In the United States, in addition to the holocaust class action cases which led to the Global Settlement, we have the Altmann Supreme Court case, supra note 6; we have the Supreme Court Garamendi decision dealing with a Presidential agreement policy vs. a state (California) statute re insurance claims, American Insurance Association, et al, v. John Garamendi, Insurance Commissioner, State of California, 539 U.S. 396 (2003), and invocations of the Alien Tort Statute, 28 U.S.C. Not until 1969 were Jewish refugees recognized as victims. Austria 2012 50 Euro Gold Klimt Adele Bloch-Bauer 10g Gold PP Sammelkassette : 2012: 453: 2018-06-24: coin Austria 50€ Gold 2012 Klimt und seine Frauen: Adele Bloch-Bauer I ... 2012, Gustav Klimt, ca. Perry Report, Exhibit 3, p. 2. Der kol-portierte Wert der Bilder von E 145 Mio und ihre hervor- Partial Decision, p. 2. page 1341 note 113 “Die Aktien wurden von der Vermögensverkehrsstelle als jüdischer Besitz behandelt. page 1305 note 13 Alford, supra note 11, 267 (2003); Report of the Swiss Independent Commission of Experts (Bergier Commission), see generally Independent Committee of Eminent Persons: Report of Dormant Accounts of Victims of Nazi Persecution in Swiss Banks (ICEP or Volcker Commission report), (1999); see also In re account of Dr. Julius Homburger, available at . Quelle: EPA Nummer 8: "Junge mit Pfeife" von Picasso (1. page 1340 note 87 Unfried, p. 658, citing the audit of the newly reestablished ÖZAG conducted by Professor Dr. Bouffier dated 30 September 1957. In a plea of nolo contendere, the target of a criminal investigation agrees to submit to the investigation, but does not agree that he/she violated the criminal law. In 1957, the heirs agreed to a settlement of their claim. 31-32. The referenced attachments are not available to the CRT. … Die ah Verkäufer auftretenden beiden Engländer waren nur Treuhänder der Sapafin AG Chur. The CRT notes that Theresia would have had to comply with the decisions of Nazi tax authorities even if she had already left the Reich or risk forfeiture of all her assets that remained within the Reich. page 1340 note 98 As noted above, according to the 1956 Ownership Statement, on 30 December 1938 the Länderbank informed Auer that it had been able to purchase for him 26,480 shares of ÖZAG that had been held at the Bank, as well as an additional 10,567 shares, including 6,500 held by Lloyd and Davies on Pick's behalf, that had been deposited at the Länderbank. page 1342 note 122 In re Holocaust Victim Assets Litig,. page 1305 note 2 The CRT is in Switzerland because that is where most of the relevant documents are. . Böhmer, Peter, Faber, Ronald and Wladika, Michael, Die österreichische Finanzverwaltung und die Restitution entzogener Vermögen 1945 bis 1960. Auer did not indicate the provenance of the remaining 380 shares. page 1336 note 19 Perry Report, p. 1. page 1340 note 100 Article VII of the Syndicate Agreement requires the management of the Syndicate to inform members of decisions to be made with the request to reply within eight days after their receipt of the management letter, and that the absence of a reply is to be considered as a positive response to the proposed decision. Was this a condition of this bank and the other Swiss banks agreeing to the Global Settlement? Peter Bentley has requested that the portion of the Award to which Antoinette Bentley would have been entitled be distributed to his children, according to her wishes as expressed in her will. Of the 16,500 shares held by Sapafin at the Bank, 10,000 were held by Pick directly, 4,250 were held by T. E. H. Davis [sic], and 2,250 were held by J. E. Lloyd. 821–836 The actual value of the Elisabethstrasse property and other property has not been definitively determined. 2004). The full text, dated 19 May 1947, is shown in Exhibit 27 to the Perry Report and confirms that the shares were not quoted on the Stock Exchange because they “were for the most part in permanent hands and only a very small part of them was available for trade.’ Accordingly, the quotes provided were based on a few turn-overs and compared with officially quoted sugar shares. Hilberg, Raul and Barkai, Avraham, see In re Holocaust Victim Assets Litig., Plan of Allocation and Distribution of Settlement Proceeds, Vol. The difference in the two values is SF 2,116,079.47. 