130
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The Case
against ZABA WIDENS |
130.010
130.020
Pašk
Kačinari Files Complaint to the Croatian Agency for the Control of
Financial Services (HANFA)
130.030
130.040
130.050
History of ZABA, 1914-1984
130.060
Pašk Kačinari's Letter to the President of the
Republic of Croatia, Asking for State Action against ZABA Robber
Barons
130.070
Pašk Kačinari's Letter to Ivica Račan,
president of the Social-Democratic Party of Croatia and former
Croatian prime minister
130.080
Denunciation of the fraud to the European Anti-Fraud Office (OLAF)
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130.010
Pašk Kačinari
Officially Informs the Republic of Croatia of its Rigtful
Ownership of ZABA Shares
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130.010.010
ZABA was a bank originally
founded under the Communist regime and, thus, was owned by the
state. The legal successor of all such property is the Republic
of Croatia. Since no state body of the Republic of Croatia was
ever involved in the transformation and privatization of ZABA,
the bank must necessarily be treated as state property - with
the exception of the shares of the
"Gavrilović" meat pricessing company, whose legal standing
was confirmed by the Court, which sold the entire company, with
all its rights, to Mr. Georg Gavrilovich, and the exception of
the shares belonging to Mr. Pašk Kačinari,
who invested his own private capital into the bank's founding
capital.
For this reason, Pašk
Kačinari is herein proposing to the State to precisely determine
the number of shares that belong to the "Gavrilović" company, as
well the number of shares that belong to Mr. Pašk Kačinari
(which amount has already been determined by court experts),
with the remainder being the property of the Republic of
Croatia. In the process, Mr. Pašk Kačinari is entitled to
compensation for the found property according to Law, having
found the lost property of the Republic of Croatia. Mr. Pašk
Kačinari has decided to give up 10% of this finder's fee in
favor of the Fund for Croatian Homeland War Veterans and their
families.
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130.010.020
Letter by the President
of the Republic of Croatia
President of the Republic of
Croatia, Stjepan Mesić, has written to Mr. Pašk Kačinari, via his
Office for Public Relations, that he has studied and taken under
consideration Mr. Kačinari's Report on the Ownership Rights of the
Republic of Croatia to the shares of ZABA.
This means that, through his authority, he must not allow for the
State to lose its legal rights to shares under its ownership.
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130.020
Pašk Kačinari Files Complaint to the Croatian Agency for the
Control of Financial Services (HANFA)
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130.020.010
HANFA was formed in November
2005 and, beginning with the spring of 2006, has begun
carrying out measures aimed at instituting law and order into
the Croatian financial system. This filing is HANFA's first
serious case, on the basis of which it shall be established
whether the newly-formed agency represents a path toward
solving Croatia's problems and, by extension, the Kacinari
case, or whether it is simply yet another in a series of
administrative facades behind which some other interests are
hiding.
Since a
new institution has been established in the Republic of
Croatia, charged with overseeing the legality of trading
in company shares - HANFA (Croatian Agency for Oversight
of Financial Services), Pask Kacinari has reported to it
illegalities in the trading of ZABA shares. As we are
faced with a situation that a commercial papers - i.e.
ZABA shares - have appeared in the Croatian capital
markets, and that their issuer, ZABA, cannot furnish proof
of how they were issued, and how they were transformed
from state-owned to private shares, and, moreover, that
ZABA cannot in any way prove how many shares it was
supposed to emit and on what basis, and that it is not
known, even to the auditor of ZABA, how many shares ZABA
has put away in its treasury, it is obvious that the trade
in the shares of ZABA is illegal.
Besides the Croatian Central Bank, the most
responsible institution in this regard is, in fact, HANFA.
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130.020.020
HANFA Invites Pašk
Kačinari to Meeting
In relation to a legal complaint concerning the trading in shares
of ZABA, director of the Croatian Agency for Oversight of
Financial Services (HANFA), Ante Samodol, invites Pask Kacinari to
a meeting on May 3, 2006.
