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Jerusalem - Report: Dwek Tried To Entrap Rabbi Ovadia Yosef's Son

Published on:   Jul 26, 2009 at 08:07 PM
News Source:  Arutz 7
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 Rabbi Ovadia Yosef with his son Rabbi Dovid - Photo by Abir Sultan/Flash90
Rabbi Ovadia Yosef with his son Rabbi Dovid - Photo by Abir Sultan/Flash90
Jerusalem - Rabbi David Yosef, the son of Shas party spiritual leader Ovadia Yosef, resisted a bribe offered by state's witness Solomon Dwek in the American investigation that resulted in the arrest of 44 people on charges of bribery or money laundering last week, according to a report by News One on Sunday.

The report says that Dwek came to the younger Rabbi Yosef and offered to cash a $25,000 for him in exchange for a percentage of the money, claiming he had nothing to eat and that the rabbi was obligated to save him. The rabbi was careful enough to refuse and say he did not deal in such matters. The attempted transaction was recorded by the Federal Bureau of Investigation

Dwek, a real-estate developer, religious-school head and philanthropist from Ocean Township, was charged with defrauding PNC bank out of $25 million in 2006. The FBI used him to make contact with the politicians and rabbis from New York and New Jersey last week

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1

 Jul 26, 2009 at 08:04 PM yitz Says:

he is a discusting man for trying to do that didnt he know he was playing with fire thankfully chacham david was smart enough not to fall into this mans trap.

2

 Jul 26, 2009 at 08:15 PM this is beautiful Says:

wow. This is great, they should print this on the front page of the Times. The headline should read "this Rabbi won't write dwek a check" or "Rabbi tells dwek say Hi to the FBI, because i wont"

3

 Jul 26, 2009 at 08:15 PM Anonymous Says:

Reply to #1  
yitz Says:

he is a discusting man for trying to do that didnt he know he was playing with fire thankfully chacham david was smart enough not to fall into this mans trap.

This demonstrates how low the FBI acted.

To go to a yid & beg for rachmonus to feed his children.

If all you know we may find out that they had him go to 100 yidden and only entrapted 15.

4

 Jul 26, 2009 at 08:08 PM Anonymous Says:

Its probably good that Yosef did not get caught up in this matter....the U.S. would have a difficult time extraditing him from EY to NJ. Its surprising that the FBI would try to entrap Yosef since he does notinter have a reputation as a high living financial manipulator and has actuall published several sephorim about his father's halachic holdings.

5

 Jul 26, 2009 at 08:07 PM Just Thinking Says:

The best way to learn to resist such sums of money is to have tons of it. Thank God 25,000 wouldn't change anything in Rabbi David Yosef's life anyways.

6

 Jul 26, 2009 at 08:06 PM Joseph Says:

About time the media reported a Rabbi who deals straight.

7

 Jul 26, 2009 at 08:22 PM Anonymous Says:

he did the same to Rabbi Kassin -- he came to the Rabbi on Erev Yom Kippur (of all days of the year!!) and asked for mercy, rachmonus and after pleading and pleading he ensnared the rabbi. This was the one time only Rabbi Kassin ever did this avlah. A classc case of entapment.

And probaly alot of the other accused, did this once because they were pleaded to by Dwek.

But just wait until the Buuilding inspector from lakewood starts talking, he knows alot!! And he will not be inclined to "love" the jews after what Dwek did ...

8

 Jul 26, 2009 at 08:20 PM Anonymous Says:

let it be known from now---nobody is your friend. all are suspect. someone needs help, offer to get him some tzedakah. this is how things worked during the second beis hamikdash....time to realize that we may be headed right back there (in reverse) and hopefully we will see the third beis hamikdash soon

9

 Jul 26, 2009 at 08:28 PM geyhinom tachtov Says:

lo zu haderech 2 b a mussor on your own brothers to make imgeliklech 11 heimishe yidden is unforgivable rather let yourself punish , and not make such a skotzerie deal to b a malshin 4 the malchus hayishoma kozaus they the gedolei hador should b machrim aza ausworf its unforgivable beemes its all minhashomayim nothing is a mikre we have 2 learn from this story to have more emuna ubitochen in hakoudesh borech hu , our forfather yaakov ovinu said to his sons lomo tisrou why does an urol nisht a yid have 2 see what you posses this is real hisgarus beumos, hakinee , vehatave, motziin es houodom min hoolam, this mousur had a terribble taave to steal money he had no bitochen at all , laun die he dragged in dozens of pepole , who knows if a nisht yid wouldnt retaliate ,? its domov beraushau, hashem yerachem the whole story plotz in the 9 days , we have 2 b misabbel on churban habayis , this is a real churban habayis to distroy so many pepole , oy gevald es iz do a boyreh olam yesh din veyesh dayan.

