Washington - U.S. Judge Fines Russia For Not Returning Chabad Collection |
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Last updated on: January 16, 2013 09:33 PM
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Washington - A federal judge Wednesday fined Russia $50,000 a day until it complies with his earlier order that the country return a Jewish group’s historical books and documents.
Chief Judge Royce Lamberth of the U.S. District Court issued (HERE 
) the order a week after a hearing on the case, in which the Justice Department urged him not to issue the civil contempt fines. The department argued that fines won’t help resolve the dispute, would be counterproductive, and would hurt U.S. foreign policy interests.
The Jewish group, Chabad-Lubavitch, based in the Brooklyn borough of New York City, had already persuaded Lamberth that it has a valid claim to the tens of thousands of religious books and manuscripts, some hundreds of years old, which record the group’s core teachings and traditions. The judge earlier ruled the records are unlawfully held by the Russian State Library and the Russian military archive, and in 2010, he ordered the Russian government to turn them over to the U.S. Embassy in Moscow or to Chabad’s representative.
In a statement, the press office of the Russian Embassy in Washington said the collections are part of the country’s national heritage, and that Russia doesn’t consider Chabad the rightful owner. The embassy called the ruling a violation of the Foreign Sovereign Immunities Act, as well as of the international law and Russian jurisdictional immunities.
A lawyer for Chabad, Seth Gerber, said the group will “seek to enforce the sanctions order by all legal means,” including attempting to attach Russian property in the U.S., as authorized by the court and the Foreign Sovereign Immunities Act. Under that law, a sovereign nation is not immune to lawsuits in cases where property is taken in violation of international law.
There are two collections at issue: 12,000 religious books and manuscripts seized during the Bolshevik revolution and the Russian Civil War nearly a century ago; and 25,000 pages of handwritten teachings and other writings of religious leaders stolen by Nazi Germany during World War II, then transferred by the Soviet Red Army as war booty to the Russian State Military Archive.
After Lamberth’s earlier ruling, Russia completely halted the loan of its art treasures for exhibit in the United States, for fear that they would be seized and held hostage in the court battle. That’s despite Chabad’s assurance in court filings that it will not go after any art deemed culturally significant by the State Department — which is the case for major exhibitions. Such art is already protected from legal claims under the Immunity from Seizure Act.
Lamberth, who called that a “bogus issue” at last week’s hearing, was less colloquial but equally dismissive in his ruling. “The fears purportedly motivating Russia’s moratorium were legally unfounded, as such items would be immune under federal law from attachment,” he wrote.
Lamberth dismissed the government’s contention that fines would be counterproductive. He said that an initial threat of such fines led to Russia’s lawyers meeting face-to-face with Chabad to negotiate on the issue, although that didn’t lead to a resolution. Lamberth said he wasn’t convinced that fines would hurt U.S. diplomatic efforts to get the collections back.
Russia, he wrote, has “steadily resisted all legal and diplomatic efforts to compel them to return the collections for at least two decades ... and though the United States may indeed be ‘committed to continuing these efforts,’ it provides neither any information regarding its future plans, nor any other reason to believe that its new efforts will be more likely to succeed.”
The Justice Department declined to comment on Lamberth’s ruling.
The case has been dragging on for eight years, and efforts to get the materials returned date back decades, involving presidential administrations and members of Congress of both parties.
“At the end of the day, all we want is our property back,” said Rabbi Yosef Cunin of Chabad. “No amount of money can replace it. Our religious heritage is priceless.”
Chabad-Lubavitch, a Hasidic movement within orthodox Judaism, was founded in the late 1700s in Eastern Europe, and has been led through its history by seven “Rebbes,” who amassed the books and writings. The group was incorporated in New York City in 1940.
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Read Comments (28) — Post Yours »
1
Jan 16, 2013 at 02:39 PM targetcapital Says:Report as Inappropriate
Great ruling for anyone who had something stolen and wants it back. This is no different than Egypt reclaiming items taken by England and the US. We should now go after the Church,who holds treasures from the 2nd. Bais Hamikdos. that belong to Israel,
2
Jan 16, 2013 at 03:08 PM Geulah Says:Report as Inappropriate
Are we going to send US marshalls to collect the fine? Are we going to hand over Putin to a collection agency? Does the UN have the power to enforce the ruling?
