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Human Rights Alert (NGO)

Joseph Zernik, PhD


PO Box 31440, Jerusalem 91313, Israel; josephzernik@humanrightsalertngo.org ;

"
91313 3144 "

12-10-23 Zernik v Fischer (7650/12) in the Supreme Court of the State of


Israel Petition to compel Governor of Bank of Israel to perform his
duties and register and complaint against Bank HaPoalim, BM, for
conduct alleged as organized white-collar crimes.
Notice: Most of the original Appendices, at the end of the Hebrew Petition are in
English
#

Record

Page #

Zernik v Fischer (7650/12) [Abbreviated English translation - jz]

Zernik v Fischer (7650/12) [Hebrew original with appendices]

LINKS:
[1] 12-10-15 Human Right Alert, Appendix V to Submission; 2013 UPR of the State of Israel "Integrity, or lack thereof, in the electronic records of the Bank of Israel-Banking Regulation
Consumer Complaint procedures"
https://docs.google.com/file/d/0B8Aa2xQGbmk5b2FqQ2k3MVRwUWs/edit

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In the Supreme Court of Israel Sitting as High Court of Justice


Dr Joseph Zernik
Petitioner
V
Governor of the Bank of Israel Stanley Fischer
Respondent
Petition for a Conditional Order
The Honorable Court is hereby asked to enter a Conditional Order on the Respondent, Governor
of the Bank of Israel Stanley Fischer, to come and explain: Why the Petitioner shall not
instruct Bank of Israel-Banking Regulation to immediately register and duly review the
Petitioner's August 25, 2012 Complaint?
I.
1.
2.
II.
3.

4.

III.

Introduction and Request for Lenience by a Pro Se Filer


Petitioner Dr Joseph Zernik is not an attorney and is not represented
The Appendices filed with instant Complaint are integral part of it.
The Parties
Petitioner, Dr Joseph Zernik, is not an attorney and is not represented in this
matter. The Petitioner has published in recent years studies in scholarly journals
in computer science and criminology and presented in international academic
conferences in these fields. Some of his studies detail large-scale fraud by banks
and banking regulators in the United States under the color of simulated legality,
as a central factor in the current socio-economic crisis there.
Respondent, Governor of the Bank of Israel Stanley Fischer, has served as
Governor of the Bank of Israel since 2005. According to various publications in
2010 he was named by EuroMoney "Central Bank Governor of the Year"; from
2002-5 he served as Deputy Chair at Citigroup, from 1994-2001 in a senior
position in the International Monetary Fund; prior to that, in from 1988-2001 in
a senior position in the World Bank.
Evidentiary Pleading

A. The Petitioner's Complaint, pertaining to demands and threats against the Petitioner
and others by Bank HaPoalim, BM, and others under the color of simulated legality, was
filed and received by Bank of Israel-Banking Regulation, first on August 25, 2012, and
again on August 26, 2012.
5. On August 25, 2012, the Petitioner filed with Bank of Israel-Banking Regulation a complaint
against Bank HaPoalim, BM ["The Complaint"]

B. Demands and threats by Bank HaPoalim, BM, under the color of simulated legality,
continue to this date.

C. Refusal of the Respondent, Governor Stanley Fischer and/or Bank of Israel-Banking


Regulation to register and duly review the Petitioner's August 25, 2012 Complaint against
Bank HaPoalim, BM, continues to this date.

IV.

