-JO Jacob Friedman, Estelle Sapir and Miriam Stern, on Behalf of Themselves and All Others Similarly Situated v. Union Bank of Switzerland, et al. (See Doc. No. 897)

Filing 4711

MEMORANDUM AND ORDER Approving Set 20: 2 Awards, 1 Award Amendment upon request for reconsideration, 1 Award Denial, 1 Award Denial upon Appeal and Request for reconsideration, and 1 Letter closing claims certified by the Claims Resolution Tribunal Pursuant to Article 31(2) of the Rules Governing the Claims Resolution Process and Authorizing Payment from the settlement fund. Ordered by Senior Judge Edward R. Korman on 6/6/2011. (Attachments: # 1 Batch CCI) (Greene, Donna)

FILED
IN CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

*

JUL 21 2011

*

--------~-------------------------------------------------- BROOKLYN bFF~NO. CV 96-4849 (ERK)(MDG)
IN RE. HOLOCAUST VICTIM ASSETS
LITIGATION

;

(C onso I'dated WI'th CV 96- 5161
I
and CV 97-461)
MEMORANDUM & ORDER

This Document Relates to: All Cases

x
MEMORANDUM & ORDER APPROVING SET 201": 2 AWARDS, 1 AWARD
AMENDMENT UPON REQUEST FOR RECONSIDERATION, 1 AWARD DENIAL,
1 A WARD DENIAL UPON APPEAL AND REQUEST FOR RECONSIDERATION,
AND 1 LETTER CLOSING A CLAIM CERTIFIED BY THE CLAIMS
RESOLUTION TRIBUNAL PURSUANT TO ARTICLE 31(2) OF THE RULES
GOVERNING THE CLAIMS RESOLUTION PROCESS AND AUTHORIZING
PAYMENT FROM THE SETTLEMENT FUND

KORMAN,J.:
As provided under the Settlement Agreement, and in accordance with the procedures
established in the December 8, 2000 Memorandum & Order and in the Distribution Plan, the
Claims Resolution Tribunal (the "CRT") is hereby requesting the Court's approval, pursuant
to Article 31(2) of the Rules, of 2 certified Awards listed in Annex A, 1 certified Award
Amendment upon Request for Reconsideration listed in Annex B, I certified Award Denial
listed in Annex C, 1 Award Denial upon Appeal and Request for Reconsideration listed in
Annex D, and 1 Letter Closing a Claim listed in Annex E and the resources to pay these
Awards through funds to be deposited in the Swiss Banks Settlement-Dormant AccountsPayment Account from the Settlement Fund. The total amount of these 2 Awards and the
Award Amendment upon Request for Reconsideration is US $661,800.60 (SF 555,912.50
converted at a rate of 0.84 Swiss Francs per U.S. Dollar).

With this two hundred and first set, a total of 2,938 Awards for 4,659 accounts
totaling US $507,774,133.72 1 will have been made to date to Victims or Targets of Nazi
Persecution making up the Deposited Assets Class under CRT-II alone for documented
claims, with the average Award amounting to US $150,128.19. 2 An additional 207 accounts,
with a value of US $18,184,492.00, were awarded as accounts that had belonged to Victims
of Nazi Persecution under CRT I, which took place from 1997 through 2000. As the Court is
aware, in an Order dated 16 June 2010, the Court authorized another US $100 million for
adjustments to documented claims based upon an increase in certain presumptive values. Of
this amount, US $95,221,61l.50 has been approved for distribution to date.

Additional

payments will be authorized and distributed as processed.
In addition, the Court has authorized Plausible Undocumented Awards (PUAs), for
US $5,000 each, to those with claims which are plausible but for which no documentation
exists.

The total number of PUAs issued to date is 12,593, minus 295 full and partial

deductions, for a total of US $61,526,132.43.

In addition, the Order of 16 June 2010

authorized additional payments of $2,250 each to those who already have received PUAs, for
a total of approximately US $27,758,500.00. Thus, a total of US $89,284,632.43 has been
authorized for PUAs.
To date, then, a total of US $715,243,258.l5 has been authorized for distribution to
the Deposited Assets Class from the Settlement Fund, consisting of US $507,774,133.72 for
CRT-II, US $18,184,492.00 for CRT-I, US $100 million for presumptive value increases;
and US $89,284,632.43 for PUAs (including increases authorized on 16 June 2010).
'This amount includes the payments of decisions on appeal issued by Special Master Michael Bradfield totaling US
$7,299,288.27. The total US dollar amount, number of approved decisions, and number of accounts have been adjusted to
account for the 6 Award Withdrawals, as provided in this Order.
.

