13-01-03 PRESS RELEASE: FATCA, Stanley Fischer – complaint asks release of $250,000 seized of “US Person” by Israeli Bank HaPoalim
The complaint asks the release of $250,000, unlawfully seized from “US Person” by the Israeli Bank HaPoalim, BM. The conduct has no foundation in either the law of the State of Israel, or the law of the United States, but appears to have been induced by Bank of Israel’s Stanley Fischer unparalleled, unconditional submission to the United States FACTA. Petition, previously filed with the Israeli High Court of Justice claimed that Fischer exchanged his loyalty to the State of Israel and its law with loyalty to another nation and its law, and/or loyalty to financial institutions and their interests. The case captures the financial crisis in a nutshell – criminality by financial institution is patronized by national banking regulators and the national highest courts. In this case – under the guise of compliance with United States law by Israeli banks. Eventually, the territory of “FACTA-compliance” is likely to coincide with the territory of the financial crisis, through corruption of banking regulation of other nations, under United States coercion.
Stanley Fischer, Governor of the Bank of Israel – Israel’s Banking Regulator and Bilderberg Member, showing off his newly acquired Israeli ID in 2005; Supreme Court of the State of Israel, FATCA.
View as PDF:
View as blog post: http://inproperinla.blogspot.co.il/2013/01/13-01-03-press-release-fatca-stanley.html
Jerusalem, January 6 – complaint, filed with Bank of Israel-Banking regulation, documents the seizing on January 1, 2013, of some $250,000 of “US Person’s” funds, which were deposited with the Israeli Bank HaPoalim, BM. [1] The conduct of the Bank was purported by the Bank as part of its “New Policy” of compliance with the United States FACTA law in the State of Israel. Under such “New Policy” the Bank demanded that the customer, a US citizen living in Israel, sign “Waiver of Privacy” to the United States government of his financial transactions in an Israeli bank in Israel, which the customer refused to sign. In response, Bank HaPoalim now denies the customer’s access to the customer’s own deposit accounts, totaling some $250,000.
The complaint also documents that:
· Bank HaPoalim in fact had no “New Policy”. The Bank refused to provide a copy of the policy record and stated that none existed.
· Bank HaPoalim refused to comply with pertinent United States Internal Revenue Regulations – reporting to the account holder the total interest gained in his account on an annual basis (US IRS form 1099-Int) – conduct that is inconsistent with honest banking as well.
· Bank HaPoalim’s conduct in seizing deposit accounts had no basis even in the purported US FATCA – the act provides only for only withholding tax on income from US financial assets held at the Banks by non-compliant customers.
petition, previously filed with the Israeli Supreme Court, sought to compel Governor of the Bank of Israel Stanley Fischer to perform his duties as banking regulator. The Court was asked to order Stanley Fischer to duly register and review a complaint, relative to conduct of Bank HaPoalim, BM, and its purported enforcement the United States FATCA in the State of Israel. [1]
Today, staff of Bank of Israel confirmed receipt of the consumer’s complaint, filed by Joseph Zernik, PhD, of Human Rights Alert (NGO). Whether the complaint would ever be registered, be reviewed “according to legal standards”, and decision communicated to the complainant (as promised on the Bank of Israel web site for all complaints), remains to be seen.
In August 2012, a previous complaint against Bank HaPoalim was filed by Dr Zernik, which documented unlawful, extortionist demands and threats by Bank HaPoalim, BM, under the guise of FATCA compliance. [2] For months Bank of Israel refused to inform the complainant, whether the complaint was registered and reviewed. Most recently, from conversations with Bank HaPoalim, Dr Zernik discovered that the Bank had received a decision from Bank of Israel on Dr Zernik’s August 2012 complaint, which had been registered (No 82304-12), and that the Bank of Israel decision in part induced Bank HaPoalim’s most recent unlawful actions. Regardless, Bank of Israel continues in its refusal to disclose any details on the matter to the complainant. [3]
In October 2012, petition was also filed with the Israeli High Court of Justice to compel Mr Fischer to perform his duties by duly registering and reviewing the complaint against Bank HaPoalim. [4] The petition alleges that in permitting Israeli banks to act as they will under the pretense of enforcing the US FATCA, Stanley Fischer “undermines the rule of law” and “sovereignty of the State of Israel”, and “substitutes his loyalty to the State of Israel and its laws with loyalty to another nation and its law, and/or with loyalty to financial institutions and their interests.” [5]
The petition in the Supreme Court of Israel was subjected to a fate that was remarkably similar to the fate of the complaint against Bank HaPoalim, BM, at Bank of Israel-Banking Regulation: The office of the clerk of the Supreme Court refused to duly register the petition. [6]
The case of Bank HaPoalim is particularly striking, since in previous years Mr Fischer had removed some of the Bank’s senior officers and initiated criminal investigations against them. Now Mr Fischer is patronizing their criminality.
