11 (2002); Perry Report, Exhibit 17, p. 1. 1946 Registration, p. 2. It is not clear, from the facts as outlined in Dr. Rinesch's memorandum, how Theresia would have obtained the necessary documentation that would have allowed her to leave the Reich at this time, though it is possible that she left on a temporary travel visa and obtained official permission to emigrate only later. The Partial Decision notes that the Vermögensverkehrstelle offered to cancel the aryanization tax for these shares if Auer could provide documentation to prove that the shares did not come from Jewish ownership (as defined by the Nuremberg laws), and that Auer did not do so, even though he would have saved a substantial sum if he had done so. All facts in this Introductory Note, including quotations, are taken from the Award. Es wurde vom Ex-US-Botschafter in Wien, Ronald Lauder im Juni d.J. page 1336 note 19 Perry Report, p. 1. Das 1909/1910 entstandene Gemälde zeigt eine Mutter mit ihren beiden Kindern, in eine Decke gehüllt, alle drei schlafend. Through what procedure these shares arrived at the Dresdner Bank, can not be explained by me.” Perry Report, Exhibit 23, p. 2. $8.75. * Chairman, International Law Institute and Professor of Law, Georgetown University Law Center; Of Counsel, Morgan, Lewis & Bockius, Washington, D.C. * This document was provided by a corresponding editor. The 13 February 1940 letter from the Länderbanklists the 3,300 block of shares twice-once as having been sold on 21 December 1938 by Ferdinand Bloch-Bauer, and once as having been sold, together with 21,665 shares belonging to the Löw group, on 28 August 1939 by the Finance Office of Vienna (Finanzamt f. Verkehrssteuern, Wien [sic]). 2d. page 1305 note 6 See also Perry Report, p. 5. page 1337 note 29 The term “self indictment” is taken from the Perry Report, which later states that Ferdinand Bloch-Bauer “accepted“ responsibility for certain discrepancies in the books while, at the same time, he and Carl [sic] Bloch-Bauer “wrote to their attorney stating that they had not received illegal payment of any kind.” The term “self indictment” was therefore likely an overly literal translation of a German phrase that is more akin to pleading “nolo contendere'’ or declaring Chapter 11 bankruptcy. Perry Report, Exhibit 29, “Extracts from tax law applicable to tax penalty suit,” (original available only in translation). Though it appears anomalous that, if the dispute had been settled in February 1939 as Unfried contends, the Länderbank would a year later seek to support Auer's contention that the shares he bought from the Bank in Zurich were “aryan,'’ it may be that it was provided in connection with the Vermögenverkehrstelle’ s offer to cancel the tax upon submission of proof of Aryan ownership. The Perry Report likewise identifies Sapafin A. G. Chur as the owner of a block of 16,500 shares and specifies that Sapafin A. G. Chur was “owned 100% by Otto Pick, a Czechoslovakian citizen living in Vienna.” Perry Report, p. 1. L. 297 (2003). It was Michael Bradfield, Judah Glibetz and former master, Paul Volcker who promulgated the Rules Governing the Claims Resolution Process, and devised the plan of distribution of the Settlement Fund, then approved by Judge Korman and upheld by the Second Circuit, note 4 supra. 2000); Michael The Restitution Claimants argued that, because Ferdinand Bloch-Bauer and Pfeiffer had come forward to declare the previously undeclared taxes, they had not evaded taxes and should not be subject to criminal tax proceedings. New York In a Chapter 11 bankruptcy declaration, a business owner declares bankruptcy, acknowledges certain debts, and proposes a plan to meet them in an attempt to retain control of the company. 2004), as amended, 319 F. Supp. page 1342 note 120 In a letter to the authorities, dated 23 May 1939, Gustav Bloch-Bauer's attorney, Dr. Gustav Rinesch, amended the asset declaration of Gustav Bloch-Bauer, who had since passed away. page 1340 note 93 The shares identified in his 1938 Census declaration appear to have been deposited in the Creditanstanlt Bankverein in Vienna. Scholz, Adrienne, Restitution of Holocaust-Era Insurance Assets: Success or Failure?, 9 B. and Maurice C. Shapiro Senior Scholar-in-Residence at the Center for Advanced Holocaust Studies of the United States Holocaust Memorial Museum. Only in 1961 were Jews recognized as victims, and then only if they had remained hidden in Austria during the War under “inhumane” circumstances. The letter indicates that Auer may have acquired additionals shares. Unfried notes that this value was used in a Finanzprokuratur report dated 5 January 1956. According to Dr. Rinesch's