How Balkany Beat Prison In 2004

Balkany says the feds backed down, and that there was nothing to the charges against him. Is that true?

What follows is Balkany's Deferred Prosecution Agreement with the US Attorney. 

In it, Balkany agrees to specific conditions including repaying hundreds of thousands of dollars he misappropriated:

 

 

 

 

The deferred prosecution agreement as a PDF file:

Download Balkany Deferred Prosecution 2004

Comments

[Avrohom]

R' balkany is a odom godol, R' balkany is an amud gemils chesed , he could be called a lamed vov zadig. rabbi balkany is an angel. I dont belive this whole story

[Dr. Moe]

"R' balkany is an amud gemils"

With whos money?

[Gladys]

Reading this it sure doesn't seem like there is a separation of religion and state in this country. At least not if you belong to the right religion, that is.

How can Muslims, Hindus or Christians get money to build their religious schools?

[critical_minyan]

he broke the law, admitted it, and wasn't prosecuted. Now he did it again.

[chabadnik attorney]

And he thinks he will not be prosecuted again. He doesn't realize that the climate is not the same as it was 7 years ago. Also he is practically goading the authorities on. He thinks he's the Teflon Don.

[Bill]

"he thinks he's the Teflon Don." Chabadnic

Or ... the Teflon Dean....

Oh, Avrohom,

Newsflash, you are in a cult and you are in denial.

[Noam]

The prisoner that delivered the goods on the rabbi was already transfered out of otisville and is now in MCC in Brooklyn this prisoner crooked guy will burn in hell for eternity for bring tzar to a tzadik like R Balkany

[Critical minyan]

When a black hat is indicted people love to read about it because everyone loves when a holier than though hypocrite is knocked down a notch.
Newspapers pay attention to web hits and they now know what people love to read and look for more and more of these stories, while beforehand they thought no one cared.
Prosecutors know this. They like to make the news also, so it cycles on and on.

[Big Jew]

To Noam and Avraham and other delusionals....

Parshas Truma: Bais HaLevi - Truma Comes After Mishpatim

The Bais HaLevi explains that Parshas Truma comes right after Mishpatim for a very important reason.  The Mishkan was built from donations of the Bnei Yisroel.  If a mitzva is done with a stolen item it is pasul because it is a Mitzva Haba B'Aveira, a mitzva performed through an aveira.  Mitzvos like that are not wanted by Hashem The halachos of monetary matters are complex.  Rav Yisroel Salanter once warned a Talmid who stopped pursuing a career in the Rabbinate because he did not want to take responsibility for answering halachic questions, that money matters are far more complex than answering questions about treif chickens. Before one is ready to donate money to build a Makom of Hashra'as HaShechina he needs to make sure that he knows all the halachos pertaining to business and the money is clean and earned with 100% honesty.  If you don't know Mishpatim, your Truma may not be worth anything.

[jewishwhistleblower]

You missed this: Rabbi Balkany vs. The Village Voice.
It also never was reported in the media.

Summary Judgment motion from Voice succeeds March 19, 2008.
"ORDERED that defendants’ motion for summary judgement is granted and the complaint is dismissed with prejudice as against defendants Village Voice Media, Inc., Tom Robbins and
Alexznder Zakharov."
Materials filed March 25, 2008, New York County Clerk's Office.

Excerpts from Order only posted below:

SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY
Judge Shirley Werner Kornreich
Present
Part 54
Index Number : 112604/2004
BALKANY, MILTON RABBI
vs.
VILLAGE VOICE MEDIA
Sequence Number : 003

Excerpts:

...