The case of Mr Fischer is also striking, since review of Israeli media reports indicates that under his tenure Bank of Israel was determined, even prior to the final enactment of FATCA, that the matter was “not under its purview”, and that Bank of Israel refused to issue Banking Regulations of the State of Israel in this matter, even after being pressed to do so by Israeli banks. [7]
Combined, conduct of Mr Fischer, Bank of Israel-Banking Regulation, and the Supreme Court of the State of Israel should raise concerns regarding integrity and stability of financial systems in the State of Israel.
Corruption of banking regulation in collusion with the US courts, under the color of law, has been increasingly recognized as central to the current socio-economic crisis in the United States. [8, and see quotes below]
The State of Israel has not yet seen financial institutions’ defaults of the size, seen in the US and Europe in recent years. However,the case captures a snapshot of emergence of the basic conditions for a financial crisis, in a nutshell: Criminality by financial institutions is patronized by national banking regulators and the national highest courts. In this case – under the guise of compliance with United States law by Israeli banks. Eventually, the territory of “FACTA-compliance” is likely to coincide with the territory of the financial crisis, through corruption of banking regulation of other nations, under United States coercion.
LINKS:
[1] 13-01-04 FATCA-related Consumer Complaint No 2 against Bank HaPoalim, BM, and its Chief Internal Auditor Jacob Orbach, filed with Bank of Israel-Banking Regulation
[2] 12-08-25 Dr Zernik’s complaint, filed with Israeli banking regulation against Bank HaPoalim – for attempting to extort compliance with US IRS regulations in Jerusalem
[3] 13-01-03 Letter to Stanley Fischer, Bank of Israel Governor RE- request for immediate production of records re FATCA-related complaint against Bank HaPoalim, BM
[4] 12-10-23 PRESS RELEASE – Petition alleges Bank of Israel Fischer patronizes criminality at Bank HaPoalim, BM
[5] 12-10-23 Joseph Zernik v Stanley Fischer (7650/12) Petition in the High Court of Justice of the State of Israel.
[6] 12-12-27 PRESS RELEASE – FATCA, Stanley Fischer, and “Chief Clerk” Sarah Lifschitz in the High Court of Justice of the State of Israel
[7] 13-01-06 FATCA – United States Foreign Account Tax Compliance Act (2011) – Israel and other nations’ responses – compilation of media reports
[8] Zernik, J, Large-scale fraud in US court records is linked to failing banking regulation _ OpEdNews
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Joseph Zernik, PhD
< josephzernik@humanrightsalertngo.org>
Sent from “1984”, Iceland-based Internet Service Provider
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Human Rights Alert (NGO)
* United States – the 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
* United States – the 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
* State of Israel – the 2012 submission of Human Rights Alert to the HRC, titled, “Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel’, is scheduled for review in January 2013.
[1] 12-06-04 Human Right Alert’s Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel
[2] 12-05-10 Appendix I to Human Right Alert’s Submission; 15th UPR – State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israe
[3] 12-07-18 Human Right Alert’s Appendix II to Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, in the electronic record systems in the courts of the State of Israel – Additional Responses by National Authorities/Experts, Re: ComSign, LTD – sole certifier and hacker of the digital signatures of the State of Israel
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Occupy!
11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!
http :// www.scribd.com/doc/75348301/
12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) – key element in the current financial crisis
http://www.scribd.com/doc/96504009/
Secede! The US in its current form is simply unmanageable…
12-01-01 Secession – A Smart Business Move!
http://www.scribd.com/doc/76877453/
Get Up, stand up, stand up for your rights!
_____________________________
Take away justice, then, and what are governments but great bandit bands?