10

 Jul 26, 2009 at 08:27 PM Anonymous Says:

For playing with Maran Harav Ovadia, he deserves already death penalty! Maran should curse him! I can't understand how a Jew can reach so low!

11

 Jul 26, 2009 at 08:24 PM Anonymous Says:

Thats still 15 yidden who will go to jail...why do you think only 15 out of 100 is a good track record.

13

 Jul 26, 2009 at 08:42 PM Anonymous Says:

Reply to #10  
Anonymous Says:

For playing with Maran Harav Ovadia, he deserves already death penalty! Maran should curse him! I can't understand how a Jew can reach so low!

Remember that Obadia Yosef allowed his chief political liason to accept bribes and go to jail....that probably why they thought his son would be an easy mark.

14

 Jul 26, 2009 at 08:53 PM Anonymous Says:

There were very many people this drek approached, all turned down his offer, except for some soft people who had pity on this bluffer and piece of filth, and couldn't take the courage to just send him off.

15

 Jul 26, 2009 at 08:53 PM Anonymous Says:

Reply to #10  
Anonymous Says:

For playing with Maran Harav Ovadia, he deserves already death penalty! Maran should curse him! I can't understand how a Jew can reach so low!

I love and respect hacham ovdaya shilta
Hashem himself will punish this evil and wicked man!! Ein lo halek!!

16

 Jul 26, 2009 at 09:17 PM Anonymous Says:

Chas VeShalom, IYH Moshiach will be here!!! We still have time!

17

 Jul 26, 2009 at 09:24 PM Anonymous Says:

Reply to #7  
Anonymous Says:

he did the same to Rabbi Kassin -- he came to the Rabbi on Erev Yom Kippur (of all days of the year!!) and asked for mercy, rachmonus and after pleading and pleading he ensnared the rabbi. This was the one time only Rabbi Kassin ever did this avlah. A classc case of entapment.

And probaly alot of the other accused, did this once because they were pleaded to by Dwek.

But just wait until the Buuilding inspector from lakewood starts talking, he knows alot!! And he will not be inclined to "love" the jews after what Dwek did ...

First of all, the building inspector is Jewish too.
Secondly, he could talk himself blue, there is no proof, abd his word would be worthless.

18

 Jul 26, 2009 at 09:00 PM AuthenticSatmar Says:

This just goes to show how low the FBI went. They weren't interested in catching criminals and just needed evidence, they sent him to innocent Rabbi's just so they can arrest Rabbi's. Yes, this is pure anti-semitism. The FBI is obviously incompetent.

19

 Jul 26, 2009 at 09:53 PM Anonymous Says:

Reply to #9  
geyhinom tachtov Says:

lo zu haderech 2 b a mussor on your own brothers to make imgeliklech 11 heimishe yidden is unforgivable rather let yourself punish , and not make such a skotzerie deal to b a malshin 4 the malchus hayishoma kozaus they the gedolei hador should b machrim aza ausworf its unforgivable beemes its all minhashomayim nothing is a mikre we have 2 learn from this story to have more emuna ubitochen in hakoudesh borech hu , our forfather yaakov ovinu said to his sons lomo tisrou why does an urol nisht a yid have 2 see what you posses this is real hisgarus beumos, hakinee , vehatave, motziin es houodom min hoolam, this mousur had a terribble taave to steal money he had no bitochen at all , laun die he dragged in dozens of pepole , who knows if a nisht yid wouldnt retaliate ,? its domov beraushau, hashem yerachem the whole story plotz in the 9 days , we have 2 b misabbel on churban habayis , this is a real churban habayis to distroy so many pepole , oy gevald es iz do a boyreh olam yesh din veyesh dayan.

hey only haimshe yidden are yidden? every yid is tiehr...

20

 Jul 26, 2009 at 09:52 PM moishe groiss Says:

Rabossai, please understand that all you hear about who the Moser is from the media and FBI didn't even say who he he is and they just said someone who did such & such and Media is just speculating and no one with any authority has said who THE MOSER is and as such we are not allowed to believe it , (I am not saying that we should go and do business with him) and the truth is that if you know him it is very hard to believe he did that & besides who would go so low to commit such a grave crime even if he was not frum , so please keep your comments untill we are sure what exactly happened.

21

 Jul 26, 2009 at 10:06 PM moish Says:

Seems like the FBI was on a "rabbi-grabing" witchhunt. Its unacceptable! The FBI should be shook down and humiliated for acting like the nazis acted- like the anti-semites they are!

