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	<title>Tablet Magazine &#187; federal courts</title>
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	<description>A New Read on Jewish Life</description>
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		<title>Tribal Allegiance</title>
		<link>http://www.tabletmag.com/jewish-news-and-politics/53532/tribal-allegiance/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=tribal-allegiance</link>
		<comments>http://www.tabletmag.com/jewish-news-and-politics/53532/tribal-allegiance/#comments</comments>
		<pubDate>Thu, 16 Dec 2010 12:00:18 +0000</pubDate>
		<dc:creator>Allison Hoffman</dc:creator>
				<category><![CDATA[Jewish News & Politics]]></category>
		<category><![CDATA[United States]]></category>
		<category><![CDATA[Bais Yaakov]]></category>
		<category><![CDATA[Brooklyn]]></category>
		<category><![CDATA[David Brooks]]></category>
		<category><![CDATA[extortion]]></category>
		<category><![CDATA[federal courts]]></category>
		<category><![CDATA[Galleon Group]]></category>
		<category><![CDATA[insider trading]]></category>
		<category><![CDATA[Joe Lieberman]]></category>
		<category><![CDATA[Lubavitcher Hasidism]]></category>
		<category><![CDATA[Martin Klotz]]></category>
		<category><![CDATA[Menachem Mendel Schneerson]]></category>
		<category><![CDATA[Milton Balkany]]></category>
		<category><![CDATA[SAC Capital Advisors]]></category>
		<category><![CDATA[Steve Cohen]]></category>
		<category><![CDATA[ultra-Orthodox]]></category>

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		<description><![CDATA[Steven A. Cohen, the billionaire hedge-fund manager, doesn’t take cold calls. If you dial the headquarters of Cohen’s $12 billion fund, SAC Capital Advisors, in Stamford, Connecticut, a pleasant-voiced receptionist will kindly offer to take a message, which Cohen’s assistant will screen without disturbing her boss, who typically spends the hours of the trading day [...]]]></description>
			<content:encoded><![CDATA[<p>Steven A. Cohen, the <a href="http://www.forbes.com/lists/2010/10/billionaires-2010_Steven-Cohen_PZMO.html">billionaire</a> hedge-fund manager, doesn’t take cold calls. If you dial the headquarters of Cohen’s $12 billion fund, SAC Capital Advisors, in Stamford, Connecticut, a pleasant-voiced receptionist will kindly offer to take a message, which Cohen’s assistant will screen without disturbing her boss, who typically spends the hours of the trading day deeply engrossed in the numbers flashing across the eight screens mounted at his desk. He communicates with his fellow traders through desktop squawk boxes, and they watch him via an in-house video feed referred to as “<a href="http://www.vanityfair.com/online/daily/2010/06/steve-cohen-on-life-love-his-art-collection-and-those-pesky-insider-trading-rumors.html">the Steve Cam</a>.”</p>
<p>A phone message deemed sufficiently mysterious might be passed to SAC’s general counsel, Peter Nussbaum, which is how Nussbaum wound up talking last winter to an ultra-Orthodox rabbi named Milton Balkany, who said he had information that was potentially damaging to SAC. The rabbi had, wittingly or not, called on a December day when everyone in Cohen’s orbit was on high alert. The morning’s <em>New York Times</em> featured a <a href="http://www.nytimes.com/2009/12/16/business/16sac.html">story</a> about rumors linking SAC to the government’s investigation of a rival fund, the Galleon Group—which has since blossomed into one of the largest insider-trading probes in Wall Street history.<strong> </strong>The same afternoon, Cohen’s ex-wife, Patricia, filed a sensational civil <a href="http://www.nytimes.com/2009/12/17/business/17hedge.html">suit</a> alleging that he had traded on inside information in the 1980s, while they were still married. (Cohen has moved for dismissal.)</p>
<p>Balkany introduced himself as the dean of a Jewish girls’ school in Brooklyn. He may as well have been calling from another planet—one governed by shtetl values dictating that Jews should accord a high degree of loyalty to each other. The rabbi claimed that, in the course of his work counseling Jewish prisoners, he had learned that the government was pressuring an inmate to give up information about Cohen, and that, as a fellow Jew, he didn’t want to see harm befall the hedge-fund manager, even though they didn’t know each other. It quickly emerged that Balkany wanted something in return—$2 million in cash for his struggling school, Bais Yaakov of Midwood, and a $2 million loan for his former yeshiva, Mesivta Torah Vodaath, one of the oldest and largest of Brooklyn’s ultra-Orthodox high schools. And one more thing: He wanted a 20-minute meeting with Cohen for his son-in-law, an aspiring financier who dreamed of pitching his idol on an investment idea.</p>
