united states district court southern district of new … · 2021. 1. 14. · honorable denise l....

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

v. ZALMUND ZIRKIND,

Defendant.

Case No. 19-CR-463-5-DLC

ADDENDUM CONTAINING LETTERS* SUBMITTED IN CONNECTION WITH

SENTENCING MEMORANDUM ON BEHALF OF ZALMUND ZIRKIND

*Redacted to delete names of minors and medical diagnoses.

Neil M. Schuster 555 N.E. 15th Street, Suite 2C Miami, FL 33132 (305) 416.0324 Fax: (305) 416.0325 Johanna S. Zapp 550J Grand St., Suite 5F New York, NY 10002 (917) 742.4953 Fax: (917) 492.1879 Attorneys for Defendant Zalmund Zirkind

Case 1:19-cr-00463-DLC Document 171-1 Filed 01/05/21 Page 1 of 72

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1) Letter to Hon. Denise Cote

from Levi Shemtov, Friendship Circle

2) Online Volunteering with SMART Recovery, Training Program, Zirkind Certificate of Completion

3) Rochel Zirkind, wife.

4) Nechama Dina Turk, sister.

5) Shaina Steinmetz, daughter.

6) Yentie Zaltzman, sister in

law.

7) Nechama Dina Weiss, sister in law.

8) Rabbi Shlomie Chein,

friend.

9) Mordechai Nelken, friend.

10) Dovid Zaklikowski, friend.

11) Bena Cunin, mother in law.

12) Abraham Boyarsky, friend.

13) Jack Russ, friend.

14) Naomi Feder, friend.

15) Nathan Friedman, friend.

16) Shaya Denburg, friend.

17) Simon Tuarig, friend.

18) Shmuli and Reesa Wenger, friends.

19) Rabbi Jacob Feder, friend.

20) Rabbi Yehuda Ceitlin, friend.

21) Avrohom Gurary, friend.

22) Rabbi Benny Zippel, friend.

23) Olivia Benarroch, friend.

24) Mendel Marasow, brother

in law


Addendum 1

1) Letter to Hon. Denise Cote from Levi Shemtov, Friendship Circle


Addendum 2

2) Online Volunteering with SMART Recovery, Training Program, Zirkind Certificate of Completion


Zalman Zirkind

GSF 201: Facilitator Training

19 November 2020


5fb6f7f3-82cc-4623-bcc2-47520a000204


Addendum 3

3) Rochel Zirkind, wife.


Honorable Denise L. Cote United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007

Re: United States v. Zalmund Zirkind, S9 19 Cr. 463 (DLC)

Judge Cote,

By the Grace of G-D

This was a difficult letter to write, because as I write it I am reminded more strongly than

ever about the gaping hole in our lives now with Zalman away. This tremendous void is

felt in the absence of a husband who was and will be again an equal partner or even

more, a man that cared for our family above all else, and who is the rock I need to keep

us going.

Zalman and I met nearly 30 years ago, when he was 23 and I, 21.

His outgoing, positive nature complemented my more reserved personality, and we

immediately “clicked”- I felt secure and special in his presence.

Throughout the years of our marriage, Zalman has always been there for me- whether it

was patiently teaching me to drive, to being physically and emotionally supportive through

challenging times.

He is my biggest fan, always complimenting me, showing his appreciation for all I do, and

showing genuine interest in my teaching and life.

With his kindness, optimism and great sense of humor, he is truly the light of my life.

Now I awake in the morning, and my ears strain to hear him going about his morning

routine- only to be reminded that he is far away- and I feel so bereft.

Seeing his empty chair and belongings is so painful, it brings me to tears.

Though we speak, and Facetime frequently throughout the day, and I call him during the

sleepless nights as well, the loneliness is unbearable.


Zalman largely takes over Mom’s morning duties, so that Mom can be dressed, put

together, and prepared for a full morning of teaching highschool. Mom leaves early to

find a coveted parking spot, as well as to have time to make copies and final preparations

for teaching. Zalman brings S to school shortly after.

