Monday, September 10, 2012

2012-09-10 The ongoing US-Israeli love affair, c) Landmark events in unannounced regime change in Israel (2012)

2015-11-28 UPDATE:  I notice that this post is getting reads, so I should add that in January 2013 Bank HaPoalim unlawfully froze my account. Bank of Israel and the Israeli Supreme Court refused to provide equal protection under the law.  After documenting the exhaustion of Israeli legal system, I approached the German Consul in Israel with a request for protection, and my accounts were unfrozen...  Consider myself honored by entire episode - they treated me like a significant whistle-blower... :)
2015-11-26 US: The War on Whistle-blowers 
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This fourth, current (2012) event in what has been described as unannounced regime change in the State of Israel, is separate from the three previous events: a) the Bus 300 Affair (1984), b) the Assassination of Yitzhak Rabin (1995), c) and the death of the Supreme Court’s Chief Clerk Shmaryahu Cohen (2002).  The fourth event involves Bank HaPoalim, LTD, Israel, Bank of Israel, and me.  Like the events that surrounded the death of the Supreme Court’s Chief Clerk Shmaryahu Cohen (2002) it directly documents the loss of sovereignty of the People of the State of Israel to the US, or its proxy corporations.  Here, Bank HaPoalim, LTD, Israel, is shown to treat the State of Israel as a US province, where Bank HaPoalim, LTD, established its own version of the US law, and adjudicated and executed its own laws as well.  Bank of Israel – the State of Israel’s banking regulator – was aware of Bank HaPoalim’s intent in advance, but its response on these latest events is yet to be seen. The current alleged criminality of Bank HaPoalim, LTD, Israel, is remarkably similar to the conduct of US financial institutions, such as Bank of America Corporation, and Countrywide Financial Corporation, before it, over the past decade, and the refusal of US banking regulators to enforce the US law on US financial institutions.
 

Stanley Fisher, Governor of the Bank of Israel, and Zion Kenan, CEO of Bank HaPoalim

View as PDF: http://www.scribd.com/doc/105489646/

Following the previous two installment, [1,2] the third installment continues to explore the effects of the ongoing US-Israeli love affair in the State of Israel. The claim, underlying the list of landmarks events is that the State of Israel went through an unannounced regime change, starting at least as early as 1984 with the Bus 300 Affair.  The event described in this installment, is probably the one that most effectively documents the unannounced regime change: A financial corporation, Bank HaPoalim, LTD, Israel, is permitted to establish its own laws in the State of Israel, as a proxy of the US government, and Bank of Israel - the State of Israel´s banking regulator - stands by and fails to enforce banking regulation and the law of the State of Israel on Bank HaPoalim.

4.    Extortionist conduct by Bank HaPoalim - establishing its own version of US IRS Regulations in the State of Israel, adjudicating and executing the US law in the State of Israel as well.

a)    Background information regarding Bank HaPoalim
Wikipedia:
Bank Hapoalim is Israel’s largest bank…
The bank was established in 1921 by the Histadrut, the Israeli trade union congress and the World Zionist Organization…
The bank was owned by the Histadrut until 1983, when it was nationalized following the Bank Stock Crisis. The bank was held by the Israeli government until 1996 when it was sold to a group of investors led by Ted Arison. During the period of government ownership the bank grew considerably to become the largest bank in Israel...
In October 2009 several senior employees were controversially [???- jz] indicted in Tel Aviv District Court on suspicions of money laundering and fraud. They reportedly helped the Israeli-Russian businessman Arcadi Gaydamak and the Italian-Israeli businessman Nahum Galmor to deceive the shareholders of the Dutch chemicals company Thermphos.
Haaretz daily, February 18, 2011:
The police have recommended indicting former Bank Hapoalim chairman Danny Dankner on charges of bribery, fraud, breach of trust and money laundering.
They also recommended charging the bank’s former CEO, Zion Kenan, with breach of trust. The findings have been sent to the prosecution, which must now decide whether to press charges.
No report was found, indication that the criminal prosecution has ever been commenced.