Saint Augustine, Civitas Dei (City of God,4.4)
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WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* “I think it’s difficult to find a fraud of this size on the U.S. court system in U.S. history,” said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. “I can’t think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases.” Reuters (Jan 22, 2012)
http://www.scribd.com/doc/79572282/
* “Foreclosure fraud: The homeowner nightmares continue” CNN (April 7, 2011)
* “About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 million by 2013” Bloomberg (January 2011)
* “…a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences.” Prof Paul Krugman, MIT (2011)
http://www.scribd.com/doc/50753639/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* “…judges tried and sentenced a staggering number of people for crimes they did not commit.”
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
* “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.” Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/27433920/
* “Innocent people remain in prison”
* “…the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of…” LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306 /
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* “…corruption of the courts and the legal profession and discrimination by law enforcement in California.” United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/38566837/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* “On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations.” Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?
* “What goes on there is more like gulags of centuries ago.” ACLU
http://www.scribd.com/doc/72546279/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* “More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning “mandatory and enforceable” ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by “recent media reports,” the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others.” More than 100 law professors, as reported by the Blog of the Legal Times (February 2011)
http://www.scribd.com/doc/49586436/
_____________________________
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* “The American legal system has been corrupted almost beyond recognition…” Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/50137887/
_____________________________
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?
* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a “Truth and Reconciliation Commission” on the US Department of Justice. Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/38472251/
11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!
http :// www.scribd.com/doc/75348301/
12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) – key element in the current financial crisis
http://www.scribd.com/doc/96504009/
Secede! The US in its current form is simply unmanageable…
12-01-01 Secession – A Smart Business Move!
http://www.scribd.com/doc/76877453/
Get Up, stand up, stand up for your rights!
_____________________________
Take away justice, then, and what are governments but great bandit bands?
Saint Augustine, Civitas Dei (City of God,4.4)
_____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* “I think it’s difficult to find a fraud of this size on the U.S. court system in U.S. history,” said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. “I can’t think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases.” Reuters (Jan 22, 2012)
http://www.scribd.com/doc/79572282/
* “Foreclosure fraud: The homeowner nightmares continue” CNN (April 7, 2011)
* “About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 million by 2013” Bloomberg (January 2011)
* “…a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences.” Prof Paul Krugman, MIT (2011)
http://www.scribd.com/doc/50753639/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* “…judges tried and sentenced a staggering number of people for crimes they did not commit.”
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
* “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.” Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/27433920/
* “Innocent people remain in prison”
* “…the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of…” LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306 /
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* “…corruption of the courts and the legal profession and discrimination by law enforcement in California.” United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/38566837/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* “On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations.” Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?
* “What goes on there is more like gulags of centuries ago.” ACLU
http://www.scribd.com/doc/72546279/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* “More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning “mandatory and enforceable” ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by “recent media reports,” the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others.” More than 100 law professors, as reported by the Blog of the Legal Times (February 2011)
http://www.scribd.com/doc/49586436/
_____________________________
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* “The American legal system has been corrupted almost beyond recognition…” Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/50137887/
_____________________________
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?
* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a “Truth and Reconciliation Commission” on the US Department of Justice. Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/38472251/
In addition to these numbers you need to add the green carders and dual citizens living in the US, that have maintained banking relationships with their countries of origin. Again, Canada and Mexico probably come first. They might be more difficult to pinpoint by their banks in their home countries as having US indicia though, and I expect that many of those won’t be caught by FATCA. But the consequences for those who will will be more severe than non residents.
Shadow Raider pointed out from the latest US census data that there are approximately 800,000 canadians living in the US. I haven’t lookup Mexican nationals, but I think it might be higher.
As for the reason why Mexico has not been very vocal about it, it’s probably the country that has the most interest and the most to gain from a reciprocal agreement, with all the drug money laundered in the US by Mexican nationals.
@ BenPioni,
I echo Badger. I, too am glad to have your participation here. We’ve been hearing a fair bit about the situation of US persons in Israel through newspaper articles but it’s great to get insight directly. Thanks.
@BenPloni “people are asleep here insofar as I can tell vis-a-vis FBAR/FATCA…”
Same down here, but I have shaken a few awake just the past couple days. What they do with the information has yet to be told, but I do think there is similar sentiments like you express that the the IRS can go <bleep bleep>
We shall see what happens. I think we are witnessing something revolutionary in terms of global hegemony related to Tax Compliance. GATCA is coming, and escaping the BIG DATA world that technological advances allows, will be come more and more difficult in the future.
