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12-11-16 Letter to Bank HaPoalim, BM, Chief Internal Auditor Jacob Orbach Re: FATCA-related extortionist conduct - request for the Bank's "new policy" s

12-11-16 Letter to Bank HaPoalim, BM, Chief Internal Auditor Jacob Orbach Re: FATCA-related extortionist conduct - request for the Bank's "new policy" s

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The Bank's response, while helpful, raises serious concerns:
1. Repeat request for valid legal communications by the Bank
The signers of the Bank's November 4, 2012 letter, referenced above, Ella Gutman and David Zagan, were not identified by their authority in Bank HaPoalim, BM, regardless of repeated requests for valid signatures on communications of legal nature by the Bank.
Individuals, who issue false and deliberately misleading records of legal nature on behalf of financial institutions, unsigned, or signed with no authority and/or qualifications, have come to be known in recent years as "Robo-signers". Such conduct has been recognized as central to the criminality that underlies the current financial crisis in the United States.
Therefore, the Undersigned again asks that legal communications on behalf of the Bank be signed by authorized officers of the Bank, identified as such.
2. Repeat request for single-sum statements of the interest gained in each of the Undersigned's accounts in the calendar year 2011.
Contrary to what is stated in the Bank's November 4, 2012 letter, referenced above, the Undersigned has not received to this date from the Bank single-sun statements of the interest gained in 2011 in each of the Undersigned's accounts, as required by United States IRS regulations, which the Bank fabricates enforcement of.
The Bank' branch produced to the Undersigned a 17-page document, covering only some of the accounts. Such document is invalid and of no use for the purpose of United States IRS filing. Absent valid reporting by the Bank to the account holder, there is no way that the account holder could comply with the Bank's demands, relative to filing United States IRS returns.
For the Bank's convenience, enclosed is a sample of United States IRS Form 1099-Int (2012). The Bank is required to issue such statement for each account, providing a single-sum (Box 1) for the interest gained in the respective account during the statement period.
Therefore, the Bank is again asked to provide single-sum statements of the interest gained in each of the Undersigned's accounts (both NIS and other currencies), from January 1, 2011 to December 31, 2011.
3. Request for a copy of the Bank's undated FATCA-related "new policy"
Review of the Bank's November 4, 2012 response, the customer agreements, and the Bank's unsigned June 27, 2012 FATCA Demand Letter shows that the legal fabrication in this case is based on the claim of existence of an undated FATCA-related "new policy" of the Bank.
Therefore, the Undersigned requests a valid copy of the Bank's record, which is the Bank's undated FATCA-related "new policy", referenced in the Bank's June 27, 2012 FATCA Demand Letter, and valid records of the manner in which the "new policy" was adopted by the Bank (e.g., minutes/protocol of relevant meeting).
4. Request for the Chief Internal Auditor's opinion regarding validity and legality of the "new policy".
In the August 25, 2012 Complaint, filed with Bank of Israel, the Undersigned claims that the establishment of such "new policy" by the Bank amounts to extortion and organized, corporate, white-collar crime.
Therefore, the Undersigned requests that the Chief Internal Auditor also provide his opinion regarding validity of the manner in which the undated "new policy" was adopted by the Bank, and legality of the undated "new policy" itself.
The Bank's response, while helpful, raises serious concerns:
1. Repeat request for valid legal communications by the Bank
The signers of the Bank's November 4, 2012 letter, referenced above, Ella Gutman and David Zagan, were not identified by their authority in Bank HaPoalim, BM, regardless of repeated requests for valid signatures on communications of legal nature by the Bank.
Individuals, who issue false and deliberately misleading records of legal nature on behalf of financial institutions, unsigned, or signed with no authority and/or qualifications, have come to be known in recent years as "Robo-signers". Such conduct has been recognized as central to the criminality that underlies the current financial crisis in the United States.
Therefore, the Undersigned again asks that legal communications on behalf of the Bank be signed by authorized officers of the Bank, identified as such.
2. Repeat request for single-sum statements of the interest gained in each of the Undersigned's accounts in the calendar year 2011.
Contrary to what is stated in the Bank's November 4, 2012 letter, referenced above, the Undersigned has not received to this date from the Bank single-sun statements of the interest gained in 2011 in each of the Undersigned's accounts, as required by United States IRS regulations, which the Bank fabricates enforcement of.
The Bank' branch produced to the Undersigned a 17-page document, covering only some of the accounts. Such document is invalid and of no use for the purpose of United States IRS filing. Absent valid reporting by the Bank to the account holder, there is no way that the account holder could comply with the Bank's demands, relative to filing United States IRS returns.
For the Bank's convenience, enclosed is a sample of United States IRS Form 1099-Int (2012). The Bank is required to issue such statement for each account, providing a single-sum (Box 1) for the interest gained in the respective account during the statement period.
Therefore, the Bank is again asked to provide single-sum statements of the interest gained in each of the Undersigned's accounts (both NIS and other currencies), from January 1, 2011 to December 31, 2011.
3. Request for a copy of the Bank's undated FATCA-related "new policy"
Review of the Bank's November 4, 2012 response, the customer agreements, and the Bank's unsigned June 27, 2012 FATCA Demand Letter shows that the legal fabrication in this case is based on the claim of existence of an undated FATCA-related "new policy" of the Bank.
Therefore, the Undersigned requests a valid copy of the Bank's record, which is the Bank's undated FATCA-related "new policy", referenced in the Bank's June 27, 2012 FATCA Demand Letter, and valid records of the manner in which the "new policy" was adopted by the Bank (e.g., minutes/protocol of relevant meeting).
4. Request for the Chief Internal Auditor's opinion regarding validity and legality of the "new policy".
In the August 25, 2012 Complaint, filed with Bank of Israel, the Undersigned claims that the establishment of such "new policy" by the Bank amounts to extortion and organized, corporate, white-collar crime.
Therefore, the Undersigned requests that the Chief Internal Auditor also provide his opinion regarding validity of the manner in which the undated "new policy" was adopted by the Bank, and legality of the undated "new policy" itself.

