Claims Resolution Tribunal

CLAIMS RESOLUTION TRIBUNAL

In re Holocaust Victim Assets Litigation Case No. CV96-4849

Certified Denial

to Claimant [REDACTED]

in re Account of Mathilde Stein and Accounts of Friedrich Stein and Account of Fritz Stein and Account of Ernst Grunwald1 (Power of Attorney Holder Fritz Stein) and Account of Wilhelm Stein (Power of Attorney Holder Fritz Stein, a.k.a. Friedrich Stein)

Claim Number: 209025/SB2

This Certified Denial is based on the claim of [REDACTED] (the Claimant ) to the published accounts of Mathilde Stein and Fritz (Friedrich) Stein. This Denial is to the published accounts of Mathilde Stein ( Account Owner 1 ), Friedrich Stein ( Account Owner 2 ), Fritz Stein ( Account Owner 3 ), Ernst Grunwald ( Account Owner 4 ), over which Fritz Stein ( Power of Attorney Holder 1 ) held power of attorney, and Wilhelm Stein ( Account Owner 5 ), over which Fritz Stein (also known as Friedrich Stein), held power of attorney ( Power of Attorney Holder 2 ), all held at the [REDACTED] (the Bank ).

All denials are published, but where a claimant has requested confidentiality, as in this case, the names of the claimant, any relatives of the claimant other than the account owner, and the bank have been redacted.

1 In an effort to locate any and all accounts that might have belonged to the Claimant s relative, the CRT has reviewed and analyzed all accounts whose owners or power of attorney holders names are the same as that of the Claimant s relative, even if the Claimant could not identify the owner of the account as his relative. 2 The Claimant submitted two Claim Forms, which were registered under the Claim Numbers 209025 and 223259. The CRT has determined that these claims are duplicate claims and is treating them under the consolidated Claim Number 209025.

Information Provided by the Claimant

The Claimant submitted a Claim Form asserting that his mother, Mathilde Magdalena Stein, and her brother, Fritz (Friedrich) Stein, each owned a Swiss bank account. The Claimant stated that his mother was born on 4 November 1910 in Merzig, Germany, that she was a doctor of medicine and that she resided in several cities in Germany. According to the Claimant, although his mother was not Jewish, she was persecuted as a Jew because she was the descendant of a Jewish family, and that she was forbidden to continue her studies in medicine. The Claimant further stated that his mother married [REDACTED] on 4 January 1946 in Herford, Germany, and that she died on 6 December 1998 in Hilden, Germany.

The Claimant stated that his uncle, who was homosexual, was born on 12 November 1908 in Merzig, and never unmarried. The Claimant stated that his uncle was a teacher who resided in various towns in Germany, including Herford, Recklinghausen, Cologne, Wurzburg and Freiburg, until 1933, when he moved from Germany to Vienna, Austria. The Claimant further stated that his uncle fled Austria in 1936 to Africa, where he died on 1 August 1960 in Cameroon.

The Claimant indicated that he was born on 25 December 1946 in Herford. The Claimant also submitted documents in support of his claim, including his mother s death certificate, German identity papers and marriage certificate, which all indicate that his mother s middle name was Magdalena and that she had the title of medical doctor ( Dr. med. ).

Information Available in the Bank s Records

The CRT notes that the Claimant submitted a claim to an account belonging to his relatives, Mathilde Stein and Fritz (Friedrich) Stein. The auditors who carried out the investigation to identify accounts of Victims of Nazi Persecution pursuant to instructions of the Independent Committee of Eminent Persons ( ICEP or the ICEP Investigation ) reported six accounts whose owners and power of attorney holders names match those provided by the Claimant. Each account is identified below by its Account Identification Number, which is a number assigned to the account by the ICEP auditors for tracking purposes.

Account 5029883

The Bank s records indicate that Account Owner 1 was Mathilde Stein, who resided in Germany. The Bank s records also indicate the date of closing of the account at issue. Pursuant to Article 6 of the Rules, the CRT requested the voluntary assistance of the Bank to obtain additional information about this account ( Voluntary Assistance ). The Bank provided the CRT with additional documents. These documents indicate Account Owner 1 s middle initial and contain Account Owner 1 s signature and the year in which Account Owner 1 provided her signature.

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Accounts 5024486 and 5029608

The Bank s records indicate that Account Owner 2 was Friedrich Stein, who resided in Vienna, Austria, and that the power of attorney holder was Berta Stein. The Bank s records also indicate Account Owner 2 s street address, a date on which Account Owner 2 is indicated as residing in Vienna, and the name of his spouse. Finally, the Bank s records contain Account Owner 2 s signature.

Account 5033641

The Bank s records indicate that Account Owner 3 was Fritz Stein. The Bank s records also indicate Account Owner 3 s title, city and country of residence and the date of closing of the account at issue.

Account 5026593

The Bank s records indicate that Account Owner 4 was Ernst Grunwald, who resided in Beuthen, Germany, and that Power of Attorney Holder 1 was Fritz Stein. The Bank s records also indicate Power of Attorney Holder 1 s street address, city and country of residence.

