12-09-12 Dr Zerniks Notice and Demand for 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, with fax transmission report 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>, 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. a.

Reasons for Dr Zerniks Demands on BANK HAPOALIM, BM, Israel, its subsidiaries and/or affiliates 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

12-09-12 Demand for valid com of demands - Fax to 3 recipients recently finished.
Demand for valid com of demands 12-09-12 : . 3 , 2 , 1 2012-093 done 026669077 12 2012-09<no reason recorded> 00:02:08 16:42:05 3 done 035673500 12 No response to PPS repeated 3 times. ; 2012-0900:00:00 16:43:33 0 failed 036073101 too many attempts to dial 12 <no reason recorded> 00:02:03 16:42:00

12-09-12 Demand for valid legal/banking records- Arison

. 101370630 Demand for valid legal/banking records- 12-09-12 : Arison 19:12 : 2102-90-21 3 : . : 036073101 : unknown : : Fax ID : 4188625 . PDF