Regarding thc Zakharov Statements, Robbins avers that he did not simply rely on The Daily News’ reporting. He claims that he obtained a copy Zakharov’s October 30, 2003 hearing transcript in federal court before Judge Allen Hellerstein. At the hearing, Zakharov detailed the specifics of his involvement in the bribery scheme. The transcript quotes Zakharov as stating that from January to August 2001, he along with Vadim Kaplun (Sam Kaplun’s son) collected money from federal inmates for the purpose of moving them from one federal facility to another. He claimed he then gave the money to Sam Kaplun, who would give it to a rabbi for the purpose of conveying the money to officials inside the federal government. Zakharov did not identify the rabbi, but he described him as being associated with a Jewish school in the Borough Park area of Brooklyn. Judge Hellerstein then asked Assistant United States Attorney Evan Barr if the government knew who the rabbi was. Mr. Barr stated that the government did know the identity of the rabbi. Robbins next avers he was independently able to verily Rabbi Balkany as the rabbi named in the prison bribcry scheme by tracking down Zakharov in Florida and interviewing him on or about February 24, 2004. During the interview, Zakharov told him that Rabbi Balkany was the rabbi referred to at his hearing before Judge Hellerstein and that the money he gave to Sam Kaplun was supposed to go to Rabbi Balkany and then onto federal officials. According to Robbins, this interview served to independently corroborate what was originally reported in the Daily News from its “law enforcement sources”.
Robbins also avers that he obtained the transcript of Sam Kaplun’s appearance before Magistrate Judge Gabriel Gornstein on November 24, 2003. This transcript details Kaplun’s guilty plea to conspiracy to bribe a public official and outlines how he collected money and passed it on to a rabbi in an effort to secure the transfer of inmates from one federal prison to another. Robbins interviewed Rabbi Balkany for the story and included the rabbi’s denial of the allegations and his statement that Zakharov and Kaplun both implicated him in order to receive leniency from prosecutors. Finally, in support of this motion, Robbins submits the allocution transcripts of Sam Kaplun and Zakharov, both of which took place after the Second Voice Article was published. During their allocutions, both Kaplun and Zakharov identify Rabbi Balkany as the rabbi who solicited bribes in connection with the requests to have prisoners transferred. In fact, during Zakharov’s allocution, Judge Hellerstein stated that Rabbi Balkany was the "major culprit” in the plan and expressed his disappointment that the government did not charge him.

...

Rabbi Balkany submits his deposition testimony, in which he stated that he never charged families fees for the processing of the daycare voucher applications. He testified that he charged institutions fees in order to “hire lobbyists” and that before charging any fee, he asked Commissioner Scoppetta for permission. He further testified that he kept no records regarding the fees. He simply dealt with each institution on an ad hoc basis. In addition, Rabbi Balkany
stated that the DOI never formally charged him with distributing any vouchers improperly. Moreover, Rabbi Balkany testitied that he did help Leona Helmsley while she was in prison by providing her with traditional Rosh Hashanah meals and helping her get released from prison temporarily to visit her son’s grave the day before Yom Kippur. In reference to Antar, Rabbi Balkany stated that he never helped Antar directly and that he only met Antar once in a kitchen during the tour of a prison. Rabbi Balkany claimed that he actually helped Antar’s cousin, who was in prison around the same time. When asked whether providing Antar with kosher food and assistance on religious holidays reflected poorly on him, Rabbi Balkany stated it did not.
Regarding the Congressman and Appeals Brief Statements made by Davis, Rabbi Balkany admitted that he helped Davis attend his son’s Bar Mitzvah. He contended that he never spoke to any congressman and detailed the process by which he attained Davis’ release. See
EBT of Rabbi Milton Balkany pp. 426-427; 445-449. Rabbi Balkany denied arranging for Davis’ appeals brief to be read by a federal judge. However, he stated that he did meet with the Maryland U.S. Attorney, and that he may have received some paperwork from Davis prior to the meeting. However, he further stated that he was not sure he read the paperwork, and, did not state whether or not he brought these papers with him to his meeting with the Maryland U.S. Attorney.
Regarding the Zakharov Statements and the prison bribery scandal, Rabbi Balkany testied that he never met with Zakharov, but did meet with Sam Kaplun and helped his son Vadim get transferred to another federal prison. He denied that he met with or spoke to Vadim, stating he merely spoke with Rabbi Laskin who helped arrange for Vadim to receive prayer books, food, etc. Following this assistance, Sam Kaplun made a $5,000 donation to Rabbi Balkany’s yeshiva. Rabbi Balkany claimed he provided Kaplun with a receipt and thank you letter. Finally, Rabbi Balkany testified that he did not ask for the donation from Kaplun in return for helping his son.
...
In addition, Rabbi Balkany testified that he helped Davis. He averred that he did not speak to a congressman, rather, he spoke to several government officials including the Maryland U.S. Attorney, head of the Bureau of Prisons, Attorney General Janet Reno, and finally, White House counsel Abner Mikva.