22

 Jul 26, 2009 at 09:50 PM Anonymous Says:

are you people braindead? the point is not that dweck is now even more awful because he tried to get r' yosef in trouble- the point is that r' yosef is a true godol who doesn't take ethical shortcuts, unlike those who got arrested. is dweck a scumbag out to save his own skin? absolutely. but those who dealt with him are just as guilty...

23

 Jul 26, 2009 at 09:48 PM Anonymous Says:

It is a known fact in lakewood that realtors and associates of his from school days were approached.
Thank the one above they sent him flying.
It would be interesting if we can force the feds to divulge who they tried ensnaring and catching in this low lifes clutches.
To the guy who says is 15 a # to be proud of,my answer is absolutely yes!
To stand in nisayon when the satan devil is presenting a nisayon ,pressuring you to cave in, and tactics used include preying on middos of rachamim that we are endowed with,like the comment that states he used rabbi katzin erev yom kippur.... For 85 of us to pass this test is a load to be proud of.
Kol tuv and keep you're personal failure rate to 15%. Hashem will be proud of you.

24

 Jul 26, 2009 at 09:46 PM someone please explain Says:

i don't undestand. rabbi dwek was accused of defrauding PNC bank out of 25 mil in 2006 and then was he wearing a wire recording for the FBI? does that mean the FBI was willing to forgo the accusations if dwek was willing to become - in effect - an agent for them? (is that what happened here? i really am not understanding this case, someone please explain.)

25

 Jul 26, 2009 at 09:43 PM Onlooker Says:

The thought must have occurred to others, I assume. Since Mr. Dweck realized that he had besmirched his father's good name, he knew that the other leading rabbis in the Syrian community would be revered more while his father's name would be burdened by the son's reputation. He therefore targeted the most respected rabbis in the community, so that they should also lose reputations. I am sure time will show that he also had special motives for targeting the man who runs Kav Lachayim, and the rabbi of Sheves Achim. Clearly he used the rachmonus appeal to get the rabbis involved, while he used his salesman's charm on the politicos. We will eventually find out why Altman led him just to these politicians and why dweck wanted to get Altman into trouble, but it was probably because of some long held grievance.

26

 Jul 26, 2009 at 09:37 PM Binyomin Says:

Reply to #15  
Anonymous Says:

I love and respect hacham ovdaya shilta
Hashem himself will punish this evil and wicked man!! Ein lo halek!!

#15 hit the nail on the head.

Hashem will certainly punish this Mr. Shtik Drek.

After Drek caused this Massive Chilul Hashem, it can only be reversed and transformed in to a real Kidush Hashem, only when the world sees that this Mr. Drek got severely punished by Hashem in a very extrema way, where everyone realizes the Yad Hashem.

That will teach a lesson to all other potential mosrim that they will all have a Miesen Sof, should they dare to Moser on anyone, Chas Vesholom.

27

 Jul 26, 2009 at 09:36 PM we hit it on the HEAD Says:

this Rabbi will be a very good witnesss for the defense, to prove this drek was a total set up, with lies, to entrap Rabbis and abuse their kindness to satisfy the blood thirst of the FBI. There is nothing wrong with the Rabbis it is the Drek and the FBI he was working for who are the problem

28

 Jul 26, 2009 at 09:35 PM Anonymous Says:

Hashem can always save us do not be a prosecutor of klal yisrael

29

 Jul 26, 2009 at 10:16 PM Everyone Knows Says:

Reply to #20  
moishe groiss Says:

Rabossai, please understand that all you hear about who the Moser is from the media and FBI didn't even say who he he is and they just said someone who did such & such and Media is just speculating and no one with any authority has said who THE MOSER is and as such we are not allowed to believe it , (I am not saying that we should go and do business with him) and the truth is that if you know him it is very hard to believe he did that & besides who would go so low to commit such a grave crime even if he was not frum , so please keep your comments untill we are sure what exactly happened.

Did you just fall off the moon, or were you just born yesterday?

There were many frum people involved and each one of them has a large group of frum people around them who know the entire story intimately.

All those victimized by the deliberate setup entrapment by FBI and victimized by this Moser, they all know exactly whom they dealt with. They ll know who "CW" is and no one id denying that it's Dwec.

In addition there were a total of 44 people arrested and no one to date has denied that it was Mr Drek.

30

 Jul 26, 2009 at 10:29 PM Anonymous Says:

What is the relationship that Dwec had with Rav Yosef...why would he try to drag a rebbe from EY into this mess and would the Feds have any ability to indict him anyway since he is not within U.S. jurisdiction.