<p>The conversation with Nussbaum set off a chain of events that ultimately led to Balkany, a onetime power broker known as “the Brooklyn Bundler,” being found guilty in federal court last month of extortion, blackmail, fraud, and making false statements to a government agent. His trial, in a wood-paneled courtroom in lower Manhattan, played out as a kind of Jewish <em>commedia dell’arte</em>. Balkany, the bearded rabbi, was dressed in customary dark suits accessorized with a black velvet yarmulke. He shared the defense table with a Brooklyn boy made good: the lawyer Benjamin Brafman, a Modern Orthodox Jew who is famous for representing high-profile celebrities like Jay-Z, Sean Combs, and Plaxico Burress. The government’s case was argued by Marc Berger and Jesse Furman, both Jewish and Ivy League-educated assistant U.S. attorneys. In the public gallery, Balkany’s wife and a rotating cast of his 13 sons and daughters made up a kind of Greek chorus, sighing and clucking as the damaging testimony added up.</p>
<p>In his various phone calls and meetings with SAC’s lawyers, Balkany had repeated one phrase as if it would insulate him from suspicion: “I’m not a hold-up man.” He would then invariably assert the value of the work his school was doing in the community, or his good character as a Jew. “I’m not here to threaten some—God forbid, I’m on the other side of the fence,” Balkany told Nussbaum in one taped conversation. “You know, my heart goes out, that a man like Cohen, who obviously has made it, he’s probably even a <em>kohane</em> because his name is Cohen.”</p>
<p>Cohen, the Long Island-raised son of a Seventh Avenue <em>garmento</em>, never met Balkany, and he never came anywhere near the courtroom during Balkany’s trial in November. The closest he got, at least publicly, was a modern art <a href="http://www.nytimes.com/2010/11/04/nyregion/04auction.html">auction</a> at Christie&#8217;s, 60 blocks uptown. But the rabbi was the least of Cohen’s problems that month: The government’s insider-trading investigation was reaching fever pitch. Two weeks after the trial wrapped up, government agents served SAC and two other hedge funds with <a href="http://www.marketwatch.com/story/sac-tells-investors-it-got-government-subpoena-2010-11-23">subpoenas</a> and began making arrests.</p>
<p>And yet, from the start, Cohen’s lawyers took the rabbi seriously. Within<strong> </strong>days of Balkany’s first call to Connecticut, SAC’s outside counsel, a former prosecutor named Martin Klotz, reported the rabbi to federal prosecutors in New York’s Southern District—the same office pursuing the insider-trading investigation against Galleon. The SAC attorneys agreed to take the step of going undercover, taping hours of conversations that were crucial to the government’s case against Balkany. The rabbi, it seems, provided an excellent opportunity for Cohen’s team to do the government “a solid,” as one lawyer who has represented clients in the insider-trading investigation into Galleon put it to me. Stephen Miller, a former federal prosecutor in Manhattan and Philadelphia, explained SAC’s decision to participate as a savvy legal move. “They could say they have a culture of compliance,” he said, “and Exhibit A is this case.”</p>
<p>Now Balkany, who assumed that by presenting himself as a concerned “co-religionist” he could establish a real connection to Cohen, is facing up to 20 years in prison. And it&#8217;s all because the rabbi made a simple mistake: believing that, just because he imagined they shared a special bond as Jews, Cohen would feel the same way.</p>
<p>***</p>
<p>On November 1, 2010, the first day of the trial, Brafman, Balkany’s lawyer, urged the jury—three men and nine women, all but two of them black or Latino—not to judge his client as a Jew. “I represent the man with the white beard and black yarmulke,” Brafman said, by way of introduction. “Look at yourselves,” he went on. “Nobody on the jury looks like Rabbi Balkany. That’s not a jury of one’s peers.” It was an effective rhetorical gesture, but it sounded almost absurd in the context of a case that turned on Balkany’s effort to trade on his and Cohen’s shared Jewish heritage. “Frankly, I, I really, I’m doing this as a Jew to a Jew,” Balkany had insisted in a taped conversation with Klotz, SAC’s outside counsel. “I’m just stepping in, really, to be of help to him.”</p>
