weiss, helene - Holocaust Victim Assets Litigation (Swiss Banks)

More documents

Recommendations

Info

of Presumptions (d), (h) and (j) contained in Appendix A 2 to the account of unknown type and the application of Presumptions (h) and (j) to the custody account, the CRT concludes that it is plausible that the account proceeds in this case were not paid to the Account Owner, the Power of Attorney Holders, or their heirs. Based on its precedent and the Rules Governing the Claims Resolution Process (the “Rules”), the CRT applies presumptions to assist in determining whether or not Account Owners or their heirs received the proceeds of their accounts. Basis for the Award The CRT has determined that an Award may be made in favor of the Claimant. First, the claim is admissible in accordance with the criteria contained in Article 23 of the Rules. Second, the Claimant has plausibly demonstrated that the Account Owner was his grandmother, and that relationship justifies an Award. Finally, the CRT has determined that it is plausible that neither the Account Owner nor the Power of Attorney Holder or their heirs received the proceeds of the claimed accounts. Amount of the Award The bank records and the Austrian Census records indicate that the Account Owner held an account of unknown type with a balance of 1,192.10 Swiss Francs as of 1938. The present value of this amount is calculated by multiplying it by a factor of 12, in accordance with Article 37(1) of the Rules, to produce a total award amount of 14,305.20 Swiss Francs. Pursuant to Article 35 of the Rules, when the value of an account is unknown, as is the case of the custody account, the average value of the same or a similar type of account in 1945 is used to calculate the present value of the account being awarded. Based on the ICEP Investigation, in 1945 the average value of a custody account was 13,000.00 Swiss Francs. The present value of this amount is calculated by multiplying it by a factor of 12, in accordance with Article 37(1) of the Rules, to produce a total award amount of 156,000.00 Swiss Francs. Consequently, the total award amount of both of the accounts is 170,305.20 Swiss Francs. Division of the Award According to Article 29 of the Rules, the Claimant and his brother, Ronald Moster Wight, are each entitled to one-half (1/2) of the Award amount. Initial Payment Article 37(3)(a) of the Rules provides that where the value of an award is calculated using the value presumptions provided in Article 35 of the Rules, the initial payment to the claimant shall be 65% of the Certified Award, and the claimant may receive a second payment of up to 35% of the Certified Award when so determined by the Court. In the case of the custody account, the CRT has used the value presumptions of Article 35 of the Rules to calculate the account value, and 65% of the award amount is 101,400.00 Swiss Francs. In the case of the account of 2 An expanded version of Appendix A appears on the CRT II website -- www.crt-ii.org.
unknown type, the initial payment is 14,305.20 Swiss Francs. Therefore, the total initial payment is 115,705.20 Swiss Francs. Scope of the Award The Claimant should be aware that, pursuant to Article 25 of the Rules, the CRT will carry out further research on his claim to determine whether there are additional Swiss bank accounts to which he might be entitled, including research of the Total Accounts Database (consisting of records of 4.1 million Swiss bank accounts which existed between 1933 and 1945). Certification of the Award The CRT certifies this Award for approval by the Court and payment by the Special Masters. Claims Resolution Tribunal December 27, 2002
Page 1 and 2: CLAIMS RESOLUTION TRIBUNAL In re Ho
Page 3: The CRT’s Analysis Identification
Page 7: 1 See Independent Commission of Exp

weiss, helene - Holocaust Victim Assets Litigation (Swiss Banks)

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?