memorandum, the shares were transferred by the Finance Office of Vienna to the Preussisches Staatshank of Berlin. Perry Report, p. 7, Exhibit 23, p. 2. '’ Industry Report, p. 3; Perry Report, p. 9. Neue Galerie: Wonderful museum but timing is everything when attempting to enjoy this museum - See 1,600 traveler reviews, 321 candid photos, and great deals for New York City, NY, at Tripadvisor. Bazyler, J., Justice for the Collective: The Limits of the Human Rights Class Action (New York University Press II, pp. The Partial Decision notes that the Property Control Office offered to cancel the aryanization tax for these shares if Auer could provide documentation to prove that the shares did not come from Jewish ownership (as defined by the Nuremberg laws), and that Auer did not do so, even though he would have saved a substantial sum if he had done so (“Diesen Nachweis hat Clemens Auer nicht erbracht, obwohl er dadurch einen namhaften Betrag an Arisierungsauflage erspart hätte“). E 73- E 76. page 1340 note 73 302 F. Supp. Check if you have access via personal or institutional login, COPYRIGHT: ©American Society of International Law 2005, The Setting of the Pearl: Vienna Under Hitler, The Holocaust Restitution Movement in Comparative Perspective. Der Kunstliebhaber Peter Parzer hat seine Sammlung dem Belvedere vermacht, darunter zwei Prachtstücke von Gustav Klimt, die „Sonnenblume“ und eine „Familie“ (1909). Klimt, Gustav (1862-1918) - 1912 Portrait of Adele Bloch-Bauer (Christie's New York, 2006) Oil on canvas; 190 × 120 cm. Der kol-portierte Wert der Bilder von E 145 Mio und ihre hervor- The most expensive works of art include Peter Paul Ruben’s “Massacre of the Innocents” (painting) worth about $ 76,700,000, “For the love of God” by Damian Hirst (sculpture), worth about $ 75,000,000, and the paintings by Pierre-Auguste Renoir’s’ Bal au moulin de la Galette ‘, Jasper John’s’ False Start’, Gustav Klimt… . Damals verbrachte Klimt seine Sommer in Litzlberg am Attersee, wo er in einem Bauerngarten auch Emilie Flöge in den sogenannten „Reformkleidern“ fotografierte. page 1305 note 7 Why is the bank unnamed? The CRT notes that the Perry Report refers to the name “Davis,” while other documents, including a statement by Otto Pick, refer to “Davies.” Davies and Lloyd were British and, as agents for Pick, held the shares on his behalf. Sie ist in diesem Zusammenhang eher Kummer gewohnt: Zehn Klimts mussten restituiert werden, darunter die noble „Frau mit Federboa“, etliche Landschaftsdarstellungen und die berühmte „Adele Bloch-Bauer I“. . page 1338 note 43 Perry Report, Exhibit 17, “Letter dated 13 February 1940 from Landerbank [sic], Wien to Clemens Auer, re shares purchased for Auer.” According to Unfried, in 1939, Auer attempted to circumvent Nazi authorities in order to avoid paying aryanization tax on the ÖZAG shares he acquired. Pauley, p. 495. page 1339 note 72 Pauley, pp. The original document upon which Unfried based his statement about the resolution of the dispute is not available to the CRT. The CRT notes that, according to the information supplied by the Vienna Stock Exchange for this report, Ö ZAG shares were not actually quoted on the Exchange because only very few were available for trading, the bulk being held firmly. Usage data cannot currently be displayed. . , (hereinafter, “Böhmer“). He is also editor of Lessons and Legacies III: Memory, Memorialization, and Denial (1999). Davor wird jedenfalls ein Werkverzeichnis erarbeitet.„Sonnenblume“ und „Familie“ sind bis 18.3. im Belvedere, dann reist die „Sonnenblume“ nach Venedig. Although its existence antedates the Global Settlement, see footnote 4 infra, it has become in effect a creature of Judge Korman's court in New York. The 2,335 number appears more reliable, as it stems from the translation of the official Syndicate Agreement, which also shows the ÖZAG shares to total 80,000. page 1340 note 94 Certain documents in these records also refer to Theresia Bloch-Bauer as Therese Sara Bloch-Bauer. Der Kunstliebhaber Peter Parzer hat seine Sammlung dem Belvedere vermacht, darunter zwei Prachtstücke von Gustav Klimt, die „Sonnenblume“ und eine „Familie“ (1909). roomful of paintings by Gustav Klimt and pointed to the shimmering portrait of a sultry, enigmatic beauty suspended in gold. 1, 3. See supra, note 21. ... Gustav Klimt Portrait of Adele Bloch-Bauer I Poster. On page 2 of the same Exhibit, Auer is reported to have acquired a total of 78,968 shares at an average price of RM 82.18. , at Al. page 1339 note 54 “Es sind dies die zur Interessengruppe Ing. Marke Prettystern. „Er war zuletzt fast jeden Tag hier, hat mit den Sekretärinnen geplaudert, bis