5 Rabbis Among 44 Arrested In New Jersey Public Corruption and Money Laundering Probe

In a press release today, the U.S. Department of Justice announced:

The mayors of Hoboken, Secaucus and Ridgefield, the Jersey City deputy mayor and council president, two state assemblymen, numerous other public officials and political figures and five rabbis from New York and New Jersey were among 44 individuals charged today in a two-track federal investigation of public corruption and a high-volume, international money laundering conspiracy.

According to the Newark Star-Ledger, the rabbis arrested were connected to the prosperous and close-knit Syrian Jewish community of Brooklyn (NY) and Deal (NJ). (The Syrian Jewish community was profiled in a 2007 New York Times Magazine article.) Today's press release summarized charges against the rabbis:

Eliahu Ben Haim, of Long Branch, N.J., the principal rabbi of a synagogue in Deal, N.J., charged with money laundering of proceeds derived from criminal activity.

Saul Kassin, of Brooklyn, N.Y., the chief rabbi of a synagogue in Brooklyn, New York, charged with money laundering of proceeds derived from criminal activity.

Edmund Nahum, of Deal, N.J., the principal rabbi of a synagogue in Deal, charged with money laundering of proceeds derived from criminal activity.

Mordchai Fish, of Brooklyn, N.Y., a rabbi at a synagogue in Brooklyn, charged with money laundering of proceeds derived from criminal activity. His brother [Lavel Schwartz], also a rabbi, was charged as well.

It went on to describe the money laundering portion of the charges as follows:

The money laundering conspiracy involved high-ranking religious figures and their associates in Brooklyn, N.Y. and Deal, N.J. Among them was Eliahu Ben Haim, of Long Branch, N.J., the principal rabbi of Congregation Ohel Yaacob in Deal, N.J. Typically ... Haim received bank checks in amounts ranging from tens of thousands of dollars up to $160,000 at a time made payable to a charitable, tax-exempt organization associated with Haim and his synagogue. To complete the money laundering cycle, Haim would return the amount of the check in cash ..., less a cut for Haim, typically 10 percent....

Similar circles of money launderers in Brooklyn and Deal, N.J. operated separately but occasionally co-mingled activities and participants. In most cases, the rings were led by rabbis who used charitable, non-profit entities connected to their synagogues to "wash" money that they understood came from criminal activity like bank fraud, counterfeit goods and other illegal sources.... [T]he rabbis made significant sums in fees, which typically ran between five and ten percent per transaction.

The release emphasized the importance in the investigation of a cooperating witness who infiltrated the money laundering network and later dealt with various public officials who are being charged with bribery. The Wall Street Journal says that the cooperating witness is Orthodox Jewish real estate developer Solomon Dwek who had been arrested on bank-fraud charges in 2006. The FBI began using Mr. Dwek as an informant in mid-2007, wiring him and videotaping his encounters with targets of the investigation.

Court Refuses To Strike Allegation In School Music Lawsuit

As previously reported, a lawsuit against the St. John's County, Florida school district challenges on Establishment Clause grounds certain songs selected by Webster School's music teacher for students to perform. In S.D. v. St. Johns County School District, 2009 U.S. Dist. LEXIS 62013 (MD FL, July 7, 2009), a federal magistrate judge has now denied a motion by the music teacher, also a defendant, to strike from plaintiff's complaint an allegation that she "is a member of the steering committee of an organization called Marketplace Christian Professional Resources, the objective of which is to promote the Christian religion in places of work and in public schools...." The court concluded that the challenged allegation is neither "immaterial" nor "scandalous."

