The Office of Special Investigations: Striving for Accountability in the Aftermath of the Holocaust

617 Pages·2010·24.39 MB·English

The Office ofSpecial Investigations:
Striving for Accountability in the Aftermath ofthe Holocaust
byJudyFeigin
Edited by Mark M Richard
FormerDeputy AssistantAttorneyGeneral
DepartmentofJustice
Criminal Division
December2006
Table ofContents
Page
Preface iy
ChapterOne: The CreationofOSI
i .
Introduction..............................................................................................................
The Beginning.......................................................................................................... 2
Historians............. 21
ChapterTwo: TheLimitsofthe Law
Introduction.............................................................................................................. 33
Statutes and Procedures....................... 35
ChapterThree: Case StudiesofVarious Persecutors and Howthe LawHandled Them
Introduction............................................................................................................... 45
Hands on Persecutors
FeodorFedorenko- "AssistanceinPersecution" Underthe DPA........................... 48
Georg Lindert andAdam Friedrich- "Assistancein Persecution" Underthe RRA 64
Frank Walus- Lessons Learned by OSI.................................................................. 71
EImars Sprogis- WhenAre LawEnforcers Persecutors? , 101
Jacob Tannenbaum- The Kapo Dilernma ,.............................. 106
Edgars Laipenieks - When There are No Good Choices........................................ 117
Juozas Kungys- Whenis Misrepresentation Actionable?...................................... 127
Leonid Petkiewytsch- AnAberrational Loss.......................................................... 134
A10yzas Balsys and Vytautas Gecas - Self-Incriminationin OSI Cases 141
John Demjanjuk- AnAppropriate ProsecutionInitiallyBrought, in Part,
Underthe WrongFactualPredicate........................................... 150
Johann Breyer- AnAmerican Persecutor 175
Propagandists
VladimirSokoloy- APersecutorWho Found a HomeinAcademia 192
Valerian Trifa- A Persecutor Who Found Refuge in His Church 203
Ferenc Koreh- A LifetimeofPropaganda 229
'.
SeniorOfficials
Andrij Artukovic- Justice IntenninablyDelayed.................................................... 239
Otto von Bolschwing- An Eichmann Associate Who Became a CIA Source 259
Karl Linnas- Cold War Politics and OSI Litigation 271
ChapterFour: Protecting OurBorders
Introduction 296
The Watchlist 297
Kurt Waldheim- A ProminentInternational Figure 310
ChapterFive: Alleged U.S. Supportfor Entry ofNazis into the United States
Introduction 330
ArthurRudolph- AnHonored Rocket Scientist... ,.. 331
Tscherim Soobzokov - The Victim ofVigilantes 342
The Belarus Conspiracy- Sensationalismvs. Reality 356
Chapter Six: Expanding Jurisdiction
Introduction 370
Reports
Klaus Barbie- The ButcherofLyons ; 371
RobertVerbelen - AnotherBarbie? 385
JosefMengele- The Angel ofDeath 390
Looted Assets......................................................................................... 406
OSI Goes International
Gennany 424
The Baltics 454
The CommonwealthNations 485
Japan 500
Tracking Persecutors Outside the United States:
Case StudiesofBohdanKoziy and Harry MllnniI... 509
ChapterSeven: Reactionto OSI
Introduction.............................................................................................................. 523
II
.
'.
The Jewish Community............................................................................................ 524
Critics 533
Conclusion ; 556
Appendix 569
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Preface
[T)he Holocaust is one ofthose few issues that the more distant we are from it, the
largerit looms. Each decade since the end ofthe warhas seen greater, not lesser,
attention, and that is an oddity. Thereare very few issues which growin
magnitude as they are further awayfrom the event. This is oneofthem. Perhaps
becauseit isthe ultimate evil, because ittakes so muchtimeto absorb its lessons,
and that those lessons have become universalized in Cambodia, inRwanda,in
ethnic cleansingin the Balkans, the Holocaust has taken onan even greatersense
ofurgency.1
The OfficeofSpecial Investigations(OSI) is oftenreferred to as the government's "Nazi-
hunting" organization? Whilethat monikeris catchy, infact theUnited Statesdoes not seekto
excludeeveryonewho had an affiliation with theNazis, noreveneveryone who fought on their
behalf. OSI's role is to identitY,and to seek removal of, onlythose who assistedtheNazis and
theirallies in thepersecutionofcivilians.
Inthe 1970s, thepublic was shocked to leam that someNazi persecutors had emigratedto
theUnited States. There were callsfortheirexpulsionand legislationwaspassed tofacilitate
their deportation. OSI was created in 1979to handle the caseload.