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Published by: SELA - Human Rights Alert - Israel on Nov 16, 2012
Copyright:Attribution Non-commercial

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12/04/2012

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TO:
Mr Jacob Orbach, Chief Internal Auditor, Member of the Board of Management
BANK HAPOALIM, BM, Israel
Email:
 
< jacob.orbach@mailpoalim.co.il>
;
Fax:
 
03-607-3101, 03-567-3764;
CC:
Mr Stanley Fischer, Governor
 BANK OF ISRAEL
Email:
 
Ms Miriam Segal, Bank of Israel-Banking Regulation<miriam.segal@boi.org.il>, Fax: 02-666-9077
RE: FATCA-related on-going extortionist conduct by Bank HaPoalim, BM– request for Bank records
Your letter, dated November 4, 2012, Ref: 1-6098055244My letters of September 5, 12, 14, 2012
[
i
]
 
RESPONSE WITHIN 14 DAYS IS KINDLY REQUESTEDTO MR JACOB ORBACH, Chief Internal Auditor, and Member of the Board of Management, Bank HaPoalim, BM:
The Undersigned thanks Chief Internal Auditor Orbach for the November 4, 2012 response byBank HaPoalim, BM, ("the Bank") and the appended customer agreements, referenced aboveand linked below.The Bank's response, while helpful, raises serious concerns:
1.
 
Repeat request for valid legal communications by the Bank
The signers of the Bank's November 4, 2012 letter, referenced above, Ella Gutman andDavid Zagan, were not identified by their authority in Bank HaPoalim, BM, regardless of repeated requests for valid signatures on communications of legal nature by the Bank.Individuals, who issue false and deliberately misleading records of legal nature on behalf of financial institutions, unsigned, or signed with no authority and/or qualifications, havecome to be known in recent years as "Robo-signers". Such conduct has been recognizedas central to the criminality that underlies the current financial crisis in the United States.
Therefore, the Undersigned again asks that legal communications on behalf of theBank be signed by authorized officers of the Bank, identified as such.2.
 