[critical_minyan]

the government needs to put balkany away for a long time.
shmarya, if it wasnt for you and guys like you, these scumbags could continously work in the shadows, manipulating the system unfairly, all in the name of Judaism.

[Avrohom]

Guys lets remember one thing here, lets say that the accusations are halfway true, it still doesnt make R' Balkany a "madoff"/ The money went to support a school. The money went to support a school that does not get goverment funding, a big part of the kids are scooled for free, its not like R; balkany drives around in a mercedes, or has a big boat and a mansion, Lets Remember that R' Balkany lives in a house that for the most part is a hacnoses urchim house, every downtrodden person in BP could overnight there for free instead on the cold streets,How many of us could claim such deeds? lets never forget this, even if he fell for this trap that this crooked prisoner dug for him he is still not a madoff

[Bill]

Avrohom,

I think by now it's common knowlege that most haredi "charities" are nothing more than laundry machine for tax cheats.

[state of disgust]

The family that scams together,
stays in the slammer together.

[al Farabi]

To Avrohom: The law of the land is the law. No one is above it! End of story, no excuses

[Chayim]

Rabbi Balkany is a good man. He fights for Jewish causes just like many great Jews did. Even Meir Kahane who protected elderly jews walking to shul and fought for soviet jews was malighned all the time. The moment you stick your neck out for jews you will be put down like all our great leaders.Rabbi Balkany is a great leader. He did not kick out children from his school for lack of funds like most other mosdos do. He has a full house of guests every shabbos of people who no one else would invite. Before you condem him, I wonder how many of you would invite the broken souls to your shabbos table. You probably only invite your well dressed and well heeled types who are all spoofed up in fancy cloths to your tables. Caring about Jews is what Rabbi Balkany is all about.I watched him from a distance how he greets every Jew with love and warmth. He is a fighter for Jews like all our ancient and current day fighters are. Rabbi Balkany will be victorious at the end.

[effie]

Chaim: The company he extorted $4 million dollars from disagree.

[Big Jew]

Chayim:
One question: If he stole a few million dollars from you and then did all his chessed and tzedakkah would you go around telling everyone what a tzaddik he is or would you scream bloody murder and call him every bad word and expletive known to man??

Think about it. Internalize the feeling then answer.

[A E ANDERSON]

I find it interesting that under the DPA the US Atty wanted Balkany to take out a mortgage on Bais Yaakov... which he doesn't, of course, own.

[avrohom]

To effie. yes your right if he would have scamed me I would have screamed bloody murder, fact is he disnt scam me and he didnt scam you, what the allegations are i also did the reading, i dont know what the truth is , so why not judge him on his existing record of being a bal chesed until proven otherwise, remember a complaint is just that, he was arrested on a complaint, lets waith untill both sides get a chance to clarify the story.

[effie]

avrohom: Big Jew asked you that question, not me. However, I find your response puzzling in that one doesn't have to be a victim of crime to condemn a crime and feel empathy for the victim. Also, I see no reason not to consider the charges, which appear to be quite solid, together with his past record, which is more incriminating than helpful.

[effie]

"I find it interesting that under the DPA the US Atty wanted Balkany to take out a mortgage on Bais Yaakov... which he doesn't, of course, own."

AE Anderson: Obviously, he had the authority to do so on behalf of the Bais Yaakov, because it was a condition of his deferred prosecution.

At a further special condition, you shall pay voluntary munition to HUD tn the aggregate
amount of $'00,000. as follows: (a) you shall make a payment of 1100,000 on or before February
JO. 20tH. 1b)you*hallrnakeapaymcnior$100.000anotbcforeAuguai20. 2004; andyou shall
execute oi MM to be executed a mortgage againu the Property at IS62 49* Street.
IliiHiMyn. New Yoik in favor of HUD in the amount of 5100,000 on oi before February 20.20O4

[effie]

Sorry about that. Ignore the gibberish in the the second paragraph of the response.

[Chayim]

Obama scams the tax payers for trillions.Rabbi Balkany got checks from people who wished to give it for a purpose.You want to scream than scream at Obama.