In calculating the average values, the batch 75 award ($21,860,325.09), two batch 110 awards ($15,688,718.34 and $9,610,660.66),
the Award In re Low ($12,030,605.95), and the award and award amendment In re Ungar in set 192 were excluded because their size
would have skewed the results. The average values further exclude payments of decisions on appeal totaling us $4,500,173.97 in
which the earlier award was not rescinded, and the payment pursuant to an agreement approved by the Court on March 5, 2010 in In
re Alfons and Maria Thorsch ($3,757,657.19). On the other hand, the calculation includes several appeal awards issued upon
reversals of earlier decisions as recommended by Specials Masters Bradfield and Junz and issued by the CRT.
2

This submission includes 1 Award to 1 Primary Claimant who previously received a
Plausible Undocumented Award ("PUA") and a subsequent PUA Increase, as detailed in
Annex F to this Order. Each recipient was made aware at the time the PUA was awarded
that, in the event the CRT located a Swiss Bank account or accounts to which he/she was
entitled, the PUA amount already received would be deducted from any future award(s) that
may be made in connection with such account(s).

Therefore, the amount requested for

transfer to the Swiss Banks Settlement-Dormant Accounts - Payment Account equals the
award amount of US $661,800.60 for the 2 Awards and 1 Award Amendment upon Request
for Reconsideration referred to above, less US $7,250.00 for previous PUA payments. Thus
the total requested for this Set is US $654,550.60.
The Award Amendment upon Request for Reconsideration in this set does not award
any new funds, but simply re-distributes the original award amount among the claimants
based upon new inheritance documents submitted by the claimants after the original award
was approved. The Award Denial in this set is based upon the CRT's determination that the
account owner closed the account and received the proceeds himlherself.
In the Denial on Appeal and Request for Reconsideration in this set, the claimant
appealed an Identification Denial that he previously received and submitted additional
information for reconsideration. The decision in this set summarily denies the claimant's
appeal and concludes that the new information submitted upon reconsideration is insufficient
to warrant an award.
With this two hundred and first set, a total of 6,647 Certified Denials to 13,572
accounts will have been approved under CRT II. In 6,022 of these 6,647 Denials, the CRT
determined that the claimant was not able to identify his or her relative as the account owner;
in 164 cases the CRT determined that the account owner closed the account and received the
proceeds himlherself; in 59 cases the CRT determined that the claimant was not entitled to

the account owner's account; in 26 cases the CRT determined that the evidence submitted by
the claimant was insufficient to support the existence of a bank account belonging to the
claimant's relative; in 5 cases the CRT determined that the claimant's relative was not a
Victim of Nazi Persecution, as defined by the Settlement Agreement; in 2 cases the CRT
concluded that the account owner closed the account and received the proceeds himlherself
and, with regard to evidence submitted by that claimant, that this evidence was insufficient to
support the existence of a bank account belonging to the claimed account owner; in 1 case the
claimant was not able to identifY his or her relative as the account owner and, with regard to
evidence submitted by that claimant, that this evidence was insufficient to support the
existence of a bank account belonging to the claimed account owner; in 1 case the CRT
determined that the claimant's relative was not a Victim of Nazi Persecutions, as defined
by the Settlement Agreement, and that, in any case, the account owner closed the account
and received the proceeds himlherself; in 1 case the CRT concluded that the account owner
closed the account and received the proceeds himlherself and the claimant was not entitled to
the account owner's account; in 4 cases the CRT determined that the evidence which was
submitted by claimant in his request for reconsideration was insufficient to support the
existence of a bank account belonging to the claimed account owner; and in 362 cases the
CRT was not able to make definitive determinations as to the plausibility of the matches
given the large number of competing matches to the same account and therefore concluded
that no award was appropriate.
This set also includes 1 letter closing a claim In re Herzfeld (Annex E). This letter
addresses over l30 additional documents submitted in May 2009 by the claimant's attorney
in that case. Pursuant to instructions of this Court, the CRT no longer formally accepts new
claims or submission of additional materials or information postmarked on or after 1 January

2009.

Thus, the CRT did not prepare a formal decision regarding these documents.