Without Zalman

Mom must do the full morning routine, getting both children ready for school while

simultaneously trying to get herself ready at the same time.

Mom leaves early to find parking, but can’t drop S off too early in school, so S gets

stir crazy in the car.

Sabbath with Zalman

Mom and S light candles, and Zalman heads to Synagogue with his sons.

Upon their return, we enjoy a special dinner, with Dad saying the special blessings on the

Kiddush and conversing with all.

Saturday morning, Mom gets to sleep late one day a week, as Zalman gets up to take

care of S .

Mom keeps S busy all morning, while Dad and L are in Synagogue.

Upon their return, we sit down to a special Sabbath lunch, with Zalman again making the

special blessings.

The afternoon is family time, with Zalman and Mom giving each other breaks when

needed, ie Zalman taking S for a long walk when he sees it’s necessary.

Sabbath without Zalman

Friday, Mom hurries to be sure everything is set for the Sabbath (there are various things

that must be done in advance, and not on the Sabbath itself)

Mom and S light the candles- it is painfully lonely, without Zalman standing beside me

as usual.

14 year old L heads to Synagogue by himself.

When he returns, he tries to fill his father’s shoes, bravely reciting the blessings.


Appointments

Medical appointments for the children were usually attended by both parents, or just

Zalman.

Now Mom struggles to juggle all her responsibilities, as well as these appointments.

It’s been months, Holidays spent alone, and the tremendous pressure of being the only

one physically here to do everything.

As much as Zalman makes every effort to be supportive and helpful even under the

present circumstances, he is very limited in what he can do.

It’s not just his physical help, his presence is missed desperately.

Particularly painful is when the kids cry for him, and I'm unable to tell them when he is

going to return.

I can’t let my guard down for a moment, even when exhausted or feeling unwell- I have

to be there for the kids . It frightens me to think what would happen to the children, if G-d

forbid, something were to happen to me.

Your Honor, this mother and wife humbly asks that you may have mercy and

compassion on the man that keeps our family complete, who helped me carry the heavy

load I have been left to bear alone. I know he has done wrong, and has committed a very

serious crime, but please allow him to return to his family who need him so desperately.

I really can’t do this alone for much longer.

Sincerely,

Rochel Zirkind


Addendum 4

4) Nechama Dina Turk, sister.


Addendum 5

5) Shaina Steinmetz, daughter.


December 7, 2020

Honorable Denise L. Cote United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007 Re: United States v. Zalmund Zirkind, S9 19 Cr. 463 (DLC)

Honorable Judge Cote, I write this letter as the oldest child of Zalman Zirkind representing my siblings. We were recently made aware that our father was charged with money laundering. We were obviously quite shocked as our father is a true man of character. As the oldest children in our family, we can attest that our father was truly the most devoted and exemplary parent throughout our childhood and now adult years. There are so many examples of ways our father was invested and involved in our daily life growing up. Our education was extremely important to our father, and he was extremely involved in our studies and in communicating with our schools. He supported us throughout our higher education and advocated for us to be accepted into top schools that would enable us to reach our full potential. He would always inquire about our studies and showed interest in our projects and school events. When we were younger and still living at home, our father was most involved and dedicated in our daily life. He would make every effort to come home for dinner time with the family, which was always the highlight of our day. He would take us to all our appointments and social events, would carpool us to school every morning, and later taught us how to drive. As parents of young children today, we aspire to be as hands-on and dedicated as our father was to us in our youth. Aside from being an involved and excellent parent, we learned a lot from my father’s character of giving to others. He is always going out of his way to help others, be it financially, emotionally, physically or spiritually, His life of giving inspired us to take leadership roles in our current respective communities. We still have a few younger siblings living at home, and it would be extremely detrimental to them to not have our father present at home. Being that he is an extremely involved and hands-on parent, his absence is very difficult on our youngest sister and brother, and they are suffering from him being away from home for so long.