3
Jan 16, 2013 at 03:27 PM One Win for the Good Guys Says:Report as Inappropriate
It appears that not only the U.S. Justice Dept., but the U.S. State Dept., always interfere in these matters against the good guys. They did it when the former U.S. diplomats, who were mistreated and held captive in Iran for 14 months sued the Iranian government; also, they interfered when former American P.O.W.'s who were subject to slave labor by Japanese corporations, tried to seek restitution, against those Japanese corporations, and against the Japanese government. In any event, I'm glad that the federal judge ruled against Russia. I'm sure that the Justice Dept., will appeal that ruling, as they want to remain buddy-buddy with Putin. After all, he is one of our dear, dear, "friends".
4
Jan 16, 2013 at 03:32 PM rebbe123 Says:Report as Inappropriate
“ Great ruling for anyone who had something stolen and wants it back. This is no different than Egypt reclaiming items taken by England and the US. We should now go after the Church,who holds treasures from the 2nd. Bais Hamikdos. that belong to Israel, ”
can u explain yourself why do the Israelis have ownership of things taken from the bais hamikdash? since when r they the representatives of klal yisroel
5
Jan 16, 2013 at 04:07 PM ESmith Says:Report as Inappropriate
“ Are we going to send US marshalls to collect the fine? Are we going to hand over Putin to a collection agency? Does the UN have the power to enforce the ruling? ”
What can be done is to attach the Russian Embassy in Washington, and try to force its sale to collect the funds.
6
Jan 16, 2013 at 04:10 PM commonsense99 Says:Report as Inappropriate
“ Are we going to send US marshalls to collect the fine? Are we going to hand over Putin to a collection agency? Does the UN have the power to enforce the ruling? ”
exactly the ruling is a toothless tiger, and this judge has a history of same
7
Jan 16, 2013 at 04:21 PM targetcapital Says:Report as Inappropriate
“ Are we going to send US marshalls to collect the fine? Are we going to hand over Putin to a collection agency? Does the UN have the power to enforce the ruling? ”
The Russians have funds on deposit in US banks. THE COURT CAN SEIZE THESE FUNDS.This is a similar power as RICO, to seize assets where ever you can find them.
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Jan 16, 2013 at 04:29 PM Mordechai_Ben_Yaakov Says:Report as Inappropriate
“ Are we going to send US marshalls to collect the fine? Are we going to hand over Putin to a collection agency? Does the UN have the power to enforce the ruling? ”
At least in theory (full disclosure, I haven't read the ruling in full), the claimants could seek a judgment against Russian state-owned assets in the US. For instance, if Russia houses any hard currency reserves here in the US like Germany does, a judgment could potentially be levied against those reserves.
9
Jan 16, 2013 at 04:46 PM Anonymous Says:Report as Inappropriate
Putin might now retaliate and CLOSE down Chabad in Russia.
10
Jan 16, 2013 at 05:21 PM Anonymous Says:Report as Inappropriate
Well if Lubavitch can say that the seforim that Barry Gurary inherited didn't belong to him but to the Lubavitch community, why can't the Russians say these seforim belong to the "Russian community"?
11
Jan 16, 2013 at 05:39 PM ShmuelG Says:Report as Inappropriate
“ Putin might now retaliate and CLOSE down Chabad in Russia. ”
Nope. Chabad in Russia is very useful to Putin, for reasons that some of you may know and I don't wish to enumerate. So Chabad in Russia is save for at least as long as Putin runs the show.
12
Jan 16, 2013 at 06:12 PM Liepa Says:Report as Inappropriate
“ Well if Lubavitch can say that the seforim that Barry Gurary inherited didn't belong to him but to the Lubavitch community, why can't the Russians say these seforim belong to the "Russian community"? ”
Because Barry Gurary didn't inherit those seforim, it belonged to Chabad, and not to an individuals private collection for his personal financial gain.
13
Jan 16, 2013 at 06:57 PM Didan Natzech! Says:Report as Inappropriate
Let's hope more victories are on the way!
14
Jan 16, 2013 at 07:19 PM Snagged Says:Report as Inappropriate
All that money just to have some Sherlock Holmes books translated into Yiddish.
