/2014)


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People v. Yoel Oberlander - Despite 'Chemical Castration' Court Requires Defendant's Registration as Level 2 Sex Offender.
New York Law Journal - June 24, 2003


ROCKLAND 
Criminal Practice 
Judge Kelly 
County Court 

A SEX OFFENDER classification hearing was held for defendant, who had been sentenced to probation after conviction for second degree sexual abuse. He was a presumed Level 2 sex offender based on an 85 point score on a riskassessment instrument. Defendant, "chemically castrated" by medical treatments reducing his blood testosterone level, argued that the instrument was erroneous because he did not employ "forcible compulsion." The court, however, required defendant's registration as a Level 2 sex offender. It found insufficient evidence to conclude that an elevated testosterone level was the sole cause of defendant's actions and that defendant has a psychological abnormality that decreases his ability to control impulsive sexual behavior. The court determined that forcible compulsion may be found to result from an express or implied threat, which must be viewed in the context of a frightened 11 year old girl alone in an automobile with an adult who has placed his hand under her dress. 

People v. Yoel Oberlander - The Court held a sex offender classification hearing pursuant to 168 of the Correction Law. The hearing was held to classify the above named defendant who had just been sentenced to six years probation following his conviction for Sexual Abuse in the Second Degree. The defendant was present and was represented by counsel. 

In connection with the hearing, the Court reviewed the pre-sentence report with pre-sentence memoranda, as well as the risk assessment instrument prepared by the District Attorney's Office. The Court examined psychiatric and psychological reports from Dr. Thomas and Dr. Berlin respectively. Additionally, the Court heard testimony from Dr. Thomas concerning his clinical opinion regarding the defendant risk to re-offend and the defendant's course of treatment, including the inter-muscular anti-androgen therapy. 

Dr. Thomas has indicated that he has undertaken the responsibility of continuing therapy with the defendant. As part of that continuing treatment, in conjunction with weekly psychotherapy, Dr. Thomas will continue with the monthly injections of Depo-Lupron and continue to monitor the levels of testosterone in the defendant's blood. Further, Dr. Thomas has assured the Court that he will report any problems to the defendant's probation officer. 

As a result of the treatments so far, the testosterone level in the defendant's blood has been significantly lowered. According to Dr. Thomas, the defendant has been "chemically castrated" and thereby rendered virtually asexual. 

The recommendation contained in the Risk Assessment Instrument is the presumptive risk level to be applied to an offender. In this case, the defendant received an aggregate score of 85 points when scored by the District Attorney, making him a presumptive level two. 

The Court finds that consistent with the risk level instrument, the defendant should be classified as a "level 2" offender. The Court bases its determination on an evaluation of the criteria set forth in Correction Law 168-l(5) including, but not limited to, the defendant's history, the nature of the offense, the number of victims and vulnerability of the victims. 

The defendant contends the Risk Assessment Instrument is erroneous in that he did not employ forcible compulsion (10 points) and that the evidence did not demonstrate three or more victims (30 points). In fact, in a prior incident, the defendant made admissions of exposing his penis to young girls on five occasions over the two week period prior to his arrest. Five victims signed depositions in reference to exposure incidents in which the defendant was identified. Forcible compulsion is not confined to physical force, but may be found to result from a threat, express or implied, which must be viewed in the context of a frightened eleven year old girl alone in an automobile with an adult who has placed his hand under her dress. 

In any event, the factors listed in the statute are not exhaustive and special circumstances may warrant a departure from the presumptive risk level if aggravating factors are present. The Court finds that an override would be warranted in any event, since the defendant has a psychological abnormality that decreases his ability to control impulsive sexual behavior. Dr. Berlin's report demonstrates that the defendant has a sexual disorder that manifested itself in a pattern of genital exhibitionism that escalated in his fondling of a young girl. 

The defendant's sexual fantasies and recurrent urges concerning sexual activities with young girls continued even after intervention. Thereafter, aggressive pharmocological treatment in the form of Depo-Luperon medication was recommended to suppress the production of testosterone, to increase the defendant's capacity for self-control and to prevent sexual criminality. 

While the defendant's course of treatment will undoubtedly have the physical effect of lowering the defendant's testosterone, the Court has not been provided with sufficient evidence such that it can determine that the treatment will alleviate the risk of re-offense. While intuitively, the Court understands that an elevated testosterone level will increase sexual urges, there is insufficient evidence to conclude that an elevated testosterone level was the sole cause of the defendant's actions. 

