Case 3:14-cr-00287-FLW Document 132 Filed 09/05/14 Page 1 of 6 PageID: 213

LAW OFFICES OF ROBERT G. STAHL , LLC

ROBERT G. STAHL ♦ LAURA K. GASIOROWSKI •‡

JOSHUA F. MCMAHON ♦ •

• Also Admitted in NY ‡ Also Admitted in LA

♦ CERTIFIED BY THE SUPREME COURT WRITER ’S E-MAIL : OF N.J. AS A CRIMINAL TRIAL ATTORNEY RSTAHL @STAHLESQ .COM

September 5, 2014

ECF Filing Magistrate-Judge Douglas E. Arpert United States District Court Clarkson S. Fisher Federal Bldg. & Courthouse 402 E. State Street Trenton, NJ 08608

Re: United States v. Mendel Epstein, et al., 14-CR-00287 (FLW)

Dear Judge Arpert:

Please accept this letter-brief in lieu of a more formal brief in support of Epstein’s Motion to Modify Conditions of Release.

Procedural History

On October 7, 2013, the government filed a Sealed Complaint against Rabbi Epstein and certain co-defendants. (Docket Entry 1). On October 10, 2013, the Court issued a Detention Order against Rabbi Epstein, Rabbi Wolmark, Ariel Potash, Jay Goldstein, Moshe Goldstein, Binyamin Stimler, David Hellman, Simcha Bulmash, Avrohom Goldstein and Sholom Shuchat, ordering all defendants without bail. (Docket Entry 19). On October 16, 2013 , Rabbi Epstein’s prior counsel argued for release from pre-trial confinement. The Court granted a bail package that required home incarceration with electronic monitoring, along with a number of other provisions. This Order allowed the release of Rabbi Epstein from the federal detention center in Philadelphia where he had been held for 10 days. As part of the Conditions of Release, a $1 million bail was secured by property of Rabbi Epstein’s daughter and several co-signors; travel was restricted; reporting to PTS; passports of various family members were surrendered; no

220 ST. PAUL STREET , WESTFIELD , NJ 07090 P 908.301.9001/F 908.301.9008 WWW .STAHLESQ .COM

NY OFFICE : 52 DUANE STREET , 7TH FLOOR , NEW YORK , NY 10007

f Find authenticated court documents without watermarks at docketalarm.com.

Case 3:14-cr-00287-FLW Document 132 Filed 09/05/14 Page 2 of 6 PageID: 214 September 5, 2014 Page 2 of 6

contact with co-defendants, victims or witnesses without counsel present; no participation in Gets or divorce proceedings; execute an irrevocable waiver of extradition; and Electronic Monitoring (“EM”). (Docket Entry 69).

On February 7, 2014, with the government’s consent, the Court entered an Order Modifying Conditions of Release to permit Rabbi Epstein to leave his home between the hours of 5 a.m. and 3 p.m. to travel to and remain at Congregation Chevra Gemiluth Chesed in , and to return some family members’ passports. (Docket Entry 114).

Changed Circumstances

Rabbi Epstein was allowed to travel to Brooklyn to Congregation Chevra Gemiluth Chesed because he had been the Rabbi for the Congregation. However, due to the arrest and Indictment, Rabbi Epstein had been temporarily replaced as the Congregation’s Rabbi. Eventually, Rabbi Epstein was asked to no longer attend services in Brooklyn at his former shul . Rabbi Epstein had been receiving $2,500 a month for his services. Those payments stopped in October 2013. In addition to his salary as Rabbi for the Congregation, Rabbi Epstein earned fees as an advisor or mediator in various civil and matrimonial disputes within the community. The Rabbi would be part of a panel to advocate and decide on cases as a to’ein or borer in a beit din. Since his arrest, the Rabbi has been prohibited from earning a living in this capacity.

In practical terms, Rabbi Epstein is on home incarceration with EM. He is only allowed out from his home on the prior notice to and permission of PTS Officer Casale for religious services, medical and legal appointments and to grocery shop since his wife is unable to because of hip replacement surgery. In order to attend to any of the permitted activities, the doctor or attorney must fax a letter to PTS prior to the appointment seeking permission for the travel and visit. To go grocery shopping at an approved list of stores, the Rabbi must fax the grocery receipts as proof to PTS.

The Rabbi is unable to maintain his home and living expenses since the Conditions of Release and the notoriety of the case have prevented him from his only form of compensation. He is no longer the Rabbi for the Congregation and does not attend religious services at that location. He cannot counsel people as a rabbinical advocate in matrimonial matters, he cannot freely travel to see people in New Jersey and New York in an attempt to rebuild his practice as a to’ain, borer or mediator and he cannot participate in . He cannot practice his religious beliefs and traditional role in the community he has served for over 40 years.

