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Inside a Class Action: The Holocaust and the Swiss Banks PDF

305 Pages·2003·1.042 MB·English
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INSIDE A CLASS ACTION INSIDE A CLASS ACTION THE HOLOCAUST AND THE SWISS BANKS JANE SCHAPIRO        The University ofWisconsin Press 1930 Monroe Street Madison, Wisconsin 53711 www.wisc.edu/wisconsinpress/ 3 Henrietta Street London WC2E 8LU, England Copyright © 2003 The Board ofRegents ofthe University ofWisconsin System All rights reserved 1 3 5 4 2 Printed in the United States ofAmerica Library ofCongress Cataloging-in-Publication Data Schapiro, Jane. Inside a class action : the Holocaust and the Swiss banks / Jane Schapiro. p. cm. Includes bibliographical references and index. ISBN 0-299-19330-6 (cloth: alk. paper) 1. Trials—New York (N.Y.). 2. Class actions—New York (N.Y.). 3. Unjust enrichment—United States. 4. Holocaust, Jewish (1939–1945). 5. Banks and banking, Swiss. I. Title. KF228.H65 S52 2003 347.73´53—dc21 2003005663 Terrace Books, a division ofthe University ofWisconsin Press, takes its name from the Memorial Union Terrace, located atthe University ofWisconsin–Madison. Since its inception in 1907, the Wisconsin Union has provided a venue for students, faculty, staff, and alumni to debate art, music, politics, and the issues ofthe day. It is a place where theater, music, drama, dance, outdoor activities, and major speakers are made available to the campus and the community. Tolearn more about the Union, visit www.union.wisc.edu. For my father, who believed in the value of this story, For my mother, who believed that I could write it, and for Scott, whose encouragement allowed me to believe in both. Here and there people wanted to know everything about all aspects of what we so poorly call the Holocaust. Yet, somehow its simple economic aspect seems to have been utterly neglected. Why? Is it that we all felt the memory of the tragedy to be so sacred that we preferred not to talk about its con- crete, financial, and material implications? Is it that the task of protecting the memory was so noble, so painful, and so urgent that we simply felt it undignified to think of anything else—and surely not of bank accounts? In truth, wefeel reticent to talk about it even now. —Elie Wiesel, Washington Conference on Holocaust-Era Assets, November 30, 1998 Contents Acknowledgments xi Introduction 3 1 Winds of Truth 7 2 Looking Back 27 3 Plaintiffs Speak 52 4 The Devil’s Bridge 72 5 An Uneasy Alliance 86 6 ARough Calculation 106 7 Arguments and Motions 127 8 The Hearing 147 9 Stucki’s Ghost 168 10 A Victims’ Fund 187 11 A Separate Peace 205 12 Money Dance 218 13 An Accounting 233 14 The Reckoning 252 Epilogue 261 Postscript 271 Notes 275 For Further Reading 285 Index 287 ix

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