Legal Pleading

The Petitioner alleges, that the matter at the foundation of instant Petition
is blatantly unlawful conduct of executives at Bank HaPoalim, BM, and/or
affiliates against the Petitioner and other "United States Persons" in the
State of Israel. Such conduct by Bank HaPoalim, BM, and/or affiliates
shows the characteristics of organized white-collar crime. Such conduct
commenced prior to the filing of the Petitioner's Complaint, and continues
to this date with full knowledge and patronizing by Bank of Israel-Banking
Regulation. The ongoing refusal by the Respondent and Bank of IsraelBanking Regulation to register the Petitioner's Complaint against Bank
HaPoalim, BM, is integral to this state of affairs.
24. The Petitioner alleges that conduct of Bank HaPoalim, BM, which is the subject of
the August 25, 2012 Complaint, is blatantly unlawful, and shows the characteristics of
organized white-collar crime among the top management of Bank HaPoalim, BM.
Moreover, the Petitioner alleges that Bank of Israel-Banking Regulation was fully aware
of the unlawful nature of the conduct of the management of Bank HaPoalim, BM, in this
matter, even before the Petitioner filed his August 25, 2012 Complaint Through his
continuing refusal to register and review the Petitioner's Complaint, Respondent Stanley
Fischer and Bank of Israel-Banking Regulation continue to patronize simulated
lawfulness, to aid and abet the conduct of Bank HaPoalim.
25. The Petitioner alleges Conduct of the Respondent should be deemed Fraud,
Deceit, or large-scale public deception.
26. The Petitioner alleges that the state of affairs
a. Undermines the sovereignty of the State of Israel. conduct of the Respondent
should be deemed replacement of his loyalty to the State of Israel and its laws to the
laws of another nation and/or the interests of a financial corporation.
b. Undermines the rule of law in the State of Israel. conduct of the Respondent should
be deemed misprision of felonies, and abuse of his office.
27. The Petitioner alleges that conduct of Respondent abused, abuses, and is likely to
abuse again the fundamental rights of many residents of the State of Israel, who are
"United States Persons".
28. The Petitioner alleges that conduct of the Respondent and Bank HaPoalim, BM,
presents basic failure of banking regulation in the State of Israel, at the time that some
other nations suffer under socio-economic crises that originated in similar conduct by
banks and banking regulation of such nations. Therefore, conduct of the Respondent
places the stability of the economy of the State of Israel and the welfare of its people at
risk
V.
The appropriate remedy in the case at hand is immediate response by the
Respondent.
29. Therefore, Petitioner claims that the appropriate remedy in the case at hand is
immediate response by the Respondent: Why the Petitioner shall not instruct
Bank of Israel-Banking Regulation to immediately register and duly review

the Petitioner's August 25, 2012 Complaint?


VI.

Summary

30. The Petitioner claims that conduct of the Respondent, described above, abuses the
fundamental rights of the Petitioner and numerous other residents of the State of Israel,
undermines the foundation of sovereignty of the State of Israel and the rule of law in it.
The remedy asked by the Petitioner is only a preliminary step, and following response by
the Respondent, the Court should make the Conditional Order absolute.
VII.

List of Appendices

31. Following is the list of Appendices that were filed as integral to instant Petition:
a. October 21, 2012 Screen print of the opening page of Bank of Israel-Banking
Regulation, Public Communications Unit, online site.
b. August 25, 2012 Dr Joseph Zernik's Complaint, filed with Bank of Israel-Banking
Regulation; August 25, 2012 automatic confirmation of fax transmission; August 26,
2012 Ms Miriam Segal, Public Communications Unit, Bank of Israel-Banking
Regulation manual confirmation of receipt of email.
c. September 5, 2012 Dr Joseph Zernik's Appendix to Complaint, filed with Bank of
Israel-Banking Regulation, pertaining to Bank HaPoalim's ongoing refusal to issue
statement of interest gained on an annual basis.
d. September 5, 2012 Bank HaPoalim, BM, letter of demands and threats sent to Dr
Joseph Zernik by electronic mail.
e. September 12, 2012 Dr Joseph Zernik's letter to Bank of Israel Governor Stanley
Fischer and to the Public Communications Unit, Bank of Israel-Banking Regulation,
pertaining to Bank HaPoalim's ongoing refusal to provide its demands and threats as
valid legal records.
f. October 2, 2012 Joseph Zernik's letter to Bank of Israel Governor Stanley Fischer
and to the Public Communications Unit, Bank of Israel-Banking Regulation,
pertaining to Bank of Israel's refusal to issue a Complaint Number.
g. October 14, 2012 Joseph Zernik's letter to Bank of Israel Governor Stanley Fischer
and to the Public Communications Unit, Bank of Israel-Banking Regulation,
pertaining to Bank of Israel's refusal to issue a Complaint Number.

Declaration
I, the undersigned, Dr Joseph Zernik, herein declare under penalties prescribed by law:
1. I am the Petitioner..,
2. To the best of my knowledge, all facts outlined in the Evidentiary Pleading are
true and correct, and the content of the rest of the Petition is true to the best of
my knowledge and understanding.
3. Appendices a-g are true and correct original records in my possession.


"


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>From: FreeFax Support <Support@freefax.co.il


Date: Sat, Aug 25, 2012 at 5:08 AM
026669077 )Subject: 12-08025 Complaint v Bank 12-08-25
HaPoalim). - facsimile to 026669077 completed successfully.
To: 123456xyz@gmail.com
026669077 .
Complaint v Bank HaPoalim 12-08025 :
25-08-2012 : 06:08
2 :
:.
Bank Of Israel :
unknown :
:
Fax ID : 4101466
PDF .

