Friday, March 29, 2013

FBI arrests Gershon Barkany for $50 million Ponzi scheme

FBI  Earlier today, FBI agents arrested Gershon Barkany based on a criminal complaint alleging that the Far Rockaway man defrauded investors by promising to use their money in “risk-free” deals to purchase and then immediately re-sell at a profit large real estate properties located in New York City and New Jersey. In fact, the complaint alleges that no such deals existed and the defendant defrauded victims of more than $50 million.

The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Field Office. The defendant’s initial appearance is scheduled for this afternoon before United States Magistrate Judge A. Kathleen Tomlinson at the United States Courthouse in Central Islip, New York.

According to the criminal complaint that was unsealed this morning, Barkany induced at least five investors to wire transfer large sums of money supposedly to purchase real estate in Manhattan, Queens, the Bronx, and Atlantic City, New Jersey. According to one of the investor victims, Barkany claimed that the sellers of these properties would only close on the real estate sales contracts after Barkany had located a purchaser who would be willing to buy the property from Barkany at a higher price. In that way, Barkany assured the victim that the real estate deals would be “risk free.” [...]

Shavei Israel appoints emissary to discover 'hidden Jews' in Italy

Arutz 7   Rabbi Pinchas Punturello, 36, has been appointed to serve as the new emissary for the Shavei Israel organization in southern Italy and Sicily. In his new position, Rabbi Punturello will serve as the area’s chief rabbi, and will work to strengthen the local Jewish community in regions such as Puglia, Campania, Sicily, and Calabria, while also reaching out to the Bnei Anousim (whom historians refer to by the derogatory term Marranos) throughout the area, many of whom are looking to reconnect with the Jewish people.

Shavei Israel, which reaches out to communities of “hidden Jews” and helps them to reconnect with the Jewish People and State of Israel, is undertaking this project in conjunction with the Union of Italian Jewish Communities, the official umbrella organization of Italian Jewry. It marks the first time that a rabbi has been appointed to work specifically with the Bnei Anousim of southern Italy and Sicily.

“We are pleased that Rabbi Pinchas Punturello has joined the ranks of Shavei Israel. This is a direct result of the expansion of our activity throughout southern Italy in light of the growing desire of Bnei Anousim to reconnect with Jewish life,” said Shavei Israel Chairman Michael Freund. “In recent years, a growing number of Bnei Anousim in southern Italy have begun rediscovering their Jewish roots and expressing a desire to draw closer to Israel and the Jewish people. It is incumbent upon us to reach out to them and help them to do so,” he said.

Thursday, March 28, 2013

Chol haMoed: Rav Meir Triebitz will discuss Empathy & Yiddishkeit

 Reminder - We are meeting tonight


update: Date is Thursday March 28 at 9 p.m. in Har Nof. At home of Dr. Baruch Shulem.  Those who will wish to attend send me an email and I'll send you the address and material that we will be discussing.  

Also read the previous posting here

http://daattorah.blogspot.co.il/2013/03/has-psychology-created-oversensitivity.html
=======================================
I was discussing the issue of my post on Empathy and Yiddishkeit today with Rav Meir Triebitz and he agreed with me. When I mentioned that this issue has been a major point of contention on my blog, he said he would like to lead a group discussion on this topic during Chol haMoed Pesach.

If  you will be in Jerusalem and would like to participate - please send me an email regarding day and time you would be available. The location has not been finalized except that it will be in Jerusalem perhaps in Har Nof. Group will be limited to about 10 participants.

contact me at yadmoshe@gmail.com

Sunday, March 24, 2013

Rav Moshe Sternbuch: Concerning the dreadful draft decree

Rav Moshe Sternbuch recently wrote the following letter criticizing the Israeli government's decrees against Chareidi Jews.  I have verified that it is genuine and it was posted on  the blog   בעולמם של  חרדים
 Update March 25: I posted Rav Sternbuch's letter after receiving the following criticism. Donniel, the person who criticized me just requested that I add our exchange to the post


Rav Eidensohn,
I find it hard to believe that you have not published on your blog your Rav's recent comments on the coalition agreement. I believe the comments expose Rav Sternboch as being highly unreasonable and even intellectually dishonest by claiming that the agreement punishes chareidim when it explicitly does not. there are no criminal consequences for evading the draft -  only  a withdrawal of unearned state subsidies for housing and child care.