No minutes were kept at the meeting. Nevertheless, at the meeting,
Ante Samodol acquainted Pask Kacinari with a report by Croatian
Central Bank governor, Zeljko Rohatinski. The full name of the
report is:
"REPORT ON THE PROCESS OF FOUNDING, OR
TRANSFORMATION OF BANKS INTO STOCK COMPANIES OR LIMITED LIABILITY
COMPANIES, WHICH WAS CARRIED OUT ON THE BASIS OF THE LAW ON BANKS
AND OTHER FINANCIAL ORGANIZATIONS" which was submitted to the
president of the Croatian parliament by the Croatian Central Bank
governor, by an act of July 18, 2005, which Pask Kacinari promptly
obtained and posted on this website.
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130.020.030
Pašk Kačinari
submits to HANFA director Report by the Governor of the
Croatian Central Bank (HNB)
As soon as he obtained the HNB governor's Report, i.e.,
"Report on the
process of founding, i.e. transformation of banks into stock
companies or limited liability companies, which was carried
out according to the Law on Banks and Other Financial
Institutions,"
which was submitted to the president of the Croatian
parliament by the governor of the Croatian National Bank, by
an act of July 18, 2005., he submitted the same Report to
HANFA director Ante Samodol. In the process,
Pašk Kačinari underlined that it can be seen from this
Report that the Republic of Croatia literally has no
knowledge, i.e. "has no papers" about how it was that ZABA,
from a state-owned bank, became a "private" bank, i.e. that
the State has no knowledge about how its most valuable piece
of property literally disappeared from the state portfolio,
without a single cent of compensation. In addition, Pašk
Kačinari points out to HANFA director Ante Samodol that the
Report by HNB Governor Željko Rohatinski makes it clear that
the trade in ZABA shares is illegal, and that, along with HNB,
HANFA is the most resposnible agency for ensuring the legality
of the trade in ZABA shares.
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130.020.040
As the only body of the
Republic of Croatia charged with oversight of the lawful trade in
commercial papers of ZABA, HANFA is relinquishing its authority
The Croatian Agency for Oversight of Financial Services (HANFA)
has eliminated the possibility for executing oversight over the
legality of the trade in ZABA shares on the territory of the
Republic of Croatia, by which it has clearly admitted that, in
relation to ZABA shares, the Republic of Croatia does not function
as a legally ordered and sovereign state.
In this way, ZABA has been placed outside of the control of the
legal control of the state on whose territory it is registered.
Since ZABA has integrated with German insurance giant "Allianz
A.G." and Italian bank "Unicredito Italiano S.p.A., the illegality
of trading in ZABA shares, regarding which the Republic of
Croatia, by way of HANFA, has renounced all oversight, has in this
way spread to the West, i.e. to the global capital markets. |
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130.030
Pašk Kačinari Files Complaint to the Department of Crime
Problems, Council of Europe
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130.030.010
Pašk Kačinari
Files Complaint to the Department of Crime Problems, Directorate
General of Legal Affairs, Council of Europe
Complaint regarding the false disclosure of share capital by a
foreign corporation, “ALLIANZ” A.G., Munich, Germany to the
NYSE, based on the violation of stock ownership rights of Mr.
Pašk Kačinari, Zagreb, Croatia, shareholder of
"Zagrebacka banka" d.d., Zagreb, Croatia, acquired by a
Consortium consisting of ‘ALLIANZ” A.G. and “UNICREDITO
ITALIANO” S.p.A. Milan, Italy. |
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130.040
Pašk Kačinari reports the rights of the
City of Zagreb to shares of ZABA
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130.040.010
Pašk Kačinari reports
the rights of the City of Zagreb to shares of ZABA
ZABA originally
came about through a merger of the City of Zagreb communal
bank and the Jugobanka branch in the Republic of Croatia.
This means that the City of Zagreb, by the fact of being a
co-founder of ZABA, is also one of its shareholders.