die ihm gesagt haben, dass sie jetzt wirklich arbeiten müssen“, erzählt Husslein-Arco. Bruce F. Pauley is a professor of history at the University of Central Florida. In the submisssion filed on behalf of the Pick, Graetz, Bloch-Bauer and Loew interests for recognition of their restitution claim to the company, the number of shares Gusatv Bloch-Bauer held, including the 440 shares at the Bank, is given as 2,600. On 30 June 1938 they were assessed some RM 13 million in taxes and penalties and their property, including their block of 21,665 ÖZAG shares, was later confiscated and sold by the Vermögensverkehrsstelle, via the fiscal authorities, to Clemens Auer. See Republic of Austria v. Altmann, 327 F.3d 1246 (2004). 18-19. page 1339 note 56 1946 Registration, p. 3. When Therese and Adele's only brother died in 1917 without a son to carry on the family name, the two families changed their names to Bloch-Bauer. In an effort to confirm this price, the CRT contacted the Vienna Stock Exchange to obtain the official quoted price for ÖZAG shares on 13 March 1938. Bloch-Bauer's niece, Maria Altmann of Cheviot Hills, was a dear As a result, however, the controlling block of shares generally commands a substantial premium. page 1342 note 122 Das Verfahren wurde zweifellos dazu verwendet, den Kurs der Aktien zu drücken und damit die Arisierung zu ermöglichen. URL: /core/journals/international-legal-materials. The Syndicate Agreement also indicates that 40,195 shares were held in the Bank's name and deposited at the Bank. Gustav Bloch-Bauer, who was an attorney, was named the executor of Adele's estate. $8.10. Die Finanzprokuratur. Auer maintained that, because he obtained the shares from a Swiss bank, they were not subject to an aryanization tax. Unfried, p. 653. 10 g fein, KM 3213, st: 2012: 401: 2016-09-04: Time: 0.01 seconds. (Wieder ein Weib,dass einen Krieg ausloesen haette koennen,wie einst die "Schoene Helena "um Troja.) Ich halte es für sehr zweifelhaft, und bin der Meinung, dass diese Frage genau geprüft werden muss. Perry Report, Exhibit 21, “Memorandum dated 11 January 1940 by Otto Pick, re sale of Brucker shares,” (original available only in translation). P817 -90cm art print silk scarf Gustav Klimt Adele Bloch-Bauer I. P636 -90cm art print painting silk cloth G. Klimt cottage garden sunflowers. Weyr, Thomas, The Setting of the Pearl: Vienna Under Hitler (Oxford University Press Adele, die er 1899 geheiratet hatte, ein repräsentatives Palais mit der Adresse Elisabethstraße 18. There is no indication that the canceling of the second installment was due to a reclassification of any of the shares as “non-Jewish.“, page 1339 note 57 Perry Report, Exhibit 26, “Extract from balance sheet of 1 January 1940.“. The adjustment is made in accordance with a formula established by the Special Masters with Court approval. Abstract views reflect the number of visits to the article landing page. Sahne Service sicher 100 Stars wert !!! See written statement by L.L.G. Pauley, pp. See supra, note 40. page 1340 note 99 Pursuant to Articles II and III of the Syndicate Agreement, Pick was obligated to block the transfer of these shares by informing the place of deposit of the need for the Bank's consent, and the Bank was obligated to withhold consent to transfer shares that had been blocked at their place of deposit without the unanimous consent of the Syndicate members. The Guilt of Nations: Restitution and Negotiating Historical Injustices, Justice for the Collective: The Limits of the Human Rights Class Action, Was Einmal War. He is also a member of the Academic Committee of the United States Holocaust Memorial Council. page 1335 note 3 According to documents provided by the Claimant, when Adele Bloch-Bauer died, she left behind a short will that asked, but did not require, that her husband consider donating the two portraits and four landscapes to the Austrian Gallery. page 1336 note 20 Voldgiftsdomstolen bestemte dog, at de fem billeder skulle gives tilbage til Adele Bloch-Bauers nu 80-årige niece Maria Altmann, som bor i … Not until 1969 were Jewish refugees recognized as victims. The 1956 Ownership Statement groups the 6,500 shares held by Lloyd and Davies with the remaining Pick shares. Restitution of Holocaust-Era Insurance Assets: Success or Failure? See Exhibit F to this Award. page 1338 note 52 The aryanization tax was that share of the “windfall profit“ that had accrued to the aryanizer through acquisition of assets at severely depressed prices that the Nazi authorities arrogated to themselves. Zucker-Industrie A. G. as a sharemajority, by the joint management of the enterprise through the administration