‘Munich’ Should Not Be A Dirty Word

Britain was not prepared for war in 1938. Neville Chamberlain had no illusions about Hitler. He did the right thing in Munich.

From the Washington Post:

Some other words of Churchill’s are too rarely quoted. They are from one of the finest and most moving, though least known, speeches he ever gave, paying tribute to Chamberlain after his death from cancer in November 1940. It had been Chamberlain’s fate "to be disappointed in his hopes, and to be deceived and cheated by a wicked man," Churchill said. "But what were these hopes in which he was disappointed? . . . They were surely among the most noble and benevolent instincts of the human heart — the love of peace, the toil for peace, the strife for peace, the pursuit of peace, even at great peril, and certainly to the utter disdain of popularity or clamour."

In his bow to Chamberlain’s memory, Churchill showed a magnanimity and wisdom that others have lacked. "Long and hard, hazardous years lie before us," he continued, "but at least we entered upon them united and with clean hearts."

Never once did Churchill advocate preemptive war, and he always recognized that democracies should use arms only as a last resort. Maybe the presidential candidates should be asked whether the United States entered the Iraq war "united and with clean hearts." That could be the real "lesson of Munich."

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Three New Regimes at LA’s Modern Orthodox High Schools

Jane emails: "Write about the 3 new heads of school in Modern Orthodox high schools – Rabbi Glass at YULA Boys, Rabbi Lieberman at YULA Girls, and Rabbi Weinbach at Shalhevet. Find out what students have to say about R’ Weinbach – he comes out as more to the right than Shalhevet has been in the past – He was at Happy Minyan this morning. He advocated this afternoon being very careful about sending your kids to secular colleges after high school. And Shalhevet has a history of the majority of their kids going to these schools."

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Behind The Scenes At Shaarey Zedek

The Graff Family Foundation is suing its longtime shul Young Israel of North Beverly Hills for not using their donation properly.

I heard about a certain family in Valley Village who donated tens of thousands of dollars to the Orthodox synagogue Shaarey Zedek. The shul took at least a decade to get near to breaking ground. The shul told the family, we’re going to use your money for our other needs. So the family said no, we want our money back. We didn’t give it to you to run the shul. We gave it to you to build a shul.

Shaarey Zedek said you are right. We will only use the funds for building.

Improper use of donations is a growing area of litigation. Courts are rarely happy with recipients of gifts who do not use the money as they have pledged.

Lawyer: "Courts have a real hard-on for giving donors back their money. Gifts come with strings attached."

"Suing here is low class. There are better ways of doing this than in open court. It’s a shanda for the goyim. They are going to see this and replace the phrase ‘Indian giver’ with ‘Jew giver.’

"The Graffs are obviously strong personalities and so are the rest of the people at YINBH. It’s pathetic that both sides couldn’t organize their affairs better and bring it to a lawsuit."

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‘I hope you’re ok with what happens next’

Friend: "I’ll miss you around shul."

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Butch Up, Lady Luke

Jim Jones emails:

Instead of lashing out like a spoiled and petulant child at the community upon which you CHOSE to impose yourself, why not just stop acting like a jerk? Of course, it’s so much easier to fall back on the old excuse, "I have personality disorders, mate!"

(And, admit it, despite the shabbos prohibition on using "fire"–in your case, the computer–you’ve been checking your e-mail. Hypocrite!)

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Alisa Valdes-Rodriguez Does It Again

I’m told: "I saw something on Alisa’s Web site that amazed me, it was so vintage. Alisa walked out on her mortage even though she had the means to pay each month, because she wanted to move right away and didn’t like the price she would get for her house. She stiffed the bank for at least $50,000 and then called the bank a profiteering bloodsucker or something like that. It’s a masterpiece of financial irresponsibility in itself, made even more fascinating by her blaming the world for her outcome."

Here’s some background on this talented writer.

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Is My Site Transparent?

A few months ago, a reader sent me news reports about Peter Lowy.

I disingenuously replied: "Unfortunately, I am social with Peter Lowy and can’t publish anything negative about him."

I was lying. I’ve had a total of one short conversation with Peter Lowy. I didn’t want to publish the negative stories about Peter Lowy due to the enormous aggravation that would cause me socially.

My reader astutely answered: "You are social with him or is it that… has muzzled you and will throw you out if you say anything about the… largest donor? I respect the many contributions made by the Lowy’s, but – either your site is transparent and equal or people will think you are being paid off and you will lose whatever credibility you have."

