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.

quote of the day: “i’m not going to argue with you, he was cute.”

Dr. Robert R. Cargill appears on Discovery Channel

"I'm not going to argue with you, he was cute." - Defense attorney David Breitbart on Dr. Robert R. Cargill.

In my review of the transcripts of the case of the People of New York vs. Raphael Golb, I came across the following statement, which caused me to laugh. The blush-inducing statement was made by Dr. Golb’s defense attorney, David Breitbart, during his summation (closing arguments). In his summarization of my testimony, Mr. Breitbart opened with the following:

“Let me call your attention to a young man by the name of Robert Cargill. I’m not going to argue with you, he was cute. I’m not going to argue with you. We [the defense lawyers] don’t look at anything else except you folks [the jury] and the witness, so we know he was considered cute, but that’s not the point.”

- Attorney for Raphael Golb, David Breitbart, during his closing arguments speaking to the jury about Dr. Robert R. Cargill (p. 1200, lines 8-12 of the court transcripts).

To my recollection, the jury was made up of a fairly equal number of men and women, most of whom were my age (and by that, I mean younger ;-). Apparently, Mr. Breitbart felt that I made a good impression on the jury, and so attempted to separate what I said from the one saying it. And, while I am fully aware that Dr. Golb’s attorney, Mr. Breitbart, shortly thereafter proceeded in his attempt to impugn my credibility, and that his use of the word “cute” was actually pejorative (that is, cute only, which is never good for scholars and news anchors), I find it humorous (as well as quite consistent with my experiences in life) that even in a courtroom, with the exception of my wife, the kindest compliments about my appearance still come from men, not women. Go figure.

I’m not really certain how to respond, other than to say, “Thank you, Mr. Breitbart. It was the kindest (and I’m guessing the only kind) thing you said about me all day.” ;-)

golb gets 6 months in jail, 5 years probation

Raphael Golb is handcuffed and led from the courtroom to prison after being sentenced to 6 months in jail for 30 counts of identity theft, forgery, criminal impersonation, aggravated harassment, and the unauthorized use of a computer.

Raphael Golb is handcuffed and led from a Manhattan State Supreme courtroom in New York to prison after being sentenced to 6 months in jail and 5 years probation. Golb, son of University of Chicago Oriental Institute historian Dr. Norman Golb, was convicted on 30 felony and misdemeanor counts of identity theft, forgery, criminal impersonation, aggravated harassment, and the unauthorized use of a computer. Photo: Steven Hirsch

Raphael Golb, son of University of Chicago Oriental Institute historian Dr. Norman Golb, has been sentenced to 6 months in jail and 5 years probation after being found guilty on September 30, 2010 of 2 felony and 28 misdemeanor counts of identity theft, criminal impersonation, forgery, aggravated harassment, and the unauthorized use of a computer.

Raphael Golb, son of University of Chicago Oriental Institute historian Dr. Norman Golb.

Raphael Golb. Photo: Steven Hirsch

The charges stem from a bizarre case where Dr. Golb used an army of internet aliases to falsely charge his father’s perceived rival, NYU Judaic Studies professor Dr. Lawrence Schiffman, with plagiarism, and then criminally impersonated Dr. Schiffman by opening an email account in Schiffman’s name, emailing Schiffman’s students and colleagues, and “admitting” to the “plagiarism” on Schiffman’s behalf.

Before the trial, Golb turned down a plea deal where he would have pleaded guilty to two misdemeanors, paid a fine, and received two years probation. With guilty verdicts including two felony counts, Dr. Golb not only faces jail time and 5 years probation, but also faces the additional consequence of being disbarred from the New York Bar Association.

