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 Posted: Wed Nov 19, 2008 7:05 am Post subject: [ot] Bank Leumi not obliged to return cash to Holocaust(tm) |
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See also:
http://online.wsj.com/article/SB122645046262819241.html
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http://www.haaretz.com/hasen/spages/1038408.html
Last update - 18:53 18/11/2008
Study: Bank Leumi not obliged to return cash to Holocaust victims' heirs
By Tomer Zarchin
Tags: Theodor Or, Israel News
Bank Leumi is not legally obliged to hand over to heirs money it had held for
people who died in the Holocaust, Justice (ret.) Theodor Or says in an
internal report he prepared at the request of the bank's board of directors.
Or was asked by the bank's board chairman, Eitan Raff, and legal adviser Ram
Caspi to examine its liability in view of the demand of the state-owned
Company for Locating and Retrieving Assets of Holocaust Victims for the
funds.
The company asked the bank in March for money in 1,299 accounts belonging to
Holocaust victims, totaling some NIS 147 million. The company later asked for
NIS 250 million more, from some 1,000 additional accounts in the bank.
Most of the sum consists of revalued accounts, after adding accumulated
interest and linkage until 1960, when the bank passed them on to the
Custodian General.
In his report Or criticizes the parliamentary committee of inquiry into
Holocaust victims' assets, headed by MK Colette Avital (Labor), saying that
it has no normative validity. "The committee's conclusions have no binding
normative validity. In many issues the law directives are different from the
directives at the base of the inquiry committee's examination," he wrote.
The bank has no legal obligation to pay the revalued funds of Holocaust
victims, which it held dozens of years ago and passed on as required to the
Custodian General, to their owners' heirs, Or said.
"A Holocaust victim was not and could not be the owner of the retroactive
revaluation increment. This addition did not exist during the victim's
lifetime," he wrote.
The directive obliging banks that held victims' money in the past to pay the
revalued sums is an obligation that infringes on their property rights and is
opposed to the Basic Law on Human Dignity and Liberty.
Bank Leumi refused to comment on the report, as the board has not reviewed
its findings yet. A bank spokesman said the bank was examining the demands of
the state-owned company for retrieving victims' assets. Bank Leumi has given
the company NIS 20 million for Holocaust victims' heirs, he said.
"It's astonishing that a respectable judge rules that the findings of the
historic parliamentary committee have no binding normative authority," MK
Avital commented Monday.
She said that although Or was paid by the bank, she expected a judge of his
standing not to make statements contradicting similar findings in the world
and that have been adopted by the Knesset and cabinet.
Unlike Mrs. Cohen from Hadera, who during the war could take care of her
money in the bank, a person who was in Auschwitz was unable to take care of
his money, and the bank did whatever it wanted to with it," she said.
Avital said the report washing its hands of paying the revalued funds was
"outrageous." She said the banks for years had invested the money of people
who died in the Holocaust, and must return it at its true value. "The bank
converted the money it held into ridiculously low amounts, and even the
cabinet insisted it must be revalued," she said. "Then along comes mister
judge, and the bank, instead of paying, starts dragging its feet again."
© Copyright Haaretz. All rights reserved |
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Dennis M Reed \"Califa\"
Guest
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| Posted: Fri Nov 21, 2008 8:37 am Post subject: Re: [ot] Bank Leumi not obliged to return cash to Holocaust( |
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what do you care? you say the Holocaust did not occur!
"Ø" <Ø@set.null> wrote in message
news:Xns9B5AADCE7FAD2c54s0l1@140.99.99.130...
| Quote: | See also:
http://online.wsj.com/article/SB122645046262819241.html
Ø
----------------------
http://www.haaretz.com/hasen/spages/1038408.html
Last update - 18:53 18/11/2008
Study: Bank Leumi not obliged to return cash to Holocaust victims' heirs
By Tomer Zarchin
Tags: Theodor Or, Israel News
Bank Leumi is not legally obliged to hand over to heirs money it had held
for
people who died in the Holocaust, Justice (ret.) Theodor Or says in an
internal report he prepared at the request of the bank's board of
directors.
