LINKS:  12-08-25 Dr Zernik's Complaint #1, filed with Israeli banking regulation against Bank HaPoalim - for attempting to extort compliance with US IRS regulations in Jerusalemhttp://es.scribd.com/doc/103922991/ 13-01-04 FATCA-related Consumer Complaint No 2 against Bank HaPoalim, BM, and its Chief Internal Auditor Jacob Orbach, filed with Bank of Israel-Banking Regulationhttp://www.scribd.com/doc/118926904/ 13-01-24 Complaint No 3 Against Bank HaPoalim, filed with Bank of Israel, alleging organized corporate crimehttp://www.scribd.com/doc/122010443/  13-01-08 Freedom of Information on Bank of Israel, in re complaints filed with Bank of Israel by Dr Joseph Zernik against Bank HaPoalim, BMhttp://www.scribd.com/doc/119446776/  12-12-27 PRESS RELEASE – FATCA, Stanley Fischer, and "Chief Clerk" Sarah Lifschitz in the High Court of Justice of the State of Israelhttp://www.scribd.com/doc/118152545/ EXCERPT FROM COMPLAINT NO 3 Recent Chronology i. The undersigned, Dr Joseph Zernik is a German and an Israeli citizen (no longer a US citizen). ii. On January 23, 2013, the undersigned provided Bank HaPoalim, BM, notice of intent to withdraw on January 24, 2013, cash from his funds, held by Bank HaPoalim in deposit accounts (copy enclosed below). The notice also requested that the Bank inform the undersigned in advance in case he would not be permitted to withdraw his own money.iii. On January 23, 2013, receipt of the undersigned notice was confirmed by the following Bank employees: Efrat Dahan, Mordechai Assouline (Deputy Branch Manager),Drora Bregman, Maya Amzallag (Branch Manager), Maya Shulyatsky, Shalom Barashi.
iv. On January 24, 2013, in the early evening, the undersigned appeared in the Beit HaKerem Branch and asked to withdraw NIS 20,000 from his deposit accounts. The undersigned was made to wait for a while, and eventually Deputy Branch Manager Mordechai Assouline informed him that the undersigned was not permitted to withdraw any of his own money, held by the Bank.
v. It should be noted that regardless of repeated requests, the Bank refuses to provide any written notice regarding the nature of its current conduct, its legal foundation (if any), and the status of the undersigned's account.
i. Such conduct has no basis in the law of the State of Israel.
ii. Such conduct has no basis in the law of the United States (as falsely claimed by the Bank) – opinion on this matter by a Washington, DC- based attorney, who specializes in FATCA-related matters, is available upon request.
iii. Correspondence with the Bank's Chief Internal Auditor clarifies that the Bank's FATCA-related "new policy" is a fabrication as well – no such record exists. [1-4]
iii. Large-scale banking fraud: The Bank falsely claims to have adopted a FATCA-related "New Policy". The Bank's own response indicates that no such lawfully adopted Bank policy exists. Under such false and deliberately misleading statements, regarding the Bank's FACTA-related "New Policy", the Bank engages in unlawful, harmful conduct.
iv. Entrapment: The Bank extorts filing of United States Internal Revenue (IRS) tax returns by the Bank's "US Persons" customers in Israel, while refusing to provide the same customers the necessary documentation, pursuant to the same IRS Regulations. Conduct of the Bank is likely to trigger IRS audits of such individuals, who submit to the Bank's extortion and cause them additional harm.
v. Refusal of the Bank to report to the customer the total interest gained in his account (no reporting at all was provided for foreign currency accounts, and regarding NIS deposits the Bank refuses to provide a single total sum of interest gained during the calendar year, as required by IRS regulations), stands contrary to any notion of honest banking in the State of Israel.
vi. Undermining the rule of law and publicity of the law in the State of Israel: The Bank falsely claims to have established a secret, unpublished "New Policy". The Bank's customers are left at the whim of the Bank's unlawful conduct, which is arbitrary and capricious. To the degree that Bank HaPoalim, BM, claims to establish and enforce the law of the United States in Jerusalem, the undersigned alleges that Bank HaPoalim, BM, and its Chief Internal Auditor Jacob Orbach are engaged in various violations of the law of the United States, including, but not limited to predicated acts, pursuant to RICO - Racketeer Influenced and Corrupt Organizations Act (18 USC § 1961–1968):i. Fraud
ii. Financial institution fraud
iii. Mail fraud
iv. Wire fraud
v. "…act or threat involving… extortion…"
vi. Acts " relating to extortionate credit transactions"
vii. Acts " relating to tampering with a witness, victim, or an informant"
viii. Acts " relating to retaliating against a witness, victim, or an informant"Given the number of such predicated acts by Bank HaPoalim, BM, and the number of Bank's personnel involved, their conduct should be deemed a pattern of racketeering activity, or organized corporate crime.
Any specific requests:i. The undersigned requests that the Banking Regulation Unit of Bank of Israel immediate take action to restore the undersigned's access to his own deposit accounts, held by the Bank.ii. The undersigned requests that the Banking Regulation Unit of Bank of Israel initiate investigation of the conduct of Mr Jacob Orbach in this matter, relative to alleged violations of his lawful duties and obligations as the Bank's Chief Internal Auditor.iii. The undersigned requests that the Banking Regulation Unit of Bank of Israel accord the undersigned due process through timely written notice to the registration of instant complainant, response by the Bank on the instant complaint, and determination by Bank of Israel on instant complaint.Jerusalem, January 24, 2013 Joseph Zernik, PhDדר' יוסף צרניק LINKED: 13-01-02 Letter to Bank HaPoalim, BM, Chief Internal Auditor Jacob Orbach re: blocking of customer's accounts, failure to produce bank documentshttp://www.scribd.com/doc/118782435/ 12-11-16 Letter to Bank HaPoalim Chief Internal Auditor Jacob Orbach Re: FATCA-related extortionist conduct - request for the Bank's "new policy" shttp://www.scribd.com/doc/113472942/  12-12-02 Reminder on FATCA-related request for Bank HaPoalim records from Chief Internal Auditor Jacob Orbachhttp://www.scribd.com/doc/115295169/ 12-12-25 Bank HaPoalim response re FACTA-related new policy, interest gainedhttp://www.scribd.com/doc/118918634/ ;