Subreption of Compensation for Jews
Bohdan Szewczyk
Press Representative
POLISH EMMIGRATION
8 March 2007
TO:
UNITET STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
KEARNE, CABRANES, and STRAUB Circuit Judges
American Congress
American Senate
Constitutional Tribunal in Poland
European Tribunal of Justice
Office of
the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
Re.: Subreption of Compensation from Poland to American Jews in the amount of
$65billions and Up to $140 billions together from 20 other Eastern European
countries.
UNITET STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
August Term, 2002
(Appeal April 15, 2003 Decided MAR -3 2006)
(Recommended June 14, 2004)
(Submitted September 10, 2004)
Docket No 02-7844
THEO GARB, BELLA J UNGERWIRTH, SAM LEFKOWIRZ,
PETER KOMPENHEIM, JUDACH WELLER, CHANA LEWKOWITCZ,
SAMUEL GOLDIN, KARL DIAMOND HALA SOBOL, SAUL KLAUSNER
And GOLDIE KNOBEL, on behalf on themselves and all others similarly situated,
Plaintiffs – Appellants
-2-
V
REPUBLIC OF POLAND, MINISTRY OF TREASURY OF POLAND
(MINISTERSTWO SKARBU PANSTWA) and JOHN DOES # 1 – 100,
Defendants – Expeellees
Before KEARNE, CABRANES, and STRAUB Circuit Judges
The appeal from the judgment of the United States District Court of Eastern District
Of New York (Edward R.Korman, Chief Judge) comes before us for the second time, see Garb v Republic of Poland, 72 Fed 850 (2nd Cir 2003) (summary Order) following remand from the Supreme Court, see Republic of Poland v Garb, 542 US 901 (2004), for further consideration in light of the Supreme Court Judgment’s in Republic of Austria v Altman, 541 US 677 (2004). On remand, we address whether the Plaintiffs have established at least one statutory exemption to foreign sovereign immunity pursuant to the Foreign Sovereign Immunities Act of 1076 (“FSIA”),28 USC par 1330,1602-1611, such that the courts of United States have jurisdiction to consider their claims. We hold that:
(1) Altmann requests us to apply the FSIA, and its exceptions, to claims based on conduct that
Predates the 1976 enactment of the FSIA,
(2) Plaintiffs have not satisfied the “commercial activity” exception of the ESIA, 28 USC par
1605(a) (2), and
(3) plaintiffs have not satisfied the “taking” exception of the FSIA ,28 USC par 1605(a) (3)
Because plaintiffs have not established that statutory exception to foreign sovereign
Immunity applies to their claims, the Order of the District Court dismissing their suit for
The lack of subject matter jurisdiction is affirmed. (Full Order- Docket No 02-7844)
In the light of the above citied orders neither Poland nor Austria is supposed to pay
Any compensation as the result of the Second World War.
That is not the case in he mind of White Collar Criminals acting under the umbrella of
special qualified privileges of World Jewish Congress, American Embassy in Warsaw
and Polish Government.
-3-
From the date the Order was issued : 3 March 2006 till now, the Polish Prime Ministers,
former Marcinkiewicz and current, J.Kaczyñski& President L.Kaczyñski began intensive
meetings in Washington with WJC and in Israel. To avoid the execution of the Order,
they created the Bill No.: 133 and filed it in Polish Sejm (Lower House of Parliament)
where it stays with the specially created commission. On 27 of February, 2007 leaders
of world wide Jewish organizations came to Poland and together with American
Ambassador set up secret meetings with Polish government officials in the
American Embassy in Warsaw to organize this subreption.
Following is the group of people and organizations involved in this international scam:
University of Princeton Jan Tomasz Gross
Federation of Polish Jews in America, Kalman Sultanik
Jewish Telegraph Agency, Dinah Spritzer
Jewish Claims Conference, Gideon Taylor
Holocaust Restitution Committee, Yehudy Evron
World Jewish Restitution Organization, Claims Conference, Israel Singer
CIA , Financial Crimes Enforcement Network and White House ,Sidney J.Zabludoff
American Jewish Committee , Andrew Baker
Poland was represented by:
President Lech Kaczynski
Prime Minister Jaros³aw Kaczyñski
President of Sejm Marek Jurek
Minister Anna Fatyga
Ryszard Schnepf
-4-
These White Collar Criminals of subreption of money are welcome in Poland as
honourable Representatives, as heads of foreign state by the Polish officials although
during the last 10 years they defamed , humiliated and abuse the great Polish Nation.
Aren’t the secret meetings in American Embassy the proof of involvement USA in
grabbing The Polish National Property?
By ignoring the Order of USA highest Court of the Land American Citizens and
The American Embassy in Warsaw Poland abused the international law and therefore
created CAUSE OF ACTION FOR MISFEASANCE OF PUBLIC OFFICE .
