Beruflich Dokumente
Kultur Dokumente
"
91313 3144 "
Record
Page #
LINKS:
[1] 12-10-15 Human Right Alert, Appendix V to Submission; 2013 UPR of the State of Israel "Integrity, or lack thereof, in the electronic records of the Bank of Israel-Banking Regulation
Consumer Complaint procedures"
https://docs.google.com/file/d/0B8Aa2xQGbmk5b2FqQ2k3MVRwUWs/edit
1/1
4.
III.
A. The Petitioner's Complaint, pertaining to demands and threats against the Petitioner
and others by Bank HaPoalim, BM, and others under the color of simulated legality, was
filed and received by Bank of Israel-Banking Regulation, first on August 25, 2012, and
again on August 26, 2012.
5. On August 25, 2012, the Petitioner filed with Bank of Israel-Banking Regulation a complaint
against Bank HaPoalim, BM ["The Complaint"]
B. Demands and threats by Bank HaPoalim, BM, under the color of simulated legality,
continue to this date.
IV.
Legal Pleading
The Petitioner alleges, that the matter at the foundation of instant Petition
is blatantly unlawful conduct of executives at Bank HaPoalim, BM, and/or
affiliates against the Petitioner and other "United States Persons" in the
State of Israel. Such conduct by Bank HaPoalim, BM, and/or affiliates
shows the characteristics of organized white-collar crime. Such conduct
commenced prior to the filing of the Petitioner's Complaint, and continues
to this date with full knowledge and patronizing by Bank of Israel-Banking
Regulation. The ongoing refusal by the Respondent and Bank of IsraelBanking Regulation to register the Petitioner's Complaint against Bank
HaPoalim, BM, is integral to this state of affairs.
24. The Petitioner alleges that conduct of Bank HaPoalim, BM, which is the subject of
the August 25, 2012 Complaint, is blatantly unlawful, and shows the characteristics of
organized white-collar crime among the top management of Bank HaPoalim, BM.
Moreover, the Petitioner alleges that Bank of Israel-Banking Regulation was fully aware
of the unlawful nature of the conduct of the management of Bank HaPoalim, BM, in this
matter, even before the Petitioner filed his August 25, 2012 Complaint Through his
continuing refusal to register and review the Petitioner's Complaint, Respondent Stanley
Fischer and Bank of Israel-Banking Regulation continue to patronize simulated
lawfulness, to aid and abet the conduct of Bank HaPoalim.
25. The Petitioner alleges Conduct of the Respondent should be deemed Fraud,
Deceit, or large-scale public deception.
26. The Petitioner alleges that the state of affairs
a. Undermines the sovereignty of the State of Israel. conduct of the Respondent
should be deemed replacement of his loyalty to the State of Israel and its laws to the
laws of another nation and/or the interests of a financial corporation.
b. Undermines the rule of law in the State of Israel. conduct of the Respondent should
be deemed misprision of felonies, and abuse of his office.
27. The Petitioner alleges that conduct of Respondent abused, abuses, and is likely to
abuse again the fundamental rights of many residents of the State of Israel, who are
"United States Persons".
28. The Petitioner alleges that conduct of the Respondent and Bank HaPoalim, BM,
presents basic failure of banking regulation in the State of Israel, at the time that some
other nations suffer under socio-economic crises that originated in similar conduct by
banks and banking regulation of such nations. Therefore, conduct of the Respondent
places the stability of the economy of the State of Israel and the welfare of its people at
risk
V.
The appropriate remedy in the case at hand is immediate response by the
Respondent.
29. Therefore, Petitioner claims that the appropriate remedy in the case at hand is
immediate response by the Respondent: Why the Petitioner shall not instruct
Bank of Israel-Banking Regulation to immediately register and duly review
Summary
30. The Petitioner claims that conduct of the Respondent, described above, abuses the
fundamental rights of the Petitioner and numerous other residents of the State of Israel,
undermines the foundation of sovereignty of the State of Israel and the rule of law in it.
The remedy asked by the Petitioner is only a preliminary step, and following response by
the Respondent, the Court should make the Conditional Order absolute.
VII.
