Legal Encounters of Lenny Burtman & Associates

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The Legal Encounters of Lenny Burtman & Associates

Lenny Burtman`s business enterprises came within the jurisdictions of all relevant Law Enforcement Agencies, due to the range of distribution systems they used.

Lenny Burtman, his business partners, Ben Himmel & Seymour Grasberg were cited both individually & together as defendants in legal cases from 1958 to 1970.

"Between 1958 & 1964, Lenny Burtman & Associates were involved in 5 separate, but related, cases. All 5 cases were eventually dismissed or had convictions reversed at appellate level." (Bienvenu 1998 p. 195) ( they were also involved in several other minor cases. The cases mentioned here were the major cases in which they were involved).

In 1969, Burtman & Himmel were indicted, and convicted in 1970. This indictment & conviction concerned an attempt to import pornographic magazines from Denmark in boxes marked "cups & saucers". This case did not involve obscenity, but "Conspiracy to defraud the United States by bribing a Customs Official". Appeals failed, & on April 12, 1970, both started serving several months of a one-year sentence in the Federal Penitentiary.

Burmel Publishing`s problems with Law Enfocement Agencies started in 1958, when the FBI, Postal Inspection Service & New York Authorities started actions harassing Burtman,Himmel & their employees. Burtman & Himmel`s offices were raided, employees tailed, vehicles searched that were carrying copies of Exotique Magazines. Burmel`s Warehouse was raided & Burtman`s home was searched.

The cases came to trial in 1959 - "New York v Benedict Himmel & Leonard Burtman". (Prosecution for 12 novelettes, considered to be obscene, 3 of which were verbatim copies of "pulp" magazine fiction articles originally published in the 1930`s - "Come on Girl" - originally published as " Murder Dice" in "Spicy Detective Stories" magazine, "Wheel of Violence", - originally published as "Hair of Samson" from "Spicy Adventure Stories magazine - the 3rd title was called "Virgin Come High" - these were repackaged , including new illustrations & photos of a mildly fetishistic flavour.)

As a result of the initial conviction, Burtman & Himmel were forced to sell Burmel Co. to Seymour Grasberg Of the Keysey Sales Co.

This was immediately followed by 3 overlapping actions, 2 Federal investigations started by the Postal Inspection Service & a second New York State prosecution.

On the same day that Burtman & Himmel were tried in New York v Benedict Himmel & Leonard Burtman, a Postal Inspection Service investigation moved into the prosecution stage, this investigation had started in 1958 against Pigalle Imports, (a Burtman/Himmel Corporation that distributed Burmel Co. products) The Post Office accused Pigalle of distributing Burmel products violating U.S.C. Title 18, Section 1461 , in the form of nude photos & "a number of books, photos & drawings appearing to deal with a variety of obscene, sex deviationist practices".

"Based on an affidavit filed by the investigating Postal Inspector on April 6, 1959, a Grand Jury delivered a 39 count indictment against Benedict Himmel & Piga1le Imports. A search warrant and warrant for Himmel`s arrest were issued the following day" (Bienvenu 1998, p 197).

U.S. Marshalls & Postal Inspectors raided Burtman`s offices, arrested Himmel & confiscated virtually everything. No trial ensued & much material was held by Federal Authorities until September 1968.

In addition, in June 1959, the Post Office initiated a Mail Block against Pigalle Imports. At this point Burmel & Pigalle were out of business.

After these events, Seymour Grasberg ( an employee of Burtman & Himmel ) became president of Kaysey Sales Co. ( a new company which replaced Burmel Co.) Kaysey sales was operating by September 1959. Although Lenny Burtman said that he had no connection to Kaysey Sales Co., its foundation was clearly a ploy to avoid further trouble and prosecution.

Kaysey was subject to simultaneous investigations by the Postal Inspection Service & New York State Authorities. On November 24th. 1959, Seymour Grasberg was arrested & the offices of Kaysey Sales Co. were searched, much material was siezed. The search & seizure was conducted without a warrant and was later considered illegal.

The relationship between Law Enforcement Agencies is illustrated in this case by the fact that, as the search progressed, the NYPD contacted the local Postal Inspection Service office, wherupon a Postal Inspector arrived whilst the search was still going on. The Postal Inspector immediately initiated a search warrant to safeguard evidence for the pending Postal Investigation Service case.

On November 25th. 1959, Kaysey Sales were raided again, this time on a larger scale, by Federal Officers (Federal Mashalls & Postal Inspectors). Approximately 5 tons of material was confiscated.

The case which ensued was "People of New York v Seymour Grasberg". Grasberg was convicted on 4 counts, the case was appealed & charges dropped, concerning admissibility of evidence gathered on the 24th. November 1959, during the search & seizure, & on technicalities concerning the search & seizure on the 25th. November 1959. Everything that was seized was ordered to be returned.

The Federal case, "United States v. A Loft on the 6th Floor of the Building at 40 E 12th. St. New York" was dismissed on the grounds of illegal search & seizure, in the wake of the Grasberg appeal. The final important case occurred in 1964, as a result of Operation Yorkville . This campaign not only affected not only Burtman & Himmel, but many other producers of erotica in the N.Y.C. area.

On January 28th 1964, a 66 count indictment was filed against Burtman, Himmel & Grasberg, & corporate titles used by them ( United States v. Leonard Burtman aka Leonard Burton, Benedict Himmel aka Ben Himmel, Seymour Grasberg, Pigalle Imports Inc., Ben-Lee Enterprises Inc., Kaysey Sales Co. Inc. & Selbee Associates Inc., - U.S.D.C. Southern District of New York. 64 Cr 108).

The alleged violations were of U.S. Title 18, Section 1461 & 1462, many of the specific counts were identical to the 1959 U.S. v. Himmel & Pigalle Imports case.

This case was finally dropped on February 26th. 1968. By this time, after the Supreme Court`s "Fanny Hill" ruling, legal prohibitions against publishing fetishistic materials had been virtually removed.

After the smuggling case in 1970, & the ensuing prison sentences, Burtman & Himmel`s partnership broke up, with both permanently moving from New York.

(Page Paraphrases Bienvenu 1998 pp.194-206)

From Richard Perez
See also [ Permanent Obscurity ]

The U.S. government finally had the last laugh in 1970 when they managed to convict Burtman ... though not of obscenity ... but bribery. The official charge was "conspiracy to defraud the United States and the Bureau of Customs" (for importing erotic magazines in crates invoiced as "earthenware cups and saucers") and for this Burtman was sent to federal prison in 1971. (Dian Hanson, editor of LEG SHOW, has also suggested that Burtman may have been obliged to take the rap for the mob [thus, making it a "loyalty bid"].)

Out of prison, a wearied but undefeated Lenny Burtman resurfaced in California with his then wife, Jennifer Jordan (aka former "Miss Free Hungary," Jutka Goz), where under various guises (including "Jennifer Jordan Publications" [listed with Jordan as "editor-in-chief']), he continued publishing magazines, often re-vamping old titles, like EXOTIQUE and HIGH HEELS and LEG SHOW. Each generation would lend these magazines their own unique flavor. But from this point on, Lenny Burtman kept a deliberately low profile -- no doubt fearing any publicity that might result in renewed legal harassment.

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