Additionally, Dr. Thomas' experience with the Depo-Luperon treatment is anecdotal, and his personal experience with long term treatment is non-existent. According to Dr. Thomas, he has treated a total of eight patients with this inter-muscular anti-androgen therapy. However, the longest he has treated any one of those patients was two and one half years. It is anticipated that the defendant's course of treatment will exceed two and one half years. 

While Dr. Thomas was no doubt earnest in his belief that the defendant does not pose a risk to re-offend in the future, that position is not supported by any personal experience. Further, the Court has not received a report of any reliable study of the long term efficacy of this course of treatment. 

Accordingly, the Court finds that the public would be best served if the defendant were required to register as a level two offender. 

This Decision shall constitute the Order of the Court.

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Sex offender notification
By Steve Liberman
Journal News - April 21, 2005

Sex offender 

Name: Yoel Oberlander.

Address: 10952 ZIP code, Monsey.

Original jurisdiction: Spring Valley-Ramapo

Conviction: Nov. 27, 2002

Charge: second-degree sexual abuse.

Victim: 11-year-old girl.

Sentence: 6 years' probation.

Risk: moderate, Level 2.

A photograph of a 24-year-old Monsey man and details of his conviction for sexually abusing a child have been sent to Ramapo families.

Yoel Oberlander was classified by a court as a Level 2 offender, which is considered at moderate risk of becoming a repeat offender.

Oberlander pleaded guilty in 2002 to second-degree sexual abuse, second-degree unlawful imprisonment and endangering the welfare of a child, all misdemeanors. He admitted in County Court to having sexual contact with an 11-year-old girl. The sexual abuse took place in the Spring Valley and Ramapo area.

Both police departments investigated Oberlander, who was sentenced to six years' probation.

Spring Valley police notified the East Ramapo school district that Oberlander had registered his home address in Monsey. The Ramapo Police Department also was notified.

Earlier this month, East Ramapo officials sent about 8,000 letters containing Oberlander's photo, conviction and ZIP code home with students to give to their parents. The district also sent the information to private schools in Ramapo.

Under state law, police can tell school districts only the ZIP code for a Level 2 offender, not the full address. A full address is provided for those considered high risk, or Level 3. The low-risk category is Level 1.

Oberlander was among several sex offenders recently reported to East Ramapo school district residents. People have posted their photos in town, though in some places, residents said, Oberlander's photo was taken down.

The notifications are sent out after an offender gets a classification hearing in County Court. A judge decides if a person is Level 1, 2 or 3. Hearings are held for those convicted between 1996 and 2000, those moving in from another state and those recently convicted.


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2 Monsey sex offenders accused of violating new residence law
By Jane Lerner
Journal News - August 11, 2007

MONSEY - Two convicted sex offenders have been charged under a new law that prevents them from living near schools and other places where children gather, Ramapo police said yesterday.



The arrests of the two Monsey men might be the first time the county law has been used, Detective Lt. Brad Weidel said.


Ramapo police regularly check the whereabouts of the 17 registered sex offenders who live in town, Weidel said.

After the county enacted a law in February that prohibited sex offenders from coming within 1,000 feet of places where children gather, including schools, parks, day care centers and libraries, the town conducted an audit to see if the registered sex offenders were in compliance.

The law allows police to force designated Level 2 and Level 3 sex offenders to move. Level 1 offenders are considered to be a low risk for repeat offenses. Level 3 offenders are considered the highest risk.

After checking all registered offenders in town, investigators identified two who appeared to be violating the law. They investigated further.

Yoel Oberlander, 26, was charged with violating the law because he lived within 1,000 feet of a private elementary school and public park.

He was arrested Thursday and told to return Aug. 16 to Ramapo Town Court.

Betzalel Dym, 21, was arrested yesterday and charged with violating the law by living within 1,000 feet of a child care facility. He was told to return Aug. 27 to Town Court.

The charges are a class B misdemeanor. A conviction on a first offense brings a fine of up to $500 and up to three months in jail.

Oberlander pleaded guilty in 2002 to second-degree sexual abuse, second-degree unlawful imprisonment and endangering the welfare of a child, all misdemeanors.

He admitted in County Court to having sexual contact with an 11-year-old girl. The sexual abuse took place in Spring Valley and Ramapo.