How the politics of this eventually shake out will be interesting to watch. I think, and you can correct me, but the back lash from Israel has the potential to be significant. I can understand passive acquiesce in the Pacific, but in Israel, will that be the case? Maybe. You tell me.
Things are not so great in the homeland either. The following video is quite chilling …
13-03-24 FATCA: Bank of Israel Stanley Fischer establishes fabricated US banking laws in Jerusalem
Bank of Israel – Israel’s banking regulator, Stanley Fischer showing off his newly acquired Israeli ID in 2005, and Bank HaPoalim, BM, logo.
Complaint #3, filed with Bank of Israel against Bank HaPoalim, BM, details the refusal of the Bank to permit cash withdrawal from customer’s own funds, with no foundation in any law.Bank of Israel has so far refused for over half a year to provide written confirmation of receipt of the complaints on FATCA-related matters, of responses by Bank HaPoalim, or of determinations on the complaints by Bank of Israel, if any. Likewise, Bank of Israel has so far refused to confirm receipt of a Freedom of Information request by the complainant, pertaining to Bank of Israel records of his own complaints.The Supreme Court of Israel refused to duly register petition to compel Stanley Fischer to perform his duties, pursuant to the law of the State of Israel. The petition alleges that Stanley Fischer “exchanged his loyalty to the State of Israel and its laws with loyalty to another nation and its laws, and/or loyalty to financial institutions and their interests.”A Washington, DC, attorney, who specializes in FATCA-related matters opined that conduct of Bank HaPoalim and the Israeli authorities in this matter has nothing to do with FATCA, and is likely to be retaliatory measures against a Human Rights activist.Conditions, documented in this case, show how Stanley Fischer, like his student Bernanke, placed banks as untouchables, above the law. Such conditions must raise concerns regarding integrity and stability of the Israeli financial system.
LINKS:[1] 12-08-25 Dr Zernik’s Complaint #1, filed with Israeli banking regulation against Bank HaPoalim – for attempting to extort compliance with US IRS regulations in Jerusalemhttp://es.scribd.com/doc/103922991/[2] 13-01-04 FATCA-related Consumer Complaint No 2 against Bank HaPoalim, BM, and its Chief Internal Auditor Jacob Orbach, filed with Bank of Israel-Banking Regulationhttp://www.scribd.com/doc/118926904/[3] 13-01-24 Complaint No 3 Against Bank HaPoalim, filed with Bank of Israel, alleging organized corporate crimehttp://www.scribd.com/doc/122010443/[4] 13-01-08 Freedom of Information on Bank of Israel, in re complaints filed with Bank of Israel by Dr Joseph Zernik against Bank HaPoalim, BMhttp://www.scribd.com/doc/119446776/[5] 12-12-27 PRESS RELEASE – FATCA, Stanley Fischer, and “Chief Clerk” Sarah Lifschitz in the High Court of Justice of the State of Israelhttp://www.scribd.com/doc/118152545/
EXCERPT FROM COMPLAINT NO 3Recent Chronology i. The undersigned, Dr Joseph Zernik is a German and an Israeli citizen (no longer a US citizen). ii. On January 23, 2013, the undersigned provided Bank HaPoalim, BM, notice of intent to withdraw on January 24, 2013, cash from his funds, held by Bank HaPoalim in deposit accounts (copy enclosed below). The notice also requested that the Bank inform the undersigned in advance in case he would not be permitted to withdraw his own money.iii. On January 23, 2013, receipt of the undersigned notice was confirmed by the following Bank employees: Efrat Dahan, Mordechai Assouline (Deputy Branch Manager),Drora Bregman, Maya Amzallag (Branch Manager), Maya Shulyatsky, Shalom Barashi. iv. On January 24, 2013, in the early evening, the undersigned appeared in the Beit HaKerem Branch and asked to withdraw NIS 20,000 from his deposit accounts. The undersigned was made to wait for a while, and eventually Deputy Branch Manager Mordechai Assouline informed him that the undersigned was not permitted to withdraw any of his own money, held by the Bank.
v. It should be noted that regardless of repeated requests, the Bank refuses to provide any written notice regarding the nature of its current conduct, its legal foundation (if any), and the status of the undersigned’s account.