Questions Raised Over Financing Of Rep. Keith Ellison's Hajj Trip

Minnesota Rep. Keith Ellison-- one of Congress' two Muslim members [corrected]-- is the target of critics who have raised concerns about the financing of a pilgrimage (Hajj) he took last year to the Muslim holy city of Mecca. BeliefNet yesterday (carrying an article from the Minneapolis Star-Tribune) reports that the Muslim American Society of Minnesota (MAS) paid for the trip as a way to improve communications between American Muslims and the wider Muslim world. The House Ethics Committee allowed the trip to be reported as one unrelated to Congressional duties. That permitted Ellison to withhold disclosure of amounts involved. The Muslim American Society is connected with the controversial Minneapolis area charter school, the Tarek ibn Ziyad Academy. In 2006 and 2007, MAS received rental payments for the building that housed the Academy. Those payments came from state funds. The House Ethics Committee is now reviewing its decision on how the trip was reported. Meanwhile, according to the Minneapolis Star-Tribune, the Minnesota Republican Party called for an investigation into Ellison's trip.

India's Supreme Court Withdraws Opinion On Catholic School's Grooming Policy

Today's Indian Catholic reports that on July 6, India's Supreme Court withdrew a March 30 ruling (see prior posting) that upheld the right of a Catholic school to enforce its grooming policy. Sixteen year old Muslim student, Mohammed Salim, left the Nirmala Convent Higher Secondary School when it insisted that he comply with its requirement that male students be clean shaven. He lost his lawsuit, but the Supreme Court's opinion drew criticism because of a statement in it by Justice Markandey Katju who said: "We don’t want to have Taliban in the country." Apparently that language is what led to the opinion's withdrawal. The Church says it has not yet received "any official communication from the court."

County Will End Ban On Sunday Sales Despite Some Religious Objections

The Aiken (SC) Standard reports that Aiken County Council voted 7-2 on Tuesday to suspend the county's blue laws that prohibit sale of various items before 1:30 p.m. on Sundays. Final passage is expected on the proposal's third reading next month. Proponents said that schools are losing sales tax dollars as residents shop in neighboring counties in Georgia on Sundays. However some speakers opposed the measure on religious grounds. One urged: "Vote not on the spirit of the age, but on principle. Surely you don't want to go down as the Voltaire who thought during the French Revolution that if the Sabbath was destroyed, it would destroy Christianity. Place your allegiance with the Lord on this one."

Sikh Crime Victims In London Can Now Request Sikh Officer For Case

In Britain, London's Metropolitan Police have responded to cultural misunderstandings in criminal investigations by instituting a new program. Yesterday's BBC News reports that Sikh crime victims will now be able to request that a Sikh police officer be a part of the crime investigation. Palbinder Singh, chairman of the Metropolitan Police Sikh Association, said that in the past, serious crimes where Punjabi culture is an issue have not been properly investigated. The police department has also set up a website through which crimes can be reported so, for example, women who are prevented from making an unsupervised phone call, can report honor-based violence or forced marriage. Officials say that a similar program might be extended to other minority groups in the future, though some believe that a better approach would be greater training in cultural sensitivity for all officers.

Buddhist Candidate For Virginia Legislature Responds To Concerns

Yesterday's Waynesboro (VA) News Virginian reports that the Virginia legislature could have its first practicing Buddhist member next year. Erik Curren, who began practicing Buddhism over a decade ago, is the Democratic candidate for the 2oth District seat in Virginia's House of Delegates. Curren also attends a Methodist Church with his fiancée and her two daughters. Curren was surprised when a local Democratic leader, Augusta County Supervisor Tracy Pyles, complained that Curren had not disclosed his religious beliefs before he was chosen as a candidate. The 20th District, comprised of Staunton, Highland County and parts of Augusta and Rockingham counties, is largely Christian. Curren says that if elected, he will be sworn in on a Bible. In a posting yesterday on his campaign website, Curren said:

[F]or the last decade or more, like millions of Americans, I have practiced meditation. Sometimes I walk and sometimes I sit. But always, taking a break from daily activity helps me think about my life and connect with a deeper truth. With increasing scientific evidence for the benefits of meditation to calm the stress of today’s busy world, it’s no wonder that this simple practice has spread to corporate boardrooms, hospitals, schools, and even churches across the United States.