Dym was convicted in August 2006 of first-degree sexual abuse, a felony, for having sex with a 10-year-old Monsey boy. Ramapo police arrested Dym for having sex with the child five times between January and May of that year.

Ramapo police said they had no reason to believe that either man was currently involved in illegal activity at their residences, Weidel said.


More information
- The state registry: www.criminaljustice.state.ny. us/nsor

- The state Division of Criminal Justice Services maintains an information line about the sex offender registry at 800-262-3257.

- Clarkstown Police Department's sex offender registry:www.town.clarkstown.ny.us/html/sex_offender_registry.asp


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Sex offender challenges constitutionality of Rockland residency law
Vos Iz Neias - October 28, 2008



A sex offender is making a second stab at challenging the constitutionality of a Rockland law that limits where he and other classified abusers can live in the county.
Yoel Oberlander, 28, of Monsey argues in court papers that the county law preempts state law and therefore should be voided.
The Rockland County Attorney’s Office is defending the 2007 law as valid, since no New York state court has ruled on the issues being raised by Oberlander.
The county law prohibits high-risk sex offenders from living, working or loitering within 1,000 feet of schools, libraries, public pools, day care facilities or other facilities that cater to children. The law empowers police to investigate people found in those areas who are considered suspicious. People in violation of the law face a misdemeanor charge.
Oberlander’s legal papers, filed yesterday, will be dissected by state Supreme Court Justice William Kelly, who sits in the Rockland Courthouse in New City.
Kelly upheld the county law in July after an initial challenge by Oberlander and Betzalel Dym, 22, of Monsey on religious grounds.
Oberlander’s court papers cite a New Jersey court ruling voiding local living zones for sex offenders as conflicting with that state’s law.
Oberlander also argues the Rockland law is not consistent since it allows sex offenders to live within the 1,000-foot zones, if they had been there before passage of the law.
The Rockland law, he argues, also defies the state law’s desire to integrate sex offenders within the community, rather than creating enclaves within the county.
The Legislature adopted the law and County Executive C. Scott Vanderhoef signed it, though there were misgivings concerning the effectiveness of the law.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
THE PEOPLE OF THE STATE OF NEW YORK
-against- 
 IND. # 
02-354 
YOEL OBERLANDER,
 Defendant.

Following a Violation of Probation hearing in this matter, the defendant moved for an Order dismissing the violation. The defendant claimed Local Law No. 1 of 2007 was preempted by New York State Law. 

The Violation of Probation alleges that the defendant violated the conditions of probation in that he “moved to a residence within 1,000 feet of a ‘Rockland County pedophile-free child safety zone’ in violation of Local Law No. 1 of 2007.” 

Local Law No. 1 of 2007 provides that a sex offender shall not reside, work or loiter within a child safety zone. “The term child safety zone shall mean one thousand feet of the real property comprising a public or private, elementary, middle or high school, child care facility, park playground, public or private youth center or public swimming pool.” Id.

The Court previously considered a pre-hearing motion to dismiss based upon the Constitutionality of the local law. In a decision and Order dated June 18, 2008, this Court held that Local Law No. 1 of 2007 was not Unconstitutional on its face or as applied to the defendant. 

The defendant’s Constitutional challenge was based upon the Free Exercise Clause of the First Amendment. The defendant claimed that because he is an -- observant orthodox Jew, he must live within walking distance of a Schul or temple.  As a result he claims that the statute placed a burden on the practice of his religion.  However, this Court held that the statute was facially neutral and did not unduly burden the defendant’s practice of his religion. In that prior motion, the Court was not presented with the claim that Local Law No.1 of 2007 was preempted by State legislation. 

Sex offender residency restrictions are multiplying throughout New York State, as local legislatures scramble to outmaneuver each other with highly restrictive ordinances designed to banish registered offenders from their communities.

“Not in my backyard” residency restrictions are spreading unchecked through county, town and village ordinance books from Suffolk County to Niagara Falls. More than 80 such laws have recently been enacted in New York. Police and prosecutors are now enforcing them, ordering offenders to move from restricted zones and filing criminal charges for non compliance. Even without vigorous enforcement, the ordinances interfere with parole and probation officers’ efforts to find suitable housing for offenders. Alfred O’Connor, State Preemption of Local Sex-Offender Residency Laws N.Y.L.J. November 24, 2008 (hereinafter O’Connor).

