Raphael Golb re-sentenced to 2 months in prison, 3 years probation

Go_To_JailAccording to the AP:

A man convicted of using digital-age tools to impersonate and malign his father’s academic rivals on the ancient subject of the Dead Sea Scrolls was sentenced Monday to two months in jail after the state’s highest court tossed out some of his convictions — and with them, a state aggravated-harassment law.

The sentencing of Raphael Golb, who also got three years’ probation, came after the Court of Appeals upheld convictions on other charges, including criminal impersonation and forgery. Golb had been sentenced earlier to six months’ jail but free on bail during his appeal.

Golb was given a surrender date of July 22, but could ask the courts to hold off the jail term while appealing the case further.

So once again, the courts have decided that Dr. Golb is a convicted criminal. Dr. Golb was sentenced yet again to two months in prison and three years probation.

Raphael Golb, son of Ludwig Rosenberger Professor in Jewish History and Civilization at the Oriental Institute of the University of Chicago Dr. Norman Golb, committed multiple crimes, was caught, lied about it to police, then claimed he was just joking, was convicted, was sentenced, appealed his conviction, was still found to be guilty on multiple counts, and now has been re-sentenced.

Dr. Golb is still guilty. Dr. Golb is still a criminal. Dr. Golb has been sentenced to do time.

(And of course, Dr. Golb will appeal yet again…)


For a history of this case, click here.

 

Dr. Robin Jensen, Vanderbilt file Motions to Dismiss Lawsuit Filed by Simcha Jacobovici

Dr. Robin Jensen and her employer, Vanderbilt University, have filed motions to dismiss the lawsuit brought against them by pseudoarchaeologist, professional filmmaker, and recent filer of multiple lawsuits against critics who disagree with his conclusions, Mr. Simcha Jacobovici.

These legal court filings are available to the public via the Washington DC court website, but as a public service to my readers, I’m making them available here for download as well:

A quick perusal will demonstrate that there are multiple grounds on which the cases should be dismissed, including, but not limited to:

  1. The case is not in Washington DC’s jurisdiction.
  2. The allegation does not meet the threshold for the alleged “conspiracy” with an “unnamed, but not unknown” co-conspirator (who happens to be Joe Zias, whom Mr. Jacobovici is also suing).
  3. The statute of limitations had expired.

Any of the above three reasons are enough to dismiss (or at least transfer to a different jurisdiction) the conspiratorially-minded, frivolous lawsuit designed to intimidate scholars into not criticizing Jacobovici’s highly speculative films about archaeology.

(To his credit, his company’s non-archaeological documentaries are quite good, but his archaeology documentaries are roundly dismissed by scholars in the field, both in the US and Israel, with the exception of those scholars appearing in them or profiting somehow by working with Jacobovici on his archaeo-fantasies.)

Go and read the motions to dismiss Mr. Jacobovici’s most recent lawsuit against a scholar who once found herself working with him.

 

So much for the separation of church and state in Iowa

HOW IN THE NAME OF IOWA could Governor Branstad sign this? How is the even a part of the Governor’s duties?

The governor of our great state of Iowa recently signed a proclamation calling on the people of the state of Iowa to pray and fast and repent according to the text of the Bible.

Again, we’re not talking about the Governor of Kansas or Kentucky, but of Iowa.

Here’s the video.

Hemant Mehta has offered his thoughts on the matter, but allow me to offer a few of my own.

Proclamation signed and issued by the Governor of Iowa, Terry Branstad, inviting Iowans to pray, fast, repent, and 'come together" under the teachings of the deity YHWH so that the deity will "heal our land".

Proclamation signed and issued by the Governor of Iowa, Terry Branstad, inviting Iowans to pray, fast, repent, and unite (lit. “come together”) under the teachings of the deity YHWH so that the deity will “heal our land”.

The Christian equivalent of Sharia law is alive and festering in fundamentalist circles, and those who support the idea of baptizing of our civic administration are scheming increasingly creative ways to sneak religious language and practices into our supposedly secular government.

Read the text of the proclamation here. And note the last paragraph:

“NOW, THEREFORE, I, Terry E Branstad, as Governor of the State of Iowa, do hereby invite all Iowans who choose to join in the thoughtful prayer and humble repentance according to II Chronicles 7:14 in favor of our state and nation to come together on July 14, 2014.”

Now I know that some will come to the governor’s defense and point out that this is a non-binding “proclamation” and not a law, and that the text of the proclamation merely “invites” Iowans to pray instead of “requiring” them to do so. But this is still the Governor of a state calling on residents to pray and repent “according to II Chronicles 7:14″.

And it is the second part of the above line – “according to II Chronicles 7:14″ – that should give us an even greater pause. To be sure, it is a problem for the governor of a state to call on his residents (many of whom are not Jewish or Christian) to participate in acts of devotion and worship to the god YHWH. But when we examine the actual context of the verse invoked in this proclamation, it is all the more troublesome.