It is understandable that people are curious about and may even fear things that they do not understand. So it is a service to civil discourse for people of different faiths to share their beliefs and practices in a spirit of mutual respect and tolerance. Recognizing that all major religions teach the same basic ideas –to seek truth, promote love, and care for God’s creation — faith can be a way to bring us all together on a higher plane.

But all too often religion is used by misguided leaders to pull our communities apart and to sow the seeds of discord. This is a misuse of religious faith in my opinion, and I feel compelled to speak out against religious prejudice and bigotry.

So, to those who would court intolerance for political gain, I say: in America, you will lose. In Virginia, you will lose. And in the Shenandoah Valley and Highland County, you will lose.

Anti-Separationist Billboards Placed In Two Florida Counties

In Pinellas and Hillsborough counties in Florida, Christian activist Terry Kemple, head of the Community Issues Council, with financial support from retired businessman Gregg Smith, is sponsoring ten billboards attacking the notion of separation of church and state. The St. Petersburg (FL) Times on Tuesday reported that the billboards feature quotes from historical figures such as John Adams, James Madison and Benjamin Franklin, and others that are apparently inaccurately attributed to George Washington. The quotations stress religious foundations in American history. Kemple explained his motivation: "The fact is, for the last 40 years, as anti-God activists have incrementally removed the recognition of God's place in the establishment of our country, we have gone downhill." American United's blog yesterday carried a strong critique of the billboard project.

PA Supreme Court: Civil Courts Can Hear Defamation Claim Against Catholic School

In Connor v. Archdiocese of Philadelphia, (PA Sup. Ct., July 20, 2009), the Pennsylvania Supreme Court held that civil courts have jurisdiction over a suit growing out of the expulsion of a 7th-grade student from a Catholic parochial school. The student was expelled for allegedly bringing a penknife to school, a fact disputed by his parents. The student's parents sued the school, school officials and the archdiocese alleging that a letter and other communications about about the expulsion sent to the school community constituted defamation and negligent infliction of emotional distress. The lower courts had refused jurisdiction, finding that they could not review an ecclesiastical disciplinary decision or communications about it. The Supreme Court reversed, concluding:

[W]hile appellees explain ... that "[t]he communication of the expulsion provided example of the religious values of the [S]chool to parent and student alike" ..., appellees do not contend that such religious rationale for the Post-expulsion Communications required that the Communications specifically allege that Eric brought a "penknife" or "weapon" to school. Thus, this is not a case in which religious authority would be directly relevant to a party’s showing on the merits of his or her opponent’s claims.... [N]eutral principles can be applied to determine whether the Post-expulsion Communications were defamatory.

Wisconsin Supreme Court: Ministerial Exception Applies To Catholic School Teacher

In Coulee Catholic Schools v. Labor and Industry Review Commission, (WI Sup. Ct., July 21, 2009), in a 4-3 decision, the Supreme Court of Wisconsin applied the "ministerial exception" to hold that Wendy Ostland, a first grade teacher in a Catholic school, was constitutionally precluded from bringing an age discrimination claim under the Wisconsin Fair Employment Act. The majority said:

We conclude that both the Free Exercise Clause of the First Amendment ... and the Freedom of Conscience Clauses in Article I, Section 18 of the Wisconsin Constitution preclude employment discrimination claims ... for employees whose positions are important and closely linked to the religious mission of a religious organization.... Ostlund's school was committed to a religious mission——the inculcation of the Catholic faith and worldview—— and Ostlund's position was important and closely linked to that mission. Therefore, Ostlund's age discrimination claim underthe WFEA unconstitutionally impinges upon her employer's right to religious freedom.

Justice Crooks dissenting opinion argued:

the majority's conclusion that based on the facts here CCS infuses its secular subjects with religion effectively extends a free pass to religious schools to discriminate against their lay employees....

Yesterday's Chicago Tribune reports on the decision.

