How much has to be paid to be appointed Patriarch?
Secrets
and Lies
A
stinking deal covered by the Government, the appointment of a controversial
Patriarch in exchange for payment, betrayal of collaborators, abandonment of
strategic assets, massive fraud and deception. And money, a lot of money. The
dark story that the Jewish National Fund and the Government of Israel will want
very much to forget
"Sin
is a thing that writes itself across a man's face. It cannot be concealed.
People talk sometimes of secret vices. There are no such things. If a wretched
man has a vice, it shows itself in the lines of his mouth, the droop of his
eyelids, the moulding of his hands even...." (Oscar Wilde, The Picture of
Dorian Gray)
This
dark tale, tells something about the internal ethics of deception, the sin that
becomes the values that drive the strategy, and the uncontrollable passion that
sometimes is both the crime and the punishment. Not only can wealth go against
its owner, sometimes sophistication and polish does. From another angle, it is
also an amazing story about the infinite elasticity of the facts, the
virtuosity of the narratives. This story, however you turn it over, cannot be
solved. It is like a huge Hungarian cube. You can read it naively or read it in
a sophisticated manner. On can easily be convinced to believe everyone and be
convinced by the internal logic of each of the conflicting descriptions, and it
is possible not to believe anyone and see them all as crafty crooks who know
how to manipulate those around them to satisfy their needs. You can see how
blind desire decides the fate of the individual and how the wheel turns and
each plays the role written for him, and you can also see the effort of the
individual characters “to bring out dear from cheap” and do some good in the
region of Sodom.
Legal
Vertigo
When
I went last month to a hearing in the courtroom of Judge Moshe Bar-Am in the
Jerusalem District Court a light vertigo grabbed me. The small courtroom was
crowded with lawyers in black robes. Many lawyers were crowded on benches,
standing in the aisles, pushed behind the door. One in his distress even
thought to sit next to the court reporter’s table. The first impossible task
was to try to map out the scene. Figure out who belongs to the plaintiffs, who
with the defendants, who belongs to the long list of third parties involved in
this “mega – case”. When the picture began to become clear the vertigo turned
to nausea. This surreal story, it was discovered, is tainted by a lot of dirty
political religious and real estate intrigues.
Crimes, wrongs, secrets and lies, and of course money. A lot of money.
Church
real estate
To
understand the recent events you have to go back and remember one of the
largest fraud episodes in recent years, called "The Patriarchate
File" The following facts are described in the criminal verdict given by
the Jerusalem District Court. Here are the main players:
Greek
Patriarch - Orthodox Diaodoros Kriblis (died 2000): The Greek - Orthodox Church
which Diaodoros served as the previous representative on earth of Jesus does
not deal only with at mass, sacraments and worship, but functioned also one of
the strongest and important major holder of real estate in the country. How
important? Here's an example: The area on which the Knesset, most of the
neighborhoods of Rehavia and Talbieh, the train-station compound, about 20% of
the area of the Old City and more are just a small part of the great real
estate treasures held by the Church.
The
Jewish National Fund: JNF stepped in the picture due to an area of about 520 acres in Rehavia and
Talbieh, which was leased in the middle of last century by the Patriarchate to
the JNF for 99 years with an option to extend thereafter. JNF transferred lease
rights in the land to the Israel Lands Administration, which sub-leased to
third parties. Many houses and apartments were built on the land within which
resides, among others, the cream of academia and the political system, and they
became one of the desirable and expensive neighborhoods in the country. The
Patriarch Diadoros was pressured heavily by the Palestinian Authority, and the
JNF feared greatly that the Patriarchate will raise difficulties and would not
allow the continuation of the lease at the end of the period. To this was added
the fact that the representative of Jesus was elderly and sick, and there was
concern that he would sign irreversible documents with Palestinian officials.
