No. 1:23-cr-00065 (Dkt. 58, S.D.N.Y.)

Summary

Letter motion dated August 31, 2023 from defense counsel Gedalia M. Stern of Necheles Law, LLP to Judge Colleen McMahon in United States v. Zvi Zigelman, 23-cr-65, in the Southern District of New York. The page is Document 58, filed 09/11/23, and also carries the letter’s Document 57 header of 08/31/23. It asks that Mr. Zigelman, who is scheduled to be sentenced after a guilty plea on October 18, be allowed to travel to Israel from September 13 to 19 to observe Rosh Hashana in Jerusalem with the Grand Rabbi of Belz. The letter cites similar travel permissions granted in other cases in the district. It says the pretrial officer takes no position and the assigned AUSA opposes the request, and that Mr. Zigelman would give a full itinerary to his pretrial officer and re-surrender his passport within 48 hours of returning.

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Case 1:23-cr-00065-CM Document 58 Filed 09/11/23 Page 1 of 2
Case 1:23-cr-00065-CM Document 57 Filed 08/31/23 Page 1 of 2

Necheles Law, LLP
1120 Averiug ricas Gedalia Stern
New York, SRESBNY

gms@nechelesiaw.com
DOCUMENT 212-997-7400
ELECTRONICALLY FILED
DOC #: ]

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Viakcr  |DATEFILED: {111223 4
Hon. Colleen McMahon » | yp }
United States District Court a| Ul | ¢

Southern District of New York | ~ 7 4M Ca

500 Pearl Street 4

New York NY 1007 [/ —
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August 31, 2023

Re: United States v. Zvi Zigelman, 23-cr-65

ae a

Dear Judge McMahon: bee

We write to respectfully request permission for Mr. Ziegelman to travel to Israel from
September 13 to 19.

Mr. Zigelman, who is currently scheduled to be sentenced after a guilty plea on October
18, would like to be able to travel to Jerusalem to observe there the upcoming Jewish New Year
(Rosh Hashana). Rosh Hashana this year begins on the evening of Sept. 15 and concludes the
evening of the 17th.

Mr. Zigelman is a member of the Belz Hasidic sect, and like many Belz Hasidim, he
travels to Israel every year to celebrate the holiday of Rosh Hashana with the Grand Rabbi of
Belz, who lives in Jerusalem, and the broader Belz community. This is a very important religious
observance for many Belz Hasidim generally, and Mr. Zigelman specifically. Given Mr.
Zigelman’s upcoming sentencing, it is of especial importance this year for Mr. Zigelman to be
able to participate in the New Year's prayers with his Grand Rabbi and community. because in
the Jewish tradition to which Mr, Zigelman ascribes, one’s fate for the year is determined by God
on Rosh Hashana.

Courts in this district have granted similar requests for international travel both to
participate in religious observances and for other reasons. See, e.g., United States v. Shmuel
Abraham, 20-cr-411 (RA), Dkt. # 123 (April 26, 2023) (granting, over the government’s
objection, permission to travel to Israel for a Jewish Holiday); United States v. Yakov Ausch, 22-
cr-05 (JSR) (granting permission to travel to Hungary and Poland as part of a religious
pilgrimage to certain synagogues and gravesites); United States v. Kubitschuk, 16-cr-711
(KBW), Dkt. # 37 (permitting travel to Austria and Slovakia to pray at gravesite of Rabbi
Yehuda Assad); United States v. Smilovitz, 16-cr-818 (VB), Dkt. # 144 (permitting travel to
Uman, Ukraine to make the pilgrimage to the grave of Rabbi Nachman of Breslov for Rosh
Hashana); United States v. Galanis, 16-cr-371 (RA), Dkt. # 62 (S.D.N.Y.) (granting over
government objection permission for the defendant to travel to Latvia with his wife for business
purposes); United States v Rimberg, 15-cr-835 (JGK), Dkt. # 68 (S.D.N.Y.) (permitting


Case 1:23-cr-00065-CM Document 58 Filed 09/11/23 Page 2 of 2
Case 1:23-cr-00065-CM Document 57 Filed 08/31/23 Page 2 of 2

Necheles Law, LLP

defendant to travel after guilty plea along with his wife to Israel for business and to France for
Passover).

Ifthe Court grants this request, Mr. Zigelman will provide a full itinerary to his pretrial
officer. | have spoken to Mr. Zigelman’s pre-trial officer, who takes no position on this request,
and the assigned AUSA, who opposes It.

We therefore respectfully request that the Court so-order this letter motion and allow Mr.
Zigelman to travel to Israel from September 13 to 19, as well as order the temporary return of his
passport. Mr. Zigelman would re-surrender his passport to Pre-Trial within 48 hours of returning
to America.

Respectfully submitted,
/s/
Gedalia M. Stern

cc: AUSA Emily Deininger (via ECF)

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