Further , he  calls people who are supporting the agreement "total goyim" which is not only completely halachically inaccurate and s perversion of halacha but such verbiage is mean spirited and creates its own chillul hashem
[DT this is a gross mistranslation. Rav Sternbuch never said such a thing. The goyim he was referring to are converts who don't accept the obligation of mitzvos. Before opening ones mouth to strongly criticize someone - especially of the stature of Rav Sternbuch -  it is important to get the facts straight]. I would have thought that you had enough integrity to let your readers make their own decision. I suspect that you believe many readers would agree with me which is why you've omitted any post about Rav Sternbochs comments. I think you should let readers decide for themselves. I also think your ravs hashkafas are not befitting of your own hashkafas and it may be time to consider finding a new Rav.  I would really appreciate a response. most importantly,i think you should publish his comments and let your readers decide for themselves.

appreciate a themselves.
thank you for sharing your thoughts and concerns.

To which I replied:
I have not seen Rav Sternbuch's views on the matter nor have I discussed the issue with him. If you have the comments in the original language I would be interested in seeing them.

You seem to assume a lot about Rav Sternbuch and myself which perhaps would be better worded as questions about what you heard second hand or conjecture.

Rav Sternbuch is not  my Rav  in the sense of him being my only and final authority on all matters. He is someone who I greatly respect and have consulted with him on many matters. I usually agree with his views - but not always. Something which isn't surprising or unusual. There are other rabbinical authorities I consult with.

Most of what Rav Sternbuch says or writes is not included on this blog. I am not Rav Sternbuch's spokesman. It is true concerning the Tropper affair he gave me specific guidance which I followed. He also strongly encouraged me regarding writing about child abuse. There was also a time where I was sent articles of his which had been published in the Yated to be republished - but that stopped several years ago.

It is important to be careful with hasty judgments - and I appreciate that you took the time to clarify the matter.
Donniel replied:
 I greatly appreciate your thoughtful response. My apologies for assumptions that I made that proved to be inaccurate. Thank you for posting our exchange. I would like to add that your response was honorable, articulate,&well thought out. I agree with you that I made assumptions that proved not to be accurate. I apologize for doing so and request Mechila. Thank you for your transparency and integrity in how you conduct the dialogue with myself and others. If you want to post the above, I think it befitting your honor to do so, but obviously that is your judgment call.
   ==================================================
 Translation by RaP    Rav Moshe Sternbuch: Concerning the dreadful draft decree” (March 24, 2013)


Da’as Torah from the Ra’avad of the “Eidah HaChareidis” – Jerusalem


The Gaon, Rebbi Moshe Shternbuch, SHLIT``A


BS”D                                                                                                                                      7 Nisan 5773  [March 18, `13]

Concerning the terrible decree to conscript yeshiva students [bnai hayeshivos], it calls for Da’as Torah about the severity of the matter.


And the matter is clear that their goal is not just to decrease the number of Torah scholars, G-d forbid [chas vesholom], but to uproot and change [the Jewish] faith and its adherents in Eretz Yisroel. And since they have announced that they intend to mix into our educational systems, into Jewish religious courts [batei din], and to insert into the Jewish nation converts who do not accept upon themselves the yoke of Torah and of its commandments [mitzvos] who by virtue of Torah law are pure gentiles [goyim gemurim] , and to increase Sabbath desecration in the cities of Israel, and other decrees, all mainly to damage the world of Torah [olam haTorah] to bring about a decrease in those who study Torah and observe it.

According to the Halachah it is forbidden to conscript the Bnai Torah because they are the “army [tz’va] of Hashem” and in all the generations were always a large community [tzibbur]  among the Jewish nation, for they are the “Tribe of Levi” and likewise all those that have accepted upon themselves the yoke of Torah were not conscripted and they thereby provided [Divine] protection for the Jewish nation as a shield with their Torah, as explained by the RAMBAM [Maimonides] at the end of the laws of Shmittah and Yovel [in the Mishneh Torah]. Those who dare to decrease the Torah scholars place into danger the entire settlement [of Jews] in Eretz Yisroel.