The Governor of Iowa issued an executive proclamation specifically employing the text of 2 Chronicles 7:14 to call Iowans to a day of prayer to the Hebrew god YHWH. But please also note that he called on Iowans to participate in “humble repentance according to II Chronicles 7:14.”

And to what precisely are Iowans repenting? “Repentance” implies the leaving behind of our present ways and the turning or returning to the teachings of the god YHWH. Thus, Governor Branstad just signed a proclamation calling on Iowans to return to the specific teachings of a specific god, so that he will bless our land.

What is troubling is that the context of the verse invoked in his proclamation – that of  2 Chronicles 7:12-18 – specifically states that the reason we should we pray to this deity and do what the deity has commanded, is so the deity will “forgive our sin and heal our land.”

Read it for yourself:

2 Chr. 7:12 Then the LORD appeared to Solomon in the night and said to him: “I have heard your prayer, and have chosen this place for myself as a house of sacrifice.
2 Chr. 7:13 When I shut up the heavens so that there is no rain, or command the locust to devour the land, or send pestilence among my people,
2 Chr. 7:14 if my people who are called by my name humble themselves, pray, seek my face, and turn from their wicked ways, then I will hear from heaven, and will forgive their sin and heal their land.
2 Chr. 7:15 Now my eyes will be open and my ears attentive to the prayer that is made in this place.
2 Chr. 7:16 For now I have chosen and consecrated this house so that my name may be there forever; my eyes and my heart will be there for all time.
2 Chr. 7:17 As for you, if you walk before me, as your father David walked, doing according to all that I have commanded you and keeping my statutes and my ordinances,
2 Chr. 7:18 then I will establish your royal throne, as I made covenant with your father David saying, ‘You shall never lack a successor to rule over Israel.’

Does the Governor of Iowa believe that prayer, fasting, and repentance to the teaching of YHWH will “heal the land” of Iowa? Perhaps he does. Should the Governor of Iowa be calling on the residents of Iowa to participate with him in this act of sympathetic magic? Absolutely not!

What is all the more troubling is what specifically the verse invoked in the proclamation is calling upon King Solomon to do. Again, context is key in reading the Bible!

Did the Governor realize that the context of 2 Chronicles 7:14 is the building of the temple to YHWH in Jerusalem?

Again, let us look at the verses that appear on either side of 2 Chronicles 7:14:

2 Chr. 7:11 Thus Solomon finished the house of the LORD and the king’s house; all that Solomon had planned to do in the house of the LORD and in his own house he successfully accomplished.
2Chr. 7:12 Then the LORD appeared to Solomon in the night and said to him: “I have heard your prayer, and have chosen this place for myself as a house of sacrifice.
2Chr. 7:13 When I shut up the heavens so that there is no rain, or command the locust to devour the land, or send pestilence among my people,
2Chr. 7:14 if my people who are called by my name humble themselves, pray, seek my face, and turn from their wicked ways, then I will hear from heaven, and will forgive their sin and heal their land.
2Chr. 7:15 Now my eyes will be open and my ears attentive to the prayer that is made in this place.
2Chr. 7:16 For now I have chosen and consecrated this house so that my name may be there forever; my eyes and my heart will be there for all time.

Dome of the Rock in Jerusalem

The Dome of the Rock in Jerusalem now stands where the Temple in Jerusalem once stood.

Did Governor Branstad realize that this Temple to YHWH in Jerusalem no longer stands, that the Romans destroyed it in 70 CE, and that the Islamic Dome of the Rock stands where the Jewish Temple once stood?

Does the Governor of Iowa realize that invoking the text of 2 Chronicles 7 in an executive proclamation may be seen my some many as a call to re-establish the Jewish Temple in Jerusalem, which would necessarily involve the destruction of the third holiest shrine in Islam, the Dome of the Rock?

Because this is precisely what many fundamentalist Christian and Jewish organizations want to do: rebuild the Third Temple! And this becomes a much bigger problem when Governor Branstad employs a verse that is regularly employed by religious zealots to call for the destruction of the Dome of the Rock and the re-establishment of the Temple to YHWH in Jerusalem.

Yet, this is precisely the context of the passage referred to in the proclamation! Is Governor Branstad calling on Iowans to “pray” to YHWH, and to “repent” to his teachings so that the Temple that YHWH has “chosen and consecrated” will stand forever?? That’s what the verse implies. That is the verse’s context.


This is a clear violation of the principle of separation of church and state, which was first introduced by Thomas Jefferson and made abundantly clear in our US Treaty of Tripoli, which spells out explicitly that:

The Government of the United States of America is not, in any sense, founded on the Christian religion“.

I discuss this further in posts responding to claims that the United States was “founded as a Christian nation.”

