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  • 13-02-12 FATCA, Stanley Fischer - Request For Clarifications by Bank HaPoalim's Chief Internal Auditor Jacob Orbach in Re: Account Status TODAY

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    Human Rights Alert - NGO (RA)
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    On or about January 1, 2012, my bank accounts with Bank HaPoalim, BM, were frozen. On or about January 31, 2013, my 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 my 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 me equal protection under the law of the State of Israel. [ ] 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 my case had no basis in the law of the United States, either. [ ] Correspondence with your 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 my accounts. [ ] Therefore, given the arbitrary and capricious nature of the Bank's conduct, I write to request further explanation by your office, regarding the status of my accounts with Bank HaPoalim, BM, today: 1) Was the restoration of my access to my own funds in Bank HaPoalim's accounts temporary or permanent? If temporary, under what circumstances would the Bank decide to freeze my accounts again? 2) Am I permitted, like other citizens and residents of the State of Israel to buy and sell securities, or am I barred by Bank HaPoalim from executing such transactions in my accounts, as I have been previously advised by the Private Banking clerk? 3) On January 14, 2013, I completed my duties, pursuant to the law of the United States, to renounce my US citizenship. On the same date, I 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 my existing accounts. Bank HaPoalim refused to do either. Based on what standards would the Bank remove the "US Person" designation from my accounts? Or is the "US Person" designation permanent and non-removable, according to Bank HaPoalim? Surely, you realize that the above questions directly pertain to my fundamental Human Rights for possession and for protection against taking of my possessions with no due process of law. Likewise, these questions directly pertain to integrity, or lack thereof, in Bank HaPoalim's operations. Therefore, I expect responses by the office of the Chief Internal Auditor on the above questions within 10 days. Jerusalem, February 12, 2012, _________________ Joseph Zernik, PhD PO Box 31440 Jerusalem, 91313

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    On or about January 1, 2012, my bank accounts with Bank HaPoalim, BM, were frozen. On or about January 31, 2013, my 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 my 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 me equal protection under the law of the State of Israel. [ ] 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 my case had no basis in the law of the United States, either. [ ] Correspondence with your 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 my accounts. [ ] Therefore, given the arbitrary and capricious nature of the Bank's conduct, I write to request further explanation by your office, regarding the status of my accounts with Bank HaPoalim, BM, today: 1) Was the restoration of my access to my own funds in Bank HaPoalim's accounts temporary or permanent? If temporary, under what circumstances would the Bank decide to freeze my accounts again? 2) Am I permitted, like other citizens and residents of the State of Israel to buy and sell securities, or am I barred by Bank HaPoalim from executing such transactions in my accounts, as I have been previously advised by the Private Banking clerk? 3) On January 14, 2013, I completed my duties, pursuant to the law of the United States, to renounce my US citizenship. On the same date, I 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 my existing accounts. Bank HaPoalim refused to do either. Based on what standards would the Bank remove the "US Person" designation from my accounts? Or is the "US Person" designation permanent and non-removable, according to Bank HaPoalim? Surely, you realize that the above questions directly pertain to my fundamental Human Rights for possession and for protection against taking of my possessions with no due process of law. Likewise, these questions directly pertain to integrity, or lack thereof, in Bank HaPoalim's operations. Therefore, I expect responses by the office of the Chief Internal Auditor on the above questions within 10 days. Jerusalem, February 12, 2012, _________________ Joseph Zernik, PhD PO Box 31440 Jerusalem, 91313

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    13-02-12 FATCA, Stanley Fischer - Request For Clarifications by Bank HaPoalim's Chief Internal Auditor Jacob Orbach in Re: Account Status TODAY

    Hochgeladen von

    Human Rights Alert - NGO (RA)
    On or about January 1, 2012, my bank accounts with Bank HaPoalim, BM, were frozen. On or about January 31, 2013, my 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 my 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 me equal protection under the law of the State of Israel. [ ] 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 my case had no basis in the law of the United States, either. [ ] Correspondence with your 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 my accounts. [ ] Therefore, given the arbitrary and capricious nature of the Bank's conduct, I write to request further explanation by your office, regarding the status of my accounts with Bank HaPoalim, BM, today: 1) Was the restoration of my access to my own funds in Bank HaPoalim's accounts temporary or permanent? If temporary, under what circumstances would the Bank decide to freeze my accounts again? 2) Am I permitted, like other citizens and residents of the State of Israel to buy and sell securities, or am I barred by Bank HaPoalim from executing such transactions in my accounts, as I have been previously advised by the Private Banking clerk? 3) On January 14, 2013, I completed my duties, pursuant to the law of the United States, to renounce my US citizenship. On the same date, I 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 my existing accounts. Bank HaPoalim refused to do either. Based on what standards would the Bank remove the "US Person" designation from my accounts? Or is the "US Person" designation permanent and non-removable, according to Bank HaPoalim? Surely, you realize that the above questions directly pertain to my fundamental Human Rights for possession and for protection against taking of my possessions with no due process of law. Likewise, these questions directly pertain to integrity, or lack thereof, in Bank HaPoalim's operations. Therefore, I expect responses by the office of the Chief Internal Auditor on the above questions within 10 days. Jerusalem, February 12, 2012, _________________ Joseph Zernik, PhD PO Box 31440 Jerusalem, 91313