The Rabbi’s average monthly expenses are listed below:

Mortgage & taxes $3,000 Medical Insurance $ 700 Homeowner’s Insurance $ 100 Utilities $1,000 Auto Insurance $ 150

f Find authenticated court documents without watermarks at docketalarm.com.

Case 3:14-cr-00287-FLW Document 132 Filed 09/05/14 Page 3 of 6 PageID: 215 September 5, 2014 Page 3 of 6

Food $1,000 Gas $ 100 Dry Cleaning $ 100 Electronic Monitoring $ 100 ______Total $6,250

With no source of income, the Rabbi has been forced to borrow from family members. In addition, his current credit card debt is approximately $65,000. The burden on family members for living expenses and legal fees is unduly burdensome and overwhelming.

Prior to his arrest, the Rabbi was able to support his monthly living expenses. While he fully understands that the situation has changed, it is respectfully submitted that the least restrictive conditions of release to insure the appearance of the defendant and the safety of the community pursuant to Title 18, United States Code, Section 3142 would permit substantially less restrictive conditions than those currently set.

It is our understanding from speaking with PTS that Rabbi Epstein has been in full compliance with the current conditions. PTS’ official position is that they cannot consent to a modification in the conditions of release unless there are changed circumstances. We respectfully suggest that there are sufficient changed circumstances warranting a modification.

When first arrested, detained and then ultimately released, the Rabbi’s counsel was faced with a slew of allegations against the Rabbi made by the government regarding a number of alleged violent acts. In an effort to obtain the release of an elderly man with a list of physical ailments including a heart condition, high blood pressure and a pre- diabetic condition, the attorney presented the current package that resulted in substantial and sever restrictions. While the conditions of release were extremely restrictive, they allowed the immediate release of Rabbi Epstein to the care of his family and his own physician.

In the past 10 months, the Rabbi has been completely compliant with the terms of release and has been actively involved in his defense. This matter has an initial trial date for February 2015 and will undoubtedly go to trial. With the volume of discovery still being produced and the extensive pre-trial motions that will be filed, the trial date in February is optimistic at best. In the meantime, the Rabbi needs to work and help support himself and his wife. He also faces substantial legal fees and other related defense costs.

In discussions with the government, it is apparent that the AUSAs do not believe that Rabbi Epstein is any real danger to the community. First, the government undoubtedly realizes that the Rabbi is actively defending this case and would never violate the terms of his release by contacting any witnesses or alleged victims directly, or continuing any of the alleged activities in the Indictment. Also, as time has passed, and the government has a better grasp of the case, it is now known that while the Rabbi is

f Find authenticated court documents without watermarks at docketalarm.com.

Case 3:14-cr-00287-FLW Document 132 Filed 09/05/14 Page 4 of 6 PageID: 216 September 5, 2014 Page 4 of 6

charged in the overall conspiracy, the only overt acts against the Rabbi are related to the FBI sting operation. Despite rumors, innuendo and certain statements made at the time of the arrest, no other allegations have been charged against the Rabbi. The government also fully recognizes that this case will involve extensive pre-trial motions and trial, and that Rabbi Epstein is very much engaged in his defense.

There is also no credible potential for flight. Rabbi Epstein is 69 years old, a father of 8 children, with 44 grandchildren and 5 great grandchildren. He was born and raised in the Bronx, has lived in Brooklyn for decades, and most recently Lakewood, New Jersey for the past 8 years. The family home in Brooklyn is listed for sale as the Rabbi can no longer afford the residence and he is attempting to raise funds for legal fees and living expenses. He is a man with no prior record at all. He is a devoted family and religious man. He is a man in guarded health having survived heart surgery in 2000 and requires constant monitoring and medication for his heart and other age related conditions. His daughter has posted her house to secure his $1 million bail, as well as a number of co-signors. The Rabbi’s passport has been surrendered and he has signed an irrevocable waiver of extradition. There is nowhere for the Rabbi to flee to, even if such a ridiculous notion occurred to him, but it has not and never will.

While in no way diminishing the seriousness of the charges in the Indictment, we now know that many of the other allegations made at the bail hearing by the government have not been borne out. We also know much more about the defendant, his lifestyle, his devotion to family and the facts of the case. It is not subject to rationale debate that the Rabbi would never violate the conditions of release as he would never jeopardize the valuable property posted by his daughter and the financial amounts the co-signors would be responsible for. The allegations in the Indictment must be contrasted with the long life of this devote man - a husband, father, and Rabbi.