<p>The plan to extort Steve Cohen appears to have originated at the federal prison camp in Otisville, N.Y., an hour or so north of Manhattan, which the Bureau of Prisons has tailored to suit the special dietary and other needs of Hasidic inmates. “It’s like a bungalow colony up there in the Catskills,” joked Gary Friedman, the executive director of <a href="http://www.jewishprisonerservices.org/">Jewish Prisoner Services International</a>, an organization that provides services to Jewish inmates. Balkany was a regular visitor to the camp and, in his recorded conversations with SAC’s lawyers, said it was an inmate named David Schick who provided the connection to Hayim Regensberg, the man Balkany claimed was being pressured to give information on SAC.<strong> </strong>Schick, the scion of a famous bakery dynasty in Brooklyn, is an Orthodox Jew who <a href="http://query.nytimes.com/gst/fullpage.html?res=9B04EFDC1439F935A25755C0A960958260&amp;pagewanted=2">defrauded</a> his investors of as much as $200 million in the late 1990s.</p>
<p>Regensberg is serving a 100-month sentence for running a Ponzi scheme, and his lawyer, Robert Baum, told me he believes his client has information that may be of interest to the government. Indeed, some of the details that Balkany dangled in his conversations with SAC have proven to connect to real investigations—particularly concerning a healthcare fund called FrontPoint, which is <a href="http://www.businessinsider.com/the-rabbi-who-blew-the-whistle-on-frontpoints-chip-skowron-insider-trading-is-the-same-rabbi-who-tried-to-blackmail-steve-cohen-2010-11">embroiled</a> in its own insider-trading scandal. But prison officials testified during Balkany’s trial that the rabbi never visited Regensberg during the months he spent negotiating with SAC, and federal investigators testified that no one from the government ever spoke to him about the insider-trading investigations, let alone approached him with an offer to cut a deal in exchange for information. “They haven’t tried to follow up,” Baum told me, in late November.</p>
<p>In Jewish terms, Cohen made a strange target. He and his wife, Alexandra—who grew up in a Puerto Rican Catholic family in Washington Heights—do not, according to tax records filed by their family foundation, give to Jewish communal organizations or to synagogues, but choose instead to shower millions on hospitals, urban-youth programs, and the schools where their children are enrolled—including Brown University, from which Cohen’s son, Robert, graduated in 2009. Cohen also sits on the board of the <a href="http://www.robinhood.org/home.aspx">Robin Hood Foundation</a>, a group devoted to fighting poverty in New York. Of the millions his foundation has given away since it was set up in 2001, the only significant donation to a Jewish cause was $25,000 to a religious-outreach group called Gateways, which is based in the ultra-Orthodox enclave of Monsey, to buy a table at a gala fundraising dinner in 2004. (The group&#8217;s director, Mordechai Suchard, told me he couldn&#8217;t remember who was being honored.)</p>
<p>In the wake of Balkany’s arrest, and amid a wave of <a href="http://nymag.com/news/features/65126/">publicity</a> surrounding Cohen’s ex-wife Patricia, Steve and Alex Cohen earlier this year announced a $50 million <a href="http://foundationcenter.org/pnd/news/story.jhtml?id=289300008">gift</a> to an organization that is at least nominally Jewish: the North Shore-Long Island Jewish Health System, which will use the money to expand its children’s hospital in New Hyde Park, south of Great Neck, where Cohen grew up. “Stevie Cohen is one of the most charitable people I know, and he’s done extremely well,” said his former boss Howard Silverman, who gave Cohen his start on Wall Street 30 years ago, at the boutique investment firm Gruntal &amp; Co. “He wasn’t into his religion—he was just Jewish, like anyone else.”</p>
<p><strong><a href="http://www.tabletmag.com/news-and-politics/53532/tribal-allegiance/2/">Continue reading</a>: a Jewish bond, Republican heavyweights, and “This trial doesn’t need any more drama.” Or view as a <a href="http://www.tabletmag.com/news-and-politics/53532/tribal-allegiance/print/">single page</a>.</strong></p>
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		<title>Secular L.I. Parents Sue Orthodox-Run School Board</title>
		<link>http://www.tabletmag.com/scroll/12766/secular-parents-sue-orthodox-run-board/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=secular-parents-sue-orthodox-run-board</link>
		<comments>http://www.tabletmag.com/scroll/12766/secular-parents-sue-orthodox-run-board/#comments</comments>
		<pubDate>Wed, 05 Aug 2009 18:01:35 +0000</pubDate>
		<dc:creator>Allison Hoffman</dc:creator>
				<category><![CDATA[The Scroll]]></category>
		<category><![CDATA[Education]]></category>
		<category><![CDATA[federal courts]]></category>
		<category><![CDATA[Five Towns]]></category>
		<category><![CDATA[Lawrence]]></category>
		<category><![CDATA[Long Island]]></category>
		<category><![CDATA[public school]]></category>