31

 Jul 26, 2009 at 10:27 PM Feivel Says:

Reply to #28  
Anonymous Says:

Hashem can always save us do not be a prosecutor of klal yisrael

This is not about anyone being a mere "prosecutor" against Drek.

If it was Yad Yisroel Takifa, then Shulchan Aruch says that one may be the Judge and Jury and executioner, all by himself when dealing with a Moser and indeed yidden have done this to the yiddishe Nazi Collaborators.

Certainly asking Hashem to do the job instead, when Yidden don't have the power to do so, is fully warranted.

32

 Jul 26, 2009 at 10:55 PM cool masmid Says:

Reply to #11  
Anonymous Says:

Thats still 15 yidden who will go to jail...why do you think only 15 out of 100 is a good track record.

You and the like are most probably almost as bad as Dweck....... The hatred towards our Gedolim and the glee to keep knocking them is not to be believed.......

33

 Jul 26, 2009 at 10:51 PM Anonymous Says:

is he still married or was she apart of his drek

34

 Jul 26, 2009 at 11:08 PM Anonymous Says:

"claiming he had nothing to eat and that the rabbi was obligated to save him. " horrible horrible. playing on Rabbis kind hearts. erev Yom Kippur.....

This man needs alot of teshuva..... maybe he will get kaparo, but not in this world, if every....

35

 Jul 26, 2009 at 10:49 PM Anonymous Says:

Reply to #31  
Feivel Says:

This is not about anyone being a mere "prosecutor" against Drek.

If it was Yad Yisroel Takifa, then Shulchan Aruch says that one may be the Judge and Jury and executioner, all by himself when dealing with a Moser and indeed yidden have done this to the yiddishe Nazi Collaborators.

Certainly asking Hashem to do the job instead, when Yidden don't have the power to do so, is fully warranted.

You are a madman and no jew would say such a thing so you are obviously a sheigitz trolling this board to provoke trouble. The feds will prosecute Dweck and that should be all the punishment we should expect in gallus.

36

 Jul 26, 2009 at 10:47 PM Government is NOT the solution to our problems, Govt IS the Problem! Says:

Reply to #18  
AuthenticSatmar Says:

This just goes to show how low the FBI went. They weren't interested in catching criminals and just needed evidence, they sent him to innocent Rabbi's just so they can arrest Rabbi's. Yes, this is pure anti-semitism. The FBI is obviously incompetent.

actually they were competent enough to have a stool pigeon work for them to get "rabbis" so they are not that incompetent.

37

 Jul 26, 2009 at 10:43 PM chacham Says:

I don't get the fbi begs people to help etc and goes to muslims and try to convince them to buy weapens with promises that no one will know etc and when they finally say ok booom than they jump out and arrest him with all the pump... I think he choice the wrong perosn if they would get him in trouble than the reaction from all shas and community would be wild

38

 Jul 26, 2009 at 10:41 PM HaMayvin Yovin Says:

Reply to #22  
Anonymous Says:

are you people braindead? the point is not that dweck is now even more awful because he tried to get r' yosef in trouble- the point is that r' yosef is a true godol who doesn't take ethical shortcuts, unlike those who got arrested. is dweck a scumbag out to save his own skin? absolutely. but those who dealt with him are just as guilty...

Braindead??? It's interesting that you use that word to describe people's understanding of the story. You write "those who dealt with him are just as guilty..". REALLY??? A real estate swindler and one guilty of bank fraud etc. and someone cashing a check to do someone a favor IS JUST AS GUILTY???? Knock, knock.... Are YOU maybe BRAINDEAD??? You don't see the difference???
And I assume you too are 100% pure and able to stand up and critcize...
Let's see, hmmm, I guess you never went ONE mile over the speed limit. Like maybe 36 mph in a 35 mph zone? I guess you make sure to stop all four wheels when coming to a stop sign. And I guess, if you live in NY state you made sure to pay your "use" tax when buying something without tax over the internet.
So the POINT is there is NO comparisson. The POINT is all you want to do is to stand SIDE BY SIDE with the goyim and denounce Jews. Gives you "brownie" points to do so. Well let me tell you something. It won't help. They hate you too.

39

 Jul 26, 2009 at 10:35 PM Joseph Says:

# 20, you give another meaning to the term "chossid shoiteh."

#24, don't confuse Rabbi Dwek with his son Shlomo. Shlomo is the one who did the bank fraud three years ago and tried to save his own skin with all these set ups. Among them is Eli Ben Haim (whose daughter is married to his own brother), Rabbi Nahum (his father's assistant Rabbi and a big Talmid Chochom), Shaul Amon (who is his brother in law's brother), and Rabbi Kassin (Eli Ben Haim's uncle). There's more to say, but I'm stopping here....