496-497. The Low group was represented by Dr. Emerich Hunna. The current value of this amount is calculated by multiplying it by a factor of 12.5, to produce an amount of SF 26,450,993.375, which, adjusted for the effects of rounding to two decimal places, is equal to the total award amount of SF 26,450,993.36. page 1342 note 129 The CRT notes that this Award makes no effort to compensate the sums paid by the Restitution Claimants in connection with the Nazi-era tax proceedings or any other non-ÖZAG property. page 1336 note 20 Perry Report, Exhibit 21, “Memorandum dated 11 January 1940 by Otto Pick, re sale of Brucker shares,” (original available only in translation). Albert Perry, Jr. Report on Brucker Zuckerfabrik Clemens Auer A.G. NARA, Washington, D.C., RG 260-M1928-USACA, German external assets, Reports on businesses, Reel 4 (hereinafter, the “Perry Report“), p. 5; Exhibit 3, “Statement by Dr. Gustav Reinisch [sic] re Clemens Auer securing control of Brucker,” Exhibit 14, “Letter dated 31 May 1946 from Karl Bloch-Bauer, alias Bentley [sic], re pressure exerted by Nazi,” (original available only in translation), and Exhibit 15, “Affidavit dated 13 December 1946 by Otto Pick re sale of Brucker shares,” (original available only in translation). Published online by Cambridge University Press: An abstract is not available for this content so a preview has been provided below. Adele Bloch- Bauer I. Das Gemaelde von Gustav Klimt zum Beispiel. page 1336 note 17 2000); Michael The CRT recognizes that the sporadic market for the few available shares may not be representative of the market for a large number of shares. They were presumably misfiled as other correspondence concerning Luise Gutmann is included in Gustav Bloch-Bauer's file and as all these documents refer to her relationship to the estate of Gustav Bloch-Bauer. The 2,335 number appears more reliable, as it stems from the translation of the official Syndicate Agreement, which also shows the ÖZAG shares to total 80,000. page 1340 note 94 Certain documents in these records also refer to Theresia Bloch-Bauer as Therese Sara Bloch-Bauer. Partial Decision, p. 18. This figure apparently includes the 6,500 shares held by Lloyd and Davies on Pick's behalf. In the ensuing probate proceedings in Vienna, the Klimt paintings were declared to be Ferdinand's property, not Adele's. Das 1909/1910 entstandene Gemälde zeigt eine Mutter mit ihren beiden Kindern, in eine Decke gehüllt, alle drei schlafend. Ich halte es für sehr zweifelhaft, und bin der Meinung, dass diese Frage genau geprüft werden muss. Sie ist in diesem Zusammenhang eher Kummer gewohnt: Zehn Klimts mussten restituiert werden, darunter die noble „Frau mit Federboa“, etliche Landschaftsdarstellungen und die berühmte „Adele Bloch-Bauer I“. Usage data cannot currently be displayed. page 1341 note 107 In 1938, RM 1.00 was worth SF 1.7548 and US $1.00 was worth SF 4.37. page 1341 note 108 The CRT notes that Antoinette Bentley passed away in November 2004. page 1335 note 3 According to documents provided by the Claimant, when Adele Bloch-Bauer died, she left behind a short will that asked, but did not require, that her husband consider donating the two portraits and four landscapes to the Austrian Gallery. In correspondence dated 14 October 2004, the Stock Exchange again confirmed that no official quotes were available for ÖZAG shares at the time. Shapiro, Paul A. and Dean, Martin C., “Foreword,” in the Symposium Proceedings, “Confiscation of Jewish Property in Europe, 1933-1945 New Sources and Perspectives,'’ Washington, D.C.: Center for Advanced Holocaust Studies at the United States Holocaust Memorial Museum, 2003, p. ii For information about the Holocaust Victim Assets Litigation see and . The Resume is attached to this Award as Exhibit E. page 1337 note 31 Interim Report on the Audit of the Books of the ÖZAG (Zwischenbericht zur Überprüfung der Geschäftsbücher der ÖZAG von Guido Walcher), dated 29 April 1938, Vermögensverkehrstelle (WSt) Stat. £29.38. There is some discussion of possible reductions in the share value due to tax claims broght against the Bloch-Bauers, which seem to have been dismissed, and of an Austrian 1956 restitution proceeding to which relatively short shrift is given. Her son, Peter Bentley, has submitted a copy of her will, in which his five children are named beneficiaries of Antoinette Bentley's residual estate. 