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		<description><![CDATA[Hey, poli-sci majors. Discuss: should public services—let’s say schools—be governed by the people who pay for them, or by the people who use them? That’s the question raised by a federal lawsuit filed yesterday by a group of parents in Lawrence, N.Y., one of Long Island’s famous Five Towns, where the school board is dominated [...]]]></description>
			<content:encoded><![CDATA[<p>Hey, poli-sci majors. Discuss: should public services—let’s say schools—be governed by the people who pay for them, or by the people who use them? That’s the question raised by a federal lawsuit filed yesterday by a group of parents in Lawrence, N.Y., one of Long Island’s famous Five Towns, where the school board is dominated by Orthodox Jews whose children don’t use public schools at all—they go to yeshivas—but who are nonetheless obligated to pay high property taxes to support the district.</p>
<p>The suit claims that the board’s recent <a href="http://www.newsday.com/long-island/nassau/lawrence-board-votes-to-close-school-in-woodmere-1.1216332">decision</a> to shut down the district’s newest elementary school in the face of falling enrollment—allegedly with the ulterior motive of cherry-picking the best facility to sell or lease to a yeshiva—amounts to the backdoor establishment of religion, in violation of the First Amendment. It’s the latest flare-up in long-running <a href="http://www.nytimes.com/2006/09/16/nyregion/nyregionspecial2/17Rlawrence.html?_r=1&amp;pagewanted=print">tensions</a> between Orthodox residents, on one hand, and secular Jews and non-Jewish residents, on the other, who are steadily being crowded out of the community. (Previous iterations have included vicious budget fights and contract disputes.) Lawyers for the school board dismiss the accusations and insist the public will “not only be aware, but they will participate in the process.” Which, of course, means the entire public, not just those who use the public schools.</p>
<p><a href="http://www.newsday.com/long-island/first-amendment-suit-filed-in-lawrence-school-closure-1.1349008">First Amendment Suit Filed in Woodmere School Closure</a> [Newsday]</p>
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		<title>How Should Madoff Pay?</title>
		<link>http://www.tabletmag.com/scroll/6378/how-should-madoff-pay/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=how-should-madoff-pay</link>
		<comments>http://www.tabletmag.com/scroll/6378/how-should-madoff-pay/#comments</comments>
		<pubDate>Tue, 16 Jun 2009 18:00:09 +0000</pubDate>
		<dc:creator>Allison Hoffman</dc:creator>
				<category><![CDATA[The Scroll]]></category>
		<category><![CDATA[Bernard Madoff]]></category>
		<category><![CDATA[Elie Wiesel]]></category>
		<category><![CDATA[federal courts]]></category>

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		<description><![CDATA[Letters from 113 of Bernard Madoff’s victims were submitted to the court yesterday, in preparation for his scheduled sentencing, on June 29. Federal sentencing guidelines say he faces up to 150 years in prison for his crimes, and most asked for just that. But a few were more creative. In March, the Nobel laureate Elie [...]]]></description>
			<content:encoded><![CDATA[<p>Letters from 113 of Bernard Madoff’s victims were submitted to the court yesterday, in preparation for his scheduled sentencing, on June 29. Federal sentencing guidelines say he faces up to 150 years in prison for his crimes, and most asked for just that. But a few were more creative. In March, the Nobel laureate Elie Wiesel (who was not among yesterday’s letter-writers) told an audience in New York how he would <a href="http://www.jpost.com/servlet/Satellite?cid=1235410740529&#038;pagename=JPost%2FJPArticle%2FShowFull">punish</a> the swindler: “I would like him to be in a solitary cell with a screen, and on that screen, for at least five years of his life, every day and every night there should be pictures of his victims, one after the other after the other, always saying, ‘Look, look what you have done to this poor lady, look what you have done to this child, look what you have done.” At least one victim in yesterday’s batch showed similar ingenuity. “Bernie deserves a longevity pill—not death—so he can watch each generation suffer and watch what he did,” wrote Jackie Stone, who said her parents, in their late 60s, had been bankrupted. “Please don’t give this man anything.”</p>
<p><a href="http://www.nytimes.com/2009/06/16/business/16madoff.html?_r=1&#038;ref=business">Fraud Victims Want Maximum for Madoff</a> [NYT]<br />
<a href=http://www.tabletmag.com/wp-content/uploads/pdf/madoffletters.pdf>Victims’ Letters to Judge Denny Chin</a> [PDF]</p>
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