Most tellingly, and as previously noted, on February 7, 2014, the government consented and the Court granted, an Order Modifying Conditions of Release to permit Rabbi Epstein to leave his home between the hours of 5 a.m. and 3 p.m. to travel to and remain at Congregation Chevra Gemiluth Chesed in Brooklyn. (Docket Entry 114). Thus, there can be no real concern that the defendant would flee or harm others if allowed out during the day to meet with prospective clients and supporters who may offer the Rabbi employment. Without the ability to freely travel between NJ and NY to meet with members of his religious order, at locations of their choosing, the defendant will be unable to find employment. To generate business, the community needs to see that the Rabbi is allowed freedom of movement, albeit limited in geographical scope, without having to fax notices and requests to PTS.

A similar request by co-defendant Binyamin Stimler was made and consented to by the government. (Docket Entry 118). On February 26, 2014, the Court signed an Order Modifying Conditions of Release releasing Mr. Stimler from GPS surveillance and home detention and permitting him to travel within the area without prior consent from PTS. Similarly, on January 23, 2014, the government consented to an Order Modifying Conditions of release for Jay Goldstein to allow him to attend religious

f Find authenticated court documents without watermarks at docketalarm.com.

Case 3:14-cr-00287-FLW Document 132 Filed 09/05/14 Page 5 of 6 PageID: 217 September 5, 2014 Page 5 of 6

services Sunday through Thursday evenings in Brooklyn and afternoon services Sunday through Thursday at another location in Brooklyn. The change effectively allowed Mr. Goldstein out of home confinement 5 days a week. (Docket Entry 107).

Thus, the government’s position with regard to Rabbi Epstein seems inconsistent with that in Mr. Stimler’s case, a co-defendant charged in the identical two counts of the Indictment and a defendant who had been on arguably tighter restrictions - GPS surveillance and home detention; and in Mr. Goldstein’s case wherein he is charged in four counts of the Indictment.

Rabbi Epstien has earned a living as a to’ein or borer for decades. In the Orthodox community, a to’ein is a religious man who has studied for many years, is a man of respect, knowledge and need in the community. He is akin to a religious lawyer who represents members of the community in various disputes – be them civil or matrimonial. Even a secular attorney who has been charged is permitted to continue practicing law – his chosen profession – if and until there is a conviction or bar action. Here in this District and the SDNY there have been numerous examples of attorneys that continued to practice law, even in federal and state criminal courts defending others accused of crimes, until their cases were resolved. To prohibit Rabbi Epstein from continuing in his religious work, at this accusatory stage, should not be permitted, as it is not necessary to accomplish the goals of the Bail Reform Act.

Modifications in Conditions of Release Requested

It is respectfully urged that the following modifications to the conditions of release be granted:

1. Home Incarceration with EM changed to a curfew from 11 p.m. to 5 a.m.; 2. Defendant allowed to travel within New Jersey and New York without notice to PTS; 3. Defendant allowed to stay overnight at his children’s homes in NJ and NY or in a hotel nearby upon prior notice to PTS (there are religious holidays and a bar mitzvah in the coming months); 4. Defendant permitted to work as an advisor/arbitrator in civil matters; 5. Defendant permitted to work as an advisor/arbitrator in matrimonial matters and participate in beth din ; and 6. Defendant permitted to publicly speak and write.

All other conditions of release would remain in effect.

The requested modifications are limited in scope and afford the Court assurance that the conditions of release will be fully complied with. The defendant will not have contact with any witnesses, victims or co-defendants without counsel present. He would be allowed to practice in his profession that he has devoted more than 50 years of his life to, and thus help support himself and his wife.

f Find authenticated court documents without watermarks at docketalarm.com. Explore Litigation Insights

Docket Alarm provides insights to develop a more informed litigation strategy and the peace of mind of knowing you’re on top of things.

Real-Time Litigation Alerts API Keep your litigation team up-to-date with real-time alerts and advanced team management tools built for Docket Alarm offers a powerful API the enterprise, all while greatly reducing PACER spend. (application programming inter- face) to developers that want to Our comprehensive service means we can handle Federal, integrate case filings into their apps. State, and Administrative courts across the country. LAW FIRMS Advanced Docket Research Build custom dashboards for your attorneys and clients with live data With over 230 million records, Docket Alarm’s cloud-native direct from the court. docket research platform finds what other services can’t. Coverage includes Federal, State, plus PTAB, TTAB, ITC Automate many repetitive legal and NLRB decisions, all in one place. tasks like conflict checks, document management, and marketing. Identify arguments that have been successful in the past with full text, pinpoint searching. Link to case law cited FINANCIAL INSTITUTIONS within any court document via Fastcase. Litigation and bankruptcy checks for companies and debtors. Analytics At Your Fingertips Learn what happened the last time a particular judge, E-DISCOVERY AND opposing counsel or company faced cases similar to yours. LEGAL VENDORS Sync your system to PACER to Advanced out-of-the-box PTAB and TTAB analytics are automate legal marketing. always at your fingertips.

® WHAT WILL YOU BUILD? | [email protected] | 1-866-77-FASTCASE