026669077-1.pdf
25K

From: <miriam.segal@boi.org.il>
Date: Sun, Aug 26, 2012 at 8:41 AM
Subject: Read: Complaint against Bank HaPoalim for attempting to extort compliance
with IRS regulations in Jerusalem
To: 123456xyz@gmail.com
Your message
To:
Subject: Complaint against Bank HaPoalim for attempting to extort compliance with
IRS regulations in Jerusalem
Sent: Sunday, August 26, 2012 9:27:40 AM (UTC+02:00) Jerusalem
was read on Sunday, August 26, 2012 9:41:12 AM (UTC+02:00) Jerusalem.
***********************************************************************************
? -
please consider the environment - do you really need to print this email ?!
***********************************************************************************

COMPLAINT FORM
Public Communications Unit, Bank of Israel, Banking Regulation
Tel: 1212-200680
Fax: 02-6669077

Signing,
Certification - no
changes allowed;
Digitally signed by
Joseph Zernik, PhD
Location:
Jerusalem
Date: 2012.08.25
05:22:31 +0300

Submitted as an attachment to the online Complaint form, and by fax.


URGENT: Action by Bank HaPoalim against my account may be initiated on September 1, 2012.
1.
2.
3.
4.
5.
6.

Customer Name:
Contact Information:
Email:
Financial Institution, subject of the Complaint:
Bank Code:
Branch Number:

Dr Joseph Zernik
PO Box 31440, Jerusalem 91313
123456xyz@gmail.com
Bank Hapoalim, LTD
12
694

7. Details of the Complaint:


I am a German, Israeli, and US citizen.
In April 2010, I came to Israel after many years in the United States.
By 2011, I established my residency in Israel and opened my account with Bank HaPoalim. I signed the
agreement as a resident of the State of Israel, under my Israeli Tax/ID number. To the best of my
recollection, the customer agreement, which I signed at that time was in Hebrew, with an Israeli banking
institution, name Bank HaPoalim, LTD.
Over the past 2 years, I hardly visited the bank and hardly made any transactions beyond periodic cash
withdrawals.
On Thursday, August 23, 2012, I visited my branch, and met with a representative from the Private
Banking Department. The representative presented for my signature (attached):
a) Bank HaPoalim, LTD, papers, including an unsigned demand letter by Bank HaPoalim, LTD, and
papers titled "US Person Undertaking and Waiver," (in both Hebrew and English) and
b) US IRS Form W-9.
The paper in a) above, includes, but is not limited to requirements that I "pay any US federal income tax
due with respect to income derived from all accounts", which I hold or will hold with the Bank, and
"provide the Bank, upon request, with copies of the applicable Schedule B of IRS Form 1040 ("Individual
Income Tax Return").
I protested, and asked under what law I was asked to sign such papers. The representative answered that it
was pursuant to some international treaty. Eventually, the Branch Assistant Manager was consulted, and
it was agreed that the request was made under US law the Foreign Account Tax Compliance Act
(FATCA ). I again protested, saying that as a resident of Jerusalem, banking with an Israeli bank, I was
not subject to US jurisdiction. The Assistant Manager explained that Bank HaPoalim, LTD, was a US
corporation, and it therefore devised its own procedures in order to comply with US law. I again protested
that it was unlawful conduct by the bank.
The Branch staff advised me that if I did not sign the papers, my account would be frozen, and I may not
have access to my own funds. However, they remained unclear regarding the date by which such action
would take place September 1, 2012, or January 1, 2013.

Page 2/2

August 25, 2012

8. Actions taken so far towards resolving the issue:


Following advice by the Private Banking Branch staff, we did the following:
a. I immediately issued a request to release some cash, to be executed on August 26, in case my account
is blocked on September 1, 2012.
b. I left a written letter to the Bank management with my Private Banking representative, asking whether
my account will indeed be frozen, either on September 1, 2012, or January 1, 2013.
9. Are there any legal procedures in process in this matter before any other agency:
None
10. Any specific request:
I request that the Banking Regulation Unit of Israel Bank would urgently:
a. Protect me against unlawful actions by Bank HaPoalim, LTD, against my account, and ensure that I
am provided full access to my lawful property funds deposited in Bank HaPoalim in accounts under
my name.
b. Protect me against threats by Bank HaPoalim, LTD, to unlawfully block or effectively seize my
funds.
Jerusalem, August 25, 2012
__________________
Joseph Zernik, PhD

