Tuesday, February 12, 2013

13-02-12 FATCA, Stanley Fischer: Request for clarifications by Bank HaPoalim regarding its lawless conduct

Stanley Fischer, Governor of the Bank of Israel, permits Israeli banks to enact, adjudicate, and enforce the law under the color of FATCA (Foreign Account Tax Compliance Act).  Effectively, Fischer established Israel as a lawless US corporate province.
   [pics]
Bank HaPoalim's Chief Internal Auditor Jacob Orbach;Stanley Fischer, Governor of Bank of Israel, showing off his newly acquired Israeli ID in 2005. Petition in the Israeli High Court of Justice alleged 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. FATCA (Foreign Account Tax Compliance Act) is a US law, which fancies to subject any bank, worldwide, to the US government, force banks the to report any financial transactions by any "US Person", and serve as the US government's tax collector under threat of serious sanctions.

Jerusalem, February 12 - in a letter to Bank HaPoalim's Chief Internal Auditor Jacob Orbach, Joseph Zernik, PhD, a Human Rights activist/computer science writer, asks Mr Orbach to provide clarifications regarding the status of Dr Zernik's bank accounts today.

On or about January 1, 2012, Dr Zernik's bank accounts with Bank HaPoalim, BM, were frozen.  On or about January 31, 2013, his banks accounts were unfrozen, after a meeting with the German Consul in Israel to request protection against abuse of the Human Rights of a Human Rights activist/computer science writer in Jerusalem.
A recent letter from Bank of Israel-Banking Regulation, on behalf of Governor Stanley Fischer, makes it clear: first - that conduct of Bank HaPoalim, BM, in Dr Zernik's case had no basis in the law of the State of Israel, and second - that Bank of Israel-Banking Regulation had no intention of according Dr Zernik equal protection under the law of the State of Israel. [[1]]
A recent opinion letter by Attorney James Jatras, of the Washington, DC, law firm Squire Sanders, LLP, makes it clear that conduct of Bank HaPoalim, BM, in Dr Zernik's case had no basis in the law of the United States, either. [[2]]
Correspondence with Mr Orbach's office makes it clear that the FATCA-related "New Policy" of Bank HaPoalim, which was purported as the basis for the Bank's conduct, is a non-existing document.  Moreover, to this date, Bank HaPoalim refuses to issue any written record, documenting the freezing, or unfreezing of Dr Zernik's accounts. [[3,4]]
Therefore, given the arbitrary and capricious nature of the Bank's conduct, Dr Zernik wrote to request further explanation by Mr Orbach, regarding the status of Dr Zernik's accounts with Bank HaPoalim, BM, today.  
The questions raised by Dr Zernik were:
1)   Was the restoration of access to his own funds in Bank HaPoalim's accounts temporary or permanent?  If temporary, under what circumstances would the Bank decide to freeze his accounts again?
2)   Dr Zernik permitted, like other citizens and residents of the State of Israel to buy and sell securities, or is he barred by Bank HaPoalim from executing such transactions in his accounts, as he had been previously advised by the Private Banking clerk?
3)   On January 14, 2013, Dr Zernik completed his duties, pursuant to the law of the United States, to renounce my US citizenship. On the same date, he provided the relevant documents to Bank HaPoalim's Branch, Kikar Zion, Jerusalem, and asked to open a non-"US Person" account, alternatively, to remove the "US Person" designation from his existing accounts. Bank HaPoalim refused to do either.  Based on what standards would the Bank remove the "US Person" designation from Dr Zernik's accounts? Or is the "US Person" designation permanent and non-removable, according to Bank HaPoalim?
The letter notes that the questions pertain to Dr Zernik's fundamental Human Rights for possession and for protection against taking of his possessions with no due process of law.  Likewise, these questions directly pertain to integrity, or lack thereof, in Bank HaPoalim's operations.
Copies of the letter were forwarded to Bank of Israel's Stanley Fischer and to the German Federal Republic's Consul in Israel.
LINKS:


[1]
[a] 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
[b] 12-09-05 Addendum to Complaint, filed with Bank of Israel against Bank HaPoalim, and a Demand, filed with Bank HaPoalim, for a Written Statement of Interest Gained in Client's Accounts in 2011
[c] 12-09-12 Dr Zernik's Notice and Demand for the issuance of valid banking/legal communication by BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates of their demands and threats against Dr Joseph Zernik, and for response within 10 days, with fax transmission report
[d] 12-09-13 More Evidence of Fraud and Extortion by BANK HAPOALIM, BM, Israel, Subsidiaries and or Affiliates
[e] 12-09-14 Demand for Action by Bank HaPoalim, BM, Chief Internal Auditor Jacob Orbach, re: FATCA related extortionist conduct by the Bank
[f] 12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats with Appendices A. Demand and threat letter, B. customer agreement
[2] 13-01-27 Stanley Fischer, Bank of Israel Response re: FATCA, Bank HaPoalim, BM
[3] 13-02-06 Attorney James Jatras opinion in re: Bank of Israel's Stanley Fischer's January 27, 2013 FATCA Response Letter
[4] 13-01-28 FATCA, Stanley Fischer: Letter to Chief Internal Auditor Jacob Orbach, re: Phone calls by Bank HaPoalim
http://www.scribd.com/doc/122570341/

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