The New York State Constitution allows municipalities broad police power relating to the welfare of its citizens. People v. Speakerkits, Inc., 83 N.Y.2d 814 (1994); N.Y.S. Club Assoc. v. City of N.Y., 69 N.Y.2d 211 (1987). However, that local police power may not be exercised in an area in which it is preempted by State law. Id. See also Levy v. City Commission on Human Rights, 85 N.Y.2d 740 (1995); Village of Nyack v. Daytop Village, Inc., 78 N.Y.2d 500 (1991); -- People v. Cook, 34 N.Y.2d 100 (1974). Preemption appliesboth in cases of express conflict between local and State law and in cases where the State has evidenced its intent to occupy the field.” Matter of Cohen v. Bd. of App. Village of Saddle Rock, 100 N.Y.2d 395 (2003)(quoting Albany Area Builder’s Assoc. v. Town of Guilderland, 74 N.Y.2d 372 (1989)). 

“Under [the preemption] doctrine, even in the absence of an express conflict, a local law which regulates subject matter in a field which has been preempted by State legislation is deemed inconsistent with the ‘State's transcendent interest.’” Ba Mar, Inc. v. County of Rockland, 164 A.D.2d 605 (2nd Dep’t 1991)(quoting Albany Area Builder’s Assoc. v. Town of Guilderland, 74 N.Y.2d 372 (1989)). 

“On the other hand, the mere fact that both the State and local governments seek to regulate the same subject matter does not, in and of itself, render the local legislation invalid on preemption grounds. 

In order for the preemption doctrine to prohibit local legislation in a particular area there must be an intent on the part of the State to occupy the entire field.” Id. “The legislative intent to preempt need not be express. It is enough that the Legislature has impliedly evinced its desire to do so and that desire may be inferred from a declaration of State policy by the Legislature or from the legislative enactment of a comprehensive and detailed regulatory scheme in a particular area.” N.Y.S. Club Assoc. v. City of N.Y., 69 N.Y.2d 211, 217 (1987). Additionally, “that intent may be implied from the nature of the subject matter being regulated and the purpose and scope of the State legislative scheme, including the need for Statewide uniformity in a given area.” Albany Area Builder’s Assoc. v. Town of Guilderland, 74 N.Y.2d 372, 400 (1989).

In nearly factually identical circumstances, a New Jersey Appellate Court struck down local legislation imposing housing restrictions of sex offenders --holding that State law preempted local legislation (preempting more than 100 local sex offender ordinances). G.H. v. Township of Galloway, 401 N.J. Super. 392 (App. Div. 2008). In doing so, that Court held that New Jersey’s version of Megan’s Law constituted a comprehensive legislative scheme enacted to protect citizens from sex offenders. Id.

New Jersey has no statewide sex offender residency law. But the court held the Legislature had manifested an intention to “occupy the field” of community regulation of sex offenders so as to preclude local ones. The court based its conclusion on Megan’s Law and its multilayered enforcement and monitoring mechanisms,” the court wrote, “constitute a comprehensive system chosen by the Legislature to protect society from the risk of re-offense by CSO’s (convicted sex offenders) and to provide for their rehabilitation and reintegration into the community.” Registration and community notification rules reflect legislative “expectation (s) that CSO’s would be living among the general population” where they are more likely to find suitable housing, “with support systems provided by family members and others, reasonable proximity to employment, public transportation networks and treatment programs.” Local ordinances, the court found, “inadvertently increase the chance of re-offense” by either banishing offenders from entire communities or confining them to areas without adequate housing or transportation. 

Using an analysis similar to that used by the New York Court of Appeals, the New Jersey Court set forth five factors useful in analyzing preemption claims: 
1. Does the ordinance conflict with state law, either because of conflicting policies or operational effect (that is, does the ordinance forbid what the Legislature has permitted or does the ordinance permit what the Legislature has forbidden)? 2. Was the state law intended, expressly or impliedly, to be exclusive in -- the field?
3. Does the subject matter reflect a need for uniformity?....
4. Is the state scheme so pervasive or comprehensive that it precludes coexistence of municipal regulation?
5. Does the ordinance stand as an obstacle to the accomplishment and execution of the full purposes and objectives of the Legislature?Id. See also N.Y.S. Club Assoc. v. City of N.Y., 69 N.Y.2d 211, 217 (1987); Albany Area Builder’s Assoc. v. Town of Guilderland, 74 N.Y.2d 372, 400 (1989).

