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.
 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
 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
 13-01-24 Complaint No 3 Against Bank HaPoalim, filed with Bank of Israel, alleging organized corporate crime
 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
 12-12-27 PRESS RELEASE – FATCA, Stanley Fischer, and "Chief Clerk" Sarah Lifschitz in the High Court of Justice of the State of Israel
EXCERPT FROM COMPLAINT NO 3
i. The undersigned,
Dr Joseph Zernik is a German and an Israeli citizen (no longer a US citizen).
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.
On January 23,
2013, receipt of the
undersigned notice was confirmed by the following Bank employees: , Drora
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
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.
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
i. Such conduct
has no basis in the law of the State of Israel.
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.
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]
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:
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.
causing the undersigned to incur interest charges on his checking account.
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,
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
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 §
or threat involving… extortion…"
" relating to extortionate credit transactions"
Acts " relating to tampering with a witness, victim, or an
" relating to retaliating against a witness,
victim, or an informant"
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.
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
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
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
 13-01-02 Letter to Bank HaPoalim,
BM, Chief Internal Auditor Jacob Orbach re: blocking of customer's accounts,
failure to produce bank documents
Letter to Bank HaPoalim Chief Internal Auditor Jacob Orbach Re: FATCA-related
extortionist conduct - request for the Bank's "new policy" s
 12-12-02 Reminder on FATCA-related request for Bank HaPoalim records
from Chief Internal Auditor Jacob Orbach
 12-12-25 Bank HaPoalim response re FACTA-related new policy, interest