The obstacles to success were formidable. OSI had toproveeventsdecades old which
were committed thousands ofmiles away, despite the fact that most witnesses had beenkilled
during the war. Manywho survived the warnevertheless died before OSI'sfounding. The
witnesses ultimatelyavailable for testimonyrarelyknewthe names oftheirtormentors.
Moreover, bythe time theywere called upon to bearwitness, theirmemories were fallible. Much
ofthe relevant documentaryproofhad beendestroyed - someinthe rubble ofwar, someby
Nazis intent onobliteratingevidenceoftheirhorrific acts, and some bynewlyliberated camp
inmates who, in the first blush offreedom, wanted to burnthe records oftheirpersecutors. Much
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ofwhat survived was behind the Iron Curtain. Access to this material was extremelylimited
until the Cold War ended- more thana decade afterOSI's founding.
The most frequently asked questions about Nazi persecutors inthe United Statesare:
howmany came? did OSI find most ofthem? and was the government complicitin providing
thesepersecutors a safe haven? OSI's work sheds light, although not definitive answers, onall
these questions.
One ofOSI's early Directors hypothesized in 1984 that approximately 10,000Nazi
persecutors had emigratedto the United States.3 Inretrospect, thatestimate seems high. In
1984, the Cold War was at its height; onecouldonlyspeculateabout informationin Soviet
archives. We nowhave accessto thousands ofnames not availablethen. Runningthose names
tfuOughcomputeriridicesofpersonsm~theUnited States(aresearch technique also notavailable
in 1984)hasnot led to anywhere near 10,000"hits.'>4
The 10,000 figurehasenduring significance, however, becauseit has been widely
reported.' To the extent thatpeople believe it, it unfortunately suggests thatthe number ofcases
handled byOSI- approximately 130- is de minimus.6 However, thatnumber, which includes
three cases that reachedthe Supreme Court, should beplacedin context. There is enormous
difficulty in marshaling the evidencefor these prosecutions, many subjectsdied before
investigation was complete,7 the casestakeyears to litigate to completion, and the office is
smalJ.l As ofthis writing, more than 25 years afterOSI's founding, 83 persecutors have been
denatura1ized; sixty-two have left the countrypermanentlyas aresult ofOSI's work.9 More than
170havebeenprevented from entering at all.
The disparity between the numberofcases filed and the numberofdefendants who left
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the countryis due to a varietyoffactors. Severalcasesare still in litigation. More than20
defendants died while theircases were pending. Some cases were settled- generally becauseof
health issues- with the governmentagreeing notto pursuedeportation eventhoughthe faets
would have warranted it. The government did not prevail in afew cases, and ahandful of
defendants who have beenordered deportedremain inthe United States because no othercountry
is willingto accept them.
''Nazi hunting" so manyyears afterthe waris dramatic, tedious and difficult. It calls for
the prosecutorial collaboration ofIitigators and historians. Becausethe work is so unusual, and
the moral content so profound,the DepartmentofJustice determined thatthe history ofthe office
itselfshould bedocumented. Thisreport is theresult ofthat determination.
Inpreparing a report ofthis type, there is inevitablythe question ofwhat, and howmuch,
to include. Anyreader interested in the full scopeofthe litigation handled bythe officeshould
tum to theAppendix at the conclusionofthis report. It lists everycasefiled, the charges made,
and the Iitigativeoutcome. The bodyofthe report details onlya samplingofthe cases. They
were chosenas representative ofa typeofcase,orofaparticularissue, important to
as
understanding the work of I.
Although OSI's litigative losses are few, virtually all are discussed.1O This was done for
two reasons: (I) to avoid any suggestion thatthe report is designed to aggrandize the office's
record; and (2) because the losses are rare, almost all present unique issues worthy ofcornment.
Thehistory ofOSI involves more than its cases, however. Although initially conceived
solelyas a litigating unit, OSI's mandatehas expanded overtheyears. As a repository ofWorld
WarIIknowledge, the office has been called upon by various parts ofthe governmenttoprepare
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reports and to assist in non-Iitigative matters concerning the Holocaust. Thereports, all ofwhich
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are detailed herein, involve World War issuesrelevant to the nation andto the world
community.
While the casesandprojectsare individuallyfascinating, this report was notwritten
simply torecount a series ofunrelated but interesting undertakings. It is designed to serve as a
teaching and research tool for historians, the media, academics, policy makers and the general
public. The project will hopefullyprovokediscussion about some ofthe legal and moral issues
involvingprosecutionofthose involved withthe Holocaust. Among the questions: what kind of
behaviorconstitutes assistance inpersecution? howdo people become involved ingenocidal
activity? did theyhave viable alternatives? ifnot, should thatbea factor in determining whether
they are allowed to stayinthe United States? how should societyhandle them, 30,40, 50years
afterthe fact? does the passage oftime affecttheirabilityto refute the charges? And what is
society'sgoal in bringingthese cases? should itbeto punish? to establishpersonal
accountability? to educate future generations? to present a historical record? Whateverthe
goals, how can they best be met?