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Medicine’s Loss Is Poetry’s Gain

On PoemHunter.com, Dr. Gershon Hepner (born May 5, 1938 in Leipzig, Germany, and has lived in LA for 30 years) writes: "I am a physician educated in England and living in LA. I am married to a brilliant poet, Linda, and a father of four children who are all above average, In addition I am a scholar of the Hebrew Bible, and have written a book due to be published in the summer of 2007, called Legal Friction: Interplay between Biblical Laws and Narratives. I am collecting a selection of my biblical poems that I hope to publish at the end of 2007 if I can find the time."

With the way Dr. Hepner (an Orthodox Jew in Los Angeles who’s welcome to attend any shul he wants including Young Israel of Century City and Beth Jacob) is racking up the criminal convictions, he should have plenty of time to select his best Biblical poems.

In the hands of the good Lord, medicine’s loss has become poetry’s gain.

Truly there are miracles all around us.

This 2005 report is delicious:

…In approximately 1985, Petitioner decided to change his practice to one primarily involving the care and treatment of personal injury patients. His practice was a great success and, between 1984 and 1989, he opened and operated satellite offices in Inglewood, Hollywood and Studio City, earning an average annual gross income of $1,700,000. However, that income was not legitimately derived. He paid "cappers" to provide him with personal injury . He billed for more extensive reports for patients he had not seen. He charged for more patient visits than actually occurred and charged at a rate of $500 per visit. He billed for other work he did not perform. Patients’ signatures were often forged on sign-in sheets so as to increase the amount of their bills without their knowledge. Petitioner’s inflated bills were paid by insurance companies in connection with patients’ personal injury claims. Petitioner also evaded income taxes and attributed tens of thousands of dollars of personal expenses to his corporation on his income tax returns.

…During the late 1980s, Petitioner’s conduct and demeanor began to change. He went through alternating stages of euphoria and depression. His life-style became flamboyant, even to the point of purchasing a taxicab-yellow Rolls Royce and wearing bright red silk shirts to his Orthodox synagogue [YICC?] (something he was aware was grossly inappropriate for such a congregation).

…[To help Dr. Hepner regain his medical license after serving four years in prison circa 2005:] Steven Weil, Rabbi of Beth Jacob Congregation, confirmed Dr. Hepner was a devoted member of Beth Jacob, was a biblical school [scholar], was assiduous in his Jewish studies, and enjoyed an excellent relationship in the community. Rabbi Weil stated that Dr. Hepner had expressed remorse for his criminal offenses.

[Doctors who went to bat for Gershon Hepner include Paul A. Lessler, Steven M. Kaye, Seymour Perl, Charles Feinstein, John Hochman, Ronald Ralbag, Samuel M. Berger, Bernard G. Slavin, Ivor Geft, and Jonathan Hulkower. You must read their recommendations for Dr. Hepner.]

…Petitioner has been active in religious studies and practice, and through such study has gained significant insight into ethics and his behavior.

…Petitioner practices Orthodox Judaism. In addition to his writing, he studies the Talmud nearly every day and attends a weekly Talmud class. He also gives seminars on the Bible once every three weeks. Petitioners believes his biblical and talmudic studies have helped him to "understand the gravity of [his] offenses and reinforce [his] determination never to commit any crimes again.

…Petitioner submitted numerous letters supporting the reinstatement of his medical license. The letters’ authors, both from within and outside the medical profession, all portray petitioner as an extraordinary individual who, despite his past transgressions, is a paragon of intelligence, competence, piety, honesty, integrity, trustworthiness and contrition.

…Dr. Hepner’s ex-wife, Linda Hepner, lives with Petitioner. In her letter of support, she described Dr. Hepner’s behavior in the late 1980s as bizarre, but believed he was successfully rehabilitated. His behavior is now more subdued and calm. He has regained his ex-wife’s confidence and trust. He is a caring grandfather. He voluntarily sees a psychiatrist every three months. Linda Hepner stated Dr. Hepner was fully rehabilitated in her letter.

On February 20, 2005, Investigative Assistant Gerard spoke to Linda Hepner. When asked why she wrote the letter, Linda Hepner said she wanted to move on, the past few years were terribly difficult; Dr. Hepner turned over a new leaf and wanted to be a better person. Linda Hepner said she had observed an enormous change.

…In 1995, [Dr. Hepner] went through an amicable divorce from his wife. He continues to reside in her home with two of their four children. Petitioner believes that neither he nor his wife ever stopped loving each other, but that his wife sought the divorce because of the stress Petitioner’s Bipolar Disorder, his crimes and conviction placed on her. He would like to reconcile with his wife.

During the 1980s, Hepner was a leader of an accident ring, getting these Mexicans to do a slam and stop on the freeway and trap people into accidents. Then these "victims" would come in to Hepner to be diagnosed. Ohmigod, soft tissue injury, $50,000, bill Medi-Care.

He pled rather than face trial. He claimed it was political.