List of Appendices
31. Following is the list of Appendices that were filed as integral to instant Petition:
a. October 21, 2012 Screen print of the opening page of Bank of Israel-Banking
Regulation, Public Communications Unit, online site.
b. August 25, 2012 Dr Joseph Zernik's Complaint, filed with Bank of Israel-Banking
Regulation; August 25, 2012 automatic confirmation of fax transmission; August 26,
2012 Ms Miriam Segal, Public Communications Unit, Bank of Israel-Banking
Regulation manual confirmation of receipt of email.
c. September 5, 2012 Dr Joseph Zernik's Appendix to Complaint, filed with Bank of
Israel-Banking Regulation, pertaining to Bank HaPoalim's ongoing refusal to issue
statement of interest gained on an annual basis.
d. September 5, 2012 Bank HaPoalim, BM, letter of demands and threats sent to Dr
Joseph Zernik by electronic mail.
e. September 12, 2012 Dr Joseph Zernik's letter to Bank of Israel Governor Stanley
Fischer and to the Public Communications Unit, Bank of Israel-Banking Regulation,
pertaining to Bank HaPoalim's ongoing refusal to provide its demands and threats as
valid legal records.
f. October 2, 2012 Joseph Zernik's letter to Bank of Israel Governor Stanley Fischer
and to the Public Communications Unit, Bank of Israel-Banking Regulation,
pertaining to Bank of Israel's refusal to issue a Complaint Number.
g. October 14, 2012 Joseph Zernik's letter to Bank of Israel Governor Stanley Fischer
and to the Public Communications Unit, Bank of Israel-Banking Regulation,
pertaining to Bank of Israel's refusal to issue a Complaint Number.
Declaration
I, the undersigned, Dr Joseph Zernik, herein declare under penalties prescribed by law:
1. I am the Petitioner..,
2. To the best of my knowledge, all facts outlined in the Evidentiary Pleading are
true and correct, and the content of the rest of the Petition is true to the best of
my knowledge and understanding.
3. Appendices a-g are true and correct original records in my possession.
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026669077-1.pdf
25K
From: <miriam.segal@boi.org.il>
Date: Sun, Aug 26, 2012 at 8:41 AM
Subject: Read: Complaint against Bank HaPoalim for attempting to extort compliance
with IRS regulations in Jerusalem
To: 123456xyz@gmail.com
Your message
To:
Subject: Complaint against Bank HaPoalim for attempting to extort compliance with
IRS regulations in Jerusalem
Sent: Sunday, August 26, 2012 9:27:40 AM (UTC+02:00) Jerusalem
was read on Sunday, August 26, 2012 9:41:12 AM (UTC+02:00) Jerusalem.
***********************************************************************************
? -
please consider the environment - do you really need to print this email ?!
***********************************************************************************
COMPLAINT FORM
Public Communications Unit, Bank of Israel, Banking Regulation
Tel: 1212-200680
Fax: 02-6669077
Signing,
Certification - no
changes allowed;
Digitally signed by
Joseph Zernik, PhD
Location:
Jerusalem
Date: 2012.08.25
05:22:31 +0300
Customer Name:
Contact Information:
Email:
Financial Institution, subject of the Complaint:
Bank Code:
Branch Number:
Dr Joseph Zernik
PO Box 31440, Jerusalem 91313
123456xyz@gmail.com
Bank Hapoalim, LTD
12
694
Page 2/2
CC:
Subject:
----------------------->From: <maya.shulyatsky@mailpoalim.co.il
Date: 2012/9/5
To: 123456XYZ@gmail.com
Cc: david.luzon@mailpoalim.co.il, drora.bregman@mailpoalim.co.il,
maya.amzallag@mailpoalim.co.il, mordechai.assouline@mailpoalim.co.il,
efrat.dahan@mailpoalim.co.il
"
02-6465216
----- BNHP/IL/694/957/12/5/ ----- 13:09 05/09/2012
:
:
BNHP/IL/694/957/12/5/
XYZ@GMAIL.COM123456
,BNHP/IL@BNHP/901/90/001/ ,BNHP/IL@BNHP/957/12/5/
:
,BNHP@BNHP/IL/694/957/12/5/ ,BNHP@BNHP/IL/694/957/12/5/ BNHP/IL@BNHP/694/957/12/5/
:
18:16 27/08/2012
"
" FATCA-
FORM W9 )(IRS .
", FORM W-9
" ."U.S.PERSON
.
,
.
.
02-6465216
************************************************************************************
This message and its attachments are designated solely for the addressee.
They contain information that may be privileged and protected by law.
Duplication or distribution of this information in any manner is prohibited by
law.
If you receive this document or information and it is not addressed to you, it
must be
deleted from your system forthwith.
In such case, kindly inform us of this event as soon as practicable..
************************************************************************************
From: JZ <123456xyz@gmail.com>
Date: Wed, Sep 12, 2012 at 3:55 PM
Subject: 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.