DATE: September 5, 2012


FROM: Joseph Zernik
TO:
Ms Shari Arison; Mr Tzion Keynan, CEO; Mr Yair Sarusi, Chairman of the
Board - Bank HaPoalim, LTD, Israel
VIA:
Mr Shalom Barashi <shalom.barashi@mailpoalim.co.il>, Ms Maya Shulyatsky
<maya.shulyatsky@mailpoalim.co.il>
CC:
Ms Miriam Segal, Bank of Israel-Banking Regulation

RE: Ongoing Extortionist conduct by Bank HaPoalim


I am in receipt of the message by Bank HaPoalim, dated September 5, 2012, copied below.
1) Complaint filed with Bank of Israel against Bank HaPoalim, alleging extortion
There is no basis in the law of the State of Israel for Bank HaPoalim's demands, reiterated in Bank
HaPoalim's message, copied below. The claims by Bank HaPoalim in the message below are pure
fabrication.
The matter, is currently the subject of a Complaint, filed with Bank of Israel-Banking Regulation
against Bank HaPoalim. The complaint claims that such conduct amounts to extortion by a
banking institution against a client - a serious crime.
Bank of Israel informed me that Bank HaPoalim was required to respond on the Complaint to Bank
of Israel within 21 days. Moreover, Bank of Israel informed me that a Commission was appointed
to investigate the matter.
I will wait for the response by Bank HaPoalim to Bank of Israel on the Complaint, and for the
determination on the Complaint by Bank of Israel-Banking Regulation.
2) Addendum to Complaint, filed with Bank of Israel-Banking Regulation, and Demand, filed
with Bank HaPoalim, for a clear written statement regarding interest gained in my accounts
in 2011.
Separately, I filed last night a demand with Bank HaPoalim to provide me a clear written statement
of the total interest gained in my accounts in 2011. The same letter was also filed with Bank of
Israel as an Addendum to the Complaint, referenced above.
The basis for the Addendum is the refusal of Bank HaPoalim to provide me such statement. The
Addendum claims that the refusal to provide such statement is a serious violation of Banking
Regulation, as a separate issue for the alleged extortion, noted in the Complaint.
I hope that by the time I return to Israel, around the end of September-early October, this matter
will be sorted out by Bank of Israel-Banking Regulation.
Truly,
Joseph Zernik, PhD

DATE: September 5, 2012


TO: Ms Shari Arison; Mr Tzion Keynan, CEO; Mr Yair Sarusi, Chairman of the
Board
VIA: Mr Shalom Barashi shalom.barashi@mailpoalim.co.il
FROM: Joseph Zernik, PO Box 31440, Jerusalem 91313,
Email: 123456xyz@gmail.com

CC:

Ms Miriam Segal, Bank of Israel

Your immediate attention to this matter is kindly requested, your response is


kindly requested, no longer than 10 days from this date.
RE: Demand for immediately providing me a definitive written record, listing any
and all interest gained on my accounts during the tax year 2011.
Please accept instant request for the immediate issuance of a written record of interest
gained on my accounts, held with Bank HaPoalim, LTD, Israel, during the tax year
2011.
During my last visit to the Bank (Branch 694, Beit HaKerem, Jerusalem), officers of the
Bank purported that HaPoalim, LTD, Israel, with whom I hold my accounts, is a United
States Corporation, and therefore, was required to enforce United States IRS
Regulations on its clients within the State of Israel. Needless to say, such claim was a
pure fabrication, without any foundation in the law of the State of Israel. It also has no
foundation even in the law of the United States. United States banks are not required to
enforce the filing of United States Form 1040 by their clients.
On the other hand, United States banks are required by United States law to provide
their clients with United States IRS Form 1099-INT at the end of the tax year. The
United States IRS Form 1099-INT lists all interest income gained by the client during
the previous tax year. The banks Form 1099-INT, is the basis for the clients filing of
United States IRS Form 1040 Schedule B, relative to interest income.
Therefore, to the degree that Bank HaPoalim, LTD, Israel, purports to be a United
States Corporation, bound by United State law in the State of Israel, the Bank is in
violation of United States law, for failing to provide me, the client, within the time,
prescribed by United State law, the data, necessary for the filing of IRS Form 1040.
Moreover, during my most recent visit to the Bank, I requested the same Bank officer to
provide me a written record, listing any interest income gained in my accounts, held by
the Bank, during the tax year 2011. The same Bank officer, refused to provide me with
such written record. The officer claimed that Bank HaPoalim, LTD, Israel, prohibited
the bank employees from providing the clients such information in a written record.
She was only willing to vaguely read such information to me from her terminal screen.
Therefore, I demand that the Bank immediately provide me with a written record, listing
all interest gained on my accounts during the tax year 2011.
Your immediate attention to this matter is kindly requested.

