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Newsgroups: soc.culture.polish
Subject: 28.  POLISH nation libel
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Date: 17 Jul 1999 06:47:54 GMT
Organization: AOL
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Xref: soc.culture.polish:174359

Dana I. Alvi - Chairwoman	P. O.  Box  3206=20
Tel & Fax  310 - 829 -1527	Santa Monica, CA. 90408

								                       July 16, 1999

	28. POLISH nation libel

	WAR ON POLAND - will this fraud based lawsuit be a prelude to the next NATO
perpetrated genocide ?

	Below are the first 22 of 135 paragraphs of a class action lawsuit filed
against Poland by Jewish Holocaust $survivors$ and/or heir$.  See also "25
POLISH nation libel.  WAR ON POLAND, - the newest land grab".=20


			Civil Action No. CV 99-3487

Law Offices [for the Plaintiffs] of:

Mel Urbach (MU-5690)
One Exchange Place
Suite 1000
Jersey City, New Jersey 07302
Tel: 201-395-4709


Edward E. Klein (EK-8587)
275 Madison Ave.,
11th Floor
New York, New York 10016
Tel:  212-661-9400


Theo Garb, Bella Youngewirth, Sam Lefkowitz, Peter Koppenheim, Judah Weller,
Chana Lewkowicz, Samuel Goldin, Karl Diamond, Hala Sobol, Saul Klausner, and
Goldie Knobel.=20
On behalf of themselves and all others similarly situated.

vs: -=20


Republic of Poland, Ministry of the Treasury of Poland (Ministerstwo Skarbu
Panstwa) and John Does # 1-100.

			+COMPLAINT+   [++ underlined]

	Plaintiffs, above named and all others similarly situated, by their
undersigned attorneys, as and for their complaint, allege as follows:


	1.  This is an action brought by eleven individual plaintiffs, on behalf of
themselves and all others similarly situated, pursuant to 28 U.S.C. 1330  +=
seq.+  and 1602  +et seq.+  ("Foreign Sovereign Immunities Act")  and all o=
federal and state statutory and common laws against the Republic of Poland,
hereinafter referred to at times as "Poland", the Ministry of the Treasury =
Poland (Ministerstwo Skarb [sic] Panstwa), hereinafter at times referred to=
the "Treasury" or "Skarb", and defendants John Does 1-100, who are foreign
governments and/or private bodies and/or individuals, referred to at times =
"other Defendant's [sic], the identity's [sic] of which are unknown at this
time, that participated in the common scheme alleged herein.

	2.  The scheme, which has continued during the last fifty four years, invo=
the forced, coerced "expulsion to extinction" of the Jewish people from Pol=
through ethnic and racial cleansing, through the use of violence and the th=
of violence, including torture and death.  Poland, Skarb and the other
Defendant's [sic] did commercially occupy, benefit, manage, rent, improve,
retain, and eventually foreclose and take illegal title to the assets,
including the real property, of all the expunged Jewish people in Poland un=
the pretence [sic] that such assets were abandoned.  All of the defendants =
profited and continue to profit from this scheme at the expense of aging and
dying Holocaust survivors.

	3.  Plaintiffs are victims and survivors (or their heirs) of the Nazi
Holocaust.  Plaintiffs, as a class, have been denied management rights,
ownership, control, use and enjoyment of their real and personal property s=
their initial dispossession during the Holocaust.  After World War II, these
Holocaust survivors were murdered, beaten, raped, terrorized, tortured and
forced to abandon any attempt to retrieve their property or to manage it.  =
was due to a common scheme of ethnic and racial cleansing that continued in
Poland   +after+  the Holocaust, which was designed to remove the remaining
surviving 10% of the Polish Jewish survivor community from Poland.=20

	4.  The notion of profiting from racial and ethnic extermination was pract=
by the Nazis [sic] Regime before and during World War II.  The Nazis
deliberately and systematically looted and plundered Jewish owned assets,
thereby enriching themselves and providing the necessary financial means by
which to commit and perpetrate war crimes and crimes against humanity.

