Relevant and Applicable Laws in This Case
This is a crime called International Parental Abduction. In this case, an additional
crime called Interference With Custody was also commited.
Legal experts who have reviewed this case have indicated that Smadar Hameiry is also guilty
of a crime called Concealing Minors Contrary to Court Order. This is because
Smadar Hameiry has refused to return the children to Florida even after she was properly
served and responded to the Custody Orders issued by the Florida Court during the Florida
divorce proceedings. Smadar Hameiry is also fully aware of the fact that the Florida
divorce was finalized on September 4, 2007, and that she lost legal custody of the
children because she kidnaped them to Brazil on March 20, 2007.
In November 2007, a request for money came through a Brazilian "Rabbi" that had spoken to Smadar:
"If you want to talk to your children, then send money!!!" This is called EXTORTION and may
explain why Smadar Hameiry took the children, to get more money from her ex-husband.
Because the children where illegally removed from the USA and illegally taken into Brazil,
this is also considered a case of CHILD TRAFFICKING.
The case was initially handled by the Palm Beach Sheriff Office. But because of their incompetence, and
following complaints from various agencies including the US State Department, the National Center
for Missing and Exploited Children, and the Florida Department of Law Enforcement, the case was
taken over by the FBI, and in the end criminal charges were filed against Smadar Hameiry.
Smadar Hameiry is guilty of the following crimes against children.
Howard Poznanski, Diana Levy, Rivka Denburg and Yossi Denburg are
conspirators and/or accesories in the following crimes against children.
U.S. Federal Law: International Parental Abduction
The International Child Abduction Remedies Act (ICARA)
U.S. Code Title 42, Chapter 121, Section 11601, states:
Persons should not be permitted to obtain custody of children by virtue
of their wrongful removal or retention. The international abduction or
wrongful retention of children is harmful to their well-being.
U.S. Federal Law: Removing a Child From the United States
The International Parental Kidnapping Act of 1993 (IPKA)
U.S. Code Title 18, Chapter 55, Section 1204, states:
Whoever removes a child from the United States, or attempts to do so,
or retains a child (who has been in the United States) outside the
United States with intent to obstruct the lawful exercise of
parental rights shall be fined or imprisoned.
Florida State Law: Deprive Another Person of His Right to Custody
Florida Statute 787.03(2) - Interference With Custody - states:
In the absence of a court order determining rights to custody or visitation
with any minor, any parent of the minor who has custody thereof and who
takes, detains, conceals, or entices away that minor within or without
the state with malicious intent to deprive another person of his or
her right to custody of the minor commits a felony (crime).
Florida State Law: Failing to Deliver the Minor to the Person Designated by the Court
Florida Statute 787.04(4) - Concealing Minors Contrary to Court Order - states:
It is unlawful for any person, who has carried beyond the limits of this state any minor
whose custody is involved in any action or proceeding pending in this state pursuant to
the order of the court in which the action or proceeding is pending or pursuant to the
permission of the court, thereafter, to fail to produce the minor in the court or deliver
the minor to the person designated by the court.
US Federal and Florida State Laws: Criminal Conspiracy
A person who agrees, conspires, combines, or confederates with
another person or persons to commit any offense commits
the offense of criminal conspiracy.
US Federal and Florida State Laws: Accessory After the Fact
Any person who maintains or assists the principal or an accessory
before the fact, or gives the offender any other aid, knowing that
the offender had committed a crime or had been an accessory
before the fact, with the intent that the offender avoids
or escapes detection, arrest, trial, or punishment,
is an accessory after the fact.
Criminal charges were filed against Smadar Hameiry almost 3 years after kidnapping her
children to Brazil. But why did law enforcement officials wait so long to file criminal
charges against her? And why have the conspirators in this crime, Yossi Denburg,
Rivka Denburg, Howard Poznanski, and Diana Levy, not been charged yet?
While every single law enforcement official understands very well that Smadar Hameiry
commited a crime when kidnapping her children to Brazil, they did not want to file any
criminal charges against her. The main reason given by law enforcement officials
is that filing criminal charges is "too expensive" and "takes too much time."
Furthermore, law enforcement officials also stated that filing criminal charges against
Smadar Hameiry would be "useless" and even "counterproductive" because Brazil is a
country that does not extradite criminals, and if criminal charges were filed, Brazil
could use that as an excuse for not returning the children under the Hague Convention.
So the question is, why did law enforcement officials decide to file criminal charges against
Smadar Hameiry? Various lawyers have explained that according to US Immigration Laws,
a woman who commits a custody related crime is banned from life from entering the USA.
This even includes women who are US citizens but have abducted their children to a
foreign country. When they wish to return to the USA, they will not be allowed.
In this particular case, as in many other similar parental abduction cases, the lawyers
explained that the intention of the criminal charges is NOT to recover the children and
return them to the left-behind parent, but simply to prevent Smadar Hameiry from ever
returning to the USA. A similar explanation was also obtained from Israeli officials.
Lawyers in the USA were very angry at the Palm Beach Sheriff Office for not filing criminal
charges against Smadar Hameiry IMMEDIATELY after the children were abducted. They said
that PBSO officials are "the worst criminals in Florida." Lawyers also stated that "the reason
there are so many parental abductions in South Florida, is because the Police does nothing
about it." Lawyers concluded that the reason the PBSO did not handle this case properly
is because they are "lazy, stupid, incompetent, and corrupt."
In response, a PBSO official stated that "divorce attorneys are criminals with a license to
steal." Lawyers also said that the PBSO commited a federal crime in relation to the way it
handled this case. Most people believe that the PBSO received a bribe from Howard Poznanski
in order to ignore this abduction. Nevertheless, an official from the NCMEC stated that they
believe that "the PBSO officers are not corrupt, only lazy, stupid, and incompetent."
An experienced law enforcement official from a different police department stated that "while
it's obvious that Howard Poznanski, Diana Levy, and maybe other people from Chabad provided
false information to the PBSO in order to prevent an effective Police investigation, and to convince
them to ignore this criminal abduction, NO ONE IS THAT STUPID! The only logical explanation
for the behaviour of the PBSO is that they were paid a bribe in order to ignore this crime."
Lawyers and law enforcement officials in Brazil and Israel stated that if a woman would have
done in Brazil or Israel what Smadar Hameiry did in Florida, they would have filed criminal
charges against her immediately. A lawyer working for the Brazilian Police stated that "the
American Police have no self-respect for themselves or for the laws of their own country."
Please help us pray for the safety and good health of these children !!!
Please help us save these young innocent and beautiful children !!!
Please help us bring these children back home !!!
Please email us at email@example.com if you have any helpful information.
Thank you !!!
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