Rabbi Freed After 7 Months for Refusal to Mosser
A Brooklyn orthodox rabbi who was jailed after refusing to answer questions before a federal grand jury, saying his religion forbid him from testifying against other Jews, was ordered freed this week by a district court judge in Los Angeles, the rabbi’s attorney said.
Judge Margaret Morrow found Rabbi Moshe Zigelman in civil contempt in December 2011, rejecting a defense attorney’s argument that sending the devout Hasid to prison would be futile because of the man’s beliefs. Citing the Jewish doctrine of mesira, which bars Jews from informing on other Jews to secular authorities, Zigelman’s attorneys argued that compelling him to testify would infringe on his 1st Amendment right to religious freedom.
Morrow ordered Zigelman, 65, released Monday after seven months in a Brooklyn lockup when a federal prosecutor agreed in court papers that “additional incarceration would be futile” in compelling the rabbi to testify.
Zigelman was called before the grand jury regarding an investigation into the Spinka sect, which was accused by federal authorities of soliciting tens of millions of dollars in contributions, only to secretly refund most of the sum to wealthy donors through international channels allowing them to claim large tax write-offs.
Zigelman, who was executive assistant to Grand Rabbi Naftali Tzi Weisz, pleaded guilty to one count of criminal conspiracy in 2008 and received a two-year sentence. At the time of his sentencing in 2009, prosecutors argued that Zigelman’s belief that “it is a sin to inform on a fellow Jew” made it difficult for authorities to detect and prosecute wrongdoing by members of the sect.
He was called before the grand jury in the summer of 2011 after serving that sentence. He was sent back to prison this May –- facing a maximum 18-month confinement –- for his refusal to testify.
Tzadik hador
this tzaddik sure didn’t take an example from mishechist mossrim and their leader mendy hendel who persecuted the shomrim six!
Yasher Koach
Moral ambiguity at its best. Phenominal.
Andy Frost
This is good news that Zigelman was released earlier… May it be the same for Rubashkin; Pollard; etc.
Liepa
A holy person!
Lol at #2
I dont think they understand what you wrote!!! Hysterical.
Milhouse
This is what kiddush haShem means. To stand up for Torah regardless of the cost. It does *not* mean being a “good citizen” and putting the law ahead of the Torah; that is called *chilul* haShem.
It’s just a pity that it took so long for the judge to realise that he means it, and will not talk no matter how long he sits. If the judge had realised his sincerity earlier, he would have been released earlier.
Baruch Hashem!
Wow!
Baruch Hashem!
May we see the same happen with Sholom Mordechai Halevi ben Rivkah! He should have a yeshuah now!
Moshe Chaim
was the Spinka guilty
this is what we call sincere/emes
zol er zein gezunt un shtark for many many years! a dugma chaya!!!
qkfngers
If you refuse to testify before a Federal Grand Jury, you may be found in contempt and sentenced to jail for the duration that the Jury sits (which could be up to 3 years). Impressed that he did what he felt was right knowing the consequences.
This is very different than R. Rubashkin and has no affect on his release happening sooner.
reply to 10
don’t talk like you know what your talking about !!!!
if you want to find out the truth call up anybody who lives or (because of what happened to him )lived there and you will find out the truth that its exactly the same if not greater what he did for post ville etc. and yes he should be freed right now! amen!!!
Michoel Dovid
It is very nice not to see another Yid in jail. It is much easier to fulfill Torah and Mitzvos when you are not sitting.
It is also nice that he held by his convictions. Just as with other areas of halacha, hilchos mesira has many facets and I am sure many people can read it in different ways and still be in the right area.
That said, he really was not an innocent bystander off the street… he did plead “guilty to one count of criminal conspiracy in 2008 and received a two-year sentence.” It seems more like he refused to give information on everyone else that was also doing something illegal.
Now, this was not something “made-up illegal” like building a mikvah or teaching Torah to children. This was actual tax fraud. For some reason we seem to have the opinion that we are above hilchos America and try to find many to ways to go around the right way of doing things…
I remember hearing a recent story where the Rebbe wanted to buy something from a nearby store. When the person returned with the item for the Rebbe, he noticed that there was no tax charged since the store gave the buyer one of the non-profit discounts for one of the mosdos. The Rebbe asked the buyer to return it and then buy it again with the included tax as the item was for the Rebbe as a person and not that organization.
If there Rebbe was so careful in this, and we do our best to follow the Rebbe in everything he does, this may be a lesson to also follow other financial laws as well…
To #8
Yes, and it was a big chilul Hashem, and he went to jail.