Monday, October 06, 2014

Why Every Jewish Organization Needs To Be Audited - $20 Million Dollars Stolen From Aish Hatorah By Their Executives!

Matter of Aish Hatorah N.Y. Inc. v Fetman
2014 NY Slip Op 51430(U)
Decided on September 29, 2014
Supreme Court, Kings County
Demarest, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 29, 2014 

Supreme Court, Kings County

In the Matter of the Application of Aish Hatorah New York, Inc., Petitioner, For An Order Pursuant To Article 75 of the CPLR Confirming an Arbitration Award


Jacob Fetman a/k/a Yaakov Fetman, Respondent.


Petitioner Aish Hatorah New York, Inc. (Aish) moves for an order: (1) pursuant to CPLR 7510, confirming the award of the arbitrator; (2) pursuant to CPLR 7514, directing that judgment be entered on the award; and (3) restraining respondent from selling, transferring, or otherwise interfering with or disposing of certain properties in which he, his [*2]agents and/or assigns, has an interest.

Respondent Jacob Fetman cross moves for an order: (1) denying the petition and vacating the award; and (2) granting respondent an evidentiary hearing and leave to serve certain discovery devices on petitioner, Rabbi Yitz Greenman, Arbitrator Rabbi Dovid Cohen, and Victor Lipnitsky [FN1] .

Non-party Merkaz, the Center, Inc., (Merkaz), moves separately for an order: (1) pursuant to CPLR 602 (a) consolidating the instant matter with a pending case captioned, Merkaz, the Center, Inc., v Aish Hatorah (Index No. 3432/2014), or in the alternative, (2) pursuant to CPLR 1012(a), allowing Merkaz to intervene in these proceedings; (3) directing Aish to return certain funds; and (4) pursuant to CPLR 6301, restraining defendants from disposing and or transferring certain funds and properties.

At issue in this special proceeding is a religious arbitration, known as Beis Din, that was conducted by Rabbi Dovid Cohen between Aish, a New York non-profit corporation, and Jacob Fetman, who was Aish's chief financial officer for 17 years. Four arbitration sessions were conducted between October 13 and December 9, 2013.
Aish asserts that Aish and Fetman initially agreed to arbitrate two

issues: (1) relating to whether Fetman should bear personal responsibility for improperly entering into a lease extension for a property, occupied by Aish, without authority from Aish's executive director, Rabbi Yitz Greenman, and (2) relating to Fetman's liability to Aish for making unauthorized loans from Aish (April 25, 2014 Affirmation of Greenman ¶ 16). It appears to be undisputed that it was respondent Fetman who initially contacted Rabbi Cohen to arbitrate the parties' dispute. At the first session of the arbitration, held October 13, 2013, Fetman signed an agreement to arbitrate the dispute before Rabbi Cohen (Greenman Aff. ¶ 15).[FN2] According to Rabbi Greenman, Fetman, while testifying before Rabbi Cohen about loans he had made using Aish's funds, admitted to creating and controlling secret bank accounts held in Aish's name (Greenman Aff. ¶ 18), prompting the need to address an expanded "dispute". Thus, on October 22, 2013, prior to proceeding with the second session, the parties signed a second agreement to arbitrate.[FN3] Both Rabbi Greenman and Stuart Schabes, an attorney who [*3]represented Aish at the second session and the subsequent sessions before Rabbi Cohen, assert that, during the second session, Fetman admitted that he had misappropriated or stolen Aish's funds (Greenman Aff. ¶ 33; Schabes Aff. ¶¶ 9-10). This is consistent with Rabbi Cohen's Award of December 17, 2013 which is premised on Fetman's admission to having "stolen" money from plaintiff. Schabes states that, following this admission, Rabbi Cohen explained to Fetman that under Jewish law, in light of Aish having established that funds in Fetman's possession were tainted by theft, the burden shifted to Fetman to show that the remainder of the funds in his possession had not been stolen (Schabes Aff. ¶ 10).



"So, then, is there anything at which the Arab world has excelled for the past two generations? Has there been a major Arab export? As it happens, there are two. Hatred and violence.."