The issuesare legion. While one would hope that the Holocaust was suchan aberration
that its like would neverrecur, the world has sincelearned ofnew and horrific genocidal
undertakings. Bosnia, Cambodia, Croatia, Iraq, Rwanda, Serbiaand Sudan are amongthe all
too-many countries involved. These societies will inevitablyhave to confrontsomeofthe same
issues which faced OSI. The United States as well will have to revisit some ofthe issues as it
determines howto treat those newpersecutors who have emigrated to this country. Itis the
Department's hope that this report will help bring someofthe matters into focus, both for
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historical accuracy as well as to provide some guidance on howto respond to the inevitable
repetition ofpersecution.
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I. S. Eizenstat, Keynote Address, 25 FordhamInt'I 1.J. 205,208 (2001).
2. E.g.,"RacingAgainst Time," byAngie Cannon, The MiamiHerald, Nov. 2,1996; ''Nazi
Hunters are Still at War," byRick Atkinson, The WashingtonPost,Aug. 27,1995; ABC-TV
News, March 25,1995 (describingOSI as"themost successful governmentNazi-hunting
organizationon earth.")
3. Allan Ryan, QuietNeighbors (HarcourtBrace, 1984),pp. 26-27. Ryan acknowledgedthat
the figure was speculative. His calculationwas based onthe fact that approximately400,000
emigres had beenadmitted underthe DisplacedPersons Act. Thatstatutefavored persons inthe
Balticstates and Ukraine,two regions rife withNazi collaborators. Becausethe visa screening
process was woefully inadequate(see pp. 36-37),Ryanpostulated that 10%ofthose admitted
had beencollaborators. Not wantingto beaccusedof "beinghysterical onthis subject," he
halved thepercentage and thenhalved it yet again. Thefigure thus calculated was 10,000.
Recorded Ryan interview. Oct. 6, 2000. (Ryan's calculationsdo not includeanyadmittees
underthe Refugee ReliefAct, underwhich another200,000personsenteredthe country. Very
few ofthose admittees were from the BalticsorUkraine.)
4. Ofcourse, not all persons whoparticipated inthe Holocaust are listed on rosters and the
government does nothave all relevant rosters in any event; many are missingorincomplete.
Moreover, the numberof"hits"doesnot correlatedirectly withprosecutablecases. Many
subjects died before OSI learned theirnames. Some hits are cases ofmistaken identity; in others
there is no evidenceor insufficientevidenceofpersecution. Althoughwehavenoreliable way
ofdetermining the precise numberofNazi persecutors who entered the United Statesafter World
WarII, OSI has investigated approximately 1,500persons since itsfounding in 1979.
That numberoverstates the universe ofknownpotentiallyviable clllles, however: Before
1988, amatterwas "opened"as an OSI investigationas soonas a match (orsometimesa near
match) was found between aname in INS files and a name onan OSI source list. Inmany
instances, it turned out that the person was dead, the near-match was not an actual match, orthere
wasno reasonable basis to believe the individual was involvedinpersecution. After 1988, OSI
generally"opened" a case onlyafter it was clearthatthe subject was alive and living inthe U.S.
(ora U.S. citizenliving abroad), the match wasproper, and there was areasonable basis·to
believe he had been involved in acts ofpersecution.
5. E.g., "As Suspected Nazi Cases Dwindle, Government to Cast WiderNet," byDavid Porter,
AP, Feb. 27, 2005; "Unforgiven, Michael Gruber CanNeverEscape hisNazi Past," byKatherine
Marsh, The LosAngeles Times Magazine, June 17,2001;"FiledAway, As America's Last
Hidden Nazis are Pursued, SilentWitnesses Emerge to TestifYfrom Long-Hidden Soviet
Archives," by Joseph Slobodzian, The PhiladelphiaInquirerMagazine, May 13,2001;"Probers
Race Against Time in Hunt for Fugitive Nazis," by Adam Piore, The Record(Bergen Co., NJ),
Aug. 10, 1997; ''Nazi Hunters Sift Aging Archive," by Angie Cannon, The Charlotte Observer
(No. Car.), Oct. 13, 1996; "Holocaust'sLast Chapter; Hunt forNazis ContinuesAs Clock Winds
Down,"AP,Apr. II, 1995;"TheNazis Among Us," byDavid Friedman, Newsday (New York),
Feb. 22, 1995; "As Time Runs Out, Hunt for Nazis Speeding Up," byMatt O'Connor, The
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