ACLU Has Taxpayer Standing To Challenge Charter School As Promoting Islam

In American Civil Liberties Union of Minnesota v. Tarek ibn Ziyad Academy, (D MN, July 21, 2009), a Minnesota federal district court held that plaintiff has taxpayer standing to challenge as an Establishment Clause violation the funding of a charter school by the state of Minnesota. Plaintiff alleges that the Tarek ibn Ziyad Academy advances the Muslim religion and fosters entanglement between government and religion. The court rejected defendants' argument that under the U.S. Supreme Court's Hein decision, funding of the school was a discretionary executive branch decision, not a legislative appropriation. It said: "The fact that the Commissioner [of Education] has the responsibility to choose or authorize charter schools (which then in turn receive funding) does not mean that Plaintiff here is challenging an executive action." The court did, however, dismiss plaintiff's claim of statutory violations and dismissed claims against certain of the defendants on sovereign immunity grounds. ACLU yesterday issued a press release on the decision and the Minneapolis Star-Tribune reported on the case. (See prior related posting.)

Kentucky County Removes 10 Commandments After Lawsuit Is Filed

WYMT-TV reported yesterday that in response to a lawsuit filed earlier this month, Jackson County, Kentucky officials have taken down the nine copies of the Ten Commandments that had been on the walls of the county court house. (See prior posting.) Judge executive William O. Smith said that they did not want to jeopardize taxpayer funds. The plaques will go to local businesses who will display them so people in the county can still see them. Jim Muncy, who put up the displays ten years ago and who now took them down, said emotionally: "All the laws of our state were based on the Ten Commandments. It's not that it's a religious statement, it's a statement of law and order."

Kenya Says Muslim Girls Can Wear Hijab To School

In Kenya, Education Permanent Secretary Prof. Karega Mutahi last week issued a circular to school principals and education officials confirming that Muslim girls are free to wear the hijab (head covering) to school. Spero News reported yesterday that the action came after some 20 public schools had suspended Muslim students for wearing the hijab.

Non-Muslims Find British Shariah Courts Attractive

The London Times reported yesterday that increasing numbers of non-Muslims in Britain are turning to Shariah arbitration tribunals in commercial disputes and other civil matters. The Muslim Arbitration Tribunal said that 5% of its cases (20 cases so far this year) involved non-Muslims who were attracted by the less formal nature of the arbitration process. The Muslim Arbitration Tribunal hopes to set up Shariah courts in ten new British cities this year, and hopes to act as an advisory body to other Islamic courts in Britain in order to create a consensus on procedure and rulings. [Thanks to PewSitter for the lead.]

Russian Schools Will Begin Courses On Religions and Ethics

Russian schools in 18 regions (about 20%) of the country next year will begin a pilot program to teach about religion and ethics. Yesterday's Fresno Bee reported that Russian President Dmitry Medvedev has announced a program under which schools will offer several choices: a course in one of the four traditional religions (Russian Orthodoxy, Islam, Buddhism or Judaism), a course presenting an overview of all four faiths, or a course in secular ethics. This approach was designed to ease concerns about mandatory classes in Orthodoxy that were introduced in a few regions three years ago.

Laotian Village Chief Tells Christian Families To Renounce Their Beliefs

The Christian Post yesterday reported on an incident in a small village in Laos that has been publicized internationally by Human Rights Watch for Lao Religious Freedom. According to the report:

The chief of Katin village, along with village security, social and religious affairs officials, warned all 53 Christian residents that they should revert to worshiping local spirits in accordance with Lao tradition or risk losing all village rights and privileges – including their livestock and homes... The previous Sunday (July 5), officials and residents confiscated one pig each from nine Christian families and slaughtered the animals in an effort to force them to renounce their faith....

The article chronicles a long history in this particular village of actions against Christian families living there.

Senate Passes Resolution Condemning Anti-Semitism

Yesterday the U.S. Senate passed by unanimous consent S. Con. Res. 11 condemning all forms of anti-Semitism and reaffirming the support of Congress for the Special Envoy to Monitor and Combat Anti-Semitism. The Resolution now goes to the House of Representatives. The resolution, among other things "rejects attempts to rationalize anti-Jewish hatred or attacks as a justifiable expression of disaffection or frustration over political events in the Middle East or elsewhere."

