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July 16, 1999 - Image 35

Resource type:
Text
Publication:
The Detroit Jewish News, 1999-07-16

Disclaimer: Computer generated plain text may have errors. Read more about this.

LEGAL NOTICE BY ORDER OF THE COURT

To victims of Nazi persecution and their heirs
who may have claims against Swiss Banks or
other Swiss entities relating to the Holocaust:

Swiss banks agreed to pay $1.25 billion
US. dollars to settle legal claims relat-
ing to the World War II era conduct of
Swiss banks, Swiss businesses, and the
Swiss government ("Swiss Entities').

The United States District Court for the
Eastern District of New York (the
"Court') will hold a hearing on Novem-
ber 29, 1999, to decide whether the Settle-
ment should be given final approval

All Settlement Classes include heirs and suc-
cessors of the persons and entities described
above.

not have to personally pay the Court ap-
pointed attorneys. Certain attorneys will ap-
ply to the Court for reimbursement of their
costs, up to about .2% of the Fund. Certain
Plaintiffs' attorneys will also apply for fees,
up to at most 1.8% of the Fund. The Court
may award a lower amount. Most attorneys
will not apply for fees, and counsel for the
WJRO will not apply for fees or costs.

Even if you're not sure whether you are a
member of one of the Settlement Classes,
you should request a Mailed Notice and Ini-
tial Questionnaire. For example, if you per-
formed slave labor, you may not know
whether revenue or proceeds of that labor
were deposited with Swiss Entities; you may
still be a Settlement Class member.

How and When Claims will be Paid

No claims process or Plan of Allocation has
yet been established. The Mailed Notice ex-
plains how you can make suggestions.

Getting More Information

To learn more, fill out the request form be-
low, call toll free 1-888-635-5483, or visit the
website http://www.swissbankclaims.com

r

Send me the Mailed Notice
and Initial Questionnaire.

Note that you may be included even if
you did not have a Swiss bank accoun4
and that this Settlement is different from To receive further notice of a claims process,
and ensure that you are able to file a claim,
the Swiss Humanitarian Fund

Who Is Affected by the Settlement

You are affected by the Settlement if you fit
into one of the following five Settlement
Classes. Four Classes consist of "Victims or
Targets of Nazi Persecution" (any individual,
business or group persecuted or targeted for
persecution by the Nazi Regime or its agents,
because they were or were believed to be
Jewish, Romani, Jehovah's Witness, homo-
sexual, or physically or mentally disabled
or handicapped), AND who:

1. Had assets on deposit with any Swiss
bank, investment fund, or other custo-
dian, prior to May 9, 1945, OR

2. May have claims against Swiss Entities
relating to assets looted or taken by the
Nazi Regime*, OR

3. Performed slave labor for entities that
may have deposited the revenues or pro-
ceeds of that labor with or transacted that
profit through Swiss Entities, OR

4. Unsuccessfully sought entry into Switzer-
land to avoid Nazi persecution, or after
gaining entry, were mistreated,_and may
have related claims against any Swiss
Entity.

The fifth Settlement Class includes any in-
dividual, whether or not a Victim or Target
of Nazi Persecution, who performed slave
labor in a work site, wherever located,
owned or controlled by a Swiss Entity.

1

I
I

Name

you must either mail a request for such no-
tice to the address below, or complete and
return the Initial Questionnaire attached to
the Mailed Notice.

Address

1

city

If the Court gives final approval of the Settle-
ment, a Plan of Allocation will be adopted
and the Fund will be disbursed. Not all
Settlement Class members who apply will
be eligible to receive payments.

If You Do Not Want to Participate

If you do not wish to participate in or be
bound by the Settlement, you must exclude
yourself by writing a letter so indicating, to
the address given in the Mailed Notice, by
October 22, 1999. If you do not, you will be
barred from prosecuting any legal action
against Swiss Entities relating to the settled
disputes. If you exclude yourself, you will
NOT be able to claim a portion of the Fund.

How to Comment or Object

You may comment on the terms of the Settle-
ment by October 22, 1999. The Mailed No-
tice describes how to submit comments or
objections. You have the right to appear at
the November 29, 1999 hearing in person or
through counsel, although you do not have
to.

Who Represents You

The Court appointed attorneys as Settlement
Class Counsel, and appointed Settlement
Class Representatives, including Holocaust
survivors, the World Jewish Restitution Or-
ganization ("WJRO"), and the World Coun-
dl of Orthodox Jewish Communities. You do

State

ZipCode

Country

I Preferred Language

I This is NOT a Claim Form. Please mail this to: I
Information
1 Holocaust Victim Assets Litigation
I P.O. Box 8300
I San Francisco, CA 94128-8300
USA

I

US-ENG-DTJN

NM NM WIM MN !MI WM NM WWI WM IMP

1-888-635-5483

wwvv.swissbankdaims.com

Scope of Release

The Settlement of this case (In re Holocaust Victim Assets
Litigation, Master File No. CV-96-4849) concludes all legal
actions and disputes against Swiss Entities relating to the
Holocaust, World War II Victims or Targets of Nazi Perse-
cution, the Nazi Regime, treatment of refu&ees, or any re-
lated thing. The term "Swiss Entities" (or Releasees' ) in-
cludes Credit Suisse and UBS AG (successor to Union Bank
of Switzerland and Swiss Bank Corporation), and their
former and current corporate parents, subsidiaries, affiliates,
and branches; the Swiss National Bank; other Swiss Banks;
the Swiss Bankers Association; the Swiss Confederation (in-
cluding the Swiss government); all business concerns head-
quartered, organized or incorporated in Switzerland as of
October 3, 1996; and certain other affiliates of Swiss con-
cems described in the Mailed Notice. Certain claims against
various Swiss insurance companies listed in the Mailed
Notice are not included in this Settlement.

,

* The second Settlement Class also includes claims against
Swiss Entities relating to "Cloaked Assets," which are as-
sets disguised by a Swiss Entity for the benefit of an Axis
company or person associated with the Nazi Regime, be-
tween 1933 and 1946.

Detroit Jewish News

/1 / 9 19 6
1999

35

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