Or was asked by the bank's board chairman, Eitan Raff, and legal adviser
Ram
Caspi to examine its liability in view of the demand of the state-owned
Company for Locating and Retrieving Assets of Holocaust Victims for the
funds.
The company asked the bank in March for money in 1,299 accounts belonging
to
Holocaust victims, totaling some NIS 147 million. The company later asked
for
NIS 250 million more, from some 1,000 additional accounts in the bank.
Most of the sum consists of revalued accounts, after adding accumulated
interest and linkage until 1960, when the bank passed them on to the
Custodian General.
In his report Or criticizes the parliamentary committee of inquiry into
Holocaust victims' assets, headed by MK Colette Avital (Labor), saying
that
it has no normative validity. "The committee's conclusions have no binding
normative validity. In many issues the law directives are different from
the
directives at the base of the inquiry committee's examination," he wrote.
The bank has no legal obligation to pay the revalued funds of Holocaust
victims, which it held dozens of years ago and passed on as required to
the
Custodian General, to their owners' heirs, Or said.
"A Holocaust victim was not and could not be the owner of the retroactive
revaluation increment. This addition did not exist during the victim's
lifetime," he wrote.
The directive obliging banks that held victims' money in the past to pay
the
revalued sums is an obligation that infringes on their property rights and
is
opposed to the Basic Law on Human Dignity and Liberty.
Bank Leumi refused to comment on the report, as the board has not reviewed
its findings yet. A bank spokesman said the bank was examining the demands
of
the state-owned company for retrieving victims' assets. Bank Leumi has
given
the company NIS 20 million for Holocaust victims' heirs, he said.
"It's astonishing that a respectable judge rules that the findings of the
historic parliamentary committee have no binding normative authority," MK
Avital commented Monday.
She said that although Or was paid by the bank, she expected a judge of
his
standing not to make statements contradicting similar findings in the
world
and that have been adopted by the Knesset and cabinet.
Unlike Mrs. Cohen from Hadera, who during the war could take care of her
money in the bank, a person who was in Auschwitz was unable to take care
of
his money, and the bank did whatever it wanted to with it," she said.
Avital said the report washing its hands of paying the revalued funds was
"outrageous." She said the banks for years had invested the money of
people
who died in the Holocaust, and must return it at its true value. "The bank
converted the money it held into ridiculously low amounts, and even the
cabinet insisted it must be revalued," she said. "Then along comes mister
judge, and the bank, instead of paying, starts dragging its feet again."
© Copyright Haaretz. All rights reserved |
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Ø
Guest
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| Posted: Fri Nov 21, 2008 3:10 pm Post subject: Re: [ot] Bank Leumi not obliged to return cash to Holocaust( |
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There were many holocausts.
Hiroshima, Nagasaki, Dresden...
"Dennis M Reed \"Califa\"" <dmreed@dmreed.com> wrote:
| Quote: | what do you care? you say the Holocaust did not occur!
"Ø" <Ø@set.null> wrote in message
news:Xns9B5AADCE7FAD2c54s0l1@140.99.99.130...
See also:
http://online.wsj.com/article/SB122645046262819241.html
|
<snip />
Ø |
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Dennis M Reed \"Califa\"
Guest
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| Posted: Fri Nov 21, 2008 5:37 pm Post subject: Re: [ot] Bank Leumi not obliged to return cash to Holocaust( |
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I believe your post referred to the Holocaust in Germany.
"Ø" <Ø@set.null> wrote in message
news:Xns9B5DBF009398c54s0l1@140.99.99.130...
| Quote: | There were many holocausts.
Hiroshima, Nagasaki, Dresden...
"Dennis M Reed \"Califa\"" <dmreed@dmreed.com> wrote:
what do you care? you say the Holocaust did not occur!
"Ø" <Ø@set.null> wrote in message
news:Xns9B5AADCE7FAD2c54s0l1@140.99.99.130...
See also:
http://online.wsj.com/article/SB122645046262819241.html
snip /
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