So yes, #24, you basically have it, except you confused Shlomo with this Tzaddik of a father, who is no less a victim, and perhaps even more so. The Rabbi may not have lost money and may not go to trial and/or jail, but he's lost his eldest son, one who perpetrated a massive Chillul Hashem, and caused him tremendous embarrassment forever.

40

 Jul 26, 2009 at 11:31 PM Anonymous Says:

Reply to #34  
Anonymous Says:

"claiming he had nothing to eat and that the rabbi was obligated to save him. " horrible horrible. playing on Rabbis kind hearts. erev Yom Kippur.....

This man needs alot of teshuva..... maybe he will get kaparo, but not in this world, if every....

are you gods spokesperson? do u want god looking into your closets and back yard?

41

 Jul 26, 2009 at 11:13 PM Anonymous Says:

#27 u said very good probably in the end no one will go to jail or very few will go
then u can make bezyonot on the fbi they gained nothing at the end

42

 Jul 27, 2009 at 06:31 AM NeveAliza Says:

Look at the low level we've reached:
"Rabbi David Yosef, the son of Shas party spiritual leader Ovadia Yosef, resisted a bribe offered".
This is a newsworthy item? That a Rav resisted a bribe?

43

 Jul 27, 2009 at 06:22 AM Elements of Entrapment Says:

From the DOJ Criminal Resources Manual:

Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

Inducement is the threshold issue in the entrapment defense. Mere solicitation to commit a crime is not inducement. Sorrells v. United States, 287 U.S. 435, 451 (1932). Nor does the government's use of artifice, stratagem, pretense, or deceit establish inducement. Id. at 441. Rather, inducement requires a showing of at least persuasion or mild coercion, United States v. Nations, 764 F.2d 1073, 1080 (5th Cir. 1985); pleas based on need, sympathy, or friendship, ibid.; or extraordinary promises of the sort "that would blind the ordinary person to his legal duties," United States v. Evans, 924 F.2d 714, 717 (7th Cir. 1991). See also United States v. Kelly, 748 F.2d 691, 698 (D.C. Cir. 1984) (inducement shown only if government's behavior was such that "a law-abiding citizen's will to obey the law could have been overborne"); United States v. Johnson, 872 F.2d 612, 620 (5th Cir. 1989) (inducement shown if government created "a substantial risk that an offense would be committed by a person other than one ready to commit it").

Even if inducement has been shown, a finding of predisposition is fatal to an entrapment defense. The predisposition inquiry focuses upon whether the defendant "was an unwary innocent or, instead, an unwary criminal who readily availed himself of the opportunity to perpetrate the crime." Mathews, 485 U.S. at 63. Thus, predisposition should not be confused with intent or mens rea: a person may have the requisite intent to commit the crime, yet be entrapped. Also, predisposition may exist even in the absence of prior criminal involvement: "the ready commission of the criminal act," such as where a defendant promptly accepts an undercover agent's offer of an opportunity to buy or sell drugs, may itself establish predisposition. Jacobson, 503 U.S. at 550.


44

 Jul 27, 2009 at 07:16 AM Anonymous Says:

if u care about yidden u will do what i am doing... saying kapital tehillin. 130 everyday.
instead of 40 posts loshon hora in a few hours lets see 40 posts committing to take on another mitzvah to bring moshiach now and if we must be in golus any longer atleast to temper it by doing more mitzvahs
please post what mitzvah u r doing if u (kapital 130 daily is a suggestion). please post your mitzvah

45

 Jul 27, 2009 at 05:13 AM Anonymous Says:

At the end of the day, when we get past the sensational tapes and the FBI has to disclose everything, I bet that all the taped conversations will start with Drek saying that it is a mitzva to help him, he is starving etc.

Granted it doesn't make it right but the people that broke the law to help him were suckered in because he came crying and pleading that they help his starving kids.

46

 Jul 27, 2009 at 04:22 AM Anonymous Says:

Reply to #24  
someone please explain Says:

i don't undestand. rabbi dwek was accused of defrauding PNC bank out of 25 mil in 2006 and then was he wearing a wire recording for the FBI? does that mean the FBI was willing to forgo the accusations if dwek was willing to become - in effect - an agent for them? (is that what happened here? i really am not understanding this case, someone please explain.)

basically, you've got it. Law enforcement often does this in big cases. The cut a deal with someone accused of other crimes if he can get in with a new bunch of suspects and entrap them. The trapper gets a lighter sentence or maybe even off the hook entirely. How reliable can his testimony be in such a case? Well, if he's sane he's not going to make his original situation worse by adding perjury to those charges.

