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	Kings County District Attorney Charles J. Hynes Announces the Indictment of Samuel Kellner, Charged with Paying a Witness to Testify Falsely in a Sex Crime Case Kings County District Attorney's Office April 13, 2011 http://www.brooklynda.org/press_releases/2011/Press%20Releases%2004-11.htm CHARGES INCLUDE PAYING A CHILD WITNESS TO TESTIFY FALSELY AND ATTEMPTING TO EXTORT MONEY FROM A DEFENDANT TO GET HIS CASE DROPPED Brooklyn, April 13, 2011 – Kings County District Attorney Charles J. Hynes announced the indictment of Samuel Kellner, 49, charged with paying a child to testify falsely that Borough Park rabbi, Baruch Lebovits, had sexually abused him. Kellner is also charged with attempting to extort $400,000 from the Lebovits family to prevent other children from accusing the rabbi and to stop those who had come forward from pursuing their cases. The indictment charges that, in 2008, after Kellner learned Lebovits had been accused of sexually molesting a child, Kellner paid a second child $10,000 to falsely claim Lebovits also abused him. Both children testified before a Kings County Grand Jury which ultimately charged Lebovits with both misdemeanor and felony sex abuse counts, according to the indictment against Kellner. Kellner next sent emissaries to the Lebovits family demanding $400,000, in exchange for which, Kellner would prevent those witnesses from testifying at trial and prevent a third “victim” from coming forward, according to the indictment. The Lebovits family did not comply with the demand, and in November 2008, a third “victim” did come forward, the indictment charges. Kellner later threatened to bring a fourth “victim” to testify, according to the indictment. In March 2010 Lebovits was convicted of eight counts of Criminal Sexual Act in the Third Degree, with the testimony of the third witness. The second witness did not testify at the trial. Lebovits was sentenced to 10-and-two-thirds to 32 years in prison. Kellner is charged with Five Counts of Attempted Grand Larceny in the Second Degree, Two Counts of Perjury in the First Degree, One Count of Conspiracy in the Fourth Degree and Two Counts of Criminal Solicitation in the Fourth Degree. If convicted, he faces up to 21 years in prison. An indictment is an accusatory instrument and not proof of a defendant’s guilt. The case is being prosecuted by Counsel to the Rackets Division Nicholas J. Batsidis. Michael Vecchione is Chief of the Rackets Division. Contact: Jonah Bruno (718) 250-2300 1 KINGS COUNTY DISTRICT ATTORNEY CHARLES J. HYNES AND NEW YORK STATE WELFARE INSPECTOR GENERAL SEAN COURTNEY ANNOUNCE INDICTMENT OF DAYCARE PROVIDER CHARGED WITH FRAUDULENTLY COLLECTING MORE THAN $25,000 IN PUBLIC FUNDING FOR STUDENTS NOT ENROLLED IN HER PROGRAM Brooklyn, April 12, 2011 – Kings County District Attorney Charles J. Hynes and New York State Welfare Inspector General Sean Courtney today announced the arrest and indictment of Liliana Godzhinsky, 63, charged with submitting falsified forms claiming to have students not actually enrolled in her daycare program, in order to steal more than $25,000 in state funding. “Stealing from children is among the lowest of crimes, and that is exactly what this defendant did, by depleting state education funds to line her own pockets,” said District Attorney Hynes. “I would like to thank Inspector General Courtney and his agency for their help and hard work in this investigation.” Welfare Inspector General Sean Courtney said, “Publicly subsidized day care is critically important for New York’s poor and low-income parents in finding and keeping employment. In our troubled economy, as the demand for day care continues to exceed government funding, day care providers must do their job in safe-guarding the public’s investment. Sadly, corrupt day care providers, by filling scarce and expensive child care openings with no-show children, hurt parents who are truly desperate to find a place for their children. And, by billing New York City for no-show children, they cheat the City’s funding agency, the Administration for Children’s Services, and the public at large. I thank District Attorney Hynes for his prosecution of this case and for his vigorous commitment to protecting the integrity of our social services programs.” Charges against Godzhinsky include Grand Larceny in the Third Degree and 16 Counts of Offering a False Instrument for Filing in the First Degree. If convicted of the top count, Grand Larceny in the Third Degree, she could face a maximum sentence of 7 years in prison. The indictment charges that in October 2006 and between December 2008 and March 2010, Godzhinsky submitted falsified vouchers and monthly attendance records to the Administration for Children’s Services, after she approached a confidential informant, who, working under the supervision of investigators, agreed to partake in the defendant’s plan to fictitiously enroll the informant’s children at Luna Park Day Care Center in Brooklyn. As a result, ACS paid over $25,000 to the defendant on behalf of children who did not in fact attend Luna Park, according to the indictment. Godzhinsky, the educational director of Luna Park and Small Wonder Day Care Center, also in Brooklyn, approached the confidential informant as early as 2006, offering the informant monthly kickbacks in exchange for allowing her to use one of the informant’s children in the scheme, according to the indictment. The indictment charges that during the course of the fraud, Godzhinsky gave approximately $5,000 in kickbacks to the confidential informant while personally collecting more than $20,000 in ACS funds. With equipment provided by investigators, the informant video- and audio-recorded meetings that showed Godzhinsky, among other things, explaining how the scheme would work and delivering cash, according to the indictment. Investigators executed search warrants on both day care centers yesterday. An indictment is an accusatory instrument and not proof of a defendants’ guilt. The case was investigated by Senior Investigator Joseph Bucci, under the supervision of Chief Investigator Anthony Jacaruso, of the Office of the Welfare Inspector General. KCDA Supervising Investigator Clyde Augustine and Detective Investigators David O’Neill and Emil Tkhorovskiy investigated the case for the Brooklyn District Attorney’s Office. Joseph Ponzi is Chief Rackets Investigator. The case is being prosecuted by Assistant District Attorney Chin-Ho Cheng. Lauren Mack is the Chief of the Public Assistance Crimes Unit. Contact: Jonah Bruno 718-250-2300
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