Let me say this once more clearly:

We were NOT founded as a Christian nation. We we founded as a secular nation by many Christians, but we were NOT founded as a “Christian nation”.

And our Founders had the foresight to see the problems that would arise should the civic government ever engage in favoring one religion over another. This is because the same First Amendment that allows the freedom of religion for Christians also allows the worship of other gods – a clear violation of the very teachings not to worship other gods referred to in 2 Chronicles 7:14! (Cf. Deut. 13:12-16; Exod. 20:3-5; Matt. 4:10; Matt. 22:36-38; 1 Cor. 10:14) The hypocrisy is palpable.

Invoking the First Amendment of the US Constitution to defend the signing of an executive proclamation citing 2 Chronicles 7:14 is like invoking the Second Amendment in issuing a proclamation calling for the confiscation of all firearms. It is the epitome of irony.

Allow me to offer a parallel example from a different religion to demonstrate my point that this is not only a violation of the principle of separation of church and state, but why so many Iowans may have such a strong reaction to the Governor’s involvement with this particular religious decree.

What if a Fundamentalist Islamic group, let’s say, the Islamic Family Leader, invoked the same First Amendment of the US Constitution to ask the Governor of Iowa to issue a non-binding proclamation that called Iowans to repentance to God and cited Qur’an Sura 9:3:

So if you repent, that is best for you; but if you turn away – then know that you will not cause failure to God. And give tidings to those who disbelieve of a painful punishment.

or Qur’an Sura 9:5(b):

But if they should repent, establish prayer, and give zakah (alms), let them [go] on their way. Indeed, God is Forgiving and Merciful.”

Simple enough, right? Same basic message of 2 Chron. 7:14: beautiful holy verses calling on Iowans to “repent” so as not to incur the wrath of God.

So what if Governor Branstad issued a similar non-binding proclamation that invoked these Qur’anic verses? My guess is that this would anger some in the Christian community, who might begin asking questions about the separation of church and state.

And of course, those objecting might actually go and read the larger context of the Qur’anic verses cited in the Governor’s proclamation, and would find that the proclamation deliberately neglected the context of the words coming just before the verse cited in the proclamation, Sura 9:5a:

And when the sacred months have passed, then kill the polytheists (which likely includes Christians who believe in a triune God, which the Qur’an repeatedly derides as polytheism. Cf. Qur’an Sura 4:171) wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush.”

Do you think some people might object to this?? Might Christians object to a Qur’anic verse calling on Muslims to ambush and kill non-believers at least as much as many Muslims might object to Governor Branstad invoking averse that celebrates the establishment of the Jewish Temple in Jerusalem where the Dome of the Rock now stands? Do you understand how this might make some Iowans unhappy?

This must be the litmus test for invoking religion in state matters. If Christians would object to the Governor of Iowa invoking a Qur’anic verse in an official proclamation, why would they expect others not to object to his invoking a verse from the Bible?

When the elected leader of a secular state calls on citizens of his state to engage in acts of devotion and worship (e.g., prayer, fasting, repentance, etc.) to one god and not to another, the elected leader engages in favoring one religious tradition over another. And while the elected leader may not be “establishing” one religion as the official state religion, by favoring one religion over another, and by calling on citizens to participate in one religion and not another, and by invoking a verse from one sacred book of scripture over another, the elected leader violates the principle of separation of church and state.

Besides, Jesus called on his followers to AVOID large public prayer performances, and instead said,

“But when you pray, go into your room, close the door and pray to your Father, who is unseen. Then your Father, who sees what is done in secret, will reward you.” (Matt. 6:6)

By signing this proclamation, Governor Branstad gains absolutely nothing except a scandal over issues of church and state (and perhaps a sizable campaign contribution or political reconciliation).


In closing, I’d still like to offer Governor Branstad the benefit of the doubt, and believe that he (or at least his advisers) failed to read the “history and purpose” section of the still “under construction” Prayer 7-14-14 website, which is written in the first person by an anonymous author who claims God was speaking to him in visions and dreams.

ScreenCap of the "History and Purpose" page on the prayer7-14-14.com website as of May 30, 2014.

ScreenCap of the “History and Purpose” page on the prayer7-14-14.com website as of May 30, 2014.

Here’s a section from the “History and Purpose” page of the Prayer 7-14-14 website (see screen cap image at right):

“Since 2011 God has been speaking to me through dreams, visions and His word about our NationBelow I have referenced one dream and given two references, in scripture, that show God speaks through dreams and visions and tells us we need to be able to discern the times.. [sic]

Acts 2:17-21
AND IT SHALL COME TO PASS IN THE LAST DAYS, SAYS GOD,  THAT I WILL POUR OUT MY SPIRIT ON ALL FLESH;  YOUR SONS AND YOUR DAUGHTERS SHALL PROPHESY, YOUR YOUNG MEN SHALL SEE VISIONS, YOUR OLD MEN SHALL DREAM DREAMS…I WILL SHOW WONDERS IN HEAVEN ABOVE AND SIGNS IN THE EARTH BENEATH; …THE SUN SHALL BE TURNED INTO DARKNESS, AND THE MOON INTO BLOOD, BEFORE THE COMING OF THE GREAT AND AWESOME DAY OF THE LORD. AND IT SHALL COME TO PASS THAT WHOEVER CALLS ON THE NAME OF THE LORD SHALL BE SAVED!

