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Jul 26, 2009

Dweck entrapped them?

Regarding the chillul hashem that has happened in NY/NJ over the past few days....

I don't know exactly what happened, so my comment might be out of place and/or inaccurate. It is based on what I have read so far about the sting operation.

The chillul hashem stands, and I am not refuting that. I just think the whole situation is very strange. This guy Dweck, the informant, he did not just inform, and obtain evidence, of what all these other people were doing. This Dweck guy set them up. He got what seems like innocent people involved by offering them money and deals.

Generally an informant is supposed to be obtaining evidence on people committing certain crimes - he approaches them and deals with them, getting evidence in the process. Here, some of these people were not at all involved, from what i understand, in all this illegal activity and he approached them and got them involved and turned them in.

That is really dirty, and I do not see why this is not under the category of entrapment, which should get them off.

11 comments:

  1. You should recall, according to the reports that i read, he was up for bank fraud in 2003, and used this opportunity to get himself a deal. So the bigger the better for him.
    Then again, i have learned from the abuse case here last week, that nothing we read in the media is ever as simple as they make it out to be. Real Life and the truth behind the stories are always much more complicated than we thought at first.

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  2. Police are well aware of when entrapment applies. As this is not the first sting from the same scandal I am sure they covered their bases.

    I think Dweck's son connection to Shas may make this story an even bigger Hillul Hashem as more information is discovered.

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  3. some of the poeple involved it seems were doig illegal stuff prior Dweck.

    But some - according to the doj report (http://www.usdoj.gov/usao/nj/press/press/files/pdffiles/bidrig0723.rel.pdf) - like Rabbi Kassin - there only wrongdoing was what transpired with Dweck. Actually In the doj report one does not find any allegations other than the dealings with Dwek (the cooperating witness).

    It seems Dweck used his position - his father is a good freind of Rabbi Kassin - to aporach R. Kassin to do him a personal favor. This does not make it right - but it takes on a whole new angle if R. Kassin only was trying to help a freind - who was in fact ruthlessly setting him up.

    It also raises the question: why would somebody want to entrap R. Kassin - the 87 year leader of 75,000 Syrian Jews? Was this Dweck's einfal or someone put him to it? and who?

    THat this blew up during the 9 days does not bode well.

    ReplyDelete
  4. A number of those involved in the money-laundering were allegedly caught on tape saying that they have already done this with millions of dollars from other people, so at least some of them seemed to be experienced at this sort of thing. Entrapment is hardly ever an effective defense and more of something for the movies and TV. See this article which discusses the entrapment angle. Most of those interviewed in the article feel that there will be a number of other plea bargains. This article has some interesting discussion of entrapment relating to Abscam which was a major sting operation targeting politicans a few decades ago. The distinction often drawn is whether the defendant was "predisposed" to commit a crime (guilty) or "enticed" (innocent).

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  5. From GLobes:

    עם זאת, על פי האתרים החרדים, הצליח הרב דוד יוסף, בנו של מנהיג ש"ס הרב עובדיה יוסף, לחמוק מן הפרשה ברגע האחרון. על פי האתר החרדי "כיכר השבת", שלמה דואק, עד המדינה ואיש המפתח בפרשה, הגיע אל הרב דוד יוסף וביקש ממנו לפרוט צ´ק של 25 אלף דולר בטענה כי אין לו מה לאכול. על פי האתר, סירב הרב דוד יוסף ואמר כי אינו עוסק בדברים מעין אלו, זאת למרות הקשר רב השנים שיש לדואק עם צמרת ש"ס והתרומות שהעבירו משפחתו לתנועה.

    It seems this Dwek guy got around.

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  6. What does Globes mean by "Lach'mok" - to slip away? Even according to Globes' own report, Rav Yosef refused to to deal with the request to cash the check. "Lach'mok" here has negative connotations, not justifiable based on the report itself.

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  7. Garfield - THat this blew up during the 9 days does not bode well.

    And if it was a day before or after the 9 days, it would have boded well????

    Mark

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  8. 1. all it took to not be entrapment was to say " no thank you, that's illegal".

    2. There are many people screaming "mesirah" as if that issur makes the chilul hashem less. as a point of halacha, there are many people who hold that mesirahto the american gov't, or any gov't that has laws that won't single out jews for worse judgments, is not mesirah.

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  9. RAFI,

    i don't quite understand the entrapment explanation. they knew what they were doing was illegal. they could have said no. also, was it a secret that dweck was in serious trouble with PCS bank and facing serious jail time? didn't they realize who they were dealing with?

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  10. The entrapment argument is a little tenuous because the guy was a well known criminal (perhaps not convicted, but still known as a shady character). The deals were clearly shady, so doing a shady deal with a shady character is not quite entrapment (in the traditional sense of an officer of the law or an agent of the law enticing someone into doing something illegal).

    If it were anyone other than Dreck, perhapsthe entrapment argument might fly.

    Mark

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  11. And if it was a day before or after the 9 days, it would have boded well????

    Mark

    July 26, 2009 8:08 PM

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

    The problem is the Issur of laundering during the 9 days.

    (Just overheard at my neighborhood money changer).

    But wait! At least the Sefaradim involved are OK, as this happened before the Shavua Sheh'chal Bo.

    :)

    ReplyDelete

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