Human Rights Alert (NGO)

Joseph Zernik, PhD PO Box 31440, Jerusalem 91313 josephzernik@humanrightsalertngo.org

" 91313 " 4413

12-11-04 FATCA, Stanley Fischer in the High Court of Justice of the State of Israel
In Zernik v Fischer (7650-12), petition to compel Stanley Fischer, Governor of the Bank of Israel
to perform his duties, Petitioner Zernik alleges that through unconditional submission to FATCA, Stanley Fischer replaced his loyalty to the State of Israel and its laws with loyalty to another nation and its laws, or loyalty to financial institutions and their interests. New evidence, filed

today, suggests that Fischer has made this change of loyalty as early as 2010. Permitting lawlessness in banking in the State of Israel, through unconditional submission to FATCA, should raise concern regarding integrity and stability of the Israeli financial system. Conduct of Stanley Fischer and Bank Isreal stand in contrast to conduct of Canada, UK, and Australia in this matter.

[pics] Stanley Fischer, Governor of the Bank of Israel - Israel's Banking Regulator and Bilderberg Member, showing off his newly acquired Israeli ID in 2005; Supreme Court of the State of Israel, FATCA. View as PDF: http://www.scribd.com/doc/112124727/ View as blog post: http://inproperinla.blogspot.co.il/2012/11/12-11-04-fatca-stanley-fischer-inhigh.html

Jerusalem, November 4 - In Zernik v Fischer (7650-12), petition to compel Stanley Fischer, Governor of the Bank of Israel, to perform his duties, Petitioner Zernik alleges that through unconditional submission to FATCA, Stanley Fischer established lawlessness in the banking system in the State of Israel, and replaced 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. [1,2] Today, a new record was filed with the Court Haaretz daily report from 2010, titled: "Israeli banks urge America clients to close Israeli accounts". According to today's filing (see below), the report documents the origins of conditions that now prevail in Israel each bank fabricates its own banking regulations and then attempts to extort its "US Persons" customers to submit to such simulated banking regulations. [3,4] Conduct of Stanley Fischer and Bank of Israel vis--vis FACTA should be contrasted with the response of Canada, which refuses to cooperate, and the response of the both the UK and Australia, which attempt to establish bilateral treaties and legislation in this regard.

Given the widespread corruption of US banks and US banking institutions, the unconditional submission of Stanley Fischer and Bank of Israel to US banking regulation outside the laws of the State of Israel should raise concerns regarding integrity and stability of the Israeli financial system. The Petition in Zernik v Fischer has been held by the High Court of Justice since October 23, 2012, with no decision at all. Following are excerpts from today's filing:
The Petitioner alleges that significance of the report lies in describing the preparation in Israeli banks and Bank of Israel-Banking Regulation already in 2010 in view of future legislation in the United States. 4. The report documents steps taken already then by Bank HaMizrahi-Tefahot against customers, who were "US Persons". Such steps were only against securities investment accounts, but not against cash deposits in local and foreign currencies. 5. The report also documents the position of Bank Leumi in this matter at that time: 'its business decisions are "based on legal standards." ' 6. Upon the Petitioner's information and belief, position of Bank Leumi today the Bank sent notices to his customers, who are "US Persons", threatening to liquidate their securities accounts, unless they sign US Income Tax forms W-9. 7. The Petitioner alleges that conduct of Bank Leumi today is not "based on legal standards" of any validity. 8. Conduct of Bank HaPoalim, BM, today in this matter including demands and threats pertaining to cash deposit accounts in local and foreign currencies, which are not in securities was documented in the August 25, 2012 Complaint, filed by the Petitioner with Bank of Israel. 9. Therefore, the Petitioner alleges that the Haaretz report describes the initiation of a process, which led to the establishment of the current situation where each bank acts as it wishes, where different banks fabricate different regulations in this matter, and where different banks enforce such simulated regulations on their customers, who are "US Persons", with no foundation at all in the laws of the State of Israel. 10. Moreover, the Haaretz report describes what appears as the position of Bank of Israel-Banking Regulation in this matter, already in 2010, "The Bank of Israel hasn't handed down instructions to the banks on the matter, which doesn't fall under its purview." This statement, which the Petitioner alleges is baseless, appears with no attribution, in contrast with other statements detailing the positions of institutions in this matter. The Petitioner alleges that it is unreasonable that Haaretz published such statement, unless it originated in senior officers in Bank of Israel, or was cleared with them. The Petitioner has forwarded a request to the reporter, Raphael Ahren and to Haaretz Editor-in-Chief, to disclose the source of this statement. No response has been received to this date. 11. The Petitioner alleges that further investigation is likely to reveal that Governor of the Bank of Israel Stanley Fischer was directly involved in setting policies in this matter as early as 2010, and not only as early as 2012, as originally alleged. 12. The 2010 Haaretz report supports the Petitioner's allegations: "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... Conduct of the Respondent should be deemed Fraud, Deceit, or large-scale public deceptionUndermines the sovereignty of the State of Israel. replacement of his loyalty to the State of Israel and its laws to the laws of another nation and/or the interests of financial institutions Undermines the rule of law in the State of Israel. misprision of felonies, and abuse of his office." 3.

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:LINKS
[1] 12-10-23 PRESS RELEASE Petition alleges Bank of Israel Fischer patronizes criminality at Bank HaPoalim, BM

http://www.scribd.com/doc/110868267/ [2] 12-10-23 Joseph Zernik v Stanley Fischer (7650/12) Petition in the High Court of Justice of the State of Israel http://www.scribd.com/doc/110868553/ [3] 12-11-04 Zernik v Fischer (7650-12) Request to Add a Record - Haaretz 2010 report on Bank of Israel position re - future enactment of FATCA http://www.scribd.com/doc/112067080/ [4] Ahren, R., "Israeli banks urge America clients to close Israeli accounts", Haaretz, March 9, 2010. http://www.haaretz.com/print-edition/business/israeli-banks-urge-america-clients-to-closeisraeli-accounts-1.264388 _____________ Joseph Zernik, PhD < josephzernik@humanrightsalertngo.org> Sent from "1984", Iceland-based Internet Service Provider _____________ Human Rights Alert (NGO) * United States - the 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed and incorporated in the official HRC Professional Staff Report with a note referring to corruption of the courts and the legal profession and discrimination by law enforcement in California.
[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California." http://www.scribd.com/doc/38566837/

* State of Israel - the 2012 submission of Human Rights Alert to the HRC, titled, "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel', is scheduled for review in January 2013.
[1] 12-06-04 Human Right Alert's Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel http://www.scribd.com/doc/92826212/ [2] 12-05-10 Appendix I to Human Right Alert's Submission; 15th UPR - State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israe http://www.scribd.com/doc/108663259/ [3] 12-07-18 Human Right Alert's Appendix II to Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, in the electronic record systems in the courts of the State of Israel - Additional Responses by National Authorities/Experts, Re: ComSign, LTD - sole certifier and hacker of the digital signatures of the State of Israel http://www.scribd.com/doc/108662869/

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http://www.opednews.com/author/author81971.html http://www.opednews.com/author/author42343.html _____________________________

WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS? * "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Reuters (Jan 22, 2012) http://www.scribd.com/doc/79572282/

* Foreclosure fraud: The homeowner nightmares continue CNN (April 7, 2011) * About 3 million homes have been repossessed since the housing boom ended in 2006 That number could balloon to about 6 million by 2013 Bloomberg (January 2011) * "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." Prof Paul Krugman, MIT (2011) http://www.scribd.com/doc/50753639/ _____________________________