The New Jersey court’s analysis is relevant in New York because our states have similar laws governing community supervision of sex offenders. New York’s Megan’s Law also establishes an individualized, three tiered registration and classification scheme based on the perceived risk of re-offense. New York like 

New Jersey authorizes targeted community notification concerning most sex offenders.

Parole officers in New York, like their counterparts in New Jersey, exercise broad veto authority over the proposed residences of sex offenders. Extended parole supervision is the rule in both states. 

New York has a statewide sex offender residency restriction. In 2005, the Legislature barred all under supervision sex offenders whose victims were minors, and all level 3 offenders, from knowingly “entering” (and, for practical purposes, residing) within 1,000 feet of the “real property boundary line of a public or private elementary [school], parochial, intermediate, junior high, vocational or high school.” The restriction is enforceable as a condition of parole or probation. This statewide restriction is not widely known. Local legislatures continue to approve residency ordinances while apparently unaware of it. In fact, New York has one of the strictest sex offender residency law in the nation. 

Yet, by excluding certain low risk offenders, and including geographic and -- durational limits, it strikes some balance between the perceived need for buffer zones, and the long-term goal of reintegrating offenders into the community. Local residency laws don’t. They permanently exclude offenders from communities, setting off a chain-reaction of fear-driven and increasingly restrictive laws.

Megan’s Law and the state residency restriction are powerful indications of the New York Legislature’s intention to “occupy the field” of community management of sex offenders. See O’Connor, supra.

Clearly New York has promulgated a detailed legislative scheme regarding the registration of sex offenders. Correction Law §168 et. sec. New York’s Sex Offender Registration Act [hereinafter “SORA”] was enacted to combat “the danger of recidivism posed by sex offenders, especially those sexually violent offenders who commit predatory acts characterized by repetitive and compulsive behavior, and that the protection of the public from these offenders is of paramount concern or interest to government.” The legislature stated that the -- system of registering sex offenders is a proper exercise of the state's police power regulating present and ongoing conduct.”[emphasis added]. Section 1 of the Laws of 2008 further states that “the legislature has enacted a series of laws to monitor sex offenders and protect the public from victimization, specifically, a system to: register sex offenders; provide law enforcement agencies, entities with vulnerable populations, and the general public access to information contained in the state's sex offender registry; prohibit high risk sex offenders from entering upon 
school grounds; and civilly confine dangerous sex offenders who would likely reoffend if released. Such laws have enhanced the state's ability to protect the public and prevent further victimization, sexual abuse and exploitation.” In addition to SORA, at the time of the alleged offense, Penal Law §65.10(4-a) and the Executive Law §259-c(14) were in effect. Those sections limited the proximity of sex offenders to school grounds and day care centers. Clearly, the State has a “comprehensive and detailed regulatory scheme” in the area. The State’s intent to preempt the field can clearly be inferred. 

The State has also expressly stated its intention of preempting the area by enacting further changes to the Executive Law and the Social Services Law Chapter 568 of the Laws of 2008. Under the newly enacted §243 of the Executive Law, local probation departments will be expressly charged with the approval of sex offenders’ housing for offenders, like the defendant, who are on probation. Under the amended section, the local probation departments must evaluate the housing of offenders using five statutory requirements rather than the bright line linear designations of Local Law No. 1 of 2007. The “Approval Memorandum” accompanying the new legislation states that “the placement of [sex] offenders in -- the community has been and will continue to be a matter that is properly addressed by the State. [emphasis added]. 

In any event, Local Law No. 1 of 2007 impermissibly conflicts with the State enactments in the area in that it prohibits all housing described in the statute without regard to the approval of the probation department. Further, the local ordinance prohibits the offenders presence within 1000 feet of a child safety zone whereas the state law merely prohibits entry onto such premises. 

Additionally, the mandatory criteria to be applied under the new statutory scheme contains no such arbitrary bright line rule concerning the location of an offender’s home. Rather, the new regulations requires consideration of the “proximity of entities with vulnerable populations” as but one of the criteria. 

As the State has expressed its intention to preempt the area, and, the ordinance conflicts with State law, Local Law No. 1 of 2007 is invalid. A Violation of Probation based upon such law cannot be maintained. 