So why did Dr. Hepner really divorce? To protect his assets. He could give them to her and to YULA/Museum of Tolerance. He made a deal with Rabbi Marvin Hier before going to prison so that his assets would be kept safe for Linda (who taught at YULA) and the kids.

Michael Milken and Ivan Boesky made similar financial deals with Rabbi Hier and the MOT.

While in prison, Hepner managed to get disability payments for being bipolar.

By contrast to all those taken in by Dr. Hepner, forensic psychiatrist James Rosenberg (circa 1997) correctly diagnosed Hepner’s bipolar disorder as a "ticking bomb" since Gershon went off his lithium and other meds.

Dr. Rosenberg "believed that a patient who suffered a recurrence could lose insight and fail to seek timely treatment, and manic physicians could become sexually inappropriate…"

That sounds like Dr. Gershon Hepner.

It was amazing he got his medical license back in 2002. He can thank — in part — his powerful Orthodox friends.

Lou posts: "I suppose the good doctor is as much a predator as the ones that Rabbi Weil bars from Beth Jacob. But he preys on insurance companies, not on vulnerable women or self-deceiving macher investors. Haven’t seen many insurance companies at kiddush lately, bent over the chulent and waiting for a come-on."

Well, Dr. Hepner was accused  of sexual abuse and it apparently played a role in the loss of his medical license. On page 50 of the pdf: "On August 7, 1992, Accusation No. D4867 was filed against petitioner alleging conviction of a crime, acts of dishonesty and corruption with patients, unlawful referral of patients, and sexual abuse and misconduct. In a stipulated Decision, effective March 31, 1995, Petitioner’s [Physican and Surgeon] certificate was revoked."

On Wednesday, Hepner published a poem here about the late painter R. B. Kitaj.

As far as I’m concerned, Dr. Hepner can commit all the frauds he wants. I like his poetry, including this offering:

We need to find the wrong, wrong notes,
regardless what the intellect
declares, and sow our wild, wild oats
inspired by the incorrect.

I couldn’t have put it better myself.

After getting sentenced in 1991 to eight years and four months in prison, ordered psychiatric treatment (he’d pled that mental illness caused him to commit complicated acts of fraud), foreiture of his medical and DEA license, and restitution and fines exceeding $200,000, Dr. Hepner pled guilty on June 6, 2007 to one count of conspiracy and one count of medical fraud. Sentencing is set for July 14, 2008.

From a February 14, 2007 FBI press release:

The two indictments outline a scheme in which the doctors, "cappers" and administrators at board-and-care facilities worked together to provide respiratory treatments on elderly, infirm and mentally ill people that were unnecessary, not performed in accordance with Medicare’s rules, or not performed at all. To facilitate the scheme, the doctors allegedly paid illegal kickbacks to cappers and board-and-care owners and administrators to make the elderly, infirm and mentally ill patients available for respiratory therapy.

From the Orange Country Register: "Administrators at the facilities were typically paid $100 per resident they referred to the recruiter, federal prosecutors said. Residents were lured to the near-daily treatments with soda, candy and doughnuts."

The good doctor posted this wish list to his Amazon.com profile, updated 9/30/007:

  1. Searching for Meaning in Midrash: Lessons for Everyday Living by Michael Katz
  2. The Covenanted Self by Walter Brueggemann
  3. How Do We Know This?: Midrash and the Fragmentation of Mdoern Judaism (Suny Series in Judaica : Hermeneutics, Mysticism and Religion) by Jay M. Harris

Dr. Hepner writes this review on Amazon.com: "Jacob Milgrom’s three part commentary of Leviticus cannot be commended highly enough. Not only does not contain Milgrom’s extraordinary insights into this book but it also covers all the literature so comprehensively that the book renders all other commentaries of Leviticus redundant and obsolete. Never before in has a single man been able to revise our opinion regarding a book of the Pentateuch as radically and as convincingly as Jacob Milgrom."

Just sixty nine, Dr. Hepner is wise beyond his years, as evidenced by this poem on Walter Benjamin:

Walter Benjamin became a Marxist only when
he fell in love with one; he chose his path,
as do so many interesting, intellectual men,
because of Cupid—go and do the math.

Dr. Hepner is familiar with the lash of politically-driven prosecutions. As he wrote to the New York Times Dec. 4, 1998:

To the Editor:

Donald C. Smaltz, the independent prosecutor in the case against Mike Espy, the former Agriculture Secretary, has said that although he spent millions of dollars, it was well worthwhile (front page, Dec. 3).

Worthwhile for whom? The Justice Department, perhaps, which is running amok in its prosecutorial zeal?

Might an apology from Mr. Smaltz to Mr. Espy have been more appropriate?