Account 5024809

The Bank s records indicate that Account Owner 5 was Wilhelm Stein, who resided in Prague, Czechoslovakia, and that the power of attorney holders were Anna Stein (Frl. Anna Shiffler) and Power of Attorney Holder 2, Fritz Stein (also known as Friedrich Stein). The Bank s records also indicate Power of Attorney Holder 2 s city and country of residence. Finally, the Bank s records contain the signatures of Account Owner 5 and the power of attorney holders.

The CRT s Analysis

Admissibility of the Claim

The CRT has determined that the claim is admissible according to Article 18 of the Rules Governing the Claims Resolution Process, as amended (the Rules ).

Identification of the Account Owners

As for Account 5029883, the CRT concludes that the Claimant has not identified Account Owner 1 as his relative. Although the name of his mother matches the published name of Account Owner 1, the information provided by the Claimant differs from the unpublished information about Account Owner 1 available in the Bank s records. Specifically, the Claimant stated that his mother s middle name was Magdalena. In contrast, the Bank s records show that Account Owner 1 had a different middle name. The CRT also notes that the Claimant stated that his mother held a Dr. title, whereas the Bank s records do not indicate that Account Owner 1 had

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such a title. Consequently, the CRT is unable to conclude that Account Owner 1 and the Claimant s mother are the same person.

As for Accounts 5024486 and 5029608, the CRT concludes that the Claimant has not identified Account Owner 2 as his relative. Although the name of his uncle matches the published name of Account Owner 2, the information provided by the Claimant differs materially from the unpublished information about Account Owner 2 available in the Bank s records. Specifically, the Claimant stated that his uncle resided in Germany until 1933 and was unmarried. In contrast, the Bank s records show that Account Owner 2 resided in Austria prior to 1933 and was married. Consequently, the CRT is unable to conclude that Account Owner 2 and the Claimant s uncle are the same person.

As for Account 5033641, the CRT concludes that the Claimant has not identified Account Owner 3 as his relative. Although the name of his uncle matches the published name of Account Owner 3, the information provided by the Claimant differs materially from the unpublished information about Account Owner 3 available in the Bank s records. Specifically, the Claimant stated that his uncle resided in Germany and Austria before fleeing to Africa. In contrast, the Bank s records show that Account Owner 3 resided in a different country. Consequently, the CRT is unable to conclude that Account Owner 3 and the Claimant s uncle are the same person.

As for Account 5026593, the CRT concludes that the Claimant has not identified Power of Attorney Holder 1 as his relative. Although the name of his uncle matches the published name of Power of Attorney Holder 1, the information provided by the Claimant differs materially from the unpublished information about Power of Attorney Holder 1 available in the Bank s records. Specifically, the Claimant stated that his uncle resided in various towns in Germany, including Herford, Recklinghausen, Cologne, Wuerzburg and Freiburg. In contrast, the Bank s records show that Power of Attorney Holder 1 resided in a city which the Claimant did not identify. Consequently, the CRT is unable to conclude that Power of Attorney Holder 1 and the Claimant s uncle are the same person. In addition, the CRT notes that the Claimant did not identify Account Owner 4 as his relative, and that under Swiss law, a power of attorney holder is not considered to be the owner of an account. After a power of attorney holder dies, his or her powers in an account no longer exist, and they do not pass to his or her heirs. Therefore, even if the Claimant had identified Power of Attorney Holder 1, but not Account Owner 4, as his relative, the Claimant would not have been entitled to the account unless there was evidence in the Bank s records that Power of Attorney Holder 1 and Account Owner 4 were related.

As for Account 5024809, the CRT concludes that the Claimant has not identified Power of Attorney Holder 2 as his relative. Although the name of his uncle matches the published name of Power of Attorney Holder 2, the information provided by the Claimant differs materially from the unpublished information about Power of Attorney Holder 2 available in the Bank s records. Specifically, the Claimant stated that his uncle resided in Germany and Austria before fleeing to Africa. In contrast, the Bank s records show that Power of Attorney Holder 2 resided in a different country. Consequently, the CRT is unable to conclude that Power of Attorney Holder 2 and the Claimant s uncle are the same person. In addition, the CRT notes that the Claimant did not identify Account Owner 5 as his relative, and that under Swiss law, a power of attorney holder is not considered to be the owner of an account. After a power of attorney holder dies, his

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or her powers in an account no longer exist, and they do not pass to his or her heirs. Therefore, even if the Claimant had identified Power of Attorney Holder 2, but not Account Owner 5, as his relative, the Claimant would not have been entitled to the account unless there was evidence in the Bank s records that Power of Attorney Holder 2 and Account Owner 5 were related.

Right of Appeal

Pursuant to Article 30 of the Rules, the Claimant may appeal this Denial to the Court through the Special Masters within ninety (90) days of the date of the letter accompanying this decision. Appeals should be delivered to the following address: Office of Special Master Michael Bradfield, 51 Louisiana Ave., NW, Washington, DC 20001 USA.

The Claimant should send appeals in writing to the above address and should include all reasons for the appeal. If more than one account has been denied in this Certified Denial, the Claimant should identify the Account Identification Number, which forms the basis of the appeal. Appeals submitted without either a plausible suggestion of error or relevant new evidence may be summarily denied.

Scope of the Denial

The Claimant should be aware that the CRT will carry out further research on his claim to determine whether an award may be made based upon the information provided by the Claimant or upon information from other sources.

Certification of the Denial

The CRT certifies this Denial for approval by the Court.

Claims Resolution Tribunal 8 August 2006

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