Subject:
----------------------->From: <maya.shulyatsky@mailpoalim.co.il
Date: 2012/9/5
To: 123456XYZ@gmail.com
Cc: david.luzon@mailpoalim.co.il, drora.bregman@mailpoalim.co.il,
maya.amzallag@mailpoalim.co.il, mordechai.assouline@mailpoalim.co.il,
efrat.dahan@mailpoalim.co.il
"




02-6465216
----- BNHP/IL/694/957/12/5/ ----- 13:09 05/09/2012

:
:

BNHP/IL/694/957/12/5/
XYZ@GMAIL.COM123456

,BNHP/IL@BNHP/901/90/001/ ,BNHP/IL@BNHP/957/12/5/
:
,BNHP@BNHP/IL/694/957/12/5/ ,BNHP@BNHP/IL/694/957/12/5/ BNHP/IL@BNHP/694/957/12/5/
:

18:16 27/08/2012

"

" FATCA-
FORM W9 )(IRS .
", FORM W-9
" ."U.S.PERSON
.
,
.
.





02-6465216

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They contain information that may be privileged and protected by law.
Duplication or distribution of this information in any manner is prohibited by
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From: JZ <123456xyz@gmail.com>
Date: Wed, Sep 12, 2012 at 3:55 PM
Subject: Dr Zernik's Notice and Demand for the issuance of valid banking/legal
communication by BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates of
their demands and threats against Dr Joseph Zernik, and for response within 10
days.
To: Mr Shalom Barashi <shalom.barashi@mailpoalim.co.il>, Ms Maya Shulyatsky
<maya.shulyatsky@mailpoalim.co.il>, david.luzon@mailpoalim.co.il,
drora.bregman@mailpoalim.co.il, maya.amzallag@mailpoalim.co.il,
mordechai.assouline@mailpoalim.co.il, efrat.dahan@mailpoalim.co.il
Cc: miriam.segal@boi.org.il

TO THE RECIPIENTS, NAMED BELOW, please take notice of the attached record:
Undersigned, Dr Joseph Zerniks Demand for the issuance of valid banking/legal
communication by BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates of
their demands and threats against Dr Joseph Zernik, and for response within 10
days.
___________________________
TO: Ms Shari Arison, Owner
ARISON HOLDINGS, BM, Israel
VIA: The recipients named below, and by fax: 03-607-3101;
TO: Mr Tzion Kenan, CEO; Mr Yair Seroussi, Chairman of the Board
BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates
VIA:
Mr Shalom Barashi <shalom.barashi@mailpoalim.co.il>, Ms Maya
Shulyatsky <maya.shulyatsky@mailpoalim.co.il>,
/BNHP/IL@BNHP, 957/12/5/ /BNHP/IL@BNHP, 901/90/001/
/BNHP/IL@BNHP, 694/957/12/5/ /BNHP/IL@BNHP, 694/957/12/5/
/BNHP/IL@BNHP, and by fax: 03-567-3500694/957/12/5/
CC: Mr Stanley Fisher, Governor
BANK OF ISRAEL
VIA:
Ms Miriam Segal, Bank of Israel-Banking Regulation:
<miriam.segal@boi.org.il>, and by fax: 02-666-9077
Notice and Demand for the issuance of valid banking/legal communication by
BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates of their demands
and threats against Dr Joseph Zernik, and for response within 10 days.

