Bienefeld Used Justice’s Name Without Authority, Court Hears

A motion to dismiss charges of conspiracy to defraud against Rabbi Jacob Bienefeld and his son, Myron, on the grounds of insufficient evidence, was denied by Magistrate Richard McKiniry in First District Magistrate’s Court yesterday.

Witnesses testified that the Downtown Center, Rabbi Bienefeld’s organization, used a judge’s name without permission in soliciting funds, that Rabbi Bienefeld misrepresented himself over the telephone, and that the Downtown Center is a “racket.”

Among the witnesses were former Magistrate Hyman Bushell, Sylvia Wells, a secretarial worker at the Downtown Center, Deputy Commissioner of Welfare Stanley H. Howe and Clark F. Ruck, a Port Jefferson Justice of the Peace.

Commissioner Howe termed the Downtown Center “a religious corporation that does primarily charity work. The kind of charity work performed,” he said, “is a disgrace to the community.”

“Children are exploited in its camp,” he asserted, “to line the pockets of the promoters. Reliable social workers have found that conditions at the camp are rotten. On some days the children were fed only potatoes.”

These remarks were stricken off the record after an objection raised by Irving Spieler, defense counsel.

Bushell repeatedly referred to the Downtown Center as a “racket.” “The Downtown Center is a fake,” he declared at one point. At another time he said, “I didn’t know synagogues work these rackets.” These remarks were stricken out.

Bushell explained how Myron Bienefeld, the messenger for the Downtown Center, had been trapped. He said he received a call from Evelyn Langfeld, secretary to Rudy Vallee, asking for advice about an alleged telephone request from Judge Ruck for a donation.

Bushell testified that he called the number left by the solicitor and asked for Judge Ruck. A man answered. Bushell said, identifying himself as Mr. Avery, secretary to Judge Ruck. Bushell testified that the voice guaranteed that Judge Ruck was a judge in New York City.

Later Ruck testified that he was a Justice of the Peace in Suffolk County, Long Island, that he had never had a secretary, and that he had never heard of Avery. The number Bushell called, Worth 27000, is the number of the Downtown Center, of which Rabbi Bienefeld is the head.

Bushell said he phoned again on the following day, July 26, and that a girl answered the phone. Bushell said he told the girl he was Lester Laydon, Vallee’s secretary. He testified he then heard the girl shout “a call for Judge Ruck.”

A man then spoke, Bushell said, who identified himself as Avery. Bushell said the voice was unmistakably that of Rabbi Bienefeld. Bushell asked to speak to Ruck, he testified, and after a pause Rabbi Bienefeld again spoke, saying he was Judge Ruck.

“Rabbi Bienefeld became Avery or Ruck just as he pleased,” declared Bushell.

“Will you fix cases in court for me?” Bushell testified he asked, still posing as Laydon. “Sure I will,” Bienefeld is said to have answered, saying, “I’ll fix cases for you or Vallee,” still pretending to be Judge Ruck.

Bushell then asked for a messenger to take Vallee’s check. Detective Harry Lichtblau of the District Attorney’s office, who had been listening to this conversation on an extension telephone, arrested the messenger, Myron Bienefeld, when he arrived with a letter and receipt.

Bushell, Lichtblau and the boy then went to the Downtown Center in his car, Bushell testified, and on the way the boy, in answer to the question, “Don’t you know your father is operating a racket?” answered, “What about it?”

ADMITTANCE AND RETRACTION

At the Downtown Center all found there were placed under arrest and taken to the District Attorney’s office. Bushell said Sylvia Wells admitted under questioning she had been the girl who answered the phone and it was Bienefeld who passed as Avery and Ruck.

In court yesterday she said she was not sure who had answered the telephone, although it was on her desk.

She testified Bienefeld often endorsed checks in Ruck’s name and that he signed Ruck’s name to letters. She also testified Bienefeld instructed her to call him if any one asked for Ruck.

Placed on the stand by John Sullivan, Assistant District Attorney, Ruck testified he had never given Bienefeld permission to use or sign his name. He said he received no money for use of his name.

Ruck was shown a letterhead of the Downtown Center listing him as honorary camp chairman. He said he never had given permission for such use of his name.

A letter was produced by Henry Gerson, associate defense counsel, the last paragraph of which gave a Mr. Every permission to act as secretary for Ruck in collecting funds. The letter was signed by Ruck.

Ruck did not write the last paragraph, he said, although he typewrites all his letters himself. He exhibited a carbon copy of the letter, which did not contain the last paragraph.

Ruck admitted signing the letter but denied ever having delegated authority to sign his name or use his name in collecting of funds.

Gerson showed discrepancies between the copy and the original letter and proved to Judge McKiniry’s satisfaction it was not a true carbon copy. Ruck could not explain the discrepancies.