MATTHEW  16:1-4
WHEN IT IS EVENING YOU SAY, ‘IT WILL BE FOUL WEATHER TODAY, FOR THE SKY IS RED AND THREATENING.’   HYPOCRITES!  YOU KNOW HOW TO DISCERN THE FACE OF THE SKY, BUT YOU CANNOT DISCERN THE SIGNS OF THE TIMES….

ON 4-20-13 God spoke to me through a dream and His word…

In the dream I was writing on a red, white and blue shirt, “Something will start to churn in you today.”  I wanted to change the word to move, but I heard a voice say “NO, it is churn.” I happened to be reading through Hosea again for the third, fourth or fifth time, and I was starting at Chapter 11 that day.  When I got to verse 8, you can see below, it said His heart CHURNS  (just like in the dream)within Him and His sympathy is stirred.

I knew God was is pursuing America to turn back….” (red highlights mine)

Did the Office of the Governor of the State of Iowa really issue a proclamation sponsored by this group??

Sigh.


It is my hope that in the future, elected state officials will refrain from issuing calls for Americans to engage in acts of worship to any god. And if they do persist in this practice, that elected officials would refrain from invoking highly problematic verses from holy books that members of other religious groups might find wholly offensive and alienating.

When the Founders of our nation did mention a deity, they did so in narrowly defined contexts, referring to it, for example, as the “Creator” or as “Nature’s God“, and deliberately refrained from mentioning any specific religion, or from invoking or citing holy scriptures specific to any particular religious tradition.

There is no mention of Jesus or Christianity in the Declaration of Independence. There is no mention of Jesus or Christianity in the Constitution. We were not founded as a Christian nation. God did not write the Constitution. And when a deity was referenced (other than the standard “Year of Our Lord” dating convention), it was in a theistic or Deistic fashion, and not a specifically Christian one. This should serve as a template for those elected leaders who insist on referring to a deity as part of their civic duties.

Calling on citizens to engage in acts of worship to a specific deity and invoking the religious tradition affiliated with that deity only creates problems for the elected official and paints him or her as a tool of fundamentalist religious zealots, who hope to infiltrate our secular government and introduce religious law that our Founders sought to avoid at all costs.


To learn more about the presence of Christianity in our founding documents, take this quiz.

 

NY Court of Appeals Upholds 19 Convictions Against Raphael Golb in Dead Sea Scrolls Case

Raphael Golb had multiple convictions upheld by the NY Court of Appeals. He had appealed the 29 counts on which he was convicted and which the Appellate Division had upheld.

Raphael Golb had multiple convictions upheld by the NY Court of Appeals. He had appealed the 29 counts on which he was initially convicted and which the NY Appellate Division had upheld. The NY Court of Appeals upheld 19 convictions.

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.)

Reaction

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.

DEVELOPING…

Hurt Puppy is Actually a Jedi

Hurt Puppy uses Jedi mind tricks to manipulate the criminal justice system. "These aren't the verdicts you're looking for."

via.

NY Court of Appeals Upholds Raphael Golb’s Conviction on 29 of 30 Counts

Still Guilty - Raphael Golb

Dr. Raphael Golb, son of University of Chicago Oriental Institute historian Dr. Norman Golb, was found guilty on 30 felony and misdemeanor counts of identity theft, forgery, criminal impersonation, aggravated harassment, and the unauthorized use of a computer in the Criminal Division of the New York Supreme Court, September 30, 2010. On January 29, 2013, the New York Supreme Court, Appellate Division, First Department upheld the convictions on 29 of 30 counts for which Golb was convicted.

Word from the New York Supreme Court, Appellate Division, First Department this evening is that a three-judge panel ruled unanimously to uphold the convictions on 29 of 30 felony and misdemeanor counts for which Raphael Golb was convicted in 2010.

In November of 2010, the Criminal Division of the New York Supreme Court found Dr. Raphael Golb, son of University of Chicago Oriental Institute historian Dr. Norman Golb, guilty of 30 felony and misdemeanor counts of identity theft, criminal impersonation, forgery, aggravated harassment, and the unauthorized use of a computer.

Prior to the trial, Golb turned down a plea bargain agreement in which he would have pleaded guilty to two misdemeanors, paid a fine, served 80 hours of community service, and been placed on three years probation.

Instead, Golb was convicted of 2 felony counts and 28 misdemeanors, and was sentenced to six months in prison and five years of probation, in addition to incurring the cost of a jury trial defense and an appeal.

