No. 1:23-cr-00065 (Dkt. 61, S.D.N.Y.)

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Letter motion of September 18, 2023 from Sarah Krissoff of Cozen O’Connor to U.S. District Judge Colleen McMahon in United States v. Moshe Rosenfeld, 23 Cr. 00065 (CM), in the Southern District of New York. It asks the court to let Rosenfeld travel to Israel on or around September 20 through October 11 for Yom Kippur and Sukkot with his wife, six children, grandchildren, mother and siblings, who live there, and to return his passport temporarily. The letter says he has been on pre-trial release for nearly a year without incident and, as Mr. Zigelman’s motion did, cites rulings that let defendants travel abroad for religious or family reasons. It offers flight and contact details to pre-trial services and the passport’s return on his return to New York. AUSA Deininger opposes the request; his pre-trial services officer takes no position.

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United States District Judge .
United States District Court “Deneck

Southern District of New York

500 Pearl Street
New York, NY 10007 } |
Re: United States v. Moshe Rosenfeld, 23 Cr. 00065 (CM) bhlhen
PEMA aS PTI

Dear Judge McMahon: t
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We are writing the Court to respectfully request permission for Mr. Rosenfeld to travel to
Israel on or around September 20 through October 11 to celebrate the Jewish High Holidays of

Yom Kippur and Sukkot with his family.

Prior to his arrest, Mr. Rosenfeld would travel back and forth between Israel and the
United States regularly, and would spend the High Holidays with his close family members who
reside there. As an orthodox Jew, the opportunity to be in Israel for the High Holidays and to
celebrate them with his family is of the utmost religious and personal importance to Mr.
Rosenfeld.

Mr. Rosenfeld’s wife, six children, numerous grandchildren, mother, and several brothers
and sisters all live in Israel. Mr. Rosenfeld has been separated from them since his arrest. Mr.
Rosenfeld strongly wishes to have the opportunity to celebrate these most holy Jewish holidays,
especially Yom Kippur, also known as the Day of Atonement, with his family.

As Mr. Zigelman's motion mentioned, courts in this district have granted similar requests
for international travel for religious reasons. See, e.g., United States v. Shmuel Abraham, 20-cr-
411 (RA), Dkt. No. 124 (S.D.N.Y. April 26, 2023) (granting, over the government's objection,
permission to travel to Israel for a Jewish Holiday). Moreover, and of particular significance to
Mr. Rosenfeld’s request, courts have granted requests for international travel for family
purposes. See United States v. Terrance, 1:20-cr-00192 (FJS), Dkt. Nos. 127 & 133 (N.D.N.Y
April 12, 2023) (granting, over the government’s objection, permission for defendant to travel to
Switzerland to support his son in a hockey tournament); United States v. Tolentino, 14-cr-00220
(BLF), Dkt. Nos. 11 & 22 (N.D. Cal. Aug. 11, 2015) (permitting defendant to travel to the
Philippines for work and family purposes).

Mr. Rosenfeld has been on pre-trial release for nearly a year without incident, and has a
strong relationship with his pre-trial services officer. Mr. Rosenfeld does not pose a flight risk:
in addition to his ties to Israel, Mr. Rosenfeld has strong personal and religious connections to
New York. Mr. Rosenfeld is a member of a close-knit community in New York, where he is an

3 WIC 175 Greenwich Street 55th Floor New York, NY 10007
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The Honorable Colleen McMahon
September 18, 2023
Page 2

active volunteer for Chai Lifeline, a non-profit organization which strives to meet the needs of
families impacted by illness, trauma, and loss.

Should the Court grant Mr. Rosenfeld’s request, he will provide flight, transport,
accommodation, and contact information to pre-trial services or as otherwise directed by the
Court in advance of travel. Mr. Rosenfeld would promptly return his passport to pre-trial
services upon his return to New York. Mr. Rosenfeld’s counsel has conferred with the
government and pre-trial services as to his request. AUSA Deininger opposes Mr. Rosenfeld’s
request and Mr. Rosenfeld’s pre-trial services officer takes no position.

For the foregoing reasons, we respectfully request that this Court grant this letter motion,

order the temporary return of Mr. Rosenfeld’s passport, and permit Mr. Rosenfeld’s travel to
Israel on or around September 20 through October 11.

Respectfully submitted,
COZEN O'CONNOR

SUM S$ Het

By: Sarah Krissoff

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