TO:

Ms Shari Arison, Owner


ARISON HOLDINGS, BM, Israel
VIA: The recipients named below, and by fax: 03-607-3101;
TO:

Mr Tzion Keynan, CEO; Mr Yair Seroussi, Chairman of the Board


BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates
VIA: Mr Shalom Barashi <shalom.barashi@mailpoalim.co.il>, Ms Maya Shulyatsky
<maya.shulyatsky@mailpoalim.co.il>, 901/90/001/ /BNHP/IL@BNHP,
957/12/5/ /BNHP/IL@BNHP, 694/957/12/5/
/BNHP/IL@BNHP, 694/957/12/5/ /BNHP/IL@BNHP, /
694/957/12/5/BNHP/IL@BNHP, and by fax: 03-567-3500
CC:

Mr Stanley Fisher, Governor


BANK OF ISRAEL
VIA: Ms Miriam Segal, Bank of Israel-Banking Regulation: <miriam.segal@boi.org.il>,
and by fax: 02-666-9077

Notice and Demand for the issuance of valid banking/legal


communication by BANK HAPOALIM, BM, Israel, its subsidiaries
and/or affiliates of their demands and threats against Dr Joseph
Zernik, and for response within 10 days.
TO THE RECIPIENTS, NAMED ABOVE, please take notice of the Undersigned, Dr
Joseph Zerniks Demand for the issuance of valid banking/legal communication by BANK
HAPOALIM, BM, Israel, its subsidiaries and/or affiliates of their demands and threats
against Dr Joseph Zernik, and for response within 10 days.
1.

Reasons for Dr Zerniks Demands on BANK HAPOALIM, BM, Israel, its


subsidiaries and/or affiliates

a.

A series of demands and threats against the Undersigned were issued by BANK
HAPOALIM, BM, Israel, its subsidiaries and/or affiliates through vague and
ambiguous corporate entities and through invalid banking/legal records.

Demands and threat have been repeatedly issued by BANK HAPOALIM, BM, Israel, its
subsidiaries and/or affiliates against the Undersigned, which are summarized as follows:

Demands that the Undersigned immediately sign:


i. US W-9 Form, pursuant to US IRS Regulations,
ii. A paper of unknown author, titled US Person Undertaking and Waiver, which
in part says:
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


Banks 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.

Threats - if the Undersigned does not comply with demands, listed above, than the
Undersigneds accounts, held in custody of as BANK HAPOALIM, BM, Israel:
Version 1) Will be seized on September 1, 2012, or
Version 2) Will be blocked from any further transactions by the Undersigned on
September 1, 2012, but the Undersigned will be permitted to withdraw
his funds.

The demands and threats, outlined above, were repeatedly communicated by staff/officers
of BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates:
Verbally in two branches - one in Jerusalem and the other in Tel Aviv;
By hand, in writing - while pressing for the Undersigneds signature (which he
refused);
By mail through Israel Post, and
By electronic mail
b.

The manner, in which the demands and threats were communicated, raises
concern that BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates are
engaged in extortion through the issuance of fraudulent, simulated banking/legal
records.

The August 25, 2012 Consumer Complaint (No - to be designated) against BANK
HAPOALIM, BM, Israel, filed by the Undersigned with BANK OF ISRAEL noted that
such demands and threats had no legal foundation in the law of the State of Israel and
alleges that such conduct amounts to extortion a serious crime.
The August 25, 2012 Consumer Complaint also noted that the demands and threats had
been issued in written communications, which failed to name the issuer(s) and their
authority, or be signed by any named individual.
Later, on September 5, 2012, an electronic mail was received by the Undersigned, where
the issuer is identified by name, Maya Shulyatsky, and by purported authority,
Investment Consultant. The September 5, 2012 Email communication is also notable for
the list of individuals, affiliated with BNHP, who are copied on it.
However, on its face the September 5, 2012 Email communication is an invalid
banking/legal record as well, since:
i. It fails to be signed in any recognizable legal valid manner, pursuant to the law of
the State of Israel.
ii. It fails to state the corporate entity, on whose behalf it was issued - verbally, the
same individual, who issued the electronic mail, had stated that her conduct was on
behalf of an unidentified United States corporation.
iii. It is doubted that an Investment Consultant is a corporate officer, who is
authorized by BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates, or
competent to issue such banking/legal communications.
Therefore, on its face review of the records provided in this matter to this date by BANK
HAPOALIM, BM, Israel, its subsidiaries and/or affiliates raises concerns such corporate
entities are engaged in extortion through the issuance of fraudulent, simulated
banking/legal communications.
Regardless, BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates appear
ready, willing, able to proceed and materialize their unlawful threats.
c.

Similar conduct by US financial institutions is recognized as one of the core causes


of the current banking/legal crime pandemic. Therefore, concern is raised that
BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates have imported
such criminal practices to the State of Israel.