	5.  Germany took advantage of the anti-Semitic climate in Poland by locati=
the most notorious death camps there, including Auschwitz and Treblinka.=20
Jewish men, women and children from all over Europe were murdered and tortu=
to death at these and other concentration camps in Poland.

	6.  When the Nazis retreated from Poland, individual Polish citizens, Skar=
the Polish Government and other Defendant's [sic] sought to capitalize on t=
misfortune of Poland's Jews, by perpetuating the Nazi scheme of racial
cleansing, and deriving profits there from, by moving into and taking
possession of Jewish property for commercial purposes.

	7.  To force the Jews to flee Poland and abandon their assets and property
rights, a murderous plan of anti-Semitic racial and ethnic cleansing was
initiated in Poland against returning Jews, who had survived the Holocaust.=
Upon returning to their homeland in Poland, thousands of Jews were threaten=
and then savagely beaten and/or murdered in their former homes, villages and
cities.  This culminated in a mass exodus of the majority of Polish Jewish
survivors from Poland.  It is estimated that over 60,000 Jews fled Poland
between July and September of 1946, as a direct result of the Kielce pogrom=
the heinous campaign of violence against Polish Jews.  Many others were afr=
to return to Poland, abandoning any hopes they may have had to recover their
assets and property.

	8.  The Defendant's [sic] in this case were thereby able to benefit and
continue to benefit from the scheme of ethnic and racial cleansing against
Polish Jews.  They secured possession of substantially all the assets of
Poland's three million Jews, including valuable real estate holdings,
machinery, personal belongings, furniture, currency, insurance policy's, bo=
stocks, gold coins, jewelry, diamonds, ceremonial religious items, and other
assets.  In the following years and decades, the Defendants illegally attem=
to and did secure ownership of these assets, by changing the recorded docum=
of title and ownership, all of which was done with the acquiescence of Pola=
and Skarb.

	9.  During the implementation of this scheme of racial and ethnic cleansin=
the Jews in Poland suffered systematic human rights violations including, a=
other things, beatings, threats of violence, looting, torture, rape and mur=

	10.  Prior to 1939, Polish Jews made up over  +20% of the world Jewish
population.+  From 1939 to 1948 Poland's Jewish community of over 3 million=
almost vanished.  Those few who remained, hid their Jewish identity or chan=
their religion to avoid persecution.  While the Nazi Regime was responsible=
much of the destruction wrought on the Jews in Poland, it was the conduct of
the Polish Government and the other Defendant's [sic] that divested the
Plaintiffs of their property and their rights with respect to such property.

	11.  Hundreds of towns across Poland witnessed the influx of Jewish surviv=
after World War II.  Polish citizens, that had been hunted for five years by
the Nazis, now returned home, with nowhere else to go.  In many towns and
cities, Jews had not been seen for years.  Rather than treating the returni=
Jews as displaced refugees, the Defendant's [sic] dissuaded the Jews from
returning to their homeland and homes, through heinous acts of violence and
murder.  The Defendants perpetuated the Nazi scheme of "Juden Rein" on their
own people, ridding their countryside of Jews.  The Defendants were thereby
able to seize and commercially profit from Jewish assets and property.

	12.  The expunging of Jews from Poland and the seizing of their assets and
property was only accomplished through the complicity of the Polish governm=
[sic], including Polish police and army forces.  Through State sponsored
terrorism, the Polish people initiated and participated in attacks against
returning Jews.  In smaller towns, Jews were lynched and either strangled, =
or stabbed to death.  Public hangings of Jews were reported in the press,
terrifying those who remained in Poland and those intending or attempting to
return.  Based on information and belief, these attacks were part of a
systematic scheme to wipe out all traces of the Jewish race in Poland after
World War II.