Nevertheless, the CRT reviewed the documents and determined that, even iftheir submission
had been timely, no award is appropriate. The closing letter details the CRT's review of these
documents.
As set forth in the Awards and as required by Article 31 (3) of the Rules, the Certified
Award shall be paid in full by the Special Masters after approval of such Awards and Award
Amendments by the Court. Therefore, it is hereby
ORDERED that the attached Award Denial and Award Denial upon Appeal and
Request for Reconsideration are hereby approved for release to the relevant claimants.
ORDERED that the attached Award Amendment upon Request for Reconsideration
is hereby approved for release to the relevant claimants.
ORDERED that the attached letter closing claim is hereby approved for release to the
relevant claimants.
ORDERED that the attached Awards are hereby approved for payment pursuant to
Article 31 (2) of the Rules;
ORDERED that for the payment of the Awards certified by the CRT and approved by
the Court, less US $7,250.00 to reflect 1 payment and 1 increase payment previously made in
the form of a PUA, the Signatories of the Settlement Fund are hereby ordered to transfer
immediately US $654,550.60 from the Settlement Fund to the Swiss Banks SettlementDormant Accounts-Payment Account;
It is further ordered that the Special Masters shall provide the Court with the name
and address of every class member receiving an Award, or an Award Amendment on Request
for Reconsideration, or an Award Denial, or an Award Denial upon Appeal and Request for
Reconsideration which information shall be filed with the Court under seal.

I will issue additional orders approving Awards certified by the CRT and transferring
further sums from the Settlement Fund as the CRT certifies them to this Court.

Dated:

Brooklyn, New York
June _,,_, 2011

SO ORDERED:

s/Edward R. Korman
Edward R~ Korman
United States District Judge

CLAIMS RESOLUTION TRIBUNAL
[BATCH CCI] - ANNEX A

Pursuant to Article 16 of the Rules Governing the Claims Resolution Tribunal, as amended,
(the "Rules"), the Claims Resolution Tribunal hereby certifies as of 2 June 2011 the
following Awards for approval by the Court and payment by the Special Masters:
Account Owner Last Name and Claim Number
1. Fischl et al. 2163991HSIMC; 4020971HSIMC; 4021001HSIMC; 7765071HSIMC
2. Friedmann-Frederich 3003451HS; 751732IHS
TOTAL
Total amount in US Dollars3

3

Exchange rate as of2 June 2011 of 0.84 Swiss Francs per U.S. Dollar.

A ward Amount (SF)
506,537.50
49,375.00
555,912.50
$ 661,800.60

CLAIMS RESOLUTION TRIBUNAL
[BATCH CCII - ANNEX B

Pursuant to Article 16 of the Rules Governing the Claims Resolution Tribunal, as amended,
(the "Rules"), the Claims Resolution Tribunal hereby certifies as of 2 June 2011 the
following Award Amendment upon Request for Reconsideration for approval by the Court:
Claimed Account Owner Last Name and Claim
Number
Nathan 2211451HS; 4018691HS; 5005761HS;
1.
5005771HS,5015391HS
TOTAL
Total amount in US Dollars 4

4

Original Decision
Type
Award

Exchange rate as of2 June 2011 of 0.84 Swiss Francs per U.S. Dollar.

Appeal
Number
3411

Award Amount
(SF)
0.00
0.00
$0.00

CLAIMS RESOLUTION TRIBUNAL
[BATCH CCII - ANNEX C

Pursuant to Article 16 of the Rules Governing the Claims Resolution Tribunal, as amended,
(the "Rules"), the Claims Resolution Tribunal hereby certifies as of 2 June 2011 the
following Award Denials for approval by the Court:
Account Owner Last Name and Claim Number
1. !Friedrich 2137571MC

Denial Type
Disposition

CLAIMS RESOLUTION TRIBUNAL
{BATCH CCII - ANNEX D

Pursuant to Article 16 of the Rules Governing the Claims Resolution Tribunal, as amended,
(the "Rules"), the Claims Resolution Tribunal hereby certifies as of 2 June 2011 the
following Award Denial upon Appeal and Request for Reconsideration for approval by the
Court:
Claimed Account Owner
Name and Claim Number
1.

Original Decision Type

Pfeifer 218132IBW; 218216IBW
Identification Denial
221280IBW

Decision Type upon
Request for
Reconsideration

Appeal
Number

Summary Denial 1 Insufficient
Evidence

3403/3404

CLAIMS RESOLUTION TRIBUNAL
[BATCH CCI] - ANNEX E

Pursuant to Article 16 of the Rules Governing the Claims Resolution Tribunal, as amended,
(the "Rules"), the Claims Resolution Tribunal hereby certifies as of 2 June 2011 the
following Letter Closing a Claim for approval by the Court:
Account Owner Last Name and Claim Number
1.IHerzfeld 220880; 220881