The issuance of fraudulent, simulated banking/legal records, and the conduct of fraudulent,
simulated litigation of banking matters in the courts, based on such inadmissible,
fraudulent records, are by now recognized as central to the current banking/legal crime
pandemic.
A legal expert opined in a Reuters report regarding conditions in the United States today:
it's difficult to find a fraud of this size on the U.S. court system in U.S. history I can't think
of one where you have literally tens of thousands of fraudulent documents filed in tens of
thousands of cases.

Moreover, a staff/officer of BANK HAPOALIM, BM, Israel, its subsidiaries and/or


affiliates previously claimed that the demands and threats against the Undersigned,
outlined above, were issued on behalf of some unidentified United States corporation.
Additionally, the demands and threats are also repeatedly purported to be issued pursuant
to United States law, and no basis in the law of the State of Israel has ever been stated to
this date.
Therefore, concern is raised that BANK HAPOALIM, BM, Israel, its subsidiaries and/or
affiliates have imported criminal practices of United States banks and financial institutions
to the State of Israel.
2.

Demand for valid banking/legal communication of the demands and threats


against the Undersigned by BANK HAPOALIM, BM, Israel, its subsidiaries
and/or affiliates, and for response within 10 days.

Therefore, in order to remove any doubt regarding the intents and the conduct of BANK
HAPOALIM, BM, Israel, its subsidiaries and/or affiliates in this matter, the Undersigned
herein demands that such corporate entities communicate within 10 days their ongoing
threats and demands in a valid legal manner, both on paper and by electronic mail (since
the Undersigned at present stays abroad).
Such valid, banking/legal communication should:
a. Be issued and signed by a named individual (in paper responses bear the original
graphic hand-signature of the issuer, certified by the lawful custodian of records of
the corporate entity, named in c, below; in an email responses - bear a certified
electronic signature of the issuer, pursuant to the Electronic Signature Act (2001)).
b. Clearly state the authority of the signer in the corporate entity, named in c, below,
and
c. Clearly state the corporate entity, on whose behalf the communication is being
issued.
Barcelona, Catalonia, September 12, 2012,

_________________
Joseph Zernik, PhD

12-10-02 Repeat request for designation of a Complaint Number by Bank of Israel,


Banking Regulation
RE: Complaint Number for complaint against Bank HaPoalim, BM
JZ <123456xyz@gmail.com>
Tue, Oct 2, 2012 at 10:17 PM
To: Miriam Segal
Cc: Stanley Fisher
October 1, 2012
Dear Ms Segal:
Thanks for your help by phone today, when I called to inquire regarding the Complaint Number,
designated by Bank of Israel, Banking Regulation, for my complaint against Bank HaPoalim, BM, filed
with Bank of Israel over a month ago.
Since you indicated that office staff was off for the holiday, I will call back next week, as you
suggested.
Beyond my individual case, the issue is of significance for the following reasons:
1) I firmly believe that investigation of the complaint will uncover criminality by senior officer of
Bank HaPoalim, BM, the largest consumer bank in the State of Israel, and
2) Failure, or refusal to issue a complaint number for a complaint that was duly filed and
received by Bank of Israel, raises concerns regarding integrity of banking regulation in the
State of Israel.
Both issues should be of concern at a time, when criminality of financial institutions and failing
banking regulation are the cause of a worldwide financial crisis.
Truly,
Joseph Zernik, PhD

