What's Next

GreaterLakewood.com  - The day after whats next? Understanding the Verdict:

There were 5 counts on Rabbi Eisemann and 4 against the foundation (they are two separate entities).
All 4 counts against the foundation were declared not-guilty.
On counts 1,2, and 4, against R’ Eisemann, the jury said not guilty. Those were the ‘serious allegations’.
On Count 3 and 5, the jury said guilty.
Count 3 was ‘money laundering’, which the defense lawyers argue is not possible to violate unless you’re convicted of count 1,2, or 4. Reason: According to the text definition f the law, ‘money laundering’ is the concealment of the origins of illegally obtained money. But once the jury declared that the money was obtained legally, by virtue of issuing non-guilty verdicts on counts 1,2, and 4, it’s then impossible to have a money laundering charge, which by definition refers to money obtained illegally.

Count 5 is ‘misconduct by a corporate official’ – the defense argues that this charge can only apply to someone who was convicted of misconduct. However, once all 4 counts of misconduct are declared not-guilty (count 1,2,4) or dismissed (count 3), it’s no longer possible for this charge (count 5) to exist. Hence, this count is directly tied to count 3; meaning if count 3 is dismissed, count 5 automatically gets knocked off too.

So What Happens Next?

GL- The defense will file a motion to dismiss charges 3 and 5, for the above mentioned reasons. A motion is a written request to the judge to make a decision or a ruling about the case. Specifically, the motion in this case would request the judge to dismiss counts 3 and 5. The defense attorney will file this motion within 10 days. If the judge accepts the request, then the case is over. If the motion is denied, the defense will begin the appeals process after the sentencing (you cannot appeal before then). Regarding sentencing, which is scheduled for April 29, the Judge has a wide range within the law that he can choose from, let us daven that it should be the best one.

The Legal Costs

The tefillos and funds up to this point have helped Rav Osher ben Chana Frumit tremendously. For instance, the funds allowed him to plead not-guilty (pleading not guilty is free but it requires you to put together a professional legal team to fight off the state prosecutors for the duration of the trial, and that’s extremely costly), which yielded a far better result (in yesterday’s verdict) than what a guilty plea would have yielded. Additional funds will allow him to file a motion and appeal. The Eisemann family is deeply grateful to the community for all the tefillos and pidyon shvuyim that people generously donated. Read R’ Eisemann’s statement here.

The legal fees for the next stage is costly as well; approximately $700,000. (If the case would have been over yesterday, less fundraising would have been needed, thanks to everyone’s contribution up to this point). Funds are needed to help fight this.

Pidyon shvuyim can be sent via the 24-hour donation line 732.813.1212, or online here, or by mail to 307 Dewey Ave Lakewood NJ 08701. Tax deductible checks can be made to “CZR”.