David K. Li / NY Post (Nov. 18)
David K. Li / NY Post (Nov. 19)
Jennifer Peltz / AP (Nov. 18)
Melissa Grace / NY Daily News (Nov. 18)
Paige Chapman / Chronicle of Higher Education (Nov. 18)
John Eligon / NY Times (Nov. 18)

 


For the record, I’ll make the following statement:

 

“I am satisfied with the verdict and the sentence in the case of the People of New York vs. Raphael Golb. The sentence fits the crime. During the trial, Dr. Golb showed no remorse, never apologized for his actions, believed what he did wasn’t wrong, and stated flatly that he’d do it again. The disingenuous apology he did finally offer epitomized his defiance:

“I’m sorry for all the wounding of feelings that my e-mail antics have caused…Before this case, I did not know that satirical hoaxes of the sort were treated as crimes in the United States of America.”

He abused the protected speech afforded him by the criminal trial process to attack his victims further, escalating his absurd and false accusations against his victims with the knowledge he could not be sued in civil court. He knew he was guilty, but decided to take as many people as he could down with him. He misused the criminal proceedings against him in attempt to put a leading scholar in the field and a good man, Dr. Lawrence Schiffman, on trial for something he did not do. Because Dr. Golb wasted the people of New York’s time and money in a trial he used as little more than a soapbox for his father’s dismissed scholarly views and a weapon to attack his victims further, I believe the sentence is appropriate.

I am thankful to Assistant District Attorney Bandler and his staff for their hard work in this case. I am thankful to Judge Berkman, who presided over a fair and impartial courtroom. I am pleased that the criminal justice system worked, and that justice was ultimately done. Most of all, I am thankful to my UCLA colleagues and especially NELC Department Chairs, Dr. William Schniedewind and Dr. Elizabeth Carter, and Humanities Division Dean, Dr. Tim Stowell, for their support throughout this entire ordeal. I am also grateful for my wife, Roslyn, and daughter, Talitha, for the love and support they’ve shown me throughout this case.

Please do not mistake my reaction to the verdict and sentence in this case as a happy one. I am not happy about this entire ordeal. No one wins in a situation like this. This is nothing but a tragedy, where academic pride and malice were unleashed in a well-coordinated effort on the internet with the deliberate intent of harming the reputations of other scholars.

If there is one lesson to be learned from this case, it is that there is no such thing as anonymity on the internet. Scholars must be willing to stand behind any statements they make in their own name or else not make them at all. While anonymity has been used in the past to make unpopular and dissenting speech, and while this right of free speech should be protected under the law, what Dr. Golb did – using anonymity as a weapon to attack good scholars via criminal impersonation, forgery, identity theft, and for aggravated harassment against others – is shameful. It is a violation of the law and dishonors the memories of those who have fought and died for the freedom we call “free speech.”

It is a sad reality that Raphael Golb set out in an attempt to rewrite the legacy of his father, University of Chicago historian Dr. Norman Golb. But, because he employed deceitful, unprofessional, and illegal methods to do so, he has ultimately tarnished his father’s legacy perhaps beyond repair. And, because evidence from the trial proceedings demonstrated that Dr. Norman Golb not only knew about, but appears to have participated in some of his son’s scorched earth campaign of defamation against other scholars, perhaps this disgraced legacy is not wholly unwarranted. This is perhaps the worst sentence of all.

I am satisfied with the outcome. I have moved on. However, because Dr. Golb has vowed to appeal, and thereby prolong this case, I unfortunately believe this is not the end, but rather only the latest, never-ending chapter in the continued legacy of the Dead Sea Scrolls.”

Robert R. Cargill, Ph.D.

 


 

Raphael Golb "apologizing" from a prepared statement, which included the recitation of several definitions of 'sarcasm,' 'satire,' and 'irony.' Photo by Hermann for News.

Raphael Golb "apologizing" from a prepared statement, which included the recitation of several definitions of "sarcasm," "satire," and "irony," for the judge. Photo: Hermann for News.

DR. GOLB FOUND GUILTY! – New York Criminal Court Finds Golb Guilty of Multiple Counts of Identity Theft, Forgery, Criminal Impersonation, Aggravated Harassment


“This refers to the Spouter of Lies (מטיף הכזב), who deceived many…

1QpHab 10:9
(Pesher Habakkuk is a Dead Sea Scroll from Qumran Cave 1)


 

Dr. Raphael Golb, son of University of Chicago Oriental Institute historian Dr. Norman Golb, was found guilty on 51 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.