We know that he has committed a crime, but we hope there is a way that he can pay a penalty for his conduct that will allow him to do what is so needed for the youngest in the family, and my mother who is not doing well. The tremendous good our father has done and continues to do for our family and others far outweighs this one serious wrongdoing. Sincerely, Shaina (Zirkind) Steinmetz


Addendum 6

6) Yentie Zaltzman, sister in law.


Addendum 7

7) Nechama Dina Weiss, sister in law.


Honorable Denise L. Cote United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007 United States v. Zalmund Zirkind , s9 19 Cr. 463 (DLC) My name is Nechama Weiss. I am a 45 year old female and is the sister-in-law of Zalman Zirkind. My elder sister married Zalman when I was in eleventh grade. Although he is the fifth man to marry into our family; Zalman proved to be special. Zalman brought peace, calm and security to our family. If anything went wrong or anyone needed rescuing it was always “call Zalman”. Zalman would give the shirt off his back if it seemed like you needed one. My parents had many children (12 to be precise) and with it came happy and hectic, challenging and joyous moments. Through thick and thin- Zalman was there for all of us. I will share what is probably just the tip of the iceberg of the times that Zalman did all of the above. It was a warm and muggy evening when our sewer broke. My parents were frantic as the sewage water rose and was threatening to flood the rest of the basement. The problem was that the rest of the basement contained a carpeted area where all of the children’s bedrooms were located. I remember my mother bailing buckets of water over and over again. Zalman and my sister who were newlyweds at that time dropped in to pick something up. Assessing the situation, Zalman ran downstairs and joined the sewage effort. Another brother in law that was in the home at the time just gaped at the situation, but Zalman rolled up his shirtsleeves. I really wanted to get married. Boy after boy that I dated turned out to be a disappointment. My spirits were down. Yet everytime that Zalman and my sister visited he would lift my mood by telling me that there was someone he saw in synagogue that he was going to talk to and another phone call that he would make. While I was dating the right one- a terrible family event took place. My elder brother was in a horrible car accident that left him in a coma with brain injury. My parents were besides themselves. Who came to the rescue? Who drove in the middle of the night to bring my parents to my brother's bedside? Of course it was Zalman. Who kept calming my parents down by reassuring them that things would all work out? Zalman. Were things dire? Absolutely! The doctors weren’t sure he would ever gain consciousness.


Zalman called me at that time and told me to continue dating and sharing snippets of my dating life with my parents. He said “ give them something to live for”. This was a difficult time that had many ups and downs. My brother in law was always there to help with everything and anything. My father had health issues. He hadn’t worked for months. This was the first time that I saw my mother cry. She was helpless and had no one that could help with the situation. The doctors didn't have a good grasp over the situation. Zalman made all of the phone calls to find a specialist that was able to help. He flew in to bring my father to the doctor. The doctor didn't take the insurance that my parents had at that moment. Zalman assured my mother that it was covered. He alone took on the bills including paying off a large amount of money owed on the credit card that my father had been using to pay those months of bills. Zalman brought and continues to bring joy to all of those around him. I am lucky to have him as part of our family. Any considerations made toward him will be absolutely appreciated. Zalman always helped us- it's now our chance to help Zalman. Zalman committed a crime. Money laundering for drugs is not ok. But here is why i beseech you to be lenient in sentencing Zalman We need Zalman to continue to be the most caring father, devoted husband, kind father-in-law and compassionate human being out amongst us. Our entire family needs him. Let me tell you about a devoted husband. It sticks out clear in my memory. I was at their house visiting. My sister had placed a large detergent bottle on the shelf without closing it. Zalman went to reach the shelf and had the entire bottle pour over him. Without hesitation and not a single reprimand toward my sister: Zalman got down on the floor and spent the next hour wiping and cleaning, mopping and draining to get the detergent off of the floor. And as a father whose children need him?

