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.

 

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

lol.

hurt_puppy_meme

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.” ;-)

‘writing the dead sea scrolls’ to re-air on national geographic channel december 11, 2010

Dr. Robert Cargill appears in "Writing the Dead Sea Scrolls" on National Geographic ChannelWriting the Dead Sea Scrolls” is scheduled to re-air on NatGeo December 11, 2010. I’ve previously posted about this here.

If you’re interested in the Dead Sea Scrolls, this is the show to watch.

trying to dig oneself out of a hole: raphael golb posts his appeal online

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 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

There’s an old saying: “When you dig yourself into a hole, put down the shovel.”

Apparently, no one ever taught this to Raphael Golb, whose latest attempt to garner sympathy from the paranoid, the friendless, and those involved in similar ordeals is now available online.

And good news: this latest volley from Dr. Golb seems to be having the desired effect. For instance, the “Overturn the Wrongful Conviction of Raphael Golb” group on Facebook has seen its membership rise significantly from 15 to 16 over the past month. Given that at least one of those “members” is a marketing bot, I’d say that it won’t be long until the Raphael Golb Facebook group has as many fans as “The Great Kim Jong-Il” group (4377) or the “Sarah Palin for President 2012” group (92). Even ol’ Jimmy Barfield’s “Copper Scroll Project” has more supporters with 394.

Yes, Dr. Golb is back, and this time per the requirements of his sentencing and bail writing in his own name! Remarkably, Dr. Golb has essentially posted his conviction appeal online. I’m guessing the State of New York thanks him for the additional time to prepare its response. I mean seriously, didn’t Dr. Golb learn anything from the trial? He hung his lawyers out to dry by posting every possible angle of every possible line of their questioning online several months before the trial actually began! Every witness knew exactly what Golb’s attorneys were going to ask because the verbally-incontinent Golb had already posted it online months before. So thanks again for the advance notice.

(Unless, of course, Golb is using the same tactic he used during the trial, where he knew he would be found guilty 30 times, but decided to use the trial to attack his victims further, and decided to attempt to try his case in the blogosphere. The only problem is, I don’t think Dr. Golb’s most recent posting on the indymedia.org website qualifies as “protected speech.” I’m assuming he didn’t make any false claims in his indymedia post…)

For those of you who don’t want to waste the time reading Dr. Golb’s rant appeal, let me summarize it for you. I’ve listed who Raphael Golb thinks is responsible for his arrest and conviction in the table below:

People whose fault it is:

(in order of appearance)

People whose fault it is not:

  • Dead Sea scrolls “guild” or “monopoly”
  • “traditionalists”
  • “creators of museum exhibits”
  • a fake “consensus”
  • “defenders of the sectarian position”
  • “abuse of power and of financial influence” by scholars and academic institutions
  • “evangelical Christian educational institutions”
  • “orthodox Jews” who shared their basic perspective
  • Robert Cargill
  • museums
  • “religiously oriented scholars”
  • Larry Schiffman
  • NYU officials
  • Assistant District Attorney John Bandler
  • Patrick McKenna, an investigating officer assigned to the New York Country D.A.’s identity theft unit
  • New York Criminal Court Judge Carol Berkman
  • “acute stress reaction”
  • agreeing “to be interrogated without an attorney”
  • “sly” interrogation techniques
  • District Attorney Robert Morgenthau
  • New York court system and “rules”
  • jury selection process
  • failure of judge “to explain to the jurors that my case was the first of its kind”
  • prevention of Golb’s attorneys “from engaging in significant cross-examination of witnesses”
  • “Judge Berkman instructed the jury to find me guilty”
  • New York Jewish Museum
  • Salem witch trial
  • Senator Joseph McCarthy
  • Stephen Goranson
  • Duke University provost
  • UCLA faculty members
  • Risa Levitt Kohn
  • San Diego Natural History Museum
  • “coincidences” like despite claiming not to have known of “Johnathan Seidel,” a rabbi in Oregon named Jonathan Seidel coincidentally graduated from Golb’s alma mater, Oberlin College, and coincidentally was introduced to Norman Golb in England in 1986, and coincidentally discussed things over a coffee with him.
  • jurors’ sheer fatigue
  • ill equipped jurors
  • academic “gatekeepers”
  • getting “carried away in the midst of a heated campaign of criticism which I [Golb] directed against a group of scholars
  • duplicitous museum exhibits
  • NYU
  • Raphael Golb

As you can see, just like his father and his theories, Golb argues that the reason neither is accepted by the academy is not because of problems with the theory or its proponent, but because of a massive conspiracy involving just about everyone else in the field. Raphael Golb’s appeal argues that his conviction was not the result of his own illegal activities, but the result of a grand conspiracy, and everyone else is to blame.

Conspiracy theories. Blaming others. Not taking responsibility for actions. Victim mentality. It seems like it never ends…

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.

robert cargill in ucla news week

Dr. Robert R. Cargill is interviewed for UCLA News Week about the Raphael Golb criminal case.

Dr. Robert R. Cargill is interviewed for UCLA News Week about the Raphael Golb criminal case.

I was interviewed for the UCLA News Week recently and asked to comment on the sentencing of Raphael Golb, which will take place Thursday, November 18, 2010. On September 30, 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 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.

The UCLA News story is here. The YouTube segment is here:

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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