15
Jan 16, 2013 at 10:30 PM Anonymous Says:Report as Inappropriate
This judge has a history of issuing similiar rulings against other foreign governments and sovereign entities. Makes for good press but in most cases, the plaintiffs have never recovered a dime. The Justice Department is right..the courts should no get involved in these kinds of cases.
16
Jan 17, 2013 at 02:12 AM esther Says:Report as Inappropriate
“ Well if Lubavitch can say that the seforim that Barry Gurary inherited didn't belong to him but to the Lubavitch community, why can't the Russians say these seforim belong to the "Russian community"? ”
i'm sure you know there was a federal court case involved and a goyishe judge said the same.
17
Jan 17, 2013 at 02:33 AM TexasJew Says:Report as Inappropriate
I can just imagine the infighting amongst the Lubavitchers once these seforim will eventually be given back to it's rightful owners. I hope I'm wrong.
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Jan 17, 2013 at 02:38 AM I_Am_Me Says:Report as Inappropriate
“ can u explain yourself why do the Israelis have ownership of things taken from the bais hamikdash? since when r they the representatives of klal yisroel ”
What planet are you on? Seriously! Israel is where it was taken from, Israel is the home of all Jews if not physically (& I know not physically) than spiritually. It was taken from the Bet Hamikdash, which is now the Kotel Hamaravi and its israel that will eventually have the Bet Hamikdash again, not america, russia, africa, or antartica (& if you were a rabbi you would know that)!
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Jan 17, 2013 at 03:00 AM emesveyatziv Says:Report as Inappropriate
can someone explain why should russia recognise chabad as the rightfull owner if this was a big dispute in court and barry gurary claims he the rigtfull owner, is russia legally obligated to recognise the u.s.a. court rulling of dedun nutzach?
20
Jan 17, 2013 at 03:04 AM pushitpshat Says:Report as Inappropriate
whats in the library anyone know?
21
Jan 17, 2013 at 08:40 AM TannaKamma Says:Report as Inappropriate
“ Well if Lubavitch can say that the seforim that Barry Gurary inherited didn't belong to him but to the Lubavitch community, why can't the Russians say these seforim belong to the "Russian community"? ”
So by that logic everything you own belongs to the 'American community' (or whatever country you live in -??
The Rayat"z collected these books for the Chabad community as is evident in the famous letter he wrote and which was key evidence in the trial...
22
Jan 17, 2013 at 12:01 PM rebbe123 Says:Report as Inappropriate
“ What planet are you on? Seriously! Israel is where it was taken from, Israel is the home of all Jews if not physically (& I know not physically) than spiritually. It was taken from the Bet Hamikdash, which is now the Kotel Hamaravi and its israel that will eventually have the Bet Hamikdash again, not america, russia, africa, or antartica (& if you were a rabbi you would know that)! ”
1) well I'm in the planet that hashem put me in since kevayochol-hashem is the controller and he sent us to exile n we gona stay here til the coming of moshiach 2) the Israeli government is NOT the representatives of am yisroel 3) it says in sifrei kadmonim that when we were forced into golus hashem made the entire land into 1 stone n sent it along in golus n wherever there's shuls n yeshivas they have kedushas EY so I'm NOT so sure that the place which is called Israel today is in fact EY
23
Jan 18, 2013 at 03:03 AM eretz yisrael Says:Report as Inappropriate
“ 1) well I'm in the planet that hashem put me in since kevayochol-hashem is the controller and he sent us to exile n we gona stay here til the coming of moshiach 2) the Israeli government is NOT the representatives of am yisroel 3) it says in sifrei kadmonim that when we were forced into golus hashem made the entire land into 1 stone n sent it along in golus n wherever there's shuls n yeshivas they have kedushas EY so I'm NOT so sure that the place which is called Israel today is in fact EY ”
the kelim of beis hamikdosh belong to the JEWS! not to the vatican and if it was taken from israel, it should be returned from were it was taken from, ontill moshiach will come, in the meantime it shud not be in the hands of tumaah, and no1 said that israel represents klal yisroel, you are fabricating his words, he said it shud be returned to the jews, were ever they live, and it happens to be that 70% of the jews live in israel, so it be returned from were it came from, return to sender
24
Jan 18, 2013 at 03:51 AM I_Am_Me Says:Report as Inappropriate