And in the army here [i.e. the Israeli army], they defile with what the Torah regards as [forbidden] mingling [between men and women], and with [forbidden] lusts, and those who are in it regularly hear heretical talk and use of foul language, and those in charge over there constantly try to cause religious soldiers in it to transgress the Jewish faith, as is known. And from experience it is proven that many [religious soldiers] have rejected the entire yoke [of Torah and Mitzvah observance], so that their goal is obvious: To ruin the Chareidim from their observances of their religion and faith [midasam ve’emunasam].


Eretz Yisroel is the Holy Land and many have come here to live a life of holiness and purity in the “Palace of the King” [paltron shel melech], to raise sons and daughters in the paths of Torah and fear [of God], and davka [precisely] here the authorities want to interfere in the pure Torah educational systems and [with those who wish] to live a Torah lifestyle, while in all the countries of the world it is accepted that theological students are free from conscription, yet here they want to force upon the Chareidim weaknesses to educate their sons and daughters against their pure will.



We view the decree of conscription as one more [link] in the twisted chain of their attempts to change the Chareidim and to thereby cause them to reject their Jewish faith [leh’avirim al das], but it is impossible to force us to do this even by means of punishments and increased penalties, and even if they try to [and do] hurt us and our children, they will never succeed in making us transgress from the faith of the Holy Torah.

And it is fitting to publicize that the [government] authorities in Eretz Yisroel who have guaranteed freedom of religion [to all] are instead actively forcing us to transgress our Jewish faith, and that the only place in the world that [Chareidi] Jews are hated and persecuted on account of their religion is in Eretz Yisroel. And we hope that they will be ashamed in front of all the nations of the world, and that they will leave us alone. And we will thereby save all the inhabitants of Eretz Yisroel from the dangers of God’s fury [charon af Hashem].

Let us strengthen each other and be strengthened. And our Father Who Is In Heaven [Avinu shebashamayim] when He sees our protests on behalf of the Honor of His Name, and as we strengthen ourselves in Torah learning and prayer, will hasten our Redemption, and we will shortly be able to greet our righteous Moshiach.

MOSHE  SHTERNBUCH




Bitul Chometz – A Brief History by Rabbi Yair Hoffman

Five Towns Jewish Times  According to Torah law, we can dispose of our Chometz before Pesach either by Biur—destruction or by Bitul—negation. By Rabbinic law, we must do both. We are all familiar with the text, we recite it in the evening after the search for Chometz, and again in the morning while we burn it.

What is perhaps shocking is that no where in the Babylonian Talmud is this formulation found. There is certainly an obligation to annul the Chometz, but it seems from the Gemorah (See Psachim 6b) that this is a thinking process that did not necessarily have to be verbalized. The Ramban actually rules that one does not require a verbal declaration (See Ramban, Psachim 7a, 31b[1]). The Jerusalem Talmud (Psachim 2:2), however, states just the opposite. There, Rav is quoted as ruling that one must recite the formula “All Chometz that is in my house that I am not aware of shall be annulled.”

The Rosh and the Rif, however, explain our Gemorah as stating that the annulment does require an actual verbal formulation. They differ slightly as to the verbal formula. There are actually four changes: [...]

Another question that exists in regard to the annulment is whether the Bitul can be annulled through a Shliach, through a messenger[3]. The Baal HaIttur holds that since a messenger is like the person throughout the entire Torah, a messenger can annul the Chometz of someone who sent him. The Rashba, the Ritva and the Nimukei Yoseph disagree and write that the actual owner of the Chometz must be the one who annuls it. The TaZ rules in accordance with the lenient opinion and states that someone who does utlize a messenger to annul, in all probability, has a reason for it. He is concerned that he may become busy or simply forget to annul it. His father-in-law, the Bach, however, was stringent. [...]

Saturday, March 23, 2013

Breslover leader R' Eliezer Berland: Allegations of sexual assault

Haaretz  Nonetheless, the testimony against Berland that is now coming to light has the Haredi world, and in particular the Shuvu Banim community, in an uproar. No less shocking than the criminal aspect of the matter is the fact that sexual asceticism is one of the main spiritual foundations that Berland preaches - and in this case he was apparently caught red-handed. 

This scandal comes on the heels of a stormy series of events that has been ongoing since late 2010; indeed, it turns out that allegations of sexual assault by him were already being made back then. Berland previously staged a sort of "coup" against his wife, son and members of his court, when he allowed publication of his claim that they were confining him against his will, seeking to have him committed, and denying him contact with his disciples. 

