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 Subreption of  Compensation for  Jews

 

Bohdan Szewczyk

bszewczyk@yahoo.com

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

bszewczyk@yahoo.com

Press Representative

POLISH EMMIGRATION

 

 

cc.  Polish Senators