She
demanded the money in cash
Attorney
Yaakov Weinroth: in 2000 the leading
attorney approached the Ministers of Finance and National Infrastructures as
representative of two clients, Yaakov Rabinowitz and David Morgerstern, who
acted in this case like the merchants in the story of the emperor's new
clothes. Weinroth told ministers that his clients have ties with the
Patriarchate, and they are able to solve the problem of land in Jerusalem. The
proposal was that in consideration for one payment to be made in advance the
Patriarchate would lease the land to a foreign corporation controlled by the
client for a period of 999 years. This corporation and the client would act as
trustees of the Himnuta company, which is a subsidiary of the JNF. The foreign
corporation, established specifically for the deal by Mr. Weinroth and
controlled by Rabinowitz, was designed to overcome the political sensitivity of
doing a real estate deal directly with state agencies, and with the objective
to blur the connection to the state authorities and the JNF. Weinroth explained
the need for great secrecy and to pay the money in ways not acceptable -
payment in cash, without receipts. The state agreed and lent $ 20 million to
the JNF, which was transferred to Himnuta for the transaction.
The
amount was transferred by bank transfer to the account of Mr. Weinroth, who
handled the transaction and acted as the trustee regarding the transfer of
funds. The plan was that Weinroth would pay the Patriarchate with bank checks,
after received the documents of the deal signed by the Patriarch. Of the said
amount $ 16 million were to go to the Patriarch and the Patriarchate, and the
rest, some $ 4 million, were fees to attorneys, brokers and more.
After
delays and postponements the parties were summoned to sign the contract on Friday,
-14.4.2000. Present were Rabinowitz and Morgerstern, Attorney Abraham Perry,
whose job was to certify the signature of the Patriarch as notary, Attorney
Yaakov Weinroth, Attorney Avi Weinroth (brother), Dr. Bruno Ostfeld, family
doctor of the Weinroth family, who was supposed check the fitness of the sick
Patriarch to engage in the transaction, and the JNF representative Mr. Tanuri.
Not
everyone came
When
all the groomsmen came to the home of the Patriarch, Rabinovitch asked the
Weinroth brothers and Mr. Tanuri to wait in the sitting room. He explained that
the present condition of the Patriarch made it completely impossible for them
all together to go up to his private quarters. Rabinowitz showed those present
the transaction documents when they have two seals, but still no signature of
the Patriarch. The line of the transaction amount was empty, and Morgerstern
wrote in the appropriate amount - $ 16 million - and the date of the
transaction. Then Rabinowitz himself and Dr. Ostfeld went up to the Patriarch's
room, and later Attorney Perry. The Patriarch was in his bed. Then the three
came down, and this time they had documents with them with the two stamps and
also the signature that was said to be of the Patriarch. Dr. Ostfeld confirmed
that the Patriarch was fit to carry out the land deal. Mr. Perry announced
solemnly that the documents were signed in his presence (I later learned that
he did not come into the room) then Rabinowitz gave Attorney Weinroth the
transaction documents, that had allegedly been signed shortly before then. At
this point Attorney Weinroth also went up to the Patriarch, thanked him in
English about the deal without detailing its content, and the Patriarch on his
part said (in English) "Yes, yes, come again". Mr. Weinroth gave to
Rabinowitz, the checks in the amount of $ 16 million.
"The
most sophisticated fraud case"
When
representatives of the JNF went to the offices of the Lands Registry to record
a warning on the property they discovered to their astonishment that the
Patriarchate representatives opposed the registration and claimed that they
never received the money and that the Patriarch had not signed the contract.
"Follow
the Money" was the advice given by "Deep Throat", the FBI agent
who brought about the exposure of the famous Watergate scandal to the two
Washington Post reporters who investigated the case. This advice was most
helpful - Two reporters followed the money route, which led the way to the
president of the U.S., Richard Nixon, and to crack the case.
Here
too, the police investigated, followed deposits funds in Europe, and served
harsh indictments against Rabinowitz and Morgerstern. It turned out that the
majority of the money was pocketed by the middlemen. At the end of a lengthy
legal procedure the District Court held that "this was the most
sophisticated fraud case of the fake execution of a huge deal in land",
condemned the middlemen in a variety of serious charges, sent them to jail and
imposed heavy fines on them [Criminal Case 1071/01 .] The convicted appealed
the Supreme Court. Appeal resulting in an extension of Rabinowitz's prison term
with a certain reduction in fines imposed on him. Morgerstern appeal was
rejected in part and accepted in part. Either way, the Supreme Court accepted
the decision of the District that the transaction had taken place with
deception and deceit [according to 4354/08]. Finally, the land remained in the
hands of Patriarchate and the JNF lost the money.
