Indictment Against Rabbi Samuel Kellner

Kellner allegedly tried to extort $400,000 from convicted sex offender Rabbi Baruch Lebovits' family and bribed witnesses against Lebovits.


I N D I C T M E N T

S U P R E M E  C O U R T  O F  T H E  S T A T E  O F  N E W  Y O R K
                 C O U N T Y  O F  K I N G S
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                                           |
  THE PEOPLE OF THE STATE OF NEW YORK      |
                                           |
               AGAINST                     |
                                           |
                                           |   INDICTMENT NO. 2538/2011
X.    SAMUEL KELLNER                       |   NON-ALIGNED
          DEFENDANT                        |   RACKETS DIVISION
                                           |
                                           |
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PL 105.10(1) CONSPIRACY IN THE FOURTH DEGREE
AFO: N              SEX CRIME: NA
PL 110/155.40 ATTEMPTED GRAND LARCENY IN THE SECOND DEGREE
AFO: N              SEX CRIME: NA
PL 110/155.40 ATTEMPTED GRAND LARCENY IN THE SECOND DEGREE
AFO: N              SEX CRIME: NA
PL 110/155.40 ATTEMPTED GRAND LARCENY IN THE SECOND DEGREE
AFO: N              SEX CRIME: NA
PL 110/155.40 ATTEMPTED GRAND LARCENY IN THE SECOND DEGREE
AFO: N              SEX CRIME: NA
PL 110/155.40 ATTEMPTED GRAND LARCENY IN THE SECOND DEGREE
AFO: N              SEX CRIME: NA
PL 210.15 PERJURY IN THE FIRST DEGREE
AFO: N              SEX CRIME: NA
PL 210.15 PERJURY IN THE FIRST DEGREE
AFO: N              SEX CRIME: NA
PL 100.05 CRIMINAL SOLICITATION IN THE FOURTH DEGREE
AFO: N              SEX CRIME: NA
PL 100.05 CRIMINAL SOLICITATION IN THE FOURTH DEGREE
AFO: N              SEX CRIME: NA



                                  FIRST COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE CRIME OF CONSPIRACY IN THE FOURTH DEGREE [PL
      105.10(1)] COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, WITH INTENT THAT CONDUCT CONSTITUTING A CLASS B OR C FELONY BE
      PERFORMED HE AGREED WITH ONE OR MORE PERSONS TO ENGAGE IN OR CAUSE THE
      PERFORMANCE OF SUCH CONDUCT.
                


                                  SECOND COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE CRIME OF ATTEMPTED GRAND LARCENY IN THE SECOND
      DEGREE [PL 110/155.40] COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, ATTEMPTED TO STEAL CERTAIN PROPERTY, NAMELY:- FROM BARUCH
      LEBOVITZ BY MEANS OF EXTORTION, IN THAT THE DEFENDANT INSTILLED A FEAR
      IN BARUCH LEBOVITZ THAT THE DEFENDANT WOULD CAUSE PHYSICAL INJURY.



                                  THIRD COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE CRIME OF ATTEMPTED GRAND LARCENY IN THE SECOND
      DEGREE [PL 110/155.40] COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, ATTEMPTED TO STEAL CERTAIN PROPERTY, NAMELY:- FROM BARUCH
      LEBOVITZ BY MEANS OF EXTORTION, IN THAT THE DEFENDANT INSTILLED A FEAR
      IN BARUCH LEBOVITZ THAT THE DEFENDANT WOULD CAUSE PHYSICAL INJURY.



                                  FOURTH COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE CRIME OF ATTEMPTED GRAND LARCENY IN THE SECOND
      DEGREE [PL 110/155.40] COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, ATTEMPTED TO STEAL CERTAIN PROPERTY, NAMELY:- FROM BARUCH
      LEBOVITZ BY MEANS OF EXTORTION, IN THAT THE DEFENDANT INSTILLED A FEAR
      IN BARUCH LEBOVITZ THAT THE DEFENDANT WOULD CAUSE PHYSICAL INJURY.



                                  FIFTH COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE CRIME OF ATTEMPTED GRAND LARCENY IN THE SECOND
      DEGREE [PL 110/155.40] COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, ATTEMPTED TO STEAL CERTAIN PROPERTY, NAMELY:- FROM BARUCH
      LEBOVITZ BY MEANS OF EXTORTION, IN THAT THE DEFENDANT INSTILLED A FEAR
      IN BARUCH LEBOVITZ THAT THE DEFENDANT WOULD CAUSE PHYSICAL INJURY.



                                  SIXTH COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE CRIME OF ATTEMPTED GRAND LARCENY IN THE SECOND
      DEGREE [PL 110/155.40] COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, ATTEMPTED TO STEAL CERTAIN PROPERTY, NAMELY:- FROM BARUCH
      LEBOVITZ BY MEANS OF EXTORTION, IN THAT THE DEFENDANT INSTILLED A FEAR
      IN BARUCH LEBOVITZ THAT THE DEFENDANT WOULD CAUSE PHYSICAL INJURY.



                                 SEVENTH COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE CRIME OF PERJURY IN THE FIRST DEGREE [PL 210.15]
      COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, SWORE FALSELY BEFORE- , WHEN HIS FALSE STATEMENT CONSISTED OF
      TESTIMONY AND WAS MATERIAL TO THE ACTION, PROCEEDING AND MATTER IN
      WHICH IT WAS MADE.



                                  EIGHTH COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE CRIME OF PERJURY IN THE FIRST DEGREE [PL 210.15]
      COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, SWORE FALSELY BEFORE- , WHEN HIS FALSE STATEMENT CONSISTED OF
      TESTIMONY AND WAS MATERIAL TO THE ACTION, PROCEEDING AND MATTER IN
      WHICH IT WAS MADE.


                                  NINTH COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE OFFENSE OF CRIMINAL SOLICITATION IN THE FOURTH
      DEGREE [PL 100.05] COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, DID SOLICIT, REQUEST, COMMAND, IMPORTUNE OR OTHERWISE ATTEMPT TO
      CAUSE A THIRD PERSON TO ENGAGE IN CONDUCT CONSTITUTING A FELONY.



                                  TENTH COUNT
                THE GRAND JURY OF THE COUNTY OF BY THIS INDICTMENT, ACCUSES
      THE DEFENDANT OF THE OFFENSE OF CRIMINAL SOLICITATION IN THE FOURTH
      DEGREE [PL 100.05] COMMITTED AS FOLLOWS:
                THE DEFENDANT, ON OR ABOUT MARCH 11, 2008, IN THE COUNTY OF
      KINGS, DID SOLICIT, REQUEST, COMMAND, IMPORTUNE OR OTHERWISE ATTEMPT TO
      CAUSE A THIRD PERSON TO ENGAGE IN CONDUCT CONSTITUTING A FELONY.


                                           CHARLES J. HYNES
                                           DISTRICT ATTORNEY