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|Subject: Re: Factor an additional 5% to RE - Reparations||Date: 3/27/2002 11:15 AM|
|Author: Squawk1200||Number: 64233 of 710055|
It is a completely different case and the precedent wouldn't hold up in a fair court of law. The life insurance and deposit claims were simple theft and the claims against Germany and German companies regarding slave labor, pensions, etc. were only allowed to be made by living survivors.
Nice try, but wrong. The settlement class was defined as the following:
All persons worldwide, their heirs, executors, administrators, successors, beneficiaries and/or assigns, who do not timely elect to be excluded from the Class who are or were, directly or indirectly (i) Victims or Targets of Nazi Persecution and (ii) during the Class Period January 1, 1933 to (but not including) January 1, 1947:
(A) had moneys, securities or other assets on deposit with any of the Austrian Banks which were converted by any of the Austrian Banks, transferred as a direct or indirect result of Nazi persecution, laws or actions by any of the Austrian Banks to non-owners, including governmental entities, and/or never returned to rightful owners; or
(B) had personal and/or private property looted or through any means converted from them or seized by or through the Nazis or their co-conspirators and transferred to any of the Austrian Banks or by or through any of the Austrian Banks to others; or
(C) sent assets through any of the Austrian Banks destined for concentration camps inmates but that never reached such inmates and/or were not returned or forwarded to the rightful owner or from which any of the Austrian Banks benefitted financially, directly or indirectly; or
(D) were injured, directly or indirectly, by the actions of the Austrian Banks in tortious violation of customary international law, including profiting and/or facilitating the use by others of slave labor, the transfer of gold, precious metals and gems to the Nazi Regime and disguising the true ownership of companies or assets owned by German entities between 1933 and 1947.
See Consolidated Complaint at Paragraph 97 (smphasis added); Ct. Order of June 24, 1999 (approving the above as the settlement class); In re Austrian and German Bank Holocaust Litigation, 80 F. Supp. 2d 164 (S.D.N.Y. 2000) (confirming the settlement).
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