The Court of Appeals issued this decision:

People v Golb
2013 NY Slip Op 00436
Decided on January 29, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 29, 2013
Mazzarelli, J.P., Renwick, Richter, Gische, Clark, JJ.
9101 2721/09

[*1]The People of the State of New York, Respondent,
v
Raphael Golb, Defendant-Appellant.

Ronald L. Kuby, New York, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Vincent
Rivellese of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 18, 2010, convicting defendant, after a jury trial, of identity theft in the second degree (2 counts), criminal impersonation in the second degree (14 counts), forgery in the third degree (10 counts), aggravated harassment in the second degree (3 counts), and unauthorized use of a computer, and sentencing him to an aggregate term of six months, unanimously modified, on the law and facts, to the extent of vacating the identity theft conviction under the first count of the indictment and dismissing that count, and otherwise affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50(5).

One of the two felony counts was vacated and dismissed, but the Appellate Division unanimously denied Golb’s appeal and reaffirmed the guilty verdict on the other 29 counts, including one felony.

The chart below (updated from the who-is-charles-gadda.com website) lists each charge, conviction, and appellate decision of the convicted felon Raphael Golb.

CHARGE
DATE
CHARGE
SUMMARY
VERDICT (Sept. 30, 2010)
APPEAL DECISION (Jan. 29, 2013)
1. 7/1/2008 – 12/31/2008 PL 190.79(3). Identity theft in the second degree
(E-CLASS FELONY) (1 of 2 counts)
Assumed identity of Lawrence Schiffman and committed/attempted to commit felony of Scheme to Defraud 1st Degree.
GUILTY
Vacated and Dismissed
2. 7/1/2008 – 12/31/2008 PL 190.79(3). Identity theft in the second degree
(E-CLASS FELONY) (2 of 2 counts)
Assumed identity of Lawrence Schiffman and committed/attempted to commit felony of Falsifying Business Records 1st Degree
GUILTY
UPHELD
3. 8/1/2008 – 12/31/2008 PL 240.30(l)(a) Aggravated harassment in the second degree
(1 of 3 counts)
Aggravated harassment of Dr. Lawrence Schiffman
GUILTY
UPHELD
4. 8/3/2008 PL 190.25(1) Criminal impersonation in the second degree
(1 of 14 counts)
Created larry.schiffman@gmail.com email account
GUILTY
UPHELD
5. 8/4/2008 PL 190.25(1) Criminal impersonation in the second degree
(2 of 14 counts)
Sent email from larry.schiffrnan@gmail.com to Dr. Schiffman’s students
GUILTY
UPHELD
6. 8/4/2008 PL 170.05. Forgery in the third degree
(1 of 10 counts)
Sent email from larry.schiffrnan@gmail.com to Dr. Schiffman’s students
GUILTY
UPHELD
7. 8/5/2008 PL 190.25(1) Criminal impersonation in the second degree
(3 of 14 counts)
Sent email from larry.schiffman@gmail.com to multiple NYU email addresses
GUILTY
UPHELD
8. 8/5/2008 PL 170.05. Forgery in the third degree
(2 of 10 counts)
Sent email from larry.schiffman@gmail.com to multiple NYU email addresses
GUILTY
UPHELD
9. 8/5/2008 PL 190.25(1) Criminal impersonation in the second degree
(4 of 14 counts)
Sent email from larry.schiffman@gmail.com to NYU Dean Stimpson
GUILTY
UPHELD
10. 8/5/2008 PL 170.05. Forgery in the third degree
(3 of 10 counts)
Sent email from larry.schiffman@gmail.com to NYU Dean Stimpson
GUILTY
UPHELD
11. 8/5/2008 PL 190.25(1) Criminal impersonation in the second degree
(5 of 14 counts)
Sent email from larry.schiffman@gmail.com to NYU provost
GUILTY
UPHELD
12. 8/5/2008 PL 170.05. Forgery in the third degree
(4 of 10 counts)
Sent email from larry.schiffman@gmail.com to NYU provost
GUILTY
UPHELD
13. 8/6/2008 PL 190.25(1) Criminal impersonation in the second degree
(6 of 14 counts)
Sent email from larry.schiffman@gmail.com to NYUNews.com, forwarding email from Provost office.
GUILTY
UPHELD
14. 8/6/2008 PL 170.05. Forgery in the third degree
(5 of 10 counts)
Sent email from larry.schiffman@gmail.com to NYUNews.com, forwarding email from Provost office.
GUILTY
UPHELD
15. 11/22/2008 PL 190.25(1) Criminal impersonation in the second degree
(7 of 14 counts)
Created email account seidel.jonathan@gmail.com
GUILTY
UPHELD
16. 11/22/2008 PL 190.25(1) Criminal impersonation in the second degree
(8 of 14 counts)
Sent email from seidel.jonathan@gmail.com to Royal Ontario Museum (ROM)
GUILTY
UPHELD
17. 11/22/2008 PL 170.05. Forgery in the third degree
(6 of 10 counts)
Sent email from seidel.jonathan@gmail.com to Royal Ontario Museum (ROM)
GUILTY
UPHELD
18. 11/24/2008 PL 190.25(1) Criminal impersonation in the second degree
(9 of 14 counts)
Sent email from seidel.jonathan@gmail.com to Risa Kohn (ROM’s curator for Dead Sea Scrolls exhibit)
GUILTY
UPHELD
19. 11/24/2008 PL 170.05. Forgery in the third degree
(7 of 10 counts)
Sent email from seidel.jonathan@gmail.com to Risa Kohn (ROM’s curator for Dead Sea Scrolls exhibit)
GUILTY
UPHELD
20. 11/24/2008 PL 190.25(1) Criminal impersonation in the second degree
(10 of 14 counts)
Sent email from seidel.jonathan@gmail.com regarding Norman Golb
GUILTY
UPHELD
21. 11/24/2008 PL 170.05. Forgery in the third degree
(8 of 10 counts)
Sent email from seidel.jonathan@gmail.com regarding Norman Golb
GUILTY
UPHELD
22. 12/6/2008 PL 190.25(1) Criminal impersonation in the second degree
(11 of 14 counts)
Sent email from seidel.jonathan@gmail.com regarding Stephen Goranson internet post
GUILTY
UPHELD
23. 12/6/2008 PL 170.05. Forgery in the third degree
(9 of 10 counts)
Sent email from seidel.jonathan@gmail.com regarding Stephen Goranson internet post
GUILTY
UPHELD
24. 7/1/2008 – 12/31/2008 PL240.30(l)(a) Aggravated harassment in the second degree
(2 of 3 counts)
Aggravated Harassment of Stephen Goranson
GUILTY
UPHELD
25. 8/7/2008 PL 190.25(1) Criminal impersonation in the second degree
(12 of 14 counts)
Created email account steve.goranson@gmail.com
GUILTY
UPHELD
26. 7/20/2008 PL 190.25(1) Criminal impersonation in the second degree
(13 of 14 counts)
Created email account frank.cross2@gmail.com
GUILTY
UPHELD
27. 7/20/2008 PL 190.25(1) Criminal impersonation in the second degree
(14 of 14 counts)
Sent email from frank.cross2@gmail.com regarding Bart Ehrman and the Jewish Museum
GUILTY
UPHELD
28. 7/20/2008 PL 170.05. Forgery in the third degree
(10 of 10 counts)
Sent email from frank.cross2@gmail.com regarding Bart Ehrman and the Jewish Museum
GUILTY
UPHELD
29. 6/1/2007 – 3/1/2009 PL 240.30(l)(a) Aggravated harassment in the second degree
(3 of 3 counts)
Aggravated harassment of Robert Cargill
GUILTY
UPHELD
30. 7/1/2008 – 3/1/2009 PL 156.05 Unauthorized use of a Computer
(1 count)
Unauthorized use of NYU computers to commit criminal offenses and otherwise in violation of NYU computer use policy
GUILTY
UPHELD

