English translation of excerpts from the filing:
The Petitioner alleges that significance of the report lies in describing the preparation in Israeli banks andBank 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 inlocal and foreign currencies.5.
The report also documents the position of Bank Leumi in this matter at that time: '…its business decisionsare "based on legal standards." '6.
Upon the Petitioner's information and belief, position of Bank Leumi today – the Bank sent notices to hiscustomers, who are "US Persons", threatening to liquidate their securities accounts, unless they sign USIncome 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 cashdeposit accounts in local and foreign currencies, which are not in securities – was documented in theAugust 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 tothe establishment of the current situation – where each bank acts as it wishes, where different banksfabricate different regulations in this matter, and where different banks enforce such simulated regulationson 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 Regulationin this matter, already in 2010, "The Bank of Israel hasn't handed down instructions to the banks onthe 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 thismatter. The Petitioner alleges that it is unreasonable that Haaretz published such statement, unless itoriginated in senior officers in Bank of Israel, or was cleared with them. The Petitioner has forwarded arequest to the reporter, Raphael Ahren and to Haaretz Editor-in-Chief, to disclose the source of thisstatement. 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 IsraelStanley Fischer was directly involved in setting policies in this matter as early as 2010, and not only asearly 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 themanagement of Bank HaPoalim, BM, in this matter, even before the Petitioner filed his August 25, 2012Complaint… Through his continuing refusal to register and review the Petitioner's Complaint, RespondentStanley Fischer and Bank of Israel-Banking Regulation continue to patronize simulated lawfulness, to aidand abet the conduct... Conduct of the Respondent should be deemed Fraud, Deceit, or large-scale publicdeception…Undermines 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… Underminesthe rule of law in the State of Israel. … misprision of felonies, and abuse of his office."