The rabbi, as part of his revolt, managed to elude, with the aid of a handful of loyalists, the security guards keeping watch over his house, and announced that he had escaped from captivity. Meanwhile, video clips came to light in which his son and grandson are documented in conversations acknowledging that they were exploiting him. A while later, the rabbi reconciled with his family, but the community was left traumatized and divided. Many left, the rabbi fell into debt, and about a year ago several of his senior disciples, including businessman Eran Hochberg (a former youth chess champion ) and Binyamin Ze'evi (son of the late politician and government minister Rehavam Ze'evi ), also jumped ship. 

The speculation within the community is that the allegations of sexual harassment reached his wife, Tehila Berland, and son Nachman even before they became public knowledge. For that reason, sources say, the pair sought to keep him out of the public eye, as Eliezer Berland himself has charged.

Friday, March 22, 2013

At what age is a child obligated in mitzvos or Can you sell your Chametz to a child?

Five Towns JewishTimes  by Rabbi Yair Hoffman

The Sefer HaChinuch explains that these seven laws are, in fact, categories of laws. These categories are the injunctions against murder, stealing, worshiping false gods, engaging in forbidden liaisons, eating the flesh of a live animal, and cursing Hashem, as well as the responsibility of setting up a system of justice whereby these laws are enforced.

Why then don’t they have bar mitzvah and bas mitzvah ceremonies?

Not a bad question, in fact. Jewish boys and girls have bar and bas mitzvahs when they reach the age at which they are obligated in observing the 613 mitzvos. What about their non-Jewish contemporaries, Chris and Kathy, for example? Perhaps the most pressing question is, when exactly is a gentile obligated in his or her mitzvos? And, more to our point, can the rabbi theoretically sell the community chametz to a mature eleven-year-old gentile?

It seems that there are three opinions among the Acharonim as to when our theoretical gentile would celebrate this milestone. The Chelkas Yoav (Vol. 1, s.v. “Aval”) indicates that the designated age would be the same as the age at which a Jewish child becomes a bar mitzvah. Thus, according to the Chelkas Yoav, “Chris” would celebrate his bar mitzvah at thirteen, while “Kathy” would celebrate hers at twelve. [...]

This brings us, however, to another question. Where did the age of thirteen come from in the first place? Also, is this figure a d’Oraisah (Biblical) ruling or is it a rabbinic ruling? If it is rabbinic in nature, then would it also apply to gentiles? (Gentiles, we recall, generally do not have to follow rabbinic laws.) [...]

Searching for the Historical Pharoah: Is it Obligatory?

5 Towns JewishTimes  By Rabbi Yair Hoffman

The Gemorah in Psachim (116b) informs us that, in each generation, we are obligated to view ourselves as if we actually left Mitzrayim. Indeed, in Michtav MeEliyahu, Rav Dessler writes that since time does not progress linearly, but rather travels in a carousel like circle, the 15th of Nissan of the year 2448 is actually the very same 15th of Nissan of our own year now.

This is one of our obligations on the night of Pesach. This being the case, that halachically we must view ourselves as actually leaving Mitzrayim, in our mind’s eye we should envision and picture the escape.

Let’s give it a try. Before us, standing at the water’s edge about to enter it, stands Nachshon Ben Aminadav. Behind us, on a chariot, Pharoah is leading his hordes of well-trained soldiers. They are rapidly catching up. Yes, it is Pharoah – the short, obnoxious leader of the Egyptians that dared to present himself as a god.

But who exactly was he? What was his name? What do we know about him? [...]

The halacha of envisioning us being there is not just theoretical. It involves physical action as well. The Rambam writes (Hilchos Chometz UhMatzah 7:6) based upon the verse in Dvarim 5, “And you shall remember that you were a slave in Mitzrayim” as follows: “In other words, as if you yourself were a slave and you left to freedom and you were redeemed.” The juxtaposition of this Rambam with the next halacha gives us remarkable insight. The Rambam writes, “Therefore when a person eats and drinks on this night he must lean in the manner of free men.” In other words, it seems that the obligation of leaning is a manifestation of this biblical obligation of imagining and visioning that it was actually us. So this Pesach let us go through the extra effort of picturing it with even more detail. A short, ugly Pharoah named Adikam Ahuz chasing us in a chariot.

