TRENTON, NJ—An Israeli citizen living in
Brooklyn, New York, was sentenced today to 30 months in prison for brokering
three illegal kidney transplants—in exchange for payments of $120,000 or
more—before he was caught conspiring to organize another black market sale, New
Jersey U.S. Attorney Paul J. Fishman announced.
Levy Izhak Rosenbaum, a/k/a “Isaac
Rosenbaum,” 61, previously pleaded guilty to an information charging him with
three counts of acquiring, receiving, and otherwise transferring human organs
for valuable consideration for use in human transplantation; and one count of
conspiracy to do the same.
The defendant entered his guilty plea
before U.S. District Judge Anne E. Thompson, who also imposed the sentence
today in Trenton federal court. Rosenbaum’s convictions are the first under the
federal statute involving the black market sale of kidneys from paid donors.
“A black market where the moneyed sick
can buy replacement parts from the less fortunate is not only grim, it
apportions lifesaving treatments unfairly, insults donor dignity, and violates
the law,” said U.S. Attorney Fishman. “Prison is an appropriate punishment for
Levy Rosenbaum’s illegal capitalization on others’ desperation. Although
Rosenbaum painted himself as a benevolent kidney matchmaker, the criminal
profits went right into his pocket.”
According to documents filed in this
case and statements made in court:
Rosenbaum admitted that from January
2006 through February 2009, he conspired with others to provide a service, in
exchange for large payments, to individuals seeking kidney transplants by
obtaining kidneys from paid donors. Specifically, Rosenbaum admitted to arranging
three transplants on behalf of New Jersey residents that took place in December
2006, September 2008, and February 2009. Rosenbaum admitted that he was paid
approximately $120,000, $150,000, and $140,000, respectively, on behalf of
these three recipients.
Rosenbaum’s kidney business was exposed
through the use of cooperating criminal defendant Solomon Dwek and an
undercover FBI agent (the UC) who was posing as an employee of Dwek and
represented to Rosenbaum that her uncle was in need of a kidney transplant.
Dwek and the UC first met with Rosenbaum in mid-February 2008, at which time
Rosenbaum informed them that “[i]t’s illegal to buy and sell organs,” but
assured them that “I’m doing this a long time.” Rosenbaum explained to Dwek and
the UC that he would help the recipient and the donor concoct a fictitious
story to make it appear that the transplant was the product of a genuine
donation and that he would be in charge of babysitting the donor upon the
donor’s arrival from overseas. Rosenbaum also informed Dwek and the CW that he
would charge $150,000 to arrange the transplant, explaining that the high price
was due in part to payments that would be made to individuals in Israel for
their assistance in locating the donor.
Rosenbaum met with Dwek and the UC again
in August 2008, at which time Rosenbaum required that a blood sample be taken
from the UC’s uncle to ensure a donor with the appropriate blood type was
located. Rosenbaum related that he had an associate he paid in cash who would
take the blood sample and reiterated that he would help coordinate the cover
story between the recipient and donor, assuring them that “so far, I’ve never
had a failure.” During the meeting, Rosenbaum informed Dwek and the UC that the
price had risen to $160,000. He also accepted four blank checks totaling
$10,000 from Dwek as a down payment and informed Dwek that the checks would be
made payable to a charitable organization, the name of which Rosenbaum would
fill in on the checks before depositing them.
At a July 2009 meeting, Rosenbaum
informed the UC that he had been arranging kidney transplants like the one to
be done on behalf of her uncle for a period of 10 years, the most recent only
two weeks earlier.
During his guilty plea, Rosenbaum
admitted he informed the FBI agent and the three kidney recipients that he
could locate individuals who were willing to donate their kidneys in exchange
for money. Rosenbaum admitted he typically located individuals in Israel
willing to be paid for giving up their kidneys and that he would be responsible
for arranging the paid donors’ travel to the United States as well as their
accommodations in the United States before and after the transplant surgery.
Rosenbaum admitted that he arranged for blood samples to be drawn from the
potential recipients so that appropriate donors could be located. He also
acknowledged that he assisted each paid donor and recipient with fabricating
cover stories in order to fool hospital employees into believing that the
transplant in question was the product of a genuine donation.
In addition to the prison term, Judge
Thompson sentenced Rosenbaum to serve three years of supervised release and
ordered him to pay a $5,000 fine in addition to his forfeiture of approximately
$420,000—consisting of the $410,000 he accepted for brokering the transplants
and the $10,000 down payment he accepted from Dwek.
U.S. Attorney Fishman credited special
agents of the FBI, under the direction of Special Agent in Charge Michael B.
Ward, and IRS–Criminal Investigation, under the direction of Acting Special
Agent in Charge John R. Tafur, with the investigation.
The government is represented by
Assistant U.S. Attorney Mark McCarren of the U.S. Attorney’s Office Special
Prosecutions Division in Newark.
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