Dubious
dismissal
After
the death of Diaodoros the Synod (the supreme council of the Church) convened
in 2001 and Irineos the First was appointed as the Patriarch. For two years,
Sharon's Government failed to recognize the appointment because it feared the
pro-Palestinian position of Irineos, and as the Patriarch role is analogous to the
role of Qadi and head there is no validity without Government approval. In
January of 2004, Irineos was recognized by the Israeli Government.
Contrary
to concerns, Irineos cooperated with the Jews.
The Palestinians were furious
when they discovered in March 2005 that he had he sold large properties in the
Old City to companies associated with Ateret Cohanim. Church leaders convened,
and in June 2005 the members of the Synod decided to dismiss Irineos and
demoted to a junior monk. In his place they appointed Teofolos Inofolos as the new Patriarch. We will try to
understand later who was pulling the strings behind the scenes of this
appointment. Since then Irineos has been imprisoned in a small room in the
Patriarchate, unable to leave or communicate with the outside world. He
receives his food via a basket which he pulls up by a rope every day from a
Christian Arab family that feels sorry for him. His only contact with the
outside world is via his lawyer. The Israeli Government has never taken
responsibility and has not tried to intervene or help him even though he
cooperated with the Jewish People and the land he sold to Jews is of strategic
importance.
Incidentally,
dismissal of a ruling Patriarch has been never happened since the founding of
the Greek - Orthodox Church in 1054, and is contrary to Church law according to
which the Patriarch has divine spiritual authority and lifetime tenure.
Unexplained
recognition
Prime
Minister Ariel Sharon had strongly objected to the removal of Irineos and would
not recognize Teofolos as his substitute. As a result, Teofolos had no
constitutional authority regarding the Church's assets. But on 16 December
2007, two years later, the Olmert Government decided to recognize Teofolos the
Third as Patriarch (Resolution 2775). Since his appointment, the new Patriarch
began in the courts to deny the transactions Irineos made with companies linked
to Ateret Cohanim. He argued through his lawyers that they were not authorized,
and are invalid.
The
story is not over. JNF filed for a huge claim in the amount of NIS 80 million
against attorney Yaakov Weinroth, claiming he was responsible for the failure
of the first transaction from which they had suffered great financial losses.
At the same time, six months ago Teofolos sold the land lease rights for land
in Rehavia and Talbiyeh to a group of U.S. investors led by (or mediated by)
the Noga Ben David family.
Up
to here is a summary of events that are known and published, and from here we
move on to the new discoveries in the affair.
The
dubious deal
At
a hearing held last month in Jerusalem District Court Alon Yoeli, the attorney
representing the JNF stood at the dais. Yoeli argued before Judge Moshe Bar Am
that JNF claims from then Patriarchate a total of $ 13 million (!), a asked to amend
the Statement of Defense of the JNF in the case in which the Patriarchate
demands to completely cancel the agreement from 2000 and all actions taken
pursuant thereto.
According
to Yoeli, between the JNF and the Patriarchate there was a secret pact, according
to which the JNF would claim that the transaction in 2000 was proper, but it
would be prepared to give up its rights to the land and leave it with the
Patriarchate in return for compensation of $ 13 million to be paid it by the
Patriarchate.
This
argument struck me as most odd: after all the District Court and the Supreme
Court ruled in a criminal verdict that the story was one big scam, pure
baloney! Although the stamps were authentic the Patriarch himself did not sign
and the signature on the document was fake. So why did the JNF have to
"give up" land? And why suddenly did the Patriarchate agreed to pay
it a sum so high on a deal that had never taken place? Immediately after the
hearing I tried to get an explanation from the lawyers but they all remained
silent.