AllegationsIt is by now evident that Bank HaPoalim’s conduct in this matter, as detailed in Complaint #1, filed with Bank of Israel on August 25, 2012, in Complaint #2, filed with Bank of Israel on January 4, 2013, and in instant Complaint, is unlawful: i. Such conduct has no basis in the law of the State of Israel.
ii. Such conduct has no basis in the law of the United States (as falsely claimed by the Bank) – opinion on this matter by a Washington, DC- based attorney, who specializes in FATCA-related matters, is available upon request.
iii. Correspondence with the Bank’s Chief Internal Auditor clarifies that the Bank’s FATCA-related “new policy” is a fabrication as well – no such record exists. [1-4]
Therefore, the undersigned alleges that Bank HaPoalim, BM, and its Chief Internal Auditor Jacob Orbach are engaged in various violations of the law of the State of Israel, including, but not limited to: i. Unlawful seizing of the undersigned’s funds in deposit accounts: Conduct of the Bank has no basis in the law of the State of Israel. Moreover, it has no basis in the law of the United States either. The law of the United States, which the Bank purports to enact and enforce in the State of Israel, does not permit a bank to seize a customer’s accounts. At most, the relevant United States law permits a bank to withhold 30% of interest gained on United States securities of the account holder. The undersigned holds no United States securities at all. ii. Unlawfully causing the undersigned to incur interest charges on his checking account.
iii. Large-scale banking fraud: The Bank falsely claims to have adopted a FATCA-related “New Policy”. The Bank’s own response indicates that no such lawfully adopted Bank policy exists. Under such false and deliberately misleading statements, regarding the Bank’s FACTA-related “New Policy”, the Bank engages in unlawful, harmful conduct.
iv. Entrapment: The Bank extorts filing of United States Internal Revenue (IRS) tax returns by the Bank’s “US Persons” customers in Israel, while refusing to provide the same customers the necessary documentation, pursuant to the same IRS Regulations. Conduct of the Bank is likely to trigger IRS audits of such individuals, who submit to the Bank’s extortion and cause them additional harm.
v. Refusal of the Bank to report to the customer the total interest gained in his account (no reporting at all was provided for foreign currency accounts, and regarding NIS deposits the Bank refuses to provide a single total sum of interest gained during the calendar year, as required by IRS regulations), stands contrary to any notion of honest banking in the State of Israel.
vi. Undermining the rule of law and publicity of the law in the State of Israel: The Bank falsely claims to have established a secret, unpublished “New Policy”. The Bank’s customers are left at the whim of the Bank’s unlawful conduct, which is arbitrary and capricious.
To the degree that Bank HaPoalim, BM, claims to establish and enforce the law of the United States in Jerusalem, the undersigned alleges that Bank HaPoalim, BM, and its Chief Internal Auditor Jacob Orbach are engaged in various violations of the law of the United States, including, but not limited to predicated acts, pursuant to RICO – Racketeer Influenced and Corrupt Organizations Act (18 USC § 1961–1968): i. Fraud
ii. Financial institution fraud
iii. Mail fraud
iv. Wire fraud
v. “…act or threat involving… extortion…”
vi. Acts ” relating to extortionate credit transactions”
vii. Acts ” relating to tampering with a witness, victim, or an informant”
viii. Acts ” relating to retaliating against a witness, victim, or an informant”Given the number of such predicated acts by Bank HaPoalim, BM, and the number of Bank’s personnel involved, their conduct should be deemed a pattern of racketeering activity, or organized corporate crime.