The result would be the same even if the Court was to reach the merits of the alleged violation. 

The People bear the burden of establishing a violation of probation by a preponderance of evidence. C.P.L. §410.70(3). In considering the evidence presented, it is clear that the People met this burden. It was established that the defendant resided in pedophile-free child safety zone in violation of Local Law No. 1 of 2007. 

However, a defendant must be afforded an opportunity to demonstrate a “justifiable excuse” for a technical violation. Black v. Romano, 471 U.S.606, 612 (1985). See also People v. Costanza, 281 A.D.2d 120 (3rd Dep’t 2001); People v. Brandon F., 299 A.D.2d 962 (4th Dep’t 2002). In this case, the defendant easily -- met this burden as he established that compliance with the housing requirement was nearly impossible. 

At the time the violation was filed, the defendant’s residence, other than its location within a buffer zone, was considered to be appropriate by the Department of Probation for a sex offender. As such, when he was informed that the residence violated Local Law No. 1, the defendant was instructed to remain in that residence until new housing could be located. 

There was no central map or list of addresses available to probationers or probation officers to determine where to look for appropriate housing. The Department of Probation could not suggest addresses or even particular areas to the defendant. Instead, the probationer was instructed to submit an address to his probation officer. The probation officer would then forward the address to the Rockland County Planning Department. The planning department would then determine if the address fell within a safety zone. 

According to his probation officer, the defendant submitted fifteen addresses for approval. Each time, the probation officer rejected the address as it fell within a safety zone. The probation officer conceded that no appropriate addresses existed in the Village of Monsey and that it was likely that none existed in the Town of Ramapo.

It is clear that the defendant tried to comply with the law. The defendant, on approximately fifteen occasions was able to find available housing. Each time, the defendant’s proposed residence was rejected, not based upon the Probation Department’s assessment of suitability, but, solely because it violated Local Law No.1. There was no resource available that would allow the defendant to determine the suitability of housing prospectively. The cumbersome procedure only exacerbates the central problem facing the defendant, namely, the lack of --housing in suitable locations. 

Accordingly, the defendant’s motion is granted and the Violation of Probation is dismissed.

This Decision shall constitute the Order of the Court.

E N T E R

Dated: New City, New York

January 22, 2009

WILLIAM A. KELLY
 J.S.C.

TO: THOMAS P. ZUGIBE, ESQ.

District Attorney of Rockland County 

PATRICIA ZUGIBE, ESQ.

Rockland County Attorney

DAVID GOLDSTEIN, ESQ.


Attorney for Defendant

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Two Monsey sex offenders live at new addresses
By Jane Lerner
Journal News - May 12, 2011


RAMAPO — Two convicted sex offenders recently have moved to new addresses within the town and police have updated their public records in an effort to warn neighbors.



Both men now live at new addresses in Monsey.


Shimon Rosen

Shimon Rosen, 42, moved to 68 Laura Drive. He had previously lived elsewhere in Monsey.

Yoel Oberlander, 30, moved to 30 West Maple Ave., upstairs, according to the state Division of Criminal Justice Services, which maintains a website list of sex offenders.

Both men notified Ramapo police of the moves within the past month, according to Lt. Mark Emma.

"They are required to tell us when they move and they complied with the requirement," he said.

Rockland school districts are informing parents of the move.

Clarkstown sent an email to parents Wednesday and East Ramapo was planning to do the same Thursday. Ramapo Central was considering doing the same.

Rosen is considered a level-three offender, which means he is at the highest risk of repeating his crime. He was arrested July 27, 1991, by Ramapo police. He was convicted Sept. 3, 1991, of second-degree sodomy of a 12-year-old and a 7-year-old boy, both strangers to him.

He was sentenced to five years probation.

Yoel Oberlander
Oberlander had sexual contact with an 11-year-old girl.

He pleaded guilty in 2002 to second-degree sexual abuse, second-degree unlawful imprisonment and endangering the welfare of a child, all misdemeanors.

His sentence was six years probation and he was classified as a Level 2 offender, considered a moderate risk to re-offend.

Oberlander was charged in 2009 with a misdemeanor because he was living near a school and a park in violation of a 2007 county law.

The law was thrown out by the state Supreme Court and the case was dropped.

Neither man had been charged since their original convictions, police said.