Thus, on September 13, 2006, Pašk Kačinari submitted to the
City of Zagreb proof of its rights to ZABA shares,
requesting the initiation of legal proceedings that would
confirm these rights. In the process, Pašk Kačinari
underlined his title to 142,576 ZABA shares, as well as the
titles of the "Gavrilovic" meat-processing company. Thus,
Pašk Kačinari has requested the status of Party in the
process of establishing the rights of the City of Zagreb to
ZABA shares, and that the process include the establishment
of the rights to ZABA shares of the City of Zagreb, Pašk
Kačinari, and "Gavrilovic."
In the
process, Pašk Kačinari has pointed out that he has located
for the City its lost property, and, on the basis of the
law, has submitted a finder's claim in the amount of 10%
of the found property - the shares of ZABA - for the
benefit of the Republic of Croatia, One tenth of this
finder's claime (i.e. 1% of the total State property so
found), Pašk Kačinari shall transfer to the Fund of
Croatian War Veterans and their families.
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130.040.020
The City of Zagreb
Renounces its Rights to ZABA Shares and Real Property Usurped by
ZABA
The Zagreb City
Administration, represented by the undersigned Ninoslava
Zekovic, Deputy Director of the Property-Legal Section, has
signed a decision by which it has renounced the possibility for
the competent City of Zagreb bodies to determine the City's
rights to ZABA shares and real property usurped by ZABA.
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130.040.030
Jutarnji list:
An article
from the Zagreb daily "Jutarnji List" of November 13, 2006, in
which ZABA explicitly admits that it was created through the
merger of the former Zagreb City Savings Bank (Gradska
Stedionica), which was the city's own bank in communist times, and
Serbian-based Jugobanka's Croatian branch.
Accompanying the
article is a photo of ZABA's building on Jelacic Square (Jelacicev
trg br. 10) in Zagreb, which was built by the moneys of the City
of Zagreb during the 1930s, and, subsequently, by a decision of
the People's Committee of the City of Zagreb of 1953, incorporated
into ZABA as capital invested by the City of Zagreb into its own
communal bank.
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130.050
History of ZABA, 1914-1984 |
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130.050.010
History of ZABA,
1914-1984
This document
shows a detailed history of ZABA, from its beginnings in
1914, as the Zagreb City Savings Bank ("Gradska štedionica
Grada Zagreba"), to 1984. From this document it can be
clearly seen that:
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ZABA was
founded by the City of Zagreb, as the city's own communal
bank (pp. 8-12),
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That, under
the name of City Savings Bank (Gradska štedionica), ZABA
continued to function after World War II, i.e. after the
nationalization of the banking sector (pp. 19, 25),
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That, through
the decentralization of the banking industry, ZABA once
again became the communal bank of the City of Zagreb,
which can be seen from the decision of the Peoples
Committee for the City of Zagreb, which incorporated into
ZABA the building located at Jelacicev trg 10, and named
the executive board of Gradska štedionica, one of whose
members became Stjepan Mikša, whose son, Branko Mikša, was
the mayor of Zagreb and a minister in the Croatian
government during the 1990s, and is today a member of the
suupervisory board of "Agrokor d.d." companu (pp. 31-32,
34),
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That in 1966
Gradska štedionica merged with local communal banks from
northwestern Croatia into the Zagreb Credit Bank (Kreditna
banka Zagreb), with the majority of the latter's capital
being in fact the capital of Gradska štedionica, the City
of Zagreb's communal bank, which retained its
organizational autonomy within Kreditna banka Zagreb (p.
40),
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That, in the
process, the capital that the City of Zagreb had
incorporated into Gradska štedionica had now become a part
of Kreditna banka Zagreb, including the building at
Jelacicev trg 10, and the building in Paromlinska 2, which
buildings are today the offices of the entire ZABA
management, with the chief management being seated at
Paromlinska 2 (p. 42-43),
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That on
December 14, 1977, a merger was carried out between
Kreditna banka Zagreb and Jugobanka - Main Bank in Zagreb,
forming today's ZABA (as of January 1, 1978). The document
clearly shows that all of Jugobanka's real property was
transferred to today's ZABA (pp. 42-43).
