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 Jerusalem

http://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 Regulation

http://www.scribd.com/doc/118926904/

[3] 13-01-24 Complaint No 3 Against Bank HaPoalim, filed with Bank of Israel, alleging organized corporate crime

http://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, BM

http://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 Israel

http://www.scribd.com/doc/118152545/

EXCERPT FROM COMPLAINT NO 3

Recent 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.

Allegations

It 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, PhD

דר' 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 documents

http://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" s

http://www.scribd.com/doc/113472942/ 

[3] 12-12-02 Reminder on FATCA-related request for Bank HaPoalim records from Chief Internal Auditor Jacob Orbach

http://www.scribd.com/doc/115295169/

[4] 12-12-25 Bank HaPoalim response re FACTA-related new policy, interest gained

http://www.scribd.com/doc/118918634/