47

 Jul 27, 2009 at 04:16 AM Anonymous Says:

Reply to #5  
Just Thinking Says:

The best way to learn to resist such sums of money is to have tons of it. Thank God 25,000 wouldn't change anything in Rabbi David Yosef's life anyways.

tell that to Bernie Madoff. Sometimes wealth fuels greed for more. it's a matter of morality. B"H RAv David showed what he's made of.

48

 Jul 27, 2009 at 07:41 AM Anonymous Says:

Reply to #42  
NeveAliza Says:

Look at the low level we've reached:
"Rabbi David Yosef, the son of Shas party spiritual leader Ovadia Yosef, resisted a bribe offered".
This is a newsworthy item? That a Rav resisted a bribe?

Yes it is news because many of us who folw Rav Ovadia were concerned.

49

 Jul 27, 2009 at 07:32 AM Anonymous Says:

Reply to #43  
Elements of Entrapment Says:

From the DOJ Criminal Resources Manual:

Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

Inducement is the threshold issue in the entrapment defense. Mere solicitation to commit a crime is not inducement. Sorrells v. United States, 287 U.S. 435, 451 (1932). Nor does the government's use of artifice, stratagem, pretense, or deceit establish inducement. Id. at 441. Rather, inducement requires a showing of at least persuasion or mild coercion, United States v. Nations, 764 F.2d 1073, 1080 (5th Cir. 1985); pleas based on need, sympathy, or friendship, ibid.; or extraordinary promises of the sort "that would blind the ordinary person to his legal duties," United States v. Evans, 924 F.2d 714, 717 (7th Cir. 1991). See also United States v. Kelly, 748 F.2d 691, 698 (D.C. Cir. 1984) (inducement shown only if government's behavior was such that "a law-abiding citizen's will to obey the law could have been overborne"); United States v. Johnson, 872 F.2d 612, 620 (5th Cir. 1989) (inducement shown if government created "a substantial risk that an offense would be committed by a person other than one ready to commit it").

Even if inducement has been shown, a finding of predisposition is fatal to an entrapment defense. The predisposition inquiry focuses upon whether the defendant "was an unwary innocent or, instead, an unwary criminal who readily availed himself of the opportunity to perpetrate the crime." Mathews, 485 U.S. at 63. Thus, predisposition should not be confused with intent or mens rea: a person may have the requisite intent to commit the crime, yet be entrapped. Also, predisposition may exist even in the absence of prior criminal involvement: "the ready commission of the criminal act," such as where a defendant promptly accepts an undercover agent's offer of an opportunity to buy or sell drugs, may itself establish predisposition. Jacobson, 503 U.S. at 550.


You think the feds did not know this when they started the process? Ignorance does not put someone above the law. All these Rabbis knew that what they are doing is wrong, but greed blinded them.

50

 Jul 27, 2009 at 01:43 AM G H Says:

The question begs itself, does the FBI not have any legitimate criminals to go after, meaning politicians and citizens who are actively involved in criminal activity, that they have to entice and tempt otherwise honest people such as a rabbi or a newly elected mayor to commit a crime so that they may parade them around and pat themselves on the back in front of the cameras showing off what a good job they are doing fighting crime and corruption.

51

 Jul 27, 2009 at 12:47 AM Anonymous Says:

Reply to #4  
Anonymous Says:

Its probably good that Yosef did not get caught up in this matter....the U.S. would have a difficult time extraditing him from EY to NJ. Its surprising that the FBI would try to entrap Yosef since he does notinter have a reputation as a high living financial manipulator and has actuall published several sephorim about his father's halachic holdings.

so did r' kassin publish seforim on halacha

52

 Jul 27, 2009 at 08:08 AM Tzi Bar David Says:

Reply to #42  
NeveAliza Says:

Look at the low level we've reached:
"Rabbi David Yosef, the son of Shas party spiritual leader Ovadia Yosef, resisted a bribe offered".
This is a newsworthy item? That a Rav resisted a bribe?

#42 hits the nail on the head. "Ovada Yosef resisted a bribe offered." If he could "resist" why couldn't the rest? And don't tell me it was because the rabboim "took pity" on Dwek or "lacked the courage to send him off" every single one of the people dealing with Dwek KNEW who he was, and WHAT he was...and did not care, all they saw were $$$ and jumped. Lie down with dogs get up with fleas.