The rest of the appellate court’s decision reads as follows:

Defendant’s convictions arise out of his use of emails to impersonate actual persons. Nothing in this prosecution, or in the court’s jury charge, violated defendant’s First Amendment or other constitutional rights.

Defendant is the son of an expert on the Dead Sea Scrolls. Defendant set up email accounts in which he pretended to be other scholars who disagreed with defendant’s father’s opinion on the origin of the Scrolls. Among other things, defendant sent emails in which one of his father’s rivals purportedly admitted to acts of plagiarism.

Defendant’s principal defense was that these emails were only intended to be satiric hoaxes or pranks. However, as it has been observed in the context of trademark law, “[a] parody must convey two simultaneous – and contradictory – messages: that it is the original, but also that it is not the original and is instead a parody” (Cliffs Notes, Inc. v Bantam Doubleday Dell Pub. Group, Inc., 886 F2d 490, 494 [2d Cir 1989]). Here, the evidence clearly established that defendant never intended any kind of parody. Instead, he only intended to convey the first message to the readers of the emails, that is, that the purported authors were the actual authors. It was equally clear that defendant intended that the recipients’ reliance on this deception would cause harm to the purported authors and benefits to defendant or his father.

The court’s charge, which incorporated many of defendant’s requests, fully protected his constitutional rights, and the court was not required to grant defendant’s requests for additional instructions. The court carefully informed the jury that academic discussion, parody, satire and the use of pseudonyms were protected by the First Amendment.