Thursday, March 21, 2013

Special Education Provider Stole Millions, State Audit Says

NY Times   One of New York City’s largest providers of special education services to preschoolers with disabilities illegally diverted millions in taxpayer financing to a girls’ religious school, summer camps and a kosher supermarket owned by the group’s officers and board members, state auditors said on Monday. 

The auditors were unable to confirm that any of the hundreds of children who were supposed to get one-on-one instruction from the agency, Island Child Development Center, ever actually did, said the office of the state comptroller, Thomas P. DiNapoli. 

After subpoenaing more than 13,000 checks from the agency’s bank, auditors said they gave up counting after the first 1,549 checks they reviewed turned up $5.8 million in what they said was fraudulent spending over a six-year period when Island Child billed the state and the city more than $27 million.[...]

As of last April, Island Child was billing taxpayers for providing one-on-one teachers to nearly 200 disabled children ages 3 to 5, records show. 

Yet Island Child, in Far Rockaway, Queens, paid nearly $2 million to Bnos Bais Yaakov, a nearby school for Orthodox Jewish girls, of which the auditors said Rabbi Samuel Hiller, the assistant executive director of Island Child, is both dean and an owner. Another $877,000 went to various Jewish summer camps, two of them tied to Mr. Hiller, and more than $330,000 in nonpayroll checks went to Mr. Hiller himself, the auditors said.[...]

Auditors said Island Child also bought $344,000 in food, including $73,000 from Super Sol, a kosher supermarket whose founder, Laurence Garber, led Island Child’s board. The special education prekindergarten program prohibits purchases of food. 

Auditors cited what they said were many other improper or fraudulent expenses, including $200,000 in construction, $12,000 to two jewelers, $235,000 to credit-card companies, $44,000 to “cash,” and nearly $200,000 to five fictitious workers.

Woman - abused as child - more likely to have autistic children

Time   The results are the first to suggest a trans-generational contributor to the developmental disorder.

The study, published in the  journal JAMA Psychiatry, is the first to examine the potential legacy that a mother’s experience with childhood abuse could have on the health of her own children. The findings are especially sobering given the latest statistics released from the Centers for Disease Control, which found a significantly higher rate of autism spectrum disorders (ASD) — one in 50 compared to one in 88 from a report released in 2012 — among school-aged children than previously thought.

The authors of the JAMA Psychiatry paper studied more than 50,000 women enrolled in the Nurse’s Health Study II, who were asked about any history of abuse before they were 12. The questions delved into both physical and emotional abuse, as the women evaluated whether they had been hit hard enough to leave bruises, as well as whether adults or caregivers had insulted, screamed or yelled at them. They also filled out questionnaires about whether their own children were diagnosed with autism spectrum disorders. The scientists also had access to the nurses’ health records, so they could adjust for other maternal health factors known to influence autism risk, including nine pregnancy-related conditions such as preeclampsia, gestational diabetes, alcohol consumption and smoking.

Women who reported physical, emotional, or sexual abuse when they were young were more likely to have a child with autism compared to women who were not abused. The more severely the women were abused, the higher their chances of having a child with autism; compared to women who weren’t abused, those who endured the most serious mistreatment were 60% as likely to have an autistic child.[...]

How? The researchers believe that some of the lifestyle circumstances associated with abuse, such as poor nutrition, could be responsible for some of the association. It’s also possible that abuse causes biological changes in a woman’s immune system, including disruption of the stress response, that could lead to harmful effects on a developing fetus. Studies have shown that autistic children showed abnormal stress responses, and it’s possible that a mother’s altered stress reaction could be passed on to her child. “Maternal inflammation affects the developing brain, and maternal inflammation and immune function have been hypothesized to be causes of autism,” the researchers write.

The researchers also speculate that childhood abuse can leave women in a state of chronic stress; the constant release of stress-related hormones could also increase a developing child’s chances of developing autism, since such androgens have been associated with autistic symptoms. Finally, a mother’s childhood abuse could be an indicator of a genetic risk for mental illness, which is often associated with abuse of youngsters. Studies showed that mental illness and autism may share genetic risk factors, “therefore, the perpetration of child abuse by grandparents and experience of abuse in childhood by the mother may be indicators of genetic risk for autism in the child,” the study authors write.