b)    Current events
In April 2010 I had to escape from the US, under imminent, unlawful danger to my life and liberty by the US government.  It took me some 9 months to establish my residence in Jerusalem, and I opened an account with Bank HaPoalim, LTD, Israel.  The Bank is listed as a Israeli financial institution, regulated by Bank of Israel – the Israeli banking regulator.  The Customer Agreement was signed in Hebrew, pursuant to the law of the State of Israel.
At the time of signing the Customer Agreement, I disclosed that I held US citizenship, but made it clear that I had no business in the United States, not a US resident any longer, and intended to file no US IRS forms.  Accordingly, the Bank’s officer advised me to keep all my money in financial instruments, based in the State of Israel, and in no instrument based elsewhere (e.g. mutual funds that are managed by US corporations).  I followed that instruction, and all my money was invested since then only in State of Israel based financial instruments of Bank HaPoalim, LTD, Israel itself.

In late August 2012, in visits to two separate branches of Bank HaPoalim, I was informed by officers of the Bank of its intention to seize my accounts on September 1, 2012, unless I yield to the Bank’s demands, and sign (view the forms under [3]) :
i.    US W-9 Form, pursuant to US IRS Regulations,
ii.    A paper drafted by the Bank itself, titled “US Person Undertaking and Waiver”.
The second record in part reads as follows:
“Now, therefore, I hereby undertake the following:
1.    To pay any US federal income tax due with respect to income derived from all accounts…
2.    To comply with all applicable US federal income tax reporting…
3.    To provide the bank, upon request, with copies of the applicable Schedule B of IRS Form 1040…

I hereby agree that the Bank shall be permitted to disclose to the Bank’s US custodian or the US tax authorities all IRS forms… and any and all documents or information pertaining to the Accounts that are held or maintained in the Bank, and in this regard hereby waive any right to any right to have such information and/or documents kept in confidence by the Bank.
In response to my protest that such demands have no basis in the law of the State of Israel, officers of the Bank initially claimed that such demands were permitted, pursuant to some unspecified “international treaty”.  When pressed to name the “treaty”, they eventually conceded that there was no such “treaty”, and falsely claimed that the Bank was an American Corporation, and therefore had to comply with US law.
When I still refused to yield to the Bank’s demands, I was informed that all my accounts will be seized as of September 1, 2012.

During the same visit to Bank HaPoalim, I requested that the Bank provide a clear statement of interest gained in my accounts during the tax year 2011.  The bank refused to do so.

On August 25, 2012, I filed a Consumer’s Complaint against Bank HaPoalim, LTD, Israel, with Bank of Israel, alleging extortion. [3,4] The Bank of Israel’s staff confirmed receipt of the Complaint, which was uploaded in the designated web site, faxed, and emailed to Bank of Israel.  Staff member also informed me that Bank HaPoalim will have to respond on the Complaint within 21 days, and then the Bank of Israel would make a determination on the Complaint.
During the conversation, the Bank of Israel staff also informed me that the Bank of Israel was aware in advance of the intent of Bank HaPoalim, and Bank HaPoalim’s intended actions raised sufficient concern that a committee was appointed to review the matter.  The staff also informed me that my case was the first known case of such conduct by Bank HaPoalim and the first Consumer Complaint arising from such conduct.

On August 27, 2012, I filed with Bank HaPoalim, LTD, Israel, “Notice to cease and desist extortion and to mitigate harms.” [5]

On September 4, 2012, I filed with Bank HaPoalim in writing “Demand for immediately providing me a definitive written record, listing any and all interest gained on my accounts during the tax year 2011.” [6]
Also on September 4, 2012, I filed with Bank of Israel an Addendum to the August 25, 2012 Complaint, noting that the refusal by Bank HaPoalim to provide a clear statement of interest gained in customer accounts was inconsistent with any notion of honest banking.
On  September 5, 2012, I received an email notice from the Bank, reiterating its extortionist demands.  [7] The notice still failed to provide any legal foundation for the extortionist demands of the Bank in the law of the State of Israel. However, in this communication, in contrast to statements made in by the Bank’s officers during my late August visit, the Bank informed me that I would be permitted to take my money out instead of complying with its demands, if I chose to do so.