I cannot imagine a world without Zalman in it. Thank you in advance, Nechama D. Weiss


Addendum 8

8) Rabbi Shlomie Chein, friend.


BH

Sep 24, 2020 Honorable Denise L. Cote United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007 Honorable Judge Cote, I am aware and saddened by the fact that my brother-in-law Zalman Zirkind has been charged with serious crimes. I do not write this letter in order to diminish any of the charges against him, only to enlarge the lens through which Zalman is viewed. It is my hope and request that his actions be judged in the larger context of his character, and thus hopefully more mercifully. I want to share with you some of the kindnesses Zalman has bestowed upon me over close to two decades, namely, when I just entered the family (his wife and mine are sisters), some 19 years ago. Just after my wedding, I was diagnosed with

Although he barely knew me, and lived in a different country, Zalman immediately stepped up to the plate to assist in any way possible, including helping us find and get expedited appointments with a top neurologist in New York, the Doctor who ended up treating me. He also rallied my wife’s family, raising a few thousand dollars in order to purchase and install in my third-floor apartment a chair lift so that I can get in an out on my own, restoring not only my mobility but also my dignity. Throughout the years he regularly checked in on us, invited us for holidays or summer vacations, and helped us whenever we asked, including once volunteering to drive two hours each way so we could fly from an airport with more economical airfare. For close to two decades now, I always knew, and know, that if I turn to Zalman for a favor (and sometimes even if I don’t, but if he somehow finds out that I am in need of assistance) I can consider it done. May his good deeds and kind heart stand by him during these trying times. Sincerely, Shlomo Chein


Addendum 9

9) Mordechai Nelken, friend.


Addendum 10

10) Dovid Zaklikowski, friend.


Addendum 11

11) Bena Cunin, mother in law.


November 24, 2020 Honorable Denise L. Cote United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007 Re: United States v. Zalmund Zirkind, S9 19 Cr. 463 (DLC) November 24, 2020 Dear Honorable Judge, I am Zalman Zirkind’s mother in law. I know him since he married my daughter Rochel 28 years ago. From the moment he entered our family, we were blessed. He seized any opportunity to avail himself to all members of our family whenever there was a need. In this letter, I will not describe how he selflessly gave up time, money and energy to help many of my children and others when they were desperately in need of assistance. Instead I will attempt to convey in a few short words the absolute dedication he had to my husband and me all through the years, specifically when my husband was diagnosed with colin cancer. With loving care he helped guide us through the maze that our life had become. Whether it was doing the research or the actual physical actions of accompanying us to doctors and making sense of their predictions, Zalman made it his business to assist us even at the cost of his own personal well being. When my husband was incapacitated, Zalman knew it would mean a lot to my husband’s emotional well-being to spend the holidays in Montreal , as we had been accustomed to doing for many years, Zalman made the trip personally to bring my husband to his home. He physical cared for him the entire time. The utmost respect with which he treated my husband, made the last months of my husband’s life as dignified as it could possibly be under the circumstances. When I heard that Zalman, who I consider another son, was being charged with money laundering, I was brokenhearted. What he has done is contradictory to the person he has been all these years. Obviously as he is human and therefore can make mistakes, he has made some poor choices which he regrets. I feel that the amount of good that he has to contribute to his family and to his community in general is immeasurable. He is the kind of person that if given the chance will spend the rest of his life using his innate sensitivity and talents to ease the burden of anyone in need that he meets.

Thank you, Bena Cunin


Addendum 12

12) Abraham Boyarsky, friend.


Addendum 13

13) Jack Russ, friend.


Addendum 14

14) Naomi Feder, friend.


Addendum 15

15) Nathan Friedman, friend.


Addendum 16

16) Shaya Denburg, friend.


Addendum 17

17) Simon Tuarig, friend.