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.

The Criminal Division of the New York Supreme Court has found Dr. Raphael Golb, son of University of Chicago Oriental Institute historian Dr. Norman Golb, GUILTY of multiple felony and misdemeanor counts of identity theft, criminal impersonation, forgery, aggravated harassment, and the unauthorized use of a computer. The charges stem from a bizarre case where Dr. Golb used an army of internet aliases to falsely charge his father’s perceived rival, NYU Judaic Studies professor Dr. Lawrence Schiffman, with plagiarism, and then criminally impersonated Dr. Schiffman by opening an email account in Schiffman’s name, emailing Schiffman’s students and colleagues, and admitting to the “plagiarism” on Schiffman’s behalf. Dr. Golb was also charged with criminally impersonating and/or assuming the identity of Dr. Frank Moore Cross, Dr. Jonathan Seidel, Dr. Jeffrey Gibson, Dr. Stephen Goranson; the aggravated harassment of Dr. Lawrence Schiffman, Dr. Stephen Goranson, and Dr. Robert Cargill; and of the unauthorized use of a NYU computer.

The 12-person jury of Dr. Golb’s peers wasted little time in finding him guilty on multiple counts.

So much for the “it may not be very nice, but it’s not illegal” defense. It’s illegal too!

Dr. Golb admitted under cross-examination that he lied to police during his initial arrest interview, and that he had indeed created all of the emails he sent to NYU and UCLA faculty and administrators.

Dr. Golb’s defense attorneys, Ron Kuby (who is notable enough to have a Wikipedia page ;-) and David Breitbart, attempted to argue that Dr. Golb’s criminal impersonation, identity theft, and forgery were protected under the U.S. Constitution’s First Amendment right to free speech. The jury apparently was not impressed with the defense’s attempt to use protected speech afforded it by the criminal justice process (witnesses cannot sue the defense for libelous, defamatory, and/or false claims made during the trial) to attack Dr. Golb’s victims further. Despite attempting to turn the trial into a referendum on Dr. Golb’s views about the Dead Sea Scrolls, attempting to put Dr. Schiffman on trial for plagiarism he did not commit, or using a parody/satire/I was just kidding/it was all a joke defense, the jury saw through defense tactics and found Dr. Golb guilty.

The convicted felon Golb will be sentenced November 18. Prior to the trial, the defendant turned down a plea agreement where he would have pleaded guilty to two misdemeanor charges, paid a fine, and would be placed on probation for two years. Golb rejected the deal because probation would have prevented him from using aliases to battleblog against others online. Perhaps this explains defense attorney David Breitbart’s comment:

“He had to go to trial in this case in order to accomplish his goal.”

This sentiment betrays Dr. Golb’s entire motive both for his smear campaign and for not settling the case: he knew he was guilty, he knew what he was doing was wrong, he knew he was going down, so he tried to take Dr. Schiffman with him. He tried to put Dr. Schiffman on trial for something he didn’t do.

It is worth noting that the father of the convicted felon, Dr. Norman Golb, has been shown in publicly available court documents (here and here) to not only have known about his son’s smear campaign, but to have actively participated in some of the activities that led to his son’s arrest and conviction. Yet, Dr. Norman Golb did not testify in his son’s defense; he did not even attend the trial.

Perhaps the Dead Sea Scrolls really are cursed…

A few questions remain:

  • Will Dr. Golb appeal the decision?
  • Will Dr. Golb be automatically disbarred from the New York State Bar, or will there be disbarment proceedings?
  • Will the University of Chicago formally apologize to the victims of crimes committed by relatives and employees of the Oriental Institute now that the court has shown that a University employee (Dr. Norman Golb) had full knowledge of and participated in some of these criminal activities?

As for my role in this case, I shall continue to monitor the situation and shine a light on all those who attempt to use devious means to harm good scholars. I shall continue to update this case at who-is-charles-gadda.com.


“For you did it secretly, but I will do this thing before all Israel,
and before the sun.”

2 Samuel 12:12

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