To: Mr Shalom Barashi <shalom.barashi@mailpoalim.co.il>, Ms Maya Shulyatsky
<maya.shulyatsky@mailpoalim.co.il>, david.luzon@mailpoalim.co.il,
drora.bregman@mailpoalim.co.il, maya.amzallag@mailpoalim.co.il,
mordechai.assouline@mailpoalim.co.il, efrat.dahan@mailpoalim.co.il
Cc: miriam.segal@boi.org.il
TO THE RECIPIENTS, NAMED BELOW, please take notice of the attached record:
Undersigned, Dr Joseph Zerniks 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.
___________________________
TO: Ms Shari Arison, Owner
ARISON HOLDINGS, BM, Israel
VIA: The recipients named below, and by fax: 03-607-3101;
TO: Mr Tzion Kenan, CEO; Mr Yair Seroussi, Chairman of the Board
BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates
VIA:
Mr Shalom Barashi <shalom.barashi@mailpoalim.co.il>, Ms Maya
Shulyatsky <maya.shulyatsky@mailpoalim.co.il>,
/BNHP/IL@BNHP, 957/12/5/ /BNHP/IL@BNHP, 901/90/001/
/BNHP/IL@BNHP, 694/957/12/5/ /BNHP/IL@BNHP, 694/957/12/5/
/BNHP/IL@BNHP, and by fax: 03-567-3500694/957/12/5/
CC: Mr Stanley Fisher, Governor
BANK OF ISRAEL
VIA:
Ms Miriam Segal, Bank of Israel-Banking Regulation:
<miriam.segal@boi.org.il>, and by fax: 02-666-9077
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.
TO:
a.
A series of demands and threats against the Undersigned were issued by BANK
HAPOALIM, BM, Israel, its subsidiaries and/or affiliates through vague and
ambiguous corporate entities and through invalid banking/legal records.
Demands and threat have been repeatedly issued by BANK HAPOALIM, BM, Israel, its
subsidiaries and/or affiliates against the Undersigned, which are summarized as follows:
Threats - if the Undersigned does not comply with demands, listed above, than the
Undersigneds accounts, held in custody of as BANK HAPOALIM, BM, Israel:
Version 1) Will be seized on September 1, 2012, or
Version 2) Will be blocked from any further transactions by the Undersigned on
September 1, 2012, but the Undersigned will be permitted to withdraw
his funds.
The demands and threats, outlined above, were repeatedly communicated by staff/officers
of BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates:
Verbally in two branches - one in Jerusalem and the other in Tel Aviv;
By hand, in writing - while pressing for the Undersigneds signature (which he
refused);
By mail through Israel Post, and
By electronic mail
b.
The manner, in which the demands and threats were communicated, raises
concern that BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates are
engaged in extortion through the issuance of fraudulent, simulated banking/legal
records.
The August 25, 2012 Consumer Complaint (No - to be designated) against BANK
HAPOALIM, BM, Israel, filed by the Undersigned with BANK OF ISRAEL noted that
such demands and threats had no legal foundation in the law of the State of Israel and
alleges that such conduct amounts to extortion a serious crime.
The August 25, 2012 Consumer Complaint also noted that the demands and threats had
been issued in written communications, which failed to name the issuer(s) and their
authority, or be signed by any named individual.
Later, on September 5, 2012, an electronic mail was received by the Undersigned, where
the issuer is identified by name, Maya Shulyatsky, and by purported authority,
Investment Consultant. The September 5, 2012 Email communication is also notable for
the list of individuals, affiliated with BNHP, who are copied on it.
However, on its face the September 5, 2012 Email communication is an invalid
banking/legal record as well, since:
i. It fails to be signed in any recognizable legal valid manner, pursuant to the law of
the State of Israel.
ii. It fails to state the corporate entity, on whose behalf it was issued - verbally, the
same individual, who issued the electronic mail, had stated that her conduct was on
behalf of an unidentified United States corporation.
iii. It is doubted that an Investment Consultant is a corporate officer, who is
authorized by BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates, or
competent to issue such banking/legal communications.
Therefore, on its face review of the records provided in this matter to this date by BANK
HAPOALIM, BM, Israel, its subsidiaries and/or affiliates raises concerns such corporate
entities are engaged in extortion through the issuance of fraudulent, simulated
banking/legal communications.
Regardless, BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates appear
ready, willing, able to proceed and materialize their unlawful threats.
c.
The issuance of fraudulent, simulated banking/legal records, and the conduct of fraudulent,
simulated litigation of banking matters in the courts, based on such inadmissible,
fraudulent records, are by now recognized as central to the current banking/legal crime
pandemic.