To
find out what happened we submitted an application to the court to review the
case. Permission came after a lengthy discussion with the spokespeople of the
courts. One damp and steamy morning I arrived at the District Court on Salah -a
Din and I received a huge trunk of the case to review on the bench in the
corridor. My time was short. I started poking around quickly at the thousands
of documents that crowd the portfolio, looking for the important document, and
the timetable of the case.
And
what was discovered? The secret agreement! And alongside it was also filed the
secret correspondence between the Patriarchate and the JNF.
It
turns out that since the beginning of 2006, after the ouster of Irineos and the
election of Teophilos, secret negotiations were held between representatives of
the Patriarchate - Attorneys Rami Mughrabi and Samer Zoubi - and the JNF, as
Teophilos was "the main factor, leading and deciding on behalf of the
Patriarchate." The agreement
described the willingness of the sides "to arrange, by the way of
compromise and peace, the disputes between the Patriarchate to the JNF,"
and talked about two options: draft A and draft B.. There were two
alternatives: the Patriarchate would pay the JNF $ 13 million for a waiver by the
JNF of the land in Rehavia and Talbieh (it was agreed that the claims of the
JNF against third parties that gypped it would remain), or that the JNF will
acquire the rights over these lands for a period of 150 years in exchange for a
pittance of $ 4.5 million. In both cases it was clear that the primary goods
that the JNF sells to Teophilos is recognition of the Israeli
Government of his
appointment.
And
here is the land mine: Section 3 of the contract states that immediately upon
receipt of the letter of recognition from the Government of Israel of the
election of Teophilos the Third, the elected Patriarch would be responsible to get the approval by the
Synod to the transaction within 7 days of approval by the Government.
A
draft agreement submitted as an appendix to the claim (Minutes of the meeting
that took place in the offices of Attorney Yaakov Weinroth in Tel Aviv on
-12.03.07) makes things much clearer. Section 6.2 to the contract expressly
states: "the said summary stated in this protocol and everything related
to it shall be null if Government approval is not received by 15.08.07"
(the recognition of Teophilos was exactly a month after that date).
The
tough questions
When
I reached these lines the warning lights became red beams with a deafening siren:
Could
it be that this is the story of a shady deal sponsored by the Government of
Israel? Is it possible that this entire deal was only the Government's
agreement to recognize the illegal dismissal of the head of the Church and
appointment to its head of a corrupt element in his place in exchange for
bribes in order to remove the shame of the failed transaction that it itself
was involved in it? Did Israel once again abandon an ally who was dismissed
just because he sold property to Jews? Could it be that elements in the JNF
were afraid of exposing their failure and preferred to return the money quickly
to the pot before the state comptroller found out the story? Is it possible that the Israeli Government
may have abandoned strategic assets that were purchased by Jews legally for a
fistful of Dollars?
Lost
everything
At
the end of the episode JNF both ate the smelly fish and was expelled from the
city. Teophilos went against the State and postponed the signing of the contract
on the grounds that as long as he was not actually the Patriarch, he could not
sign on transactions. The State for some unknown reason did not wait until his
final signature and confirmed the appointment. Once Steofolos received the
recognition he abandoned all the understandings. Serious allegations are raised by the JNF in
a long series of correspondence between the JNF and Patriarchy, describing how
it feels betrayed by Teophilos and his lawyers. According to the picture it
paints, the Patriarch deceived it throughout the process of negotiations. There
is now an ongoing legal dispute between the JNF and the Patriarchate as to
whether the Patriarchate is obligated to honor the agreement and pay the $ 13
million.