“ 1) well I'm in the planet that hashem put me in since kevayochol-hashem is the controller and he sent us to exile n we gona stay here til the coming of moshiach 2) the Israeli government is NOT the representatives of am yisroel 3) it says in sifrei kadmonim that when we were forced into golus hashem made the entire land into 1 stone n sent it along in golus n wherever there's shuls n yeshivas they have kedushas EY so I'm NOT so sure that the place which is called Israel today is in fact EY ”
Ou really need to get your brain examined, Israel is not Israel? What on earth are you talking about? What are you another Arab lover/Arab who thinks we only conquered the land in the twentieth century? What about kotel & all the other holy jewish sites here? Are they a figment of our imagination? what do you think the names of the towns like Jericho, chevron & Jerusalem were named after another city with those names? Wow! Okay you just proved how you know NOTHING on the torah
25
Jan 18, 2013 at 02:23 PM ShmuelG Says:Report as Inappropriate
“ the kelim of beis hamikdosh belong to the JEWS! not to the vatican and if it was taken from israel, it should be returned from were it was taken from, ontill moshiach will come, in the meantime it shud not be in the hands of tumaah, and no1 said that israel represents klal yisroel, you are fabricating his words, he said it shud be returned to the jews, were ever they live, and it happens to be that 70% of the jews live in israel, so it be returned from were it came from, return to sender ”
If you really believe that they shouldn't be "in the hands of tumaah," then there they surely don't belong with Israeli government.
By the way, "ontill" and "shud" are not the words of English language, just as there no "were ever" and "from were" expressions in it. Would (or is it wud?) be good for you to learn the language before you post on English language web sites.
Gut shabbos.
26
Jan 20, 2013 at 09:27 PM I_Am_Me Says:Report as Inappropriate
“ If you really believe that they shouldn't be "in the hands of tumaah," then there they surely don't belong with Israeli government.
By the way, "ontill" and "shud" are not the words of English language, just as there no "were ever" and "from were" expressions in it. Would (or is it wud?) be good for you to learn the language before you post on English language web sites.
Gut shabbos. ”
Wow! Such sinas chinam? are you proud of yourself? It's thanks to people like you that we not only were sent into galus, but are still there. As for saying Israel is tumah, it might not be what it should be, but it's not as bad as Europe with it's nakedness or Africa with it's Arab rulers or south America with it's anti-semitism or even north America with its love of the Arabs! Israel is still Israel and it was taken from the Jews and we mostly reside here. Israel belongs to every Jew unlike any other country in the world which might boast some Jews but does not belong to all. Check your sfarim tonight and see if there is even one prayer for the Americas, Europe, Asia, Africa that you say daily
27
Jan 23, 2013 at 09:30 PM rebbe123 Says:Report as Inappropriate
“ the kelim of beis hamikdosh belong to the JEWS! not to the vatican and if it was taken from israel, it should be returned from were it was taken from, ontill moshiach will come, in the meantime it shud not be in the hands of tumaah, and no1 said that israel represents klal yisroel, you are fabricating his words, he said it shud be returned to the jews, were ever they live, and it happens to be that 70% of the jews live in israel, so it be returned from were it came from, return to sender ”
the keilim of the bais hamikdosh went to golus and should stay there together with am yisroel till noshiach BTW they are less desecrated by the goyim then by the Israeli atheists unfortunately
2) there are NO 70% of Jews in EY get your facts
28
Jan 23, 2013 at 09:34 PM rebbe123 Says:Report as Inappropriate
“ Ou really need to get your brain examined, Israel is not Israel? What on earth are you talking about? What are you another Arab lover/Arab who thinks we only conquered the land in the twentieth century? What about kotel & all the other holy jewish sites here? Are they a figment of our imagination? what do you think the names of the towns like Jericho, chevron & Jerusalem were named after another city with those names? Wow! Okay you just proved how you know NOTHING on the torah ”
Rabbi koppelman zatzal talmid of R shimen shkop zatzal and Rosh Yeshiva of Lucerne Switzerland said the kosel is an old wall with old stones NO KEDUSHE! the same was said by several previous gedolim