Simon Traurig

6535 Mountain Sights Ave

Montreal Quebec, H3W-2Z5

Canada

Honorable Denise L. Cote

United States District Judge

Daniel Patrick Moynihan United States

Courthouse

500 Pearl Street

New York, New York 10007

December 15, 2020

Dear Judge Cote,

Please excuse my taking of your time with my letter. I truly appreciate you reading this.

My name is Simon Traurig. I have been married now for almost 23 years, thank G-D. I live in Montreal, Quebec Canada. My wife and I have a beautiful family that we are blessed to raise together with the grace of G-D.

We have been further blessed to be successful in the business world. We own and operate hotels in Quebec and are able to devote our time to our family and the community that surrounds us.

Amongst the few hundred community members that I am friendly with and attend synagogue with is Mr Zalman Zirkind.

I have known him now for over 22 years. We would see each other daily; in the morning arriving at synagogue, later in the morning dropping off our children to the same schools and in the evening returning to the synagogue to round out the day with prayers and often study sessions.

I have been made aware that Zalman is to be sentenced for a federal crime.

Certainly the Court has its procedures and far be it from me to speak.


It is only that I wish to write to Judge Cote and mention that during my interactions with Zalman as mentioned above, I have been silent witness to his daily routine regarding his children.

Daily, Zalman would arrive at our daughters school to bring his youngest daughter to school.

Then later in the day I would observe Zalman bringing his young son to the synagogue for evening p a e Hi on eemed o f agile he o ldn eall in e ac i h an of Ho e e , with his father Zalman he had a huge smile and would happily join the communal prayers.

Please may I ask for the compassion of Judge Cote to hear my words?

Zalman has been away from his home and family for close to 6 months now. His children relied on their father so much. I don ee hi child en among anymore.

I know his wife is a very private individual. I don ee he allo ing he e of in he comm ni o fill the void left by Zalman s absence.

Please, these two young children of Zalman in my opinion are suffering more than I can describe in this letter.

Thank you so much for reading my letter. May we all know of only the best of health, happiness and prosperity in the new year to come.

Respectfully yours,

Simon Traurig

Montreal, Quebec Canada


Addendum 18

18) Shmuli and Reesa Wenger, friends.


December 13, 2020

Honorable Denise L. Cote United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007 Re: United States v. Zalmund Zirkind, S9 19 Cr. 463 (DLC) Our son Chaim, is 18 years old and has . Ever since he was a little boy Zalman has taken a liking to Chaim. When Chaim was little we would often see Zalman on our way to school and Zalman would always stop to say hi to Chaim and give him a coin to give to charity that day in school. When seeing Chaim in a store, or synagogue he always has a kind word and smile for our son. We miss seeing Zalman around our community and Chaim definitely noticed his absence. A kinder, more gentler gentleman as Zalman are a rare find. Thank you, Shmuli and Reesa Wenger


Addendum 19

19) Rabbi Jacob Feder, friend.


Addendum 20

20) Rabbi Yehuda Ceitlin, friend.


Addendum 21

21) Avrohom Gurary, friend.


Addendum 22

22) Rabbi Benny Zippel, friend.


Addendum 23

23) Olivia Benarroch, friend.


Addendum 24

24) Mendel Marasow, brother in law.


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December 7, 2020

Honorable Denise L. Cote United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, New York 10007 Re: United States v. Zalmund Zirkind, S9 19 Cr. 463 (DLC) Your Honor,

My name is Mendel Marasow, and I am taking the liberty to address Your Honor, with reference to Zalman Zirkind - who pleaded guilty in your court.

I am 55 years old and live in Montreal. Zalman is a bit younger than me, but I have known him since childhood. Zalman has always been sincere, caring and very giving, companionate and always ready to lend a helping hand. That is the Zalman I know.

I was so impressed with Zalman, that he became my brother in law. Zalman married my wife’s younger sister, Rochel. After Zalman and Rochel’s marriage, they moved to Montreal, where our families literarily grew up together. Our families ate at each other’s homes, celebrated together and cried together. As close families should.