Classification levels
• Level 3 is considered at high risk of repeating an offense. Police can provide schools and other establishments dealing with children or other vulnerable populations with an offender's photograph, address and background information. Level 3 offenders remain on the state registry for life. 
• Level 2 offenders are considered at moderate risk of repeating an offense. Police can provide the same information they provide with Level 3 offenders. Level 2 offenders can petition to be taken off the registry after 30 years. 
• Level 1 offenders are considered a low risk to repeat. Police can notify schools and other establishments of the offender's name and ZIP code.


Sex offender registry
  • To learn whether a high-risk sex offender lives in your area, go to the state Division of Criminal Justice Services' Sex Offender Registry at www.criminaljustice.state.ny.us.
  • The state Division of Criminal Justice Services maintains a Sex Offender Registry Information Line at 800-262-3257.

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Registered sex offender sneaks into Catskills sleep-away camp
Man identified as Yoel Oberlander somehow got into kids' sleeping area
CBS News-New York - August 16, 2012



SOUTH FALLSBURG, N.Y. (CBSNewYork) — An intruder at a Catskills sleep-away camp had parents asking hard questions on Wednesday.
CBS 2’s Lou Young traveled to Sullivan County to find out more about the man who sparked a state police investigation.
He was a stranger in their midst. Campers at Camp Shalva, a Catskills retreat for young Hasidic teens and children, said they woke last week to the alarming sight of a man roaming their sleeping area.
“There was somebody who did not belong in the bunkhouses and they were awakened by the presence of that individual,” camp spokesman David Schars said.
Security cameras caught the images of the intruder inside one of the boys’ dormitories. Young has learned the footage shows the man in a hallway and that he steps out of sight several times for short durations of time.
Examination of the image indicates the man is a registered sex offender who works as a deliveryman for a kosher food service, police said.
His name, Young has learned, is Yoel Oberlander of Monsey and camp directors said he had no reason to be near the dormitory or any of the children staying at the sleep-away camp. The school said it is checking for any evidence of inappropriate physical contact.
“It’s certainly something we can’t rule out given the fact that the perpetrator or alleged perpetrator has an alleged history and was in proximity to children. We would hope and expect that that would be fully investigated,” Schars said.
Sources told Young that Oberlander’s employers at Golden Taste Kosher Foods are discussing his future with the company, although they adamantly refused to talk with Young when he stopped by their Spring Valley offices.
“No comment. I said no comment,” an employee said.
The camp caters almost exclusively to children of Hasidic parents living in Brooklyn.
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Monsey sex offender Yoel Oberlander slips into boys' dorm, cops say
By Nik Bonopartis 

Newsday - August 17, 2012


A convicted sex offender was arrested on trespassing charges Thursday after police say he entered a boys' dormitory in a Sullivan County sleepaway camp, sparking fear and outrage in New York's close-knit Orthodox Jewish community.
Yoel Oberlander, 32, of Monsey, turned himself in to State Police on Thursday, eight days after he allegedly slipped into a bunkhouse at Camp Shalva in South Fallsburg, where 13- and 14-year-old boys were sleeping, cops said.
Oberlander, an employee of kosher food company Golden Taste in Monsey, was delivering milk to the camp in the early morning hours of Aug. 8, and surveillance video shows him walking around by himself in the Orthodox all-boys camp. He was charged with second-degree trespassing, a misdemeanor, and posted $5,500 bail at Sullivan County Jail.
Those at the camp were also given an order of protection that prohibits Oberlander from returning there or contacting any residents of the property.
A State Police investigator said there are no additional charges pending.
Despite that, some members of the community say they're outraged. The fear and reaction among community members stems from Oberlander's criminal history.
He was convicted in 2002 of second-degree sexual abuse after forcing himself on an 11-year-old girl, state records show. Oberlander, who did not know the victim before the attack, was sentenced to six months of probation but avoided jail time.
In 2005, thousands of families in Ramapo received a warning and a photo of Oberlander when the convicted sex offender moved to Monsey.
"Why does a food supply company send a registered sex offender on a route that includes summer camps?" asked Ben Hirsch, president of advocacy group Survivors for Justice.
Hirsch said he has spoken to parents of children in the camp and served as a liaison between the Orthodox community and State Police investigators.
Parents and camp leaders told Hirsch that the children said in Yiddish that Oberlander tickled their feet, but "these kids do not have language for any sexual activity," Hirsch said.
Survivors For Justice, after hearing about the alleged incident a day after it occurred, reported it to police, who then followed up with adults at Camp Shalva, Hirsch said.
Attempts to reach Oberlander and managers at Golden Taste Friday morning were unsuccessful.