American Embassy committed the tort of misfeasance in international, public office which in this case is intentional tort whose distinguish elements are twofold:
(i) deliberate unlawful conduct in the exercise of public functions ;and
(ii) Awareness that the conduct is unlawful and likely to destroy economy of Polish Nation
American Embassy violated and abuse the qualified privilege of Diplomatic immunity which is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled). It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though there is a much longer history in international law. Many principles of diplomatic immunity are now considered to be customary law.
The Vienna Convention on Diplomatic Relations is an international treaty on diplomatic intercourse and the privileges and immunities of a diplomatic mission. Adopted on April 18, 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria, from March 2 to April 14. The Conference also adopted the Optional Protocol concerning the Acquisition of Nationality, the Optional Protocol concerning the Compulsory Settlement of Disputes, the Final Act and four resolutions annexed to that Act. Done at Vienna, on April 18, 1961. Entered into force on April 24, 1964.
Has American Embassy the right to interfere the business of sovereign state of Poland?
We believe that the staff of American Embassy and other citizens of USA involved in
this international scam should be recalled to USA as persona non grata
and also should be brought to the American justice.
-5-
During this meeting American were trying to get compensation second time. Between
1948 to 1971 Poland signed agreements of indemnification with USA, GB,
France, Ireland, Lichtenstein, Switzerland, Norway, Belgium, Luxemburg, Greece and
Sweden. On the base of these agreements, citizens of above mentioned countries
received Compensation from Poland as lump sum with the balance to be taken care off
by particular countries. (Dr.Waldemar Gontarski, expert on international law, prof.
Mariusz Muszyñski. Expert on restitutions)
It is obvious proof of Americans acting in bad faith - what defeats their Special
Qualified Privileges and therefore they should be treated by both international and
American criminal law as common citizens.
The oath of Polish officials oblige them to act for the best interest of Polish
Nation and by betraying it -they should resign. “Somebody who cares more about the
Interest of Jewish Organizations than their own country, is creating embarrassment
and disrepute for Poland internationally. If somebody wants to day 100% of
Compensation, it means that they want 200% because 100% they were already paid!
( Dr Waldemar Gontarski)
We are eternally grateful to American Justice System which rightly recognized
the situation created by Second World War in Eastern Europe. America should
be proud of having such great judges as Mr. KEARSE , CABRANE and STRAUB.
After the SWW Poland and other Eastern European Countries were betrayed by allies
And delivered into slavery to Soviet Union. Actual scam is organized by number of
White Collar Criminals who use institutions and organizations which have special
-6-
Qualified Privileges and Statutes allowing them to avoid legal prosecutions. This is world
wide problem created by very well educated and very clever individuals who over smart
the judges of justice systems or the system is simply operating on the base of form and
rules of civil procedure ignoring the subject matter of particular case . In the scale of
one country, in Canada , we have the case Bohdan Szewczyk v Real Estate Council of
Ontario. In this case the American franchise, Re/Max is using RECO’s statute and
qualified privilege to remove the thousands competitors from the market by means of
Criminal offence. Two judges of the Court of Appeal for the Province, both professors of
law could not or did not want to recognize properly the problem. The massive existence
of abuse qualified privileges in Canadian society caused the presentation of this case in
The Supreme Court of Canada.
Scam inside Jewish Organizations.
This is next proof that we deal with white Collar Criminals. ( Israel Singer is involved)
The Jewish Federation from Switzerland ( FSCI) is demanding of return the funds from
World Jewish Congress which were illegally transferred by authority from Switzerland to
USA. After closing the office , WJC , transferred 1,2 millions to lawyer in Israel , than to
London and next to New York. Special research and report made by prosecutor from
NY, showed that the accounting of WJC is a disaster and was made by hand. ( says
Prof. Alfred Donath of FSCI) Audit for WJC accounting was made by Price Waterhouse
Coopers for years 1995 to 2004 showing number of illegal transfers of funds.
Defamation
The representatives of Jewish organizations. and their media are involved In
international world wide defamation of Poland and Polish People to force them to pay
-7-
the Subreption (illegal Jewish compensation). Reuter Agency 19 April 1996 ,Israel
Singer says :”.. More than 3 million Jews died in Poland and Poles will not be the
inheritors of Polish Jews. We shall harass them so long till Poland shall be
covered with the ice again. If Poland will not satisfy our demands, we shall
publicly humiliate and attack on the international forum “. They did. There is
common international knowledge that NAZI CONCENTRATION CAMPS ARE NOT
NAZI ANYMORE, THEY ARE POLISH CONCENTRATION CAMPAS. We could read
it many times in world wide media own by Jews- including national paper
Toronto Star in Canada.
By reminding you that Polish Nation took part in American fight for Freedom and
Independence through the service of brilliant military engineer Tadeusz Kosciuszko and
heroic death of Kazimierz Pulaski, we ask you to stop your American citizens from illegal
organizing the economic assassination of liberty and independence of Poland.
8 March 2007
Bohdna Szewczyk
tel 905-873-0961
Press Representative
POLISH EMMIGRATION
cc. Polish Senators