Unveiling the Secret: Heir of NS Victim Sues Bank over Jew Simson Cohn's Account
Heir of Nazi Victim Files Lawsuit Against Saving Bank: What Happened to Samson Cohn's Assets? - Heirs of Nazi Victims File Lawsuit Against Savings Bank: Tracing Jew Simson Cohn's Banked Funds
Penned by Leon Berent* ⏱️ Approx 2 MinsRead**
In a shattering court ruling, the Higher Regional Court of Hamm has allowed a historic decision to stand: Over eight decades ago, the Nazis had seized an account belonging to the Jewish butcher master Simson Cohn. His great-grandson Marc Benseghir sought access to approximately €400,000 - however, the Sparkasse at Volme and Ruhr in Hagen firmly denied providing any information.
Unfavorable as it seems, the Higher Regional Court of Hamm declared on Wednesday that it is legally permissible for the bank to withhold information. The heir to the Jewish family from Hagen does not hold a valid claim to the account that his ancestors had held during the NS dictatorship, the judges decided. This decision, however, is not final; the Senate has taken no action to allow an appeal, although a non-admission complaint may still be lodged.
"It's preposterous!" Benseghir asserted to stern. He finds the justification of the ruling based on the statute of limitations to be inapplicable in this case. Why, he wonders, should the statute of limitations be invoked when he only uncovered the account's existence in 2019? "The burden of proof should now shift to the bank, not me," he declares, stating his intention to appeal further, all the way to the Federal Court of Justice if necessary.
The Sparkasse at Volme and Ruhr has yet to clarify why it refuses to share information. A spokesperson offered a vague explanation: "All relevant documents pertaining to account 4409 were already presented by the Sparkasse in the initial court proceedings." The barrage of accusations from the plaintiff's side concerning the bank's alleged falsehoods regarding the existence of the account was dismissed by the bank's statement: "The Sparkasse has never knowingly provided false statements. The statement was consistent with the bank's current state of knowledge at the time."
The Higher Regional Court of Hamm's ruling is, however, met with disapproval by the Westphalian-Lippe Association of Jewish Communities, which regards the demand for the opening of files on Jewish accounts from the NS era as indispensable. Zwi Rappoport, the association's chairman, shared his sentiments with stern viewing it as "bewildering that the Sparkasse Hagen does not acknowledge the historical dimension of its culpable involvement in the Nazi regime." He strongly advocates for the descendants of the victims, expressing his hope that an appellate court will uphold historical responsibility and grant the plaintiffs an opportunity to shed light on the truth, which is "of public interest."
- Banking
- Judaism
- National Socialism
Key Insights:
- The German legal system does not seem to have specific laws addressing the release of funds from accounts confiscated by Nazis, but relevant precedents can be inferred from broader discussions on restitution and legal proceedings related to Nazi-era confiscations.
- The Washington Conference in 1998 set the stage for modern restitution efforts, focusing on documenting and facilitating the return of looted assets. These restitution efforts, however, are more commonly associated with art and cultural artifacts rather than financial assets.
- The U.S. Foreign Sovereign Immunities Act's (FSIA) "expropriation exception" allows for jurisdiction over foreign states in cases where property was taken in violation of international law, provided there is a commercial nexus in the U.S. This exception has been utilized in restitution claims for Nazi-looted art.
- Legal precedents in restitution cases often involve lengthy legal battles, as highlighted by the twenty-year dispute over a Nazi-looted Pissarro painting. These cases underscore the complexities and challenges in establishing rightful ownership and navigating legal systems.
- The U.S. Supreme Court's ruling in Republic of Hungary v. Simon emphasizes the need for a commercial nexus to establish jurisdiction over foreign states in expropriation cases.
- The European Parliament has a right to vote on the matter of the heir of a NS victim who is suing a bank over his ancestor's account, a historic case related to general news and crime and justice.
- The Higher Regional Court of Hamm, while confirming the bank's decision to withhold information about the account in question on Wednesday, also commented that the descendant does not currently hold a valid claim to the account, a decision that can be appealed.
- The industry, financing, and banking-and-insurance sectors are under scrutiny as the Westphalian-Lippe Association of Jewish Communities were dismayed by the Higher Regional Court's verdict, expressing the need for the opening of files on Jewish accounts from the NS era for political reasons.
- The Jewish butcher master Simson Cohn's descendant, Marc Benseghir, plans to appeal the case further, all the way to the Federal Court of Justice, should the Senate refuse to grant an appeal.
- The war-and-conflicts segment of general news is relevant as the existence of the account was only discovered in 2019, leaving Benseghir to question the applicability of the statute of limitations in this case.
- Stern magazine reported that Zwi Rappoport, the chairman of the Westphalian-Lippe Association, criticized the Sparkasse Hagen for not acknowledging the historical dimension of its involvement in Nazi regime activities, emphasizing the importance of historical responsibility.
- As this case progresses through the courts, the Hamburger Sparkasse may face challenges to provide information regarding account 4409, further highlighting discussions on asset restitution in the context of NS-era confiscations within banking and legal circles.