53

 Jul 27, 2009 at 08:05 AM Anonymous Says:

Reply to #43  
Elements of Entrapment Says:

From the DOJ Criminal Resources Manual:

Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

Inducement is the threshold issue in the entrapment defense. Mere solicitation to commit a crime is not inducement. Sorrells v. United States, 287 U.S. 435, 451 (1932). Nor does the government's use of artifice, stratagem, pretense, or deceit establish inducement. Id. at 441. Rather, inducement requires a showing of at least persuasion or mild coercion, United States v. Nations, 764 F.2d 1073, 1080 (5th Cir. 1985); pleas based on need, sympathy, or friendship, ibid.; or extraordinary promises of the sort "that would blind the ordinary person to his legal duties," United States v. Evans, 924 F.2d 714, 717 (7th Cir. 1991). See also United States v. Kelly, 748 F.2d 691, 698 (D.C. Cir. 1984) (inducement shown only if government's behavior was such that "a law-abiding citizen's will to obey the law could have been overborne"); United States v. Johnson, 872 F.2d 612, 620 (5th Cir. 1989) (inducement shown if government created "a substantial risk that an offense would be committed by a person other than one ready to commit it").

Even if inducement has been shown, a finding of predisposition is fatal to an entrapment defense. The predisposition inquiry focuses upon whether the defendant "was an unwary innocent or, instead, an unwary criminal who readily availed himself of the opportunity to perpetrate the crime." Mathews, 485 U.S. at 63. Thus, predisposition should not be confused with intent or mens rea: a person may have the requisite intent to commit the crime, yet be entrapped. Also, predisposition may exist even in the absence of prior criminal involvement: "the ready commission of the criminal act," such as where a defendant promptly accepts an undercover agent's offer of an opportunity to buy or sell drugs, may itself establish predisposition. Jacobson, 503 U.S. at 550.


I'm sure drewk cut out his pity pleas,or the FBI will do it,from his tapes.

54

 Jul 27, 2009 at 08:04 AM Anonymous Says:

The story as written is classic entrapment, and if the others arrested were in a similar situation, then their cases will be dismissed (unfortunately after the Chilul Hashem). It is illegal for law enforcement to entice you into committing a crime you would otherwise not be involved in.

55

 Jul 27, 2009 at 08:00 AM Insider Says:

Our heimeishe headlines should have read: Rabbis not found in Atlantic City or night clubs. Not one of the five Rabbonim involved is accused of sleazy living. They are identified as having taken the monies for tzedakka and not one source impeaches that statement. They may have violated some techinical laws and would have to apologize and pay a fine. Plainly, they are not criminals. Not the Post and not the Daily News, and surely not the US Attorney have accused any of the rabbis of spending even one cent on themselves. In regard to the "accused" rabbis, this is almost a Kiddush Hashem !!!!!!!

56

 Jul 27, 2009 at 08:00 AM cool masmid Says:

Reply to #42  
NeveAliza Says:

Look at the low level we've reached:
"Rabbi David Yosef, the son of Shas party spiritual leader Ovadia Yosef, resisted a bribe offered".
This is a newsworthy item? That a Rav resisted a bribe?

It was newsworthy in as much that this wasn't a story in the media when this Rabbi (and many others) refused a bribe, whereas the other Rabbis who allegedly did was a huge story. Again its showing the clear bias towards Jews. And you are one of those self hating jews who will look for anything to put down your fellow jew. SHAME ON YOU.

57

 Jul 27, 2009 at 12:16 AM joe shmoe Says:

Anti Semites! I hope that whoever is behind this gets uncovered and imprisoned for longer than madof! Let him rot in hell! He has a great friend, let them go hand in hand. (shlomo drek)

58

 Jul 27, 2009 at 08:16 AM Anonymous Says:

Reply to #49  
Anonymous Says:

You think the feds did not know this when they started the process? Ignorance does not put someone above the law. All these Rabbis knew that what they are doing is wrong, but greed blinded them.

I'm sorry. In most cases this was not greed. He went over to dozens of people and begged each one many many times to cas him checks because his children are starving. At the end some people just couldn't stand his tears anymore and because they had rachmonmus on him and his family , did cash the checks for him. He even tried to do it to Rabbis who had activellly raised money for his legal defense.

59

 Jul 27, 2009 at 08:23 AM Anonymous Says:

Why was Dwek so angry that he sought vengeance?

60

 Jul 27, 2009 at 08:42 AM Shaul in Monsey Says:

The FBI press conference transcripts that could have been:

"Good morning, I am Weysan Dun of the FBI, this morning we are announcing the arrests of numerous mayors and politicians who were captured as the result of Solomon Dweck wearing a wire and offering these officials bribes. Each one of the politicos accepted the bribe offered.