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130.060
Pašk Kačinari's Letter to
the President of the Republic of Croatia, Asking for State Action
against ZABA Robber Barons
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130.060.010
Pašk Kačinari's
Letter to the President of the Republic of Croatia, Asking for
State Action against ZABA Robber Barons
In his letter to
the president of the Republic of Croatia, Mr. Stjepan Mesić,
of Nov. 30, 2006, Pašk Kačinari, among other things, points
out that the group of people that transferred ZABA shares to
their own names are actually a "fifth column," which has
"stuck a knife in Croatia's back," thus acquiring properties
worth billions of euros, while economically mutilating
Croatia.
The letter also points out that ZABA "pushed" into bankruptcy
almost all of its 1287 original founders, as well as many
other economic entities, and, by way of these bankruptcies,
acquired possession of the founders' real estate properites
throughout Croatia. The letter also underlines that the entire
so-called "construction lobby" in Croatia is essentially tied
to ZABA, as it is constructing new objects on real properties
that ZABA has snatched through the forced bankruptcy process.
It is further pointed out that the former "Varaždinska banka"
bank has also been fused to ZABA. This bank was, like ZABA,
never privatized, but nevertheless became private. It was
through this bank that some quite "strange" privatizations in
the Varaždin Region were carried out during the 1990s, in
which the Republic of Croatia was damaged for huge sums of
money.
Kačinari further points out that those that have been serving
as a front for the stolen money, Unicredito and Allianz, are
now "fleeing", transferring the now-rather-uncomfortable ZABA
shares to a significantly smaller Austrian bank, who will now
serve as the nominal owner. However, this bares the robbery
wide open, because it becomes obvious that ZABA has no true
foreign owner, which means that the illegal situation around
ZABA can no longer be ignored.
Finally, Pašk
Kačinari concludes that the precondition for establishing a
legal state in Croatia is the clearing up of the situation
around ZABA, and the return of Croatia's stolen property.
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130.070
Pašk Kačinari's Letter to
Ivica Račan, president of the Social-Democratic Party of Croatia
and former Croatian prime minister |
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130.070.010
Pašk Kačinari's
Letter to Ivica Račan, president of the Social-Democratic
Party of Croatia and former Croatian prime minister
The Social-Democratic Party (SDP) is the ruling party in
Zagreb, headed by Mayor Milan Bandić. Since the local Zagreb
city organs have not reacted to Pašk Kačinari's reports of
their own rights, Mr. Kačinari has decided to inform the SDP
president about the city's rights. While the SDP and its
president are formally advocating a clearing up of the wartime
pillaging of Croatia and an extension of the legal expiration
dates for the prosecution of war profiteering and pillage,
SDP's local power-holders in Zagreb are not
reacting to a documented report about a pillage whos
victim was the City of Zagreb itself, which has the rights of
reclaiming the stolen property. Pašk Kačinari sees in this the
hand of a local clique at the Zagreb city level and that
clique's sabotage of the SDP president himself. Thus far, Pašk
Kačinari has not named any names, leaving it to the president
of the SDP to determine the names of local SDP office-holders
who are obstructing the righs of the City of Zagreb and
damaging the interests and reputation of the SDP itself.
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130.080
Denunciation of the fraud to the European Anti-Fraud Office
(OLAF) |
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130.080.010
Denunciation of
the fraud to the European Anti-Fraud Office (OLAF)
European financial institutions
(UNICREDITOITALIANO, BANKAUSTRIA, ALLIANZ) act or acted as
the nominal owner of ZABA, and in fact they are not, and
were not the owners at all. These institutions registered
ownership of the bank what has falsified Balance book.
Therefore these facts proved the existence of the fraud and
other serious irregularities which have impact on the EU
budget, as well as the serious misconduct on the part of
members or staff of European institutions, so The European
Anti-Fraud Office (OLAF) is competent for the case.
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