What the Arab World Produces

At least since the early part of the 20th century, aside from oil, the Arab world has produced and exported two products.
It has produced essentially no technology, medicine or anything else in the world of science. It has almost no contributions to world literature, art or to intellectual development.
According to the most recent United Nations Arab Human Development Reports (2003-2005), written by Arab intellectuals, Greece, with a population of 11 million, annually translates five times more books from English than the entire Arab world, population 370 million. Nor is this a new development. The total number of books translated into Arabic during the last 1,000 years is less than Spain translates into Spanish in one year.
ArabianBusiness.com reports that about 100 million people in the Arab world are illiterate; and three quarters of them are between the ages of 15 and 45.
As for Arab women, the situation is even worse. Nearly half of the Arab world’s women are illiterate, and sexual attacks on women have actually increased since the Arab Spring, as have forced marriages and trafficking. And the exact number of women murdered by family members in “honor killings” is not knowable. It is only known to be large.
In Egypt, the largest Arab country, 91 percent of women and girls are subjected to female genital mutilation, according to UNICEF. Not to mention the number of women in the Arab world who must wear veils or even full-face and full-body coverings known as burkas. And, of course, Saudi Arabia is infamous for not allowing women to drive a car.
Another unhappy feature of the Arab world is the prevalence of lies. To this day, Egypt denies that it was the Egyptian pilot, Ahmed El-Habashi, who allegedly crashed an EgyptAir jet into the ocean deliberately. Vast numbers of Arabs believe that Jews knew of the 9-11 plot and avoided going to work at the World Trade Center that day.
So, then, is there anything at which the Arab world has excelled for the past two generations? Has there been a major Arab export?
As it happens, there are two.
Hatred and violence.
The Arab world has no peer when it comes to hatred – of the Western world generally, and especially of Israel. Israel-hatred and its twin, Jew-hatred, are the oxygen that the Arab world breathes.
Two of the most popular songs in Egypt over the past decade have been “I Hate Israel” and the ironically named “I Love Israel.”
Lyrics of the latter song include:
“May it [Israel] be destroyed. May it be wiped off the map. May a wall fall on it. May it disappear from the universe. God, please have it banished.”
“May it dangle from the noose. May I get to see it burning, Amen. I will pour gasoline on it. I am an Egyptian man. I am not a coward.”
“I Hate Israel” is so popular that it was the song which Egypt’s pop star Chaaboula sang at the largest music festival in the Arab world, Morocco’s Mawazine. The festival, one of the biggest in the world, featured Alicia Keys, Justin Timberlake, Ricky Martin and Kool and the Gang.
Some of the lyrics:
“I hate Israel, and I would say so if I was asked to.
“Two faces of the same coin, America and Israel. They made the world a jungle and ignited the fuse.
“About that [Twin] Tower, oh people. Definitely! His friends [Israel] were the ones who brought it down.”
The other major Arab product and export has been violence.
It is difficult to overstate the amount of violence in the Arab world. Mass murder and cruelty have characterized the Arab world.
Regarding Iraq under Saddam Hussein, Dexter Filkins, the New York Times correspondent in Iraq from 2003-2006 wrote: “Here, in Hussein, was one of the world’s indisputably evil men: he murdered as many as a million of his people, many with poison gas. He tortured, maimed and imprisoned countless more. His unprovoked invasion of Iran is estimated to have left another million people dead.”
Syria, too, has been a country of mass murder, torture, and brutal totalitarian rule — under the rule of Hafez Assad (in power 1971-2000), and his son, Bashar, the current killer-dictator who, among other atrocities, used Sarin gas against his own people in 2013.
In the ongoing Syrian Civil War, according to the United Nations, between March 15, 2011 and April 30, 2014, 191,000 Syrians, about a third of them civilians, were killed. In addition, 2.5 million people have fled Syria to neighboring countries, and 6.5 million have fled their homes within Syria.
In Algeria in the 1990s, Islamist terrorists engaged in wholesale murder of their fellow Algerians. That war cost Algeria about 100,000 lives, mostly civilian.
In Sudan, the Arab government’s atrocities against the non-Arab population in the region of Darfur led to about 300,000 deaths and over a million refugees. In addition there was systematic rape of untold numbers of non-Arab women by Arab gangs known as the Janjaweed.
And then there was the terror unleashed by Palestinians against Israeli civilians in restaurants, at weddings, on buses, etc. The Palestinians are the modern fathers of terrorism directed solely at civilians.
There are two possible reactions to this description of the Arab world. One is that it is an example of anti-Arab “racism.” That would be the reaction in much of the Arab world, on the left and among most academics — despite the fact that the description is of a culture and that the Arabs are not a race. The other is that is that it is tragically accurate. That would be the reaction of some in the Arab world and anyone who cares about truth. One such individual is an Arab. In Politico Magazine two weeks ago. Hisham Melhem, Washington bureau chief of Al-Arabiya, the Dubai-based satellite channel, titled his article “The Barbarians Within Our Gates.” The subtitle is “Arab civilization has collapsed. It won’t recover in my lifetime.”
Islamic State, which is overwhelmingly Arab, is just the latest manifestation.
 This column was originally posted on Townhall.com.