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    Chief Internal Auditor Jacob Orbach, Member of the Board of Management BANK HAPOALIM, BM, Israel Email: <jacob.orbach@mailpoalim.co.il>; shalom.barashi@mailpoalim.co.il, Ms Maya Shulyatsky <maya.shulyatsky@mailpoalim.co.il>, david.zegen@mailpoalim.co.il, , drora.bregman@mailpoalim.co.il, maya.amzallag@mailpoalim.co.il, mordechai.assouline@mailpoalim.co.il, efrat.dahan@mailpoalim.co.il Fax: 03-607-3101, 03-567-3764; 1) Governor Stanley Fischer BANK OF ISRAEL Email: Ms Miriam Segal, Bank of Israel-Banking Regulation <miriam.segal@boi.org.il>, Fax: 02-666-9077 2) Consul Ludwig Blaurock, EMBASSY OF THE FEDERAL GERMAN REPUBLIC, Tel Aviv.

    RE: Arbitrary and capricious actions by Bank HaPoalim, BM, against my accounts request for clarification of my account status today Your letter, dated November 4, 2012, Ref: 1-6098055244 My letters of September 5, 12, 14, 2012, January 28, 2013 [i]
    RESPONSE WITHIN 10 DAYS IS KINDLY REQUESTED TO MR JACOB ORBACH, Chief Internal Auditor and Member of the Board of Management, Bank HaPoalim, BM: On or about January 1, 2012, my bank accounts with Bank HaPoalim, BM, were frozen. On or about January 31, 2013, my 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 my 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 me equal protection under the law of the State of Israel. [ii] 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 my case had no basis in the law of the United States, either. [iii] Correspondence with your 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 my accounts. [iv] Therefore, given the arbitrary and capricious nature of the Bank's conduct, I write to request further explanation by your office, regarding the status of my accounts with Bank HaPoalim, BM, today: 1) Was the restoration of my access to my own funds in Bank HaPoalim's accounts temporary or permanent? If temporary, under what circumstances would the Bank decide to freeze my accounts again? 2) Am I permitted, like other citizens and residents of the State of Israel to buy and sell securities, or am I barred by Bank HaPoalim from executing such transactions in my accounts, as I have been previously advised by the Private Banking clerk? 3) On January 14, 2013, I completed my duties, pursuant to the law of the United States, to renounce my US citizenship. On the same date, I provided the relevant documents to Bank 1/2

    HaPoalim's Branch, Kikar Zion, Jerusalem, and asked to open a non-"US Person" account, alternatively, to remove the "US Person" designation from my existing accounts. Bank HaPoalim refused to do either. Based on what standards would the Bank remove the "US Person" designation from my accounts? Or is the "US Person" designation permanent and non-removable, according to Bank HaPoalim? Surely, you realize that the above questions directly pertain to my fundamental Human Rights for possession and for protection against taking of my possessions with no due process of law. Likewise, these questions directly pertain to integrity, or lack thereof, in Bank HaPoalim's operations. Therefore, I expect responses by the office of the Chief Internal Auditor on the above questions within 10 days. Jerusalem, February 12, 2012,

    _________________ Joseph Zernik, PhD PO Box 31440 Jerusalem, 91313 LINKS:


    i

    [1] 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://www.scribd.com/doc/103922991/ [2] 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 http://www.scribd.com/doc/104993753/ [3] 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 http://www.scribd.com/doc/105706636/ [4] 12-09-13 More Evidence of Fraud and Extortion by BANK HAPOALIM, BM, Israel, Subsidiaries and or Affiliates http://www.scribd.com/doc/105825087/ [5] 12-09-14 Demand for Action by Bank HaPoalim, BM, Chief Internal Auditor Jacob Orbach, re: FATCA related extortionist conduct by the Bank http://www.scribd.com/doc/113463251/ [6] 12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats with Appendices A. Demand and threat letter, B. customer agreement http://www.scribd.com/doc/113460859/ ii 13-01-27 Stanley Fischer, Bank of Israel Response re: FATCA, Bank HaPoalim, BM http://www.scribd.com/doc/123951835/ iii 13-02-06 Attorney James Jatras opinion in re: Bank of Israel's Stanley Fischer's January 27, 2013 FATCA Response Letter http://www.scribd.com/doc/124247597/ iv 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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