Despite his sufferings, Dr. Hepner finds solace in his art. Here’s his Jan. 27, 2006 poem "Uplifting":

Wrapped in a gorgeous gown that clung
to parts of her that were primordial,
revealing halves of breasts that hung
suspended between chords that cordial
accompaniment enhanced, she played
as though she was the soloist.
No quartet rained on her parade,
with her you merely coexist,
for she’s the diva on which eyes
are focused, while the ears are drifting.
Experiences like these surprise
those men who don’t find breasts uplifting.

Dr. Hepner knows the feeling of the seized fox. How can our society persecute such an artist? He writes:

"Let’s seize foxes that destroy
vineyards," say the ripe young maids,
each one anxious to enjoy
boys they call in serenades.
After grazing among lilies,
when the shadows tend to flee,
loving maidens turn like fillies,
on the mountain fancy free,
but at nighttime they start pining
for the lover they can’t find.
"Is he dining now or wining?"
is the question in their mind.
Round the city they all wander,
watchmen try to look away,
till the one of whom they’re fonder
far more than the king can say
lets them catch him, and then take him
to the house of their conceiver;
he must stay there, for they’ll make him,
Adam sleeping next to Eva.

In prison Dr. Hepner won’t have to run the "gauntlet of festivities."

The people whom I always meet
at weddings and at mitzvah bars
are those with whom it’s not a treat
to be with. I don’t ask for stars
of stage and screen, celebrities
like presidents and CEO’s,
to make to me like Hebrides
an overture, but why must I
spend time at all festivities
with people for whom I don’t care,
to learn about proclivities
that thankfully I do not share.
To run the gauntlet like a cat
that’s lived too long has been my doom;
I won’t have problems like this at
my funeral, I must assume

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Insider Trading Down Under

From The Age of Melbourne:

ONE of the bigger boardroom bunfights is taking place at the Australian Securities Exchange, where RiskMetrics has been seeking a protest vote against director Russell Aboud for the claimed poor performance of ASX in combating insider trading.

That backdrop made the ASX annual meeting in Sydney an interesting affair, with serial boardroom agitator Stephen Mayne on hand to stir the pot.

Mayne wanted to know if incoming ASX chairman David Gonski had acted as an adviser to Westfield‘s Peter Lowy – the man who recently pleaded the fifth amendment in a US tax probe.

Lowy, son of Westfield shopping centre mogul Frank Lowy, appeared before the US Senate’s probe on tax haven banks but, instead of assisting the investigation, Lowy declined to answer the panel’s questions. Lowy, a US citizen who runs Westfield’s American operations, asserted his fifth amendment right under the US constitution to refuse to answer a question as his answer might incriminate him.

Mayne wondered whether providing advice to Lowy was befitting for a man seeking the esteemed job of ASX chairman. In defending himself, we are not sure whether Gonski was confirming or denying the suggestion. Indeed, we are completely puzzled by the answer.

"When we’re talking about the affairs of somebody else I don’t feel I should comment," Gonski told the ASX annual meeting. "There was, in a number of newspapers, a comment that I was in a meeting. That may or may not be the case – this is not the place to negotiate it."

Which sounds a lot like one of George Bush‘s poorer public speaking moments.

It was downhill from there: "But it was left suggested that I did advise on those things, nor that there were things. So, it’s again a little bit of a trump-up having said that."

By which time people were recalling Donald Rumsfeld‘s "we also know there are known unknowns" speech.

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The Aussie Mall Baron Who Fights The Taxman

From Bloomberg:

Sept. 23 (Bloomberg) — Billionaire Frank Lowy, Holocaust survivor, one-time Israeli commando and now the world’s biggest shopping mall landlord, raises his hand to his forehead to indicate a shrapnel scar hidden beneath a shock of white hair.

As a 13-year-old Jewish boy in Nazi-occupied Budapest during World War II, Lowy supported his mother by foraging for food after his father was deported to Auschwitz and beaten to death by a camp guard.

He got the head wound helping Israel fight for independence from 1947 to ’49 after he’d joined the exodus to Palestine.

Lowy carries inner scars as well.

“All those events shaped my life,” says the founder and chairman of Westfield Group, owner of 118 malls stretching from Century City in Los Angeles to Bondi Junction in Australia as he sits in his headquarters overlooking Sydney Harbor. “It’s a requirement here to have some sort of paranoia. You have to think of what can go wrong even when times are good. So you can never enjoy your success fully.”

Six decades later, Lowy, 77, is sharpening his survival instincts once again. After selling properties and cutting debt to insulate his empire and its 63 billion Australian dollars ($51 billion) in assets against the global real estate slump and what’s become a financial crisis on Wall Street, he’s embroiled in his third bout in 16 years with tax authorities.

The U.S. Internal Revenue Service and the Australian Taxation Office, or ATO, are investigating claims he hid $68 million from tax officials.

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