But what is truly amazing about our investigation is that Mr. Dweck approached dozens of rabbis in Boro Park, Deal and Flatbush, and asked them to launder money on his behalf. Each rabbi, from the chief rabbi on down, refused to help Mr. Dweck launder this money even though they sympathized with his problems. And any member of the Jewish community who was approached by Dweck to bribe a building inspector to gain any illegal advantage from the Buildings Department, refused to engage is such behavior.

In addition, we investigated through Mr. Dweck an alleged organ donor ring in Boro Park which we have been trying to crack for years. Despite his best efforts, through Dweck we are closing this investigation as there is no reason to believe anyone in Boro Park is invovled in so heinous a crime.

Again I want to point out that every single member of the Jewish community who was approached by Dweck refused to help him commit a single crime, and not one dollar was laundered through this community. We have hundreds of hours of tapes to verify this."

What a Kiddush Hashem during the 9 days. If only.

61

 Jul 27, 2009 at 08:52 AM Anonymous Says:

Reply to #42  
NeveAliza Says:

Look at the low level we've reached:
"Rabbi David Yosef, the son of Shas party spiritual leader Ovadia Yosef, resisted a bribe offered".
This is a newsworthy item? That a Rav resisted a bribe?

It is news worthy, because it shows to how many, and to what level people this Drek went to plead with them to have pity on him and help him out with cashing checks, it shows he went to numerous askonim, gemachs and rabbis, and all refused.
Those few unfortunately fell into his trap.

62

 Jul 27, 2009 at 10:20 AM moish Says:

he will rot away, his body should rot in pain until he should wish he dies

63

 Jul 27, 2009 at 01:15 PM Anonymous Says:

Reply to #1  
yitz Says:

he is a discusting man for trying to do that didnt he know he was playing with fire thankfully chacham david was smart enough not to fall into this mans trap.

You havto be dan lchaf zchus

64

 Jul 27, 2009 at 01:39 PM Yehuda Says:

Reply to #43  
Elements of Entrapment Says:

From the DOJ Criminal Resources Manual:

Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

Inducement is the threshold issue in the entrapment defense. Mere solicitation to commit a crime is not inducement. Sorrells v. United States, 287 U.S. 435, 451 (1932). Nor does the government's use of artifice, stratagem, pretense, or deceit establish inducement. Id. at 441. Rather, inducement requires a showing of at least persuasion or mild coercion, United States v. Nations, 764 F.2d 1073, 1080 (5th Cir. 1985); pleas based on need, sympathy, or friendship, ibid.; or extraordinary promises of the sort "that would blind the ordinary person to his legal duties," United States v. Evans, 924 F.2d 714, 717 (7th Cir. 1991). See also United States v. Kelly, 748 F.2d 691, 698 (D.C. Cir. 1984) (inducement shown only if government's behavior was such that "a law-abiding citizen's will to obey the law could have been overborne"); United States v. Johnson, 872 F.2d 612, 620 (5th Cir. 1989) (inducement shown if government created "a substantial risk that an offense would be committed by a person other than one ready to commit it").

Even if inducement has been shown, a finding of predisposition is fatal to an entrapment defense. The predisposition inquiry focuses upon whether the defendant "was an unwary innocent or, instead, an unwary criminal who readily availed himself of the opportunity to perpetrate the crime." Mathews, 485 U.S. at 63. Thus, predisposition should not be confused with intent or mens rea: a person may have the requisite intent to commit the crime, yet be entrapped. Also, predisposition may exist even in the absence of prior criminal involvement: "the ready commission of the criminal act," such as where a defendant promptly accepts an undercover agent's offer of an opportunity to buy or sell drugs, may itself establish predisposition. Jacobson, 503 U.S. at 550.


why would the FBI go through all the trouble if they dont have a strong case?

65

 Jul 27, 2009 at 01:38 PM Anonymous Says:

Reply to #45  
Anonymous Says:

At the end of the day, when we get past the sensational tapes and the FBI has to disclose everything, I bet that all the taped conversations will start with Drek saying that it is a mitzva to help him, he is starving etc.

Granted it doesn't make it right but the people that broke the law to help him were suckered in because he came crying and pleading that they help his starving kids.

i bet the fbi wont show the beginning of the tape

66

 Jul 27, 2009 at 01:52 PM Tsadik Says:

Reply to #22  
Anonymous Says:

are you people braindead? the point is not that dweck is now even more awful because he tried to get r' yosef in trouble- the point is that r' yosef is a true godol who doesn't take ethical shortcuts, unlike those who got arrested. is dweck a scumbag out to save his own skin? absolutely. but those who dealt with him are just as guilty...

what happens when they find out that r yoseph was not dealing straight and did help do deals? Agreed that the people who did deals with the rabbis are almost as guilty. Hate to say it but david is not innocent..

67

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