Any specific requests: i. The undersigned requests that the Banking Regulation Unit of Bank of Israel immediate take action to restore the undersigned’s access to his own deposit accounts, held by the Bank. ii. The undersigned requests that the Banking Regulation Unit of Bank of Israel initiate investigation of the conduct of Mr Jacob Orbach in this matter, relative to alleged violations of his lawful duties and obligations as the Bank’s Chief Internal Auditor. iii. The undersigned requests that the Banking Regulation Unit of Bank of Israel accord the undersigned due process through timely written notice to the registration of instant complainant, response by the Bank on the instant complaint, and determination by Bank of Israel on instant complaint.Jerusalem, January 24, 2013 Joseph Zernik, PhDדר’ יוסף צרניק
LINKED:[1] 13-01-02 Letter to Bank HaPoalim, BM, Chief Internal Auditor Jacob Orbach re: blocking of customer’s accounts, failure to produce bank documentshttp://www.scribd.com/doc/118782435/[2] 12-11-16 Letter to Bank HaPoalim Chief Internal Auditor Jacob Orbach Re: FATCA-related extortionist conduct – request for the Bank’s “new policy” shttp://www.scribd.com/doc/113472942/ [3] 12-12-02 Reminder on FATCA-related request for Bank HaPoalim records from Chief Internal Auditor Jacob Orbachhttp://www.scribd.com/doc/115295169/[4] 12-12-25 Bank HaPoalim response re FACTA-related new policy, interest gainedhttp://www.scribd.com/doc/118918634/
Stanley Fischer resigns as Bank of Israel head
13-01-31 Half a year of harassment by the US and Israeli governments in Corpus Separatum Jerusalem is over!
Stanley Fischer – a PR genius, subject of ongoing Israeli media festival… Petition in the Israeli High Court of Justice alleged that Stanley Fischer exchanged his loyalty to the State of Isael and its law with loyalty to another nation and its laws and/or with loyalty to financial institutions and their interests.
Jerusalem, January 31 – today, I was informed by phone (they have done nothing in writing all of this time, for obvious reasons) by the Israeli Bank HaPoalim that the half year of harassment, which escalated to blocking my bank accounts on January 1, 2013, purportedly on behalf of the US government, is over! My bank accounts are unfrozen!
As has been the case for years now, I will never know what happened in the background and what did the trick – the multiple complaints to Bank of Israel-Banking Regulation, the petition to the Israeli High Court of Justice against Governor of Bank of Israel Stanley Fischer, renouncing my US citizenship (or at least attempting to do so), a meeting with the German Consul to Israel last week to file complaint with the German Minister of Foreign Affairs regarding the conduct of the governments of Israel and US in Jerusalem, in collusion with Israeli Bank HaPoalim…
The case as a whole presents the State of Israel as a US corporate province, and Stanley Fischer as the lackey.
LINKS:[1] 13-01-03 PRESS RELEASE Stanley Fischer and FATCA – secret consumer complaint process in Israeli banking regulation
http://www.scribd.com/doc/118800215/
[2] 12-10-23 Joseph Zernik v Stanley Fischer (7650/12) Petition in the High Court of Justice of the State of Israel.
http://www.scribd.com/doc/112418672/
[3] 12-12-27 PRESS RELEASE FATCA, Stanley Fischer, and “Chief Clerk” Sarah Lifschitz in the High Court of Justice of the State of Israel
http://www.scribd.com/doc/118152545/
[4] 13-01-17 PRESS RELEASE: Fraud in the US Consulate, Jerusalem, denying the right to renounce US citizenship
http://www.scribd.com/doc/120780332/
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Joseph Zernik, PhD
Human Rights Alert (NGO)
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< josephzernik@humanrightsalertngo.org>
Sent from “1984” – Iceland-based internet service provider
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Human Rights Alert (NGO)
* United States – the 2010 submission of Human Rights Alert (NGO) to the Human Rights Council (HRC) of the United Nations was reviewed and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
http://www.scribd.com/doc/38566837/
* State of Israel – the 2013 submission of Human Rights Alert (NGO) to the HRC, was incorporated into the HRC Staff Report with a note, referring to “the lack of integrity of the electronic record systems of the Supreme Court, District Court and Detainees’ Courts in Israel.”
[1] 12-05-10 Appendix I to Human Right Alert’s Submission; 15th UPR – State of Israel: “Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel”
http://www.scribd.com/doc/108663259/
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Occupy!
11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!
http :// http://www.scribd.com/doc/75348301/
12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) – key element in the current financial crisis
http://www.scribd.com/doc/96504009/
Secede! The US in its current form is simply unmanageable…
12-01-01 Secession – a Smart Business Move!
http://www.scribd.com/doc/76877453/
Get Up, stand up, stand up for your rights!
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Take away justice, then, and what are governments but great bandit bands?
Saint Augustine, Civitas Dei (City of God,4.4)
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@Joseph Zernik,
Re:
Thanks for letting us know that your Israeli Bank HaPoalim bank accounts are again accessible to you.
