Albany, NY – A rabbi and his wife who were accused of pilfering a dead relative’s estate have staved off prison terms by agreeing to serve periods of probation and repay $150,000.
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Moshe and Debra Berger, both 50, of 171 Hollywood Ave, will be held jointly liable for restitution to the relatives who brought charges against them.
Moshe’s father lived with the couple for years, and he gave them power of attorney to handle not only his affairs, but to help provide for them, but after his death, Debra continued to exercise that power of attorney. The Albany County District Attorney’s office accused the couple of spending the money on trips to California, Florida and Israel, and on clothing, dinners out and jewelry. The alleged scam was discovered during the probate process, authorities said.
Although originally charged with second-degree grand larceny, and facing 5 to 15 years in state prison, if convicted, Debra Berger pleaded guilty to fourth-degree grand larceny, and will serve 5 years’ probation, and Moshe, a rabbi without a congregation, faced 1 to 4 years behind bars if found guilty of first-degree falsifying a business record, a felony. However, the former kosher food inspector for Vaad HaKashruth of the Capital Region pleaded guilty to a misdemeanor count of petit larceny, and will serve three years of probation.
He admitted endorsing two checks that totaled $28.
The Bergers must hand over a check for $50,000 at their Jan. 30 sentencing and repay the $100,000 balance in amortized payments over five years, Grenz said.