	13.  The Defendant's [sic] were motivated not only by hate, but also by gr=
 Once the Jews were expunged from Poland, the Defendants seized control of
Jewish assets and property, asserting ownership of the property, and managi=
the property for profit.

	14.  At the conclusion of World War II, and ignoring the legal consequence=
s of
genocide, war crimes, crimes against humanity and racial cleansing, the Pol=
Government and the Defendant's [sic] permitted these atrocities against Jew=
s in
Poland to continue unchecked for several years, until the Jews resigned into
surrender through attrition, leaving Poland and their property behind.

	15.  Rather than hold and manage the property for the benefit of Jewish
survivors and their heirs, Defendants sought through murder, fear and physi=
violence to deprive Holocaust victims  of their assets and property.  Thus
developed a common scheme in Poland, perpetrated by threats, violence, tort=
rape and death, which resulted in the forced expulsion and the almost entire
depletion  of the Jewish people from Poland.

	16.  Since the Holocaust, Poland, Skarb and the other Defendant's [sic] ha=
engaged in an ongoing pattern of deceit designed to prevent, delay, frustra=
and block members of the class from uncovering the truth about their owners=
of, and rights to use and enjoy their property remaining in Poland.  This
pattern of deceit perpetrated by the Defendants was designed to prevent mem=
of the class from reclaiming and accurately determining the total quantity =
value of the real estate and other assets wrongfully taken from them.

	17.  In response to queries from class members, Defendants have used stand=
response such as:  The property was abandoned voluntarily;  the property had
been confiscated legally;  the property was destroyed;  documents could not=
found;  large tax bill were due on claimed property;  or claimants were tol=
d to
return to Poland to assert claims.  During this time the Defendant's [sic] =
commercially operating and deriving substantial profits from Holocaust vict=

	18.  As a result of Defendants [sic] continuing conduct, for a period of o=
fifty-four years, Defendants have commercially managed, retained, and profi=
[sic]  fom illegally-obtained assets belonging to members of the class, for
which Defendants have no legal basis to own, control, manage, retain or rec=

	19.  Poland, Skarb and the other Defendant's [sic] have initiated and
continued a process of illegally developing, renting, selling and/or permit=
the sales or transferring of assets and property belonging to class members,
further frustrating aging survivors and their heirs from recovering their
property.  Poland is now offering for sale, in the United States and elsewh=
assets of Holocaust survivors, including residential and commercial propert=
that rightfully belong to members of the class.

	20.  Plaintiffs seek to enjoin Poland, Skarb and the other Defendants from
further selling, wasting, disposing or allowing the sale or disposal or
transfer of property belonging to members of the class.

	21.  Plaintiffs also seek  (i) an accounting and disgorgement by Poland, S=
and the other Defendants of the assets and property improperly handled,
retained or sold in violation of the class members rights and entitlements,=
(ii) an accounting and disgorgement of the profits made on those assets, an=
(iii) compensatory and punitive damages to discourage such conduct in the


	22.  This Court has jurisdiction pursuant to 28 U.S.C. 1330, as this actio=
n is
against a foreign state;  28 U.S.C. 1331, as this case concerns the
Constitution, laws and/or treaties of the United States;  28 U.S.C. 1332, as
this case involves citizens of the United States, as plaintiffs, and citize=
or subjects of a foreign state, as defendants, and the amount in controvers=
exceeds $75,000.00, exclusive of interest and costs;  28 U.S.C. 1350, as th=
case concerns an action by certain aliens for a tort committed in violation=
the law of nations or a treaty of the united States;  28 U.S.C. 1367, the
supplemental jurisdiction of this Court;  and 28 U.S.C. 1605 (a), as an
exception to immunity under the Foreign Sovereign Immunities Act.  Venue is
proper in this Court pursuant to 28 U.S.C. 1391."  --  End of first 22

	Continued under "28 a. POLISH nation libel"

Dana I. Alvi =09

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