Wednesday, February 6, 2013

13-02-07 FATCA, Stanley Fischer - DC attorney opines - it makes no sense at all!


Stanley Fischer, Governor of the Bank of Israel, permits Israeli banks to enact, adjudicate, and enforce the law under the color of FATCA (Foreign Account Tax Compliance Act).  Effectively, Fischer established Israel as a lawless US corporate province.

 
Stanley Fischer, Governor of Bank of Israel, showing off his newly acquired Israeli ID in 2005. Petition in the Israeli High Court of Justice alleged 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. FATCA (Foreign Account Tax Compliance Act) is a US law, which fancies to subject any bank, worldwide, to the US government, force banks the to report any financial transactions by any "US Person", and serve as the US government's tax collector under threat of serious sanctions.

Washington, DC, February 6 - Attorney James Jatras, of the law firm of Squire Sanders (US) LLP issued his opinion regarding conduct of Bank of Israel and its governor Stanley Fischer, relative to FATCA -  (Foreign Account Tax Compliance Act) in the State of Israel. [1]
The opinion in part says:
To put it bluntly, on its face, the BOI [Bank of Israel] letter makes no sense at all... To start with, the letter notes that that institution claims it is enforcing FATCA...   But FATCA is an American, not Israeli law, and no legal basis for its enforcement in Israel is suggested whatsoever, other than the fear of reprisal by American authorities...  I cannot conceive that enforcing a foreign law in place of Israeli law is legal... However, in freezing funds before the (purportedly final) FATCA regulations have gone into effect – stated to begin in January 2014 – it cannot be said that BOI is even “implementing” FATCA.  Rather, it appears that they are enforcing, by anticipation, what they think FATCA will be if and when it goes into effect. I am unaware of any of the countries that have indicated their intention to comply with FATCA that have resorted to the kind of unwarranted, preemptive action taken against you... there is increasing reason to believe they may well not come into force at all. 
Attorney Jatras's experience includes service with the U.S. Senate and with the U.S. Department of State. At present he specializes in matters related to FATCA, a law that he closely analyzed.
Attorney Jatras's opinion was based on the January 27, 2013 response letter to Joseph Zernik, PhD, a Human Rights activist/computer science writer, of the People of the United States, on behalf of Bank of Israel Governor Stanley Fischer, relative to the seizing of Dr Zernik's accounts by the Israeli Bank HaPoalim, BM, in Jerusalem.  
The January 27, 2013 letter on behalf of Stanley Fischer made it clear that Stanley Fischer patronized the conduct of the Israeli bank. [3]
Harassment of Dr Zernik lasted for about half a year and ended only around January 31, 2013, after Dr Zernik sought protection by the German Consul in Tel Aviv.[2]

Prior to receipt of Bank of Israel's letter, three Consumer's Complaints were filed by Dr Zernik with Bank of Israel, alleging criminality by the Israeli Bank HaPoalim, BM, in Jerusalem under the color of FATCA. Receipt of none of the Complaints was ever confirmed in writing, and none was ever addressed by Bank of Israel. Instead, the Bank of Israel replied on a letter to Governor Stanley Fischer, dated October 14, 2012, which protested the failure to process the formal Consumer Complaints.
Petition to compel Stanley Fischer to enforce the law of the State of Israel was filed by Dr Zernik with the Supreme Court of the State of Israel. [4] The Petition alleged 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 interest. 
The Supreme Court refused to duly register the Petition. [5]
Conduct of Stanley Fischer and Bank of Israel must raise concern regarding integrity of Stanley Fischer's conduct as Governor of Bank of Israel, moreover, regarding integrity and stability of the Israeli financial system in general.
                                               
LINKS:
[1] 13-02-06 Attorney James Jatras opinion in re: Bank of Israel's Stanley Fischer's January 27, 2013 FATCA Response Letter
[2] 13-01-23 Breaking Story: Request for protection by the German Ambassador to Israel of a human rights/computer sciencewriter in Jerusalem
[3] 13-01-27 Stanley Fischer, Bank of Israel Response re: FATCA, Bank HaPoalim, BM
http://www.scribd.com/doc/123951835/
[4]12-10-23 Joseph Zernik v Stanley Fischer (7650/12) Petition in the High Court of Justice of the State of Israel – petition to compel the Governor of the Bank of Israel to perform his duties 
http://www.scribd.com/doc/110868553/
[5] 12-12-27 PRESS RELEASE – FATCA, Stanley Fischer, and "Chief Clerk" Sarah Lifschitz in the High Court of Justice of the State of Israel
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Joseph Zernik, PhD
Human Rights Alert (NGO)
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Sent from "1984" - Iceland-based internet service provider
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Occupy! 
11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!
12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisis
http://www.scribd.com/doc/96504009/
Secede! The US in its current form is simply unmanageable...
12-01-01 Secession - A Smart Business Move!
Get up, stand up, stand up for your rights! 
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