The NY Court of Appeals today affirmed and upheld a total of 19 convictions of Raphael Golb, son of Dr. Norman Golb, Ludwig Rosenberger Professor in Jewish History and Civilization at the Oriental Institute of the University of Chicago, in a bizarre internet cybercrime case stemming from crimes committed beginning in 2007.
The NY Court of Appeals upheld 9 convictions of criminal impersonation and all 10 forgery convictions in the case of the People of NY v. Raphael Golb, in which the defendant created an army of pseudonymous online sock puppets to criticize, harass, and ultimately impersonate various scholars who disagreed with the academic findings of his father, Dr. Norman Golb, concerning the Dead Sea Scrolls.
The court vacated the top charge of identity theft (felony), 5 criminal impersonation convictions, all aggravated harassment convictions, as well as the conviction on the count of unauthorized use of a computer.
For the reasons that follow, we affirm the convictions for nine counts of criminal impersonation in the second degree and all of the convictions for forgery. We vacate the conviction for identity theft in the second degree; five of the convictions for criminal impersonation in the second degree; all of the convictions for aggravated harassment in the second degree, and the conviction for unauthorized use of a computer.
(For more, visit the NY Court of Appeals “Decisions” page.)
The vacating of the lone felony charge may mean reduced or no jail time for Dr. Golb, but that will be for the NY Supreme Court to decide, as the case has been remitted to them for resentencing:
Accordingly, the order of the Appellate Division should be modified by vacating the convictions for Counts 2, 3, 5, 23, 29, 40, 42, 44, 48, and 51, dismissing those counts of the indictment, and remitting to Supreme Court for resentencing, and, as so modified, affirmed. [emphasis mine]
Keep in mind, however, that while the now vacated felony count carried a sentence of six months and 5 years probation, the misdemeanor counts also carried three month prison sentences and three years probation of their own. So there is a chance that Dr. Golb’s prison sentence may be reduced, but as 19 misdemeanor counts were affirmed, he could still serve time.
(For a list of convictions that were earlier upheld by the Appellate Division, see my earlier post from Jan. 29, 2013 here.)
I offered an initial response when Dr. Golb was initially sentenced. I’ll add only the following:
For all those involved, this has been a grueling time. At the end of the day, Dr. Golb has been found guilty on 19 counts in a truly groundbreaking cybercrime case, which I’m sure many future cases will reference.
Raphael Golb is not only an internet troll, but he’s also a criminal and now a convict. A jury of his peers, the NY Appellate Division, and now the NY Court of Appeals have all said so.
And while one might argue that sending pseudonymous letters to multiple supervisors containing speech that is intended to harass and “destroy the career prospects of a really nice guy” is not criminal harassment, it is difficult to argue that forgery and criminal impersonation are “protected” speech. That is where Dr. Golb’s actions became criminal, and that is what the court has upheld.
Throughout this ordeal, we also learned that Raphael Golb’s father, Dr. Norman Golb, not only knew about some of the activities of his son, but participated in informing them.
This is simply a sad case of academic pride run amok, and an example of the lengths to which some scholars will go to defame and injure those scholars who happen to disagree with their theories, including knowledgeably working with one’s children, who have created an army of internet sockpuppets to commit crimes against others.
While I don’t feel any better now that the NY Court of Appeals has determined that I wasn’t harassed (at least not “criminally”), I am satisfied that Dr. Golb was found guilty on multiple counts, and that both the Appellate Division and the NY Court of Appeals have affirmed these convictions.
I should like to think that this will be the end of this mess, but I’m certain that this saga will continue. Dr. Golb has already vowed further appeals all the way to the US Supreme Court if allowed. For now, I take satisfaction in knowing that the wheels of justice, however slow, have once again arrived at a correct decision, and will continue to do so.
Filed under: archaeology, dead sea scrolls, internet, justice and legal, qumran, robert cargill, scholarship, ucla, University of Iowa Tagged: | aggravated harassment, criminal impersonation, forgery, identity theft, jail, lawrence schiffman, norman golb, ny court of appeals, NY Supreme Court, raphael golb, stephen goranson, unauthorized use of a computer, university of chicago, verdict