Also on September 5, 2012, I filed with the Bank “Demand for immediately providing me a definitive written record, listing any and all interest gained on my accounts during the tax year 2011”.  [7]  The demand noted that the refusal of the Bank to provide such information contradicted their claims of compliance with US IRS Regulations.  No such statement was received to this date.

c)    Where things stand now
On September 8, 2012, I filed a request with Bank of Israel, to transmit to me by email (since I am abroad), the Complaint Number and Complaint Date, designated by Bank of Israel on my August 25, 2012 Consumer Complaint, and to confirm the receipt of the Addendum.  [8]  The same Bank of Israel officer, who had previously promptly responded on my communications, has failed to respond on this request so far.

In conclusion:
•    There is no doubt that in parallel to the increasingly tight relationship between the United States and the State of Israel, unprecedented events took place in the State of Israel, which redefined the political power map, irrespective of written law of the State of Israel.    Such events, as the assassination of Yitzhaq Rabin, resembled events that took place in other US client states.  However, there is no evidence of involvement by the US or its proxies, in the Assassination of Yitzhaq Rabin (or the in the Bus 300 Affair ).
•    The State of Israel Ombudsman’s 2010 report provided clear evidence of the involvement of IBM and EDS – US based corporations - in the unlawful implementation of new electronic records systems in the courts in violation of the law of the State of Israel.  The evidence produced by this author in the 2012 Human Rights Alert (NGO ) submission to the United Nations, placed such conduct as part of events that surrounding the inexplicable death of the Supreme Court’s Chief Clerk Shmaryahu Cohen in 2002.
•    The current events, involving Bank HaPoalim in 2012, show the direct undermining of the rule of law in the State of Israel by a financial institution, acting as a proxy of the United States.
•    The current alleged criminality of Bank HaPoalim, LTD, Israel, is remarkably similar to the conduct of US financial institutions, such as Bank of America Corporation, and Countrywide Financial Corporation, before it, over the past decade, [9] and the refusal of US banking regulators to enforce the US law on US financial institutions. [10]
LINKS:
[1] 12-09-07 The ongoing US-Israeli love affair – a) Histroic perspective
http://www.scribd.com/doc/105215258/
[2] 12-09-07 the Ongoing US-Israeli Love Affair, b) Landmark Events in Unannounced Regime Change in Israel
http://www.scribd.com/doc/105237579/
[3] 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://www.scribd.com/doc/103925800/
[4] 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/
[5] 12-08-27 NOTICE TO CEASE AND DESIST EXTORTION AND TO MITIGATE HARMS given to Ms Shari Arison, Mr Tzion Keynan, Mr Yair Sarusi - Bank HaPoalim
http://inproperinla.blogspot.com.es/2012/08/12-08-27-notice-to-cease-and-desist.html
[6] 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://www.scribd.com/doc/104993753/
    [7] 12-09-05 Correspondence With Bank HaPoalim, In Re: Ongoing Extortionist Conduct by Bank HaPoalim, LTD, Israel
    http://www.scribd.com/doc/104995723/
    [8] 12-09-08 Repeat Request for Bank of Israel´s designated Complaint Number, in re: Bank HaPoalim, with confirmation of successful fax transmission
    http://www.scribd.com/doc/105286807/
[9] 10-05-05 Countrywide, Bank of America (NYSE:BAC), and its President Brian Moynihan - Compilation of Records - Evidence of Racketeering
http://www.scribd.com/doc/30975368/
[10] 10-05-05 Chairs of US Congress Committees of the Judiciary and Banking Are Requested to Join Senator Feinstein’s Inquiries on Comptroller of the Currency and US Dept of Justice Inspector General
http://www.scribd.com/doc/30979882/

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