Repeat request for single-sum statements of the interest gained in each of theUndersigned's accounts in the calendar year 2011.
Contrary to what is stated in the Bank's November 4, 2012 letter, referenced above, theUndersigned has not received to this date from the Bank single-sun statements of theinterest gained in 2011 in each of the Undersigned's accounts, as required by United StatesIRS regulations, which the Bank fabricates enforcement of.The Bank' branch produced to the Undersigned a 17-page document, covering only someof the accounts. Such document is invalid and of no use for the purpose of United StatesIRS filing. Absent valid reporting by the Bank to the account holder, there is no way thatthe account holder could comply with the Bank's demands, relative to filing United StatesIRS returns.For the Bank's convenience, enclosed is a sample of United States IRS Form 1099-Int(2012). The Bank is required to issue such statement for each account, providing a single-sum (Box 1) for the interest gained in the respective account during the statement period.
 
Therefore, the Bank is again asked to provide single-sum statements of the interestgained in each of the Undersigned's accounts (both NIS and other currencies), fromJanuary 1, 2011 to December 31, 2011.3.
 
Request for a copy of the Bank's undated FATCA-related "new policy"
Review of the Bank's November 4, 2012 response, the customer agreements, and theBank's unsigned June 27, 2012 FATCA Demand Letter shows that the legal fabrication inthis case is based on the claim of existence of an undated FATCA-related "new policy" of the Bank.
Therefore, the Undersigned requests a valid copy of the Bank's record, which is theBank's undated FATCA-related "new policy", referenced in the Bank's June 27,2012 FATCA Demand Letter, and valid records of the manner in which the "newpolicy" was adopted by the Bank (e.g., minutes/protocol of relevant meeting).4.
 
Request for the Chief Internal Auditor's opinion regarding validity and legality of the"new policy".
In the August 25, 2012 Complaint, filed with Bank of Israel, the Undersigned claims thatthe establishment of such "new policy" by the Bank amounts to extortion and organized,corporate, white-collar crime.
Therefore, the Undersigned requests that the Chief Internal Auditor also provide hisopinion regarding validity of the manner in which the undated "new policy" wasadopted by the Bank, and legality of the undated "new policy" itself 
.Jerusalem, November 16, 2012,_________________Joseph Zernik, PhD
ATTACHED:
1.
 
United States Internal Revenue Service, Form 1099-Int
LINKS:
i
 
[1] 12-08-25 Dr Zernik's complaint, filed with Israeli banking regulation against Bank HaPoalim - forattempting to extort compliance with US IRS regulations in Jerusalemhttp://www.scribd.com/doc/103922991/  [2] 12-09-05 Addendum to Complaint, filed with Bank of Israel against Bank HaPoalim, and aDemand, filed with Bank HaPoalim, for a Written Statement of Interest Gained in Client's Accounts in2011http://www.scribd.com/doc/104993753/  [3] 12-09-12 Dr Zernik's Notice and Demand for the issuance of valid banking/legal communication byBANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates of their demands and threats againstDr Joseph Zernik, and for response within 10 days, with fax transmission reporthttp://www.scribd.com/doc/105706636/  [4] 12-09-13 More Evidence of Fraud and Extortion by BANK HAPOALIM, BM, Israel, Subsidiariesand or Affiliateshttp://www.scribd.com/doc/105825087/  [5] 12-09-14 Demand for Action by Bank HaPoalim, BM, Chief Internal Auditor Jacob Orbach, re:FATCA related extortionist conduct by the Bankhttp://www.scribd.com/doc/113463251/  
[6]
12-11-04 Bank HaPoalim, BM, response re: FACTCA demands and threats with Appendices A.Demand and threat letter, B. customer agreementhttp://www.scribd.com/doc/113460859/  

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