Judge Eitan Orenstein, "Chief Clerk" Kobi Bleich, Tel Aviv Disrict Court
Occupy Tel Aviv encampment, April 29 - Nochi Dankner, one of a handful tycoons who now control the Israeli economy, is the local embodiment of "too big to fail", "too big to jail".
The default of Dankner's pyramid scheme, I.D.B., is quickly developing into a landmark case, the arrival of the global financial crisis to Israel.
The total sum of the loans, which were issued by all major Israeli banks without adequate collateral and in disregard of sound banking principles, is still unknown. Initially the default was estimated at NIS 4 billion, then NIS 8-9 billion, huge sums in proportion to the local economy.
The default of Dankner's pyramid scheme, I.D.B., is quickly developing into a landmark case, the arrival of the global financial crisis to Israel.
The total sum of the loans, which were issued by all major Israeli banks without adequate collateral and in disregard of sound banking principles, is still unknown. Initially the default was estimated at NIS 4 billion, then NIS 8-9 billion, huge sums in proportion to the local economy.
Initially the banks tried to cover it all up by offering a "haircut", waiving Dankner's huge loans to the detriment of shareholders and retirement funds, while leaving Dankner in control of IDB.
Public outrage stopped the effort to end the case with a "haircut".
Public outrage stopped the effort to end the case with a "haircut".
Instead, the case has recently moved into bankruptcy in the Tel Aviv District Court.
During the opening hearing yesterday, Judge Eitan Orenstein offered some tough talk for media consumption, and ordered the parties to reach an out of court settlement within 48 hours, or else.[1]
However, the records show corruption of the case from day one: The online public access system of the Court (Net HaMishpat, the local equivalent of PACER in the US courts), shows that the case is NOT sealed. And yet all details of the case, except for the case file name, generate a warning message: "YOU ARE NOT PERMITTED TO VIEW THE DETAILS". That includes even the names of the parties and attorneys, and the case calendar.[2]
Denial of public access to court records with no legal foundation is a serious violation of the Human Rights of all residents of the State of Israel. It also stands in disregard of the scholarly decision of former Presiding Justice Dorit Beinisch of the Israeli Supreme Court in the case of Israeli Human Rights Association v Minister of Justice (5917/97). [3]
With it, conduct of the Tel Aviv District Court is not surprising, Mr Kobi Bleich, Chief Clerk of the Tel Aviv District Court, has occupied his office for over two years with no lawful appointment record. [4]
The Israeli public must not let this pass, and must demand full discovery in this case to show:
* Which bankers violated the law in issuing the loans?
* Which banking regulators violated the law by knowing about the bankers' practices and turning a blind eye?
* Did Dankner violate the law in his corporate financial reports?
The case can also be viewed as the parting gift of Stanley Fischer (Governor of Bank of Israel and Ben Bernanke's teacher) before packing his bags and leaving for good.
As is the case in other nations, the IDB bankruptcy case provides perfect documentation of the tight links between corruption of the courts and corruption of banking regulation.
The courts of the State of Israel have undergone unprecedented corruption over the past decade under the tenure of Aharon Barak and Dorit Beinisch as presiding justices of the Israeli Supreme Court.
* The Human Rights Alert (NGO) submission regarding the US was incorporated into the UN Universal Periodic Review Report(2010) with a note, "Corruption of the courts and the legal profession in California".
* The Human Rights Alert (NGO) submission regarding the State of Israel was incorporated into the UN Universal Periodic Review Report (2013) with a note, "Lack of integrity in the electronic records of the Supreme Court, the district courts, and the detainees courts in Israel".
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LINKS:
[1] 13-04-29 Judge Gives Dankner's IDB Development Two Days to Settle With Creditors _ Haaretz
http://www.scribd.com/doc/
[2] 13-04-29 I.D.B. Bankruptcy (36681-04-13) in the Tel Aviv District Court - online public records in Net HaMishpat-- remote terminal
[3] 09-10-08 Israeli Civil Rights Association v Minister of Justice et al ( 5917/97) Chief Justice Dorit Beinish: The new case management system (Net Ha-Mishpat) would require restricting public access to court records _ Globes (Heb + Eng)
[4] 12-05-10 Human Right Alert, Appendix I to Submission; 15th UPR - State of Israel - "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel"
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