Perhaps the next good news that you get is that will have actually completed a successful renunciation. I hope so.
@ Joseph,
Glad to hear of your success with the bank! Hope your CLN will be arriving soon too!
Getting protected against broad daylight robbery by US and Israeli government and the bank is surely good news. The sad news is that most likely it was resolved only because of the German government intervention in my case.
Forget about the rule of law in either the US or Israel, when it comes to either FATCA or the banks.
There is no chance in a lifetime that I will ever get a CLN, since the Oath of Renunciation papers were deliberately made invalid – executed with no witnesses, off the consulate calendar. If I ever get the CLN, I will surely let you know. I doubt that I will get any response at all, since the State Department would surely not wish to inform me that the renunciation papers are invalid, which would be the final evidence that the Consul in Jerusalem engaged in fraud. So what could they tell me as a reason why there is no CLN???
By now, it looks like I was singled out twice for special treatment in Israel:
The more interesting question for me is, why did the US Consulate engage in such conduct. The only reasonable answer I can reach is that through such conduct the US gov likes to believe that they maintain some jurisdiction over me, no matter where I am.
For that purpose, I also filed a request for protection with the German government, particularly, during international travel.
The entire episode shows that the US government consider citizenship as some kind of relationship, similar to the feudal system of the middle ages.
In my request for protection by the US government I explicitly listed the treatment by the US Jerusalem Consulate, as one of the violations, involved in this case, of the Universal Declaration of Human Rights, Article 15, which says:
Article 15.
Needless to say, it is a sad sign of the time, when a former US citizen has to request protection by the German government of his Human Rights, against abuse by the US government… The Universal Declaration was created under the urging of the US gov, in response to German conduct in WWII…
jz
*Congratulations on sorting out the bank problem. With any luck the CLN will solve the nationality one soon for you too.
@Joseph Zernik,
I’ll continue to think positively that you will eventually receive your CLN. Forgive me — I may not “get it” regarding your experience and “the execution by witnesses” but I don’t see that your renunciation experience differs from others here who are successfully receiving their CLN’s — including mine, which came two days ago.
@ Joseph,
The consulate acted completely properly with your CLN application, in accordance with Department of State procedure regarding witnesses, which are only used for renunciants who do not understand English. This is a standard rule, which is the case at all consulates.
The use of witnesses is in DOS Manual. 7 FAM 1260 at point 1264.4(e)
“In cases where the renunciant does not understand English and witnesses
are required, the witnesses should sign Form DS-4082.”
There’s also a few other references to these witnesses in the 7 FAM 1260, which will come up if you do a search for the word “witness.”
You should expect to get your CLN soon.
pacifica777, calgary411, and all others:
It appears that my position is still not clear:
I don’t care if I get, or don’t get the CLN.
I performed my duties, pursuant to the US law to renounce my US citizenship:
The US government achnowledged the fact that I performed my duties, through:
Whether or not the US choses to provide the CLN, is the business of the US alone.
Any competent court of any other nation, which recognizes the Universal Declaration of Human Rights, should recognize that conduct of the US government in this matter is serious violation of Article 15 of the Declaration, which says:
Universal Declaration of Human Rights, Article 15.
The only reason, why one may want to get a CLN, is if one wants to go back to the US, which obviously does not accord its citizens the fundamental Human Rights, pursuan to the declaration, including, but not limited to Article 15.
Since I have no intention of entering the US again, while it is under a government, which abuses the Human Rights of its own citizens, it does not make any difference for me whatsoever, whether or not I get the CLN.
Joseph Zernik, PhD
Human Rights Alert (NGO)
And the fact that the Israeli bank and Israeli authorities exempted me from FATCA (probably following intervention by the German authorities), shows that my position, detailed above, is valid.
@Joseph Hear hear! You are right. It is good someone uses the UDHR arguement that we have made here for months.
Medea Fleecestealer
“With any luck the CLN will solve the nationality one soon for you too.”
This is a matter of law, not a matter of luck. The attitude in this comment reflects the attitude of a slave, not a person, who holds to Human Rights in International Law.
jz
*If you don’t want a CLN why bother with the whole renunciation thing? Frankly I think the US will be very glad to be rid of you – just so long as you’ve paid your due tax requirements of course.