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Truck driver accused of molesting campers charged with trespassing
By Marcy Oster
JTA - August 19, 2012

A truck driver who was accused of molesting several campers at a summer camp for Chasidic boys was charged with trespassing.

An investigation determined that there was “no allegation of sexual abuse” against Yoel Oberlander, 31, a convicted molester and registered sex offender, according to the New York Post. 

Oberlander, of Monsey, N.Y., was arrested Aug. 16 and charged with criminal trespass in Fallsburg Town Court. Eventually he was released on $5,500 bail; no trial date was set. Oberlander was prohibited from returning to Camp Shalva, near South Fallsburg, N.Y.

Oberlander was caught on camera entering bunks for seventh-and eighth-graders at the camp early on Aug. 8 while he was there delivering kosher milk.

In 2002, he pleaded guilty to molesting an 11-year-old girl and was sentenced to six years of probation.


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Sex offender busted after sneaking in where orthodox Jewish kids were sleeping at camp
By Susan Edelman
New York Post - August 17, 2012


A registered sex offender delivering milk to an Orthodox Jewish summer camp for Brooklyn boys was arrested yesterday — a week after he was caught by cameras sneaking into buildings where kids were sleeping, state police said.
Yoel Oberlander, 31, of Monsey, was charged with trespassing Aug. 8 at Camp Shalva in South Fallsburg between 4 a.m. and 5 a.m.
“He knowingly entered and unlawfully remained in the bunk, the sleeping quarters of the boys,” said State Police Capt. Joseph Tripodo.
Tripodo said an investigation found “no allegation of sexual abuse.”
Oberlander, a truck driver employed by the Golden Taste kosher-food company, was convicted of sexually abusing an 11-year-old girl in Rockland County in 2002.
In 2008, he unsuccessfully challenged a Rockland County law that limited where sex offenders could live.
He was being held yesterday in the Sullivan County jail on $5,500 bail.
E. David Scharf, a spokesman for the camp, said Oberlander was seen on security video in the halls “going in and out of the sleeping quarters. with not enough time to commit an act of molestation.”
Survivors for Justice, an advocacy group. first alerted police early Thursday after receiving reports that boys were touched by an intruder, and told not to call their parents.
Camp directors waited about 35 hours before calling a criminal lawyer, who advised them to alert authorities.
“An immediate report would have protected kids in other camps where this driver was making deliveries that day and the next,” complained SFJ spokesman Ben Hirsch. “We hope the children were not pressured into changing their stories.”
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Sex offender busted after sneaking in where orthodox Jewish kids were sleeping at camp
By Susan Edelman
New York Post - August 17, 2012

A registered sex offender delivering milk to an Orthodox Jewish summer camp for Brooklyn boys was arrested yesterday — a week after he was caught by cameras sneaking into buildings where kids were sleeping, state police said.

Yoel Oberlander, 31, of Monsey, was charged with trespassing Aug. 8 at Camp Shalva in South Fallsburg between 4 a.m. and 5 a.m.

“He knowingly entered and unlawfully remained in the bunk, the sleeping quarters of the boys,” said State Police Capt. Joseph Tripodo.

Tripodo said an investigation found “no allegation of sexual abuse.”

Oberlander, a truck driver employed by the Golden Taste kosher-food company, was convicted of sexually abusing an 11-year-old girl in Rockland County in 2002.

In 2008, he unsuccessfully challenged a Rockland County law that limited where sex offenders could live.

He was being held yesterday in the Sullivan County jail on $5,500 bail.

E. David Scharf, a spokesman for the camp, said Oberlander was seen on security video in the halls “going in and out of the sleeping quarters. with not enough time to commit an act of molestation.”

Survivors for Justice, an advocacy group. first alerted police early Thursday after receiving reports that boys were touched by an intruder, and told not to call their parents.

Camp directors waited about 35 hours before calling a criminal lawyer, who advised them to alert authorities.


“An immediate report would have protected kids in other camps where this driver was making deliveries that day and the next,” complained SFJ spokesman Ben Hirsch. “We hope the children were not pressured into changing their stories.”
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New York State Sex Offender Registry
January 30, 2014




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