1956 Ownership Statement, p. 1; Draft Settlement, pp. 1-2. page 1335 note 2 According to the Claimant's submissions, Ferdinand and Gustav were born Bloch, and Therese and Adele were born Bauer. It appears that this letter was obtained in connection with that dispute. Dimensions (hxw): - 40 x 30 cm - 80 x 60 cm - 100 x 75 cm - 120 x 90 cm - 160 x 120 cm Material: - premium canvas cloth 320g/qm - real wooden 3D gallery stretchers, FSC-certified - depth: 2cm - including pre-installed picture hangers - including felt pads Properties: - easy to mount - page 1335 note 7 The Industry Report states: “That duress was involved is indicated by the fact that the son-in-law of Pick and nephew of the company's President Ferdinand Bloch-Bauer, one Leopold Bloch-Bauer, had been arrested immediately after the Anschluss and was released and given an exit permit through the intervention of the Länderbank only after he had undertaken to secure the sale of important foreign-owned blocks of shares to German interests.” Industry Report No. , (hereinafter, “Böhmer“). See supra, note 21. According to Dr. Rinesch's memorandum, the shares were transferred by the Finance Office of Vienna to the Preussisches Staatshank of Berlin. . It is not a Swiss tribunal. Peter Hayes is Theodore Z. Weiss Professor of Holocaust Studies at Northwestern University. Zweimal stand sie Modell für die Judith aus der Bibel. See supra, note 23. art replicas, art repr Auer also obtained miscellaneous smaller blocks of shares amounting to 3,538 shares at different prices and from unknown sources. 7881/1, OZAG (hereinafter, the “Interim Report“). page 1305 note 11 Parallel zu dieser Lizenz muss auch ein Lizenzbaustein für die United States public domain gesetzt werden, um anzuzeigen, dass dieses Werk auch in den Vereinigten Staaten gemeinfrei ist. Subsequently, the company filed four supplemental tax declarations covering 1931 to 1937, which revealed an alleged underpayment of taxes on income amounting to a total of S 2,487,540.42 for that period. Susanne Meinl is a historian at the Fritz Bauer Institute, Frankfurt am Main. page 1305 note 8 A quaint side-bar: the German, Clemens Auer, “a Cologne businessman with close ties to the Nazi party”, paid the socalled Aryanization tax due on such ‘purchase'; he later claimed a refund on the grounds that not all of the Bloch-Bauer partners were 100% Jewish. Nevertheless, they were treated as Jewish-owned shares, and were subjected to aryanization tax. 135 Millionen Dollar für ein Klimt-Bild. page 1342 note 125 At S 300.00 or RM 200.00 per share, the company's total value would equal S 24,000,000.00 or RM 16,000,000.00. Neue Galerie: Wonderful museum but timing is everything when attempting to enjoy this museum - See 1,600 traveler reviews, 321 candid photos, and great deals for New York City, NY, at Tripadvisor. There is no indication that the canceling of the second installment was due to a reclassification of any of the shares as “non-Jewish.“, page 1339 note 57 Perry Report, Exhibit 26, “Extract from balance sheet of 1 January 1940.“. (“Diesen Nachweis hat Clemens Auer nicht erbracht, obwohl er dadurch einen namhaften Betrag an Arisierungsauflage erspart hätte.“) Partial Decision, pp. Er hat nicht nur zahlreiche Ikonen geschaffen, er hat sich auch konsequent für die Freiheit der Kunst eingesetzt. Das Verfahren wurde zweifellos dazu verwendet, den Kurs der Aktien zu drücken und damit die Arisierung zu ermöglichen. CV96-4849, International Administration of Holocaust Compensation: The International Commission on Holocaust Era Insurance Claims (ICHEIC), The Case Studies: Germany, Spain and Turkey, A Comparative Study of Germany, Spain and Turkey. . In the submisssion filed on behalf of the Pick, Graetz, Bloch-Bauer and Loew interests for recognition of their restitution claim to the company, the number of shares Gusatv Bloch-Bauer held, including the 440 shares at the Bank, is given as 2,600. at 71, 319 F. Supp. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. P170 - Stoclet Frieze - … Perry Report, Exhibit 16. page 1338 note 37 Perry Report, Exhibit 16. page 1338 note 38 Perry Report, Exhibit 16. page 1338 note 39 Perry Report, Exhibit 16. page 1338 note 40 The additional 10,567 shares included 6,500 shares held by Lloyd and Davies on Pick's behalf and, according to the Perry Report, were held at the Bank, not in Vienna. Ihr Besitz von 16.500 Aktien im Jahre 1938 ist durch die Beilagen L4 undL5, sowie durch die Beilage 4 erwiesen.“ Partial Decision, p. 18. In an effort to confirm this price, the CRT contacted the Vienna Stock Exchange to obtain the official quoted price for ÖZAG shares on 13 March 1938. Given these facts and circumstances, and the plausibility standard of proof adopted in the Rules Governing the Claims Resolution Process, as amended (the “Rules“), the CRT concludes that it is clearly plausible that the alleged Pick debt to the Länderbank was conceived as a cover for the reality of the well-developed, and forcefully executed, confiscatory program to deprive all of the Jewish owners of ÖZAG of their ownership without meaningful compensation, and accordingly, the benefit of the doubt should be given to the Claimant and parties she represents, who should receive compensation for all 20,187 Pick shares of ÖZAG that were seized by Nazi authorities with the full complicity of the Bank.
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