12-10-14 Letter to Mr Stanley Fisher, Governor, Bank of Israel, RE: a) Renewed


extortionist threats by Bank HaPoalim, BM, and b) Refusal of Bank of Israel,
Banking Regulation to designate respective complaint number.
Date: October 14, 2012
To: Mr Stanley Fisher, Governor, Bank of Israel
Via: Email to: Mr Stanley Fisher, Governor; Ms Miriam Segal, Public Communications
[Pnyot HaTzibur], Banking Regulation [HaPikuah al HaBankim]; Fax to: 02-6669077,
From: Joseph Zernik <josephzernik@humanrightsalertngo.org>
RE: Letter to Mr Stanley Fisher, Governor, Bank of Israel, RE: a) Renewed
extortionist threats by Bank HaPoalim, BM, and b) Refusal of Bank of
Israel-Banking Regulation to designate respective complaint number.
Dear Governor Fisher:
I am writing regarding the following two issues, related to the Complaint, which I duly
filed and which was confirmed received by Bank of Israel-Banking Regulation, on
August 25, 2012, (linked below):
a) Renewed extortionist threats by Bank HaPoalim, BM
I visited today one branch of the Bank and from there talked by phone with anther, in
order to figure out the status of my accounts, held in custody by the Bank. In both cases,
I spoke with "Private Banking" clerks.
I was reassured that I was still free to access my accounts. I was told that the reason that
the threats, previously articulated by the Bank, had not been executed by September 1,
2012, as promised, was related to the High Holidays, or some other delay. I was
reassured that the threats would be materialized, although the effective date remained
unclear, possibly January 1, 2013.
All three of us agreed that the matter was well above the heads of the participants.
However, I pointed out my distinction: In late August, 2012, I was informed by Banking
Regulation, Bank of Israel, that I was the first consumer, from whom a formal
Complaint against the Bank had been received on the matter. One of the participants
expressed surprise, since there was a large number of "US Persons", who were
customers of the Bank, and refused to submit to the demands and threats. Then, the
speculation was raised that most of these "US Persons" were not going to file a formal
Complaint, for fear of being exposed.
I was further told, that nothing could be done the change the course of events in this
matter. Practically, all international financial transactions from Israel were cleared
through US services, and the US government was threatening to block access to Israeli
banks that would not comply with US demands in this matter.
Therefore, I was advised that I would better submit to the demands, since moving my
money to any other bank in the State of Israel would be of no help, either.
b) Refusal of Bank of Israel, Banking Regulation to designate respective
complaint number.

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Today, I also called again Pnyot HaTzibur [Public Communications jz] at Banking
Regulation [HaPiku'ah al HaBankim jz] to inquire regarding the designation of
Complaint number for my complaint against the Bank in this matter, which was duly
filed with Bank of Israel-Banking Regulation and confirmed received on August 25,
2012.
Today, I was helped by phone by Ms Hedvah. She searched the Bank of Israel
Consumer Complaints database, while I was on the phone, but could not find any record
of my Complaint.
Ms Hedvah asked for my phone number, in order to call back, after additional review of
this matter. I informed Ms Hedvah that I would follow up in writing, as I am doing, and
that in such matters, I also expect the response by Bank of Israel-Banking Regulation to
be in writing.
Events of the day highlight the three fundamental issues at hand:
a) Brazen conduct by the Bank, which should be deemed as a pattern of Extortion
through corporate White-collar Crime;
b) Sovereignty, or lack thereof, of the State of Israel, in general, and Bank of IsraelBanking Regulation, in particular, vis-a-vis their United States counterparts;
c) Integrity, or lack thereof, in Bank of Israel-Banking Regulation Consumer
Complaints fax and online electronic submission procedures, in particular, and
Consumer Complaints procedure in general, and.
For all the reasons, listed above, I hope and expect that Bank of Israel-Banking
Regulation would respond in writing and provide the number, designated for the August
25, 2012 Complaint; alternatively - explain the reasons that prevent the designation of
such number.
Truly,
Joseph Zernik, PhD
PO Box 31440
Jerusalem 91313
LINKS:
[1] 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://he.scribd.com/doc/103925800/
[2] 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://he.scribd.com/doc/103922991/
[3] 12-08-27 NOTICE TO CEASE AND DESIST EXTORTION AND TO MITIGATE HARMS given to Ms
Shari Arison, Mr Tzion Kenan, Mr Yair Serroussi - Bank HaPoalim
http://he.scribd.com/doc/104026663/
[4] 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://he.scribd.com/doc/104993753/
[5] 12-09-05 Correspondence With Bank HaPoalim, In Re: Ongoing Extortionist Conduct by Bank
HaPoalim, LTD, Israel
http://he.scribd.com/doc/104995723/

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[6] 12-09-07 Request for Bank of Israels designated Complaint Number, Complaint Date
http://he.scribd.com/doc/105228127/
[7] 12-09-10 Request for Response by Bank of Israel Governor Stanley Fisher in re: Consumer Complaint
against Bank HaPoalim, LTD, Israel
http://he.scribd.com/doc/105495170/
[8] 12-10-01 Repeat Request for Designation of a Complaint Number by Bank of Israel, Banking
Regulation, for a complaint against Bank HaPoalim, BM
http://he.scribd.com/doc/108760537/
[9] 12-10-03 PRESS RELEASE: Israeli banking regulators fail to initiate complaint procedure against
Bank HaPoalim, BM, for alleged criminality
http://he.scribd.com/doc/108820346/

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josephzernik@humanrightsalertngo.org
_____________

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