[Note: see below for updates, including press release from the Maryland State's Attorney's Office]

In a letter sent out today to parents, Yeshivat Rambam disclosed the circumstances behind the sudden and unexplained departure of R. Yaakov Wagner, who held the position of Assistant Elementary School Principal until the last two weeks of the 2008-09 school year.  The letter states that the school, in the course of a regular review of their finances, detected irregularities and identified missing funds. The school, with the help of their bank and the Maryland State’s Attorney’s office, was able to recover the misappropriated funds.  The letter states that “The investigative process, conducted by the State’s Attorney’s office, has led to the indictment of Rabbi Jay Wagner, a former Assistant Principal of our elementary school.”

At the end of the 2008-09 school year, with only two weeks left in school, R. Wagner took a sudden leave of absence.  Ten days later, the school and R. Wagner issued a joint letter stating that R. Wagner had elected to take personal leave, that his leave was not instigated by the school, that the school could not have anticipated this leave, and that the school remained receptive to the possibility of R. Wagner’s return.  It was also announced that Mrs. Anita Preis Rubin would be taking over R. Wagner’s duties.  The school, following advice from its legal counsel and out of respect for R. Wagner, remained silent as to the nature of the departure until the investigative process, culminating in today’s indictment, had concluded.

R. Wagner came to Yeshivat Rambam in 2005.  A bio archived on the Yeshivat Rambam site from 2005 reads: “Rabbi Wagner taught at MTA in Monsey and Manhattan Day School where he contributed to curriculum design and programming. He received a Bachelor’s degree, a Master’s in Jewish Education and Administration, and smicha from Yeshiva University.”  Another bio, no longer available, states “Jay Wagner:  B.S. from Sy Syms School of Business , New York , New York . M.S. from Azrieli Graduate School of Jewish Education and Administration, New York , New York . Rabbinic Ordination – Rabbi Isaac Elchanan Theological Seminary, New York , New York . Rabbi Wagner is from New York where he has been at Manhattan Day School and Yeshiva University H.S. for boys. He has over seven years of experience in Jewish education and administration. Rabbi Wagner is currently pursuing his Ph.D. in administration. This is his first year at Yeshivat Rambam.”

R. Wagner quickly established himself as a leader in the school, gaining favor with both students and parents with his affable nature and overt friendliness.  R. Wagner led the Parent/Child Saturday Night Learning Program, which under his guidance became an incredibly popular and successful program with the elementary school students.

Over the summer, Yeshivat Rambam hired R. Shmuel Feld to replace R. Wagner.

The school held a meeting with teachers to discuss the indictment, and to guide them in how to be sensitive to students reactions to the news.  Dr. Schwartz, Yeshivat Rambam’s Middle School and High School Principal, and Dr. Sharon Buck are available if students are distressed about the situation.

As far as the details of the indictment, we’re still gathering information.  We do know that Yeshivat Rambam is not involved in the indictment, it is between the State and R. Wagner, with the main aggrieved party being the school’s bank. Download a copy of the indictment here, which lists Yeshivat Rambam as the complainant.

UPDATE: the case has been posted to the Maryland Case Search website.  The indictment is for “Theft/Scheme: $500 plus,” which would make this a felony.  If convicted, R. Wagner could be facing 15 years incarceration and up to a $25,000 fine (Maryland Criminal Law, Section 7-104).

The full text of the letter issued by the school is below:

September 14, 2009
- Important Information Bulletin -

Dear Yeshivat Rambam Parents and Friends:

Several months ago, through our normal internal controls and procedures, it became clear that our school had experienced some financial irregularities and, in addition, that school funds were missing. Our bank and the State Attorney’s office thoroughly investigated the incident.  With the help of our financial institutions, we have every expectation that we will fully recover all misappropriated funds; the vast majority of missing funds have, in fact, already been recovered.

The investigative process, conducted by the State’s Attorney’s office, has led to the indictment of Rabbi Jay Wagner, a former Assistant Principal of our elementary school.

On the advice of counsel, and in the hope of a happier resolution, we remained silent during the investigative phase of this situation. While we are deeply saddened by this turn of events, we are confident that this matter will be resolved in a fair, impartial, and judicious manner.

In closing, Yeshivat Rambam remains a financially strong and vibrant institution, committed to providing the Baltimore Jewish community with excellence in education, both Judaic and secular.

UPDATE: the Office of the State’s Attorney for Baltimore City issued a press release today.  The full text is below:

OFFICE OF THE STATE’S ATTORNEY FOR

BALTIMORE CITY

208 THE CLARENCE M. MITCHELL, JR. COURTHOUSE

BALTIMORE, MARYLAND  21202

Patricia C. Jessamy

State’s Attorney

FOR IMMEDIATE RELEASE

For Information Contact:        Margaret T. Burns

Chief, Communications & Governmental Affairs

Office (443) 984-1121 or Cell Phone (443) 474-7479

Or

Joseph Sviatko, Deputy Division Chief

Office (443) 984-1122 or Cell (410) 790-3248

MEDIA ADVISORY

BALTIMORE CITY GRAND JURY INDICTS JAY KENNETH WAGNER

FOR CONTINUING THEFT

Baltimore, MD – September 15, 2009 – State’s Attorney Patricia C. Jessamy announced today that the Baltimore City Grand Jury indicted Jay Kenneth Wagner, 32, of the 3400 block of Labyrinth Road for continuing theft.  The indictment was filed September 10, 2009.

Court documents allege that between January 2007 and May 2009 Jay Kenneth Wagner stole over $13,000 from Yeshivat Rambam School.  Wagner worked as assistant principal at the school.  It is also alleged the theft was discovered by the school and involved a series of school checks taken by the defendant which were either cashed or deposited into the defendant’s account.

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceeding.

Wagner was released on his own recognizance.

An arraignment is scheduled for October 19, 2009 before Judge Charles G. Bernstein, 434 Mitchell Courthouse.

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