Protests Continue Over LDS Regulation Of Plaza In Salt Lake City

The Salt Lake Tribune this month has carried a series of articles (1, 2, 3) on the latest controversy over how the LDS Church administers Main Street Plaza, an area in downtown Salt Lake City that the Church purchased from the city in transactions beginning in 1999. Originally the city kept an easement, but after controversies over LDS regulation of expression on the Plaza, the city's right of way was sold to the Church. (Background.) The latest incident (full text of police report) arose in early July when LDS security guards asked a gay couple to stop their inappropriate behavior after the couple kissed. An argument ensued, and eventually the couple was cited for trespassing by the Salt Lake Police Department. This past Sunday, some 200 couples staged a "kiss-in" on Church property to protest the treatment of the gay couple. This was the second such protest. America Forever, an anti-gay group, was there with counter protest signs, and some 20 minutes of shouting between the groups ensued.

Opponents of Hate Crimes Bill Add Amendments That Make It More Contentious

Yesterday the U.S. Senate passed four amendments to the Matthew Shepard Hate Crimes Enforcement Act that it adopted last week as part of the Defense Authorization Act. (See prior posting). Three of the amendments (full text) were introduced by Sen. Jeff Sessions and, according to the Advocate, are seen by the Human Rights Campaign as "poison pills" designed to defeat the entire hate crimes bill. The Hill also reports on the amendments which were described by HRC Back Story as follows:

The first Sessions Amendment would allow the death penalty to be applied in hate crimes cases under some circumstances. This Amendment is unnecessary and is a poison pill designed to kill the bill. The Amendment is being offered by and supported by Senators who oppose the Matthew Shepard Act. It’s ironic that the very Senators who have falsely argued that this bill would put clergy in jail because of their beliefs think that those same clergy should be subject to the death penalty.

The second Sessions Amendment would place an additional burden on the Justice Department to revise its long established guidelines for hate crimes cases. This Amendment is unnecessary. The Department already contains well-established, clear and precise guidelines to govern cases involving bias-motivated violence that work well.

Finally, the third Sessions Amendment would provide additional penalties for crimes involving service members or their families. This Amendment is unnecessary. Existing statutes already provide special penalties on attacks against members of the Armed Services and veterans. In addition, the vague language of the Amendment is problematic. The Amendment provides for additional penalties for injuring the property of a serviceman or immediate family member. The scope of "family member" or what constitutes an "injury" to their property is unclear.

In response to the addition of the death penalty language, the Senate then passed a Democratic-sponsored amendment that would limit hate crime prosecutions until a state's attorney general has created standards for applying capital punishment. The death penalty amendment, offered by Sen. Sessions, was approved by unanimous consent despite a letter (full text) from 50 civil rights and religious groups opposing the amendment.

Meanwhile, according to yesterday's Washington Blade, the ACLU has issued a statement pressing for the House, rather than the Senate, version of the hate crimes bill. The House bill, H.R. 1913, was passed by the House in April. (See prior posting.) Concerned about freedom of speech and association, the ACLU favors language in the House bill that prohibits introducing substantive evidence of expression or association at trial unless it specifically relates to the offense charged. The House language though would not change evidentiary rules on the impeachment of witnesses. Chris Anders, ACLU senior legislative counsel, said that "an otherwise unremarkable violent crime" should not become a federal offense because the defendant viewed the wrong web site, belonged to a group espousing bigotry or subscribed to a magazine that promotes discriminatory views.

Project Will Rate Muslim Countries On Adherence To Shariah

UAE's The National today reports on the Cordoba Initiative. Led by New York-based Imam Feisal Abdul Rauf, its goal is to create a "Shariah Index" that will rate majority-Muslim countries on how closely they adhere to the principles of Islam. Rauf says: "What are the principles that make a state Islamic? We can say among them is justice, protection of religion and minorities and elimination of poverty, and so on." Among those funding the project, designed to improve relations between Muslim countries and the West, is the Malaysian government.