It is fair to say that I know Zalman well. While it is difficult to capsulate a person’s life in a sentence or paragraph, I will attempt to illustrate the Zalman I know and love, by presenting some of the good he has done that I personally experienced.

CAMP:

For years my wife and I were directors of Camp Pardas Chana, an overnight camp for girls, ages 9 – 14, in the Laurention Mountains of Quebec. One Thursday evening, a van with 15 girls were struck right in front of camp (by a police car no less), the van flipped a few times, some kids ended up in the hospital, one with a punctured lung. All thank g-d survived.

The van however was totaled. This same van was scheduled to drive to Montreal next (Friday) morning to pick up food for the camp for Shabbos. Only one person called me to ask if I needed any help - that was Zalman Zirkind. He rented a van, made all the food pickups, delivered everything on time, and brought treats for the kids who were hurt.

All I was able to say was thank you. He left as he came – quietly. This was 25 years ago, remembering this still chokes me up.

He never asked for anything in return.


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MY FATHER:

In February 1995 my father suffered a debilitating aneurysm. He was in his early 60’s. As a religious family, we insured that my father always had a Minyan to pray with on Shabbos mornings. Whether it was in the hospital, rehab or home, we never missed a Shabbos, even while he was in coma.

As he plateaued in his recovery, he regained consciousness but remained incapacitated, with a feeding tube and a tracheotomy for the remainder of his life. He lived for another nine years in that horrific state.

Nine years is a long time. By then our Minyan became a community. Even after my father’s passing in 2003, this little community remained and transformed into a Shul in my mother’s dining room. As years went by, a small Shul was built in my late parents’ basement for our growing community. Even after our family sold my parents’ home, this small Shul remained vibrant, with a 2nd generation of users.

This gem of a Shul closed its doors in March 2020 due to Covid-19. It is one of the many casualties of this pandemic.

There is one person who carried this small and sweet community for 25 years. That is Zalman Zirkind. He schlepped his little kids in the winter snow to pray with my father, and they brought their own little ones to the same Shul.


WEDDINGS:

The holiest and sweetest time for a bride and groom is when they are standing under the Chupa to begin their new lives together. There are many customs and traditions; one includes being dressed in white, as on Yom Kippur, for their special moment.

At every Montreal community wedding, doesn’t matter who it is, when it is or where it is, Zalman Zirkind would be there dressing the groom in preparation of the Chupa. That was his thing. He spent about three hours per wedding while he remained invisible.


HIS FAMILY:

Zalman is an exceptional son to his mother Frieda (who is widowed), an exceptional husband to his wife Rochel, and exceptional father to his children. He is their rock, their solace and their inspiration.


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Knowing what I know now, my respect for Zalman (and Rochel) has only grown,

As There is no way her mother can hold it together much longer. That’s the reality

up close.

Your honor:

Zalman is accused of, and plead guilty to, serious crimes. As painful as it is, we cannot turn back the clock on that. However, this situation is not normal (whatever normal means). I am frightened by this reality, knowing that Rochel, her kids, especially S , cannot hold out much longer. Even in normal times, families can’t hold it together

His wife Rochel and his family need their dad back.

The paper is too short and the ink is too dry to be able to capture on paper the real Zalman Zirkind. Let me just say this. He is a good man, has a big heart, loves his community, performs endless acts of kindness and seeks nothing in return.

I plead for Zalman and his family. Being indicted, going through the justice system, taking ownership of his wrongdoing and pleading guilty, displaying true remorse for his actions, not to mention the embarrassment Zalman and his family now face, is a powerful message and a lesson learned. Please show mercy for Zalman and compassion for his family, and seal his fate with a second chance of righting the wrong.

I thank you for reading my words, I pray that you judge Zalman as the person he is, the person he can be and not just the person on the indictment.

Sincerely,

Mendel Marasow 4965 Plamondon Montreal, QC, H3W1E9 Canada [email protected] 514-463-5978


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