The court also ensured that the jury understood the terms “fraud” and “defraud” by [*2]expanding their definition and advised the jury that “without the intent to deceive or defraud as to the source of the speech with the intent to reap a benefit from that deceit, there is no crime.” The court was under no obligation to limit the definitions of “injure” or “defraud” – terms used in the forgery and criminal impersonation statutes – to tangible harms such as financial harm (see People v Kase, 76 AD2d 532, 537-538 [1st Dept 1980], affd 53 NY2d 989 [1981]). The court also properly employed the statutory definition of “benefit” as “any gain or advantage” to defendant or to another person (Penal Law § 10.00[17]).

Defendant argues that it is constitutionally impermissible to include an intent to influence a constitutionally-protected academic debate within the concept of fraud, injury or benefit, that allowing injury to reputation to satisfy the injury element would effectively revive the long-abandoned offense of criminal libel, and that, in any event, the alleged truth of the content of the emails should have been permitted as a defense. However, the evidence established that defendant intended harm that fell within the plain meaning of the term “injure,” and that was not protected by the First Amendment, including damage to the careers and livelihoods of the scholars he impersonated. Defendant also intended to create specific benefits for his father’s career. The fact that the underlying dispute between defendant and his father’s rivals was a constitutionally-protected debate does not provide any First Amendment protection for acts that were otherwise unlawful.

Defendant was not prosecuted for the content of any of the emails, but only for giving the false impression that his victims were the actual authors of the emails. The First Amendment protects the right to criticize another person, but it does not permit anyone to give an intentionally false impression that the source of the message is that other person (see SMJ Group, Inc. v 417 Lafayette Restaurant LLC, 439 F Supp 2d 281 (SD NY 2006]).

We have considered and rejected defendant’s remaining arguments concerning the court’s charge. We similarly reject his claims that the statutes under which he was convicted were unconstitutionally vague or overbroad. None of these statutes was vague or overbroad on its face or as applied (see People v Shack, 86 NY2d 529, 538 [1995]; Broadrick v Oklahoma, 413 US 601, 611-616 [1973]). The People were required to prove that defendant had the specific fraudulent intent to deceive email recipients about his identity, and to obtain benefits or cause injuries as a result of the recipients’ reliance on that deception. The statutes criminalized the act of impersonation and its unlawful intent, not the content of speech falsely imputed to the victims.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence, with the exception of the identity theft conviction under the first count. The theory of that count was that in the commission of identity theft in the second degree (Penal Law § 190.79[3]), defendant attempted to commit the felony of scheme to defraud in the first degree [*3](Penal Law § 190.65[1][b]). However, there was no evidence that defendant intended to defraud one or more persons of property in excess of $1,000 or that he attempted to do so (see id.). The People’s assertions in this regard rest on speculation.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 29, 2013

CLERK

(emphases mine)

If Dr. Golb stays true to form, he will almost certainly appeal this again, perhaps in some other jurisdiction. If nothing else, this case has demonstrated that certain people have tremendous difficulty putting down the shovel after digging themselves into a hole.

Still, I am pleased with the court’s decision. While the wheels of justice turn slowly, and afford the guilty every possible avenue of defense, the process has demonstrated that it works in the end.

Call for Letters in Support of Christopher Rollston

Dr. Chris Rollston

Dr. Christopher Rollston, the Toyozo W. Nakarai Professor of Old Testament and Semitic Studies at Emmanuel Christian Seminary

I’d like to announce an open call for letters in support of Dr. Christopher Rollston, who Emmanuel Christian Seminary is presently attempting to terminate, despite the fact that he is a tenured professor holding an endowed chair.

Emmanuel’s egregious and (I believe the courts will show) unlawful actions have triggered an unprecedented and nearly unanimous shower of support and praise for Dr. Rollston, including letters from a wide range of scholars and alums who would otherwise disagree on any number of theological issues. Emmanuel’s actions are not only harmful to its own, now tarnished reputation, but also harmful to the generally accepted concepts of tenure and academic freedom, which serve as the foundation for accredited academic institutions of higher learning.

As this scandal has dragged on, Emmanuel has yet to offer even a single public acknowledgment or explanation of its actions. Emmanuel must realize that simply ignoring the problem, dragging out the process, and hoping that scholars will forget what Emmanuel has done is not an effective solution to the problem they’ve created. I am certain that if this ugly episode is not resolved by the AAR/SBL annual meetings in Chicago, word of Emmanuel’s actions will only further spread to faculty members of other schools and to potential graduate students, creating even deeper recruiting problems for Emmanuel as they attempt to deal with a crushing financial crisis that may very well result in Emmanuel being taken over by another sister institution.

Of course, this financial crisis is one of the reasons Emmanuel President Michael Sweeney actually listed in his letter to Dr. Rollston detailing why they were initiating the termination process. (A potential significant donation from a donor who didn’t like Rollston is also mentioned.) And if the fact that Emmanuel began termination proceedings against Dr. Rollston wasn’t wrong enough, the fact that his Emmanuel supervisor, Dr. Paul Blowers, divulged the supposedly confidential personnel matter to the public via Facebook (see here, at the bottom) is all the more legally problematic for Emmanuel.