elected by the members of the syndicate, as well as the guarantee of the stable administration and management.” Perry Report, Exhibit 2, “Syndicate Voting Agreement,” p. 2 (original available only in translation). Manche Kunsthistoriker mutmaßen, Klimt habe mit der so schönen wie einsamen Sonnenblume Emilie Flöge gemeint. page 1337 note 27 Subsequently, the company filed four supplemental tax declarations covering 1931 to 1937, which revealed an alleged underpayment of taxes on income amounting to a total of S 2,487,540.42 for that period. The CRT recognizes that the sporadic market for the few available shares may not be representative of the market for a large number of shares. page 1335 note 1 In her Claim Form, the Claimant also identified other family members who held Swiss bank accounts. After Luise Guttmann's flight tax was reduced, the value of the seized shares exceeded the value of the tax, and Dr. Rinesch submitted a demand for the return of the shares. This contrasts with some procedures elsewhere: for example in the “pre-settlement adjudication” of claims (e.g. In the United States, in addition to the holocaust class action cases which led to the Global Settlement, we have the Altmann Supreme Court case, supra note 6; we have the Supreme Court Garamendi decision dealing with a Presidential agreement policy vs. a state (California) statute re insurance claims, American Insurance Association, et al, v. John Garamendi, Insurance Commissioner, State of California, 539 U.S. 396 (2003), and invocations of the Alien Tort Statute, 28 U.S.C. page 1338 note 41 1956 Ownership Statement, pp. See supra, note 23. page 1340 note 80 According to the 1956 Ownership Statement and the Draft Settlement, Dr. Rinesch represented the heirs of Ferdinand Bloch- Bauer and Gustav Bloch-Bauer; Otto Pick, including the Sapafin A. G. Chur, Lloyd and Davies interests; the Graetz family foundation; and the Reininghaus and Patzenhofer groups. In a statement dated 11 January 1940, Otto Pick stated that the 6,500 shares held by Col. J. E. Lloyd and Capt. Noch schöner vielleicht das zweite Werk, das in der Literatur auch unter dem Titel „Die Flüchtlinge“ oder gar „Tote“ geführt wird. G 4– G 5 None of Ferdinand's later wills included a bequest to the Austrian Gallery. The CRT notes that, although neither the asset declaration nor Dr. Rinesch's letter specifically indicates the location of these shares, they appear to have been held outside of Switzerland. Given these facts and circumstances, and the plausibility standard of proof adopted in the Rules Governing the Claims Resolution Process, as amended (the “Rules“), the CRT concludes that it is clearly plausible that the alleged Pick debt to the Länderbank was conceived as a cover for the reality of the well-developed, and forcefully executed, confiscatory program to deprive all of the Jewish owners of ÖZAG of their ownership without meaningful compensation, and accordingly, the benefit of the doubt should be given to the Claimant and parties she represents, who should receive compensation for all 20,187 Pick shares of ÖZAG that were seized by Nazi authorities with the full complicity of the Bank. Obtained by the Claimant's representative and submitted to the CRT (Bates Number 006206). In 1926, Gustav stated that Ferdinand intended to fulfill his wife's wishes, although he was not legally required to do so. Und doch ist das Prinzip das gleiche: ein flächiger Hintergrund, aus dem die Gesichter herauszuwachsen scheinen. Millionen Dollar 2. This breaktaking art nouveau … Don’t need a free werting, I just want to show that great painting (print) to you. 11-12, and infra, notes 51 and 87. page 1337 note 24 Article III of the Agreement states: “Each member of the syndicate loses the right of disposal, hypothecating, encumberance [sic], or to make arrangements with the shares brought into the syndicate during the period of syndication in any other manner, except without the unanimous decision of the syndicate.” Perry Report, Exhibit 2, p. 2. page 1337 note 25 Both the Perry Report and the Syndicate Agreement, however, indicate that these shares were, in fact, held at the Bank, not at the Länderbank. The “Currency Protection Law” (Währungsschutzgesetz), proclaimed in November 1947 to counter the inflationary pressures of the post-War period, inter alia devalued the Schilling by exchanging old for new Schillings at a rate of three to one. Peter Bentley has requested that the portion of the Award to which Antoinette Bentley would have been entitled be distributed to his children, according to her wishes as expressed in her will.
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