A legal expert opined in a Reuters report regarding conditions in the United States today:
it's difficult to find a fraud of this size on the U.S. court system in U.S. history I can't think
of one where you have literally tens of thousands of fraudulent documents filed in tens of
thousands of cases.
Therefore, in order to remove any doubt regarding the intents and the conduct of BANK
HAPOALIM, BM, Israel, its subsidiaries and/or affiliates in this matter, the Undersigned
herein demands that such corporate entities communicate within 10 days their ongoing
threats and demands in a valid legal manner, both on paper and by electronic mail (since
the Undersigned at present stays abroad).
Such valid, banking/legal communication should:
a. Be issued and signed by a named individual (in paper responses bear the original
graphic hand-signature of the issuer, certified by the lawful custodian of records of
the corporate entity, named in c, below; in an email responses - bear a certified
electronic signature of the issuer, pursuant to the Electronic Signature Act (2001)).
b. Clearly state the authority of the signer in the corporate entity, named in c, below,
and
c. Clearly state the corporate entity, on whose behalf the communication is being
issued.
Barcelona, Catalonia, September 12, 2012,
_________________
Joseph Zernik, PhD
1/3
Today, I also called again Pnyot HaTzibur [Public Communications jz] at Banking
Regulation [HaPiku'ah al HaBankim jz] to inquire regarding the designation of
Complaint number for my complaint against the Bank in this matter, which was duly
filed with Bank of Israel-Banking Regulation and confirmed received on August 25,
2012.
Today, I was helped by phone by Ms Hedvah. She searched the Bank of Israel
Consumer Complaints database, while I was on the phone, but could not find any record
of my Complaint.
Ms Hedvah asked for my phone number, in order to call back, after additional review of
this matter. I informed Ms Hedvah that I would follow up in writing, as I am doing, and
that in such matters, I also expect the response by Bank of Israel-Banking Regulation to
be in writing.
Events of the day highlight the three fundamental issues at hand:
a) Brazen conduct by the Bank, which should be deemed as a pattern of Extortion
through corporate White-collar Crime;
b) Sovereignty, or lack thereof, of the State of Israel, in general, and Bank of IsraelBanking Regulation, in particular, vis-a-vis their United States counterparts;
c) Integrity, or lack thereof, in Bank of Israel-Banking Regulation Consumer
Complaints fax and online electronic submission procedures, in particular, and
Consumer Complaints procedure in general, and.
For all the reasons, listed above, I hope and expect that Bank of Israel-Banking
Regulation would respond in writing and provide the number, designated for the August
25, 2012 Complaint; alternatively - explain the reasons that prevent the designation of
such number.
Truly,
Joseph Zernik, PhD
PO Box 31440
Jerusalem 91313
LINKS:
[1] 12-08-25 PRESS RELEASE: Complaint filed with Israeli banking regulation against Bank HaPoalim
for attempting to extort compliance with US IRS regulations in Jerusalem
http://he.scribd.com/doc/103925800/
[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
http://he.scribd.com/doc/103922991/
[3] 12-08-27 NOTICE TO CEASE AND DESIST EXTORTION AND TO MITIGATE HARMS given to Ms
Shari Arison, Mr Tzion Kenan, Mr Yair Serroussi - Bank HaPoalim
http://he.scribd.com/doc/104026663/
[4] 12-09-04 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
http://he.scribd.com/doc/104993753/
[5] 12-09-05 Correspondence With Bank HaPoalim, In Re: Ongoing Extortionist Conduct by Bank
HaPoalim, LTD, Israel
http://he.scribd.com/doc/104995723/
2/3
[6] 12-09-07 Request for Bank of Israels designated Complaint Number, Complaint Date
http://he.scribd.com/doc/105228127/
[7] 12-09-10 Request for Response by Bank of Israel Governor Stanley Fisher in re: Consumer Complaint
against Bank HaPoalim, LTD, Israel
http://he.scribd.com/doc/105495170/
[8] 12-10-01 Repeat Request for Designation of a Complaint Number by Bank of Israel, Banking
Regulation, for a complaint against Bank HaPoalim, BM
http://he.scribd.com/doc/108760537/
[9] 12-10-03 PRESS RELEASE: Israeli banking regulators fail to initiate complaint procedure against
Bank HaPoalim, BM, for alleged criminality
http://he.scribd.com/doc/108820346/
3/3
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02-6552211 :
02-6528805 :
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02.675.9632 :
02.675.9648 :
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__________________
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josephzernik@humanrightsalertngo.org
_____________
1/1
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