(For more background on the scandal, read the Inside Higher Ed article that was published last month, or read my previous blog entries here and here and here.)

As word of what Emmanuel has done spreads and begins to dominate conversations among professors in our well-networked field at AAR/SBL, it will only further expose Emmanuel’s shameful actions, and likely further bolster Dr. Rollston’s legal case.

Therefore, I’d like to make a public call for letters in support of Dr. Christopher Rollston.

If you would like to submit a letter in support of Dr. Rollston, please email it to me at robert-cargill@uiowa.edu. I shall add your letter to the list below, and announce it with a blog post when it arrives.

I’d like to ask all bloggers to repost this call for letters, as it will help make clear to the administration of Emmanuel Christian Seminary that this issue is not going away, and their actions will not soon be forgotten.


List of individuals in
support of Dr. Christopher Rollston
:

List of individuals in
support of the actions taken by Emmanuel Christian Seminary:

Adrienne Armes (Emmanuel School of Religion alum) here
Travis Armes (Emmanuel School of Religion alum) here
Dr. Hector Avalos (Iowa State University) here
Jeremiah Bailey (Duke University) here
Dr. Katya Barbash (Brooklyn Museum) here
Joseph Beal (Emmanuel School of Religion alum) here
Adam Bean (Emmanuel Christian Seminary alum) here
Dr. Ted Booth (Lincoln Memorial University here
James Bos (University of Mississippi) here
Dr. Athalya Brenner (Tel Aviv University/Universiteit van Amsterdam, The Netherlands) here
Dr. Robert Cargill (University of Iowa) here, here, here
Steve Caruso (Rutgers University and The Aramaic Blog) here
Dr. Jerrold S. Cooper (The Johns Hopkins University) here
Josh Covey (Emmanuel Christian Seminary alum) here
Dr. Jim Davila (University of St Andrews) here
Heather Dana Davis Parker (The Johns Hopkins University) here
Jason Eisele (Emmanuel Christian Seminary alum) here
Bradley England (Emmanuel Christian Seminary alum) here
Christopher Frisina (American University) here
Dr. Mark Goodacre (Duke University) here
Dr. Stephen Goranson (Duke University) here
Nathaniel Green (University of Wisconsin-Madison) here, here
Dr. Edward L. Greenstein (Bar-Ilan University) here
Rick Hauser (International Institute for Mesopotamian Area Studies) here
Nathan Hawkins (Emmanuel School of Religion) here
Dr. Chris Heard (Pepperdine University) here
Dr. Ronald Hendel (UC Berkeley) here
Dr. Larry Herr (Canadian University College) here
W.G. Hulbert (Baylor University) here
Katya Ivanova (London School of Economics) here
Rev. Wes Jamison (Colesville Presbyterian Church) here
Dr. Chris Keith (St. Mary’s University College, Twickenham, London) here
Dr. Robert M. Kerr (Wilfrid Laurier University) here
Rachel Knowles (Emmanuel School of Religion) here
Kristina Linden (Emmanuel School of Religion) here
Dr. Jim Linville (University of Lethbridge) here
Dr. P. Kyle McCarter (The Johns Hopkins University) here, here
Dr. James McGrath (Butler University) here
Brian McGrath Davis (Emmanuel Christian Seminary) here
Anat Mendel (Hebrew University, Jerusalem) here
Jeff Morgan (Emmanuel Christian Seminary) here
Mychal Nemetchek (University of Manitoba) here
Stephen Paul (Emmanuel School of Religion) here
R.J. Powell (East Tennessee State University) here
Jared Poznich (Emmanuel Christian Seminary) here
Carrie Mayes San Angelo (Milligan College alum) here
Duane Smith (Independent Scholar) here
Thomas Stark (Emmanuel School of Religion) here, here
Dr. Matthew J. Suriano (University of Maryland) here
Dr. Marvin A. Sweeney (Claremont School of Theology) here
Dr. James Tabor (UNC, Charlotte) here
Dr. Juan Manuel Tebes (Pontificia Universidad Católica Argentina)
Thomas Verenna (Rutgers University) here, here, here
Dr. Richard Voelz (Vanderbilt University) here
Joel Watts (United Theological Seminary) here, here
Dr. Bruce Wells (Saint Joseph’s University) here, here
Dr. Jim West (Quartz Hill) here
Matthew Worsfold (Emmanuel Christian Seminary) here
Joe Zias (Israel Antiquities Authority, retired) here
Dr. Paul Blowers (Emmanuel Christian Seminary) here
Dr. Michael Pakaluk (Ave Maria University)
Roger Pearse (unaffiliated)
“Dr.” David Tee (unaffiliated)
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