Another
interesting item that came up before my eyes during my review of documents
related to the identity of the organizers of the new transaction - Attorney
Yaakov Weinroth. And why it is surprising? That following the deal in 2000 the
JNF file a civil suit against Weinroth totaling
NIS 80 million. So it is written in the lawsuit: "... In these
meetings, conversations and correspondence Mr. Weinroth presented it (the
purchase of Patriarchate land, YY) as
extremely urgent and a historic opportunity for the redemption of land in Jerusalem
...that from what he said gave the impression that the things he presented were
personally known to him and that he was in contact with the deceased Patriarch,
and was negotiating with him ... Attorney Weinroth did not reveal to those
hearing him that he had never personally met with the late Patriarch or with
anyone representing the Patriarchate, he never spoke with any of them and he
had no personal knowledge of his own if the things he brought before State
officials were to correct or not. "
To these things was even added a document signed by Weinroth
demonstrating the urgency of the transaction. In light of this the question
relating to the JNF sharpens : If the
JNF thinks that Weinroth hurt it then why did it use him as an intermediary in
a second transaction? How does one sue someone while using him as an
intermediary at the same time in a transaction on the same matter?
Weinroth's
version, as presented later, only sharpens the question on the conduct of the
JNF.
The
sources are talking
At
this point we realized that the second deal conceals secret agreements that
were not reported and we out to search for them. The main surprising findings
we discovered in the incident can be read in the box under the headline “The
damning findings”. Each line there is backed by documents held by the editors.
But to find out the story thoroughly, we had to also reach the characters
involved in the case and hear their version.
According
to the lawsuit and according to other sources, one of the elements involved in
the affair was the Minister of Pensioner Affairs Rafi Eitan, who headed the
Ministerial Committee for the Patriarchate. The Patriarch, according to the
lawsuit, confirmed to him the undertaking. I tried to clarify with Eitan what
took place there, but his response was sharp and severe: "What would I
gain? What did I gain from the Patriarchate affair? Why should I talk about it?
There is nothing in it for me! I'm already far away from that story for three
or four years and I have nothing to add
".
Another
lawyer with whom I tried to talk to represents a senior element involved in the
affair. He only heard the request on the phone and cried: "I very much ask
not to bother me! I very much ask you not to talk to me and bother me!"
And hung up.
Box
A
There
is no economic logic
The
story of Attorney K
I
met with K in his office. We are talking about a senior lawyer who is familiar
with the characters and the dynamics going on there. It was important to K to
maintain complete confidentiality, and so parts of what he said are not printed
out of concern for what would happen to him.
How
do you figure this deal where Patriarchate is committed to pay $ 13 million,
seemingly against all economic logic?
"You
got the point. After all, already in
November 2007 there was a criminal conviction of the intermediaries that was very significant in terms of civil
law. The question is why the Patriarchate returns the money that it had not
received. It could have proceeded quietly in light of the criminal verdict,
that reached a level of proof that is much higher than in a civil case. There
is no risk from its standpoint and it did not have to 'buy risk’. If we look at
the story from a business perspective it is throwing money in vain. "
Would
you make a connection between the deal and the Government recognition of the
problematic Teofolos appointment?
"You
see, those who threw the $ 13 million were not naive. There was a lengthy
negotiation and everyone understood what they were doing. The only explanation
could be is the agreement between
Teofolos and the Israeli Government according to which he was willing to
pay 13 million to get the recognition. As shown, it is written in this
agreement that it will take effect only
then after he is Patriarch and only then could he honor it.
"I
know in depth the background of the struggle for the appointment of Teofolos
that lasted about two years, within whose framework there were all the time
contacts and negotiations with him and Irineos and all kinds of intermediaries
who came and went, locals and foreigners. His appointment was in the balance
and at some point he realized he needed to pay for it with a lot of money. But
the story here is also the fact that the JNF took Weinroth as their
representative in the second transaction ".
You
mean the fact that the JNF took Weinroth as their attorney, even though it is
demanding NIS 80 million over the failure of the deal in 2000?
"Exactly.
But the explanation is very simple. Weinroth personally represented JNF
chairman Effi Stenzler. The whole process was very puzzling. The JNF was
undecided as to whether to file a third party notice (a civil suit, YY) against
Weinroth. They rejected the whole thing and waited for the end of criminal
proceedings. But seven years passed and they had to decide whether to file the
lawsuit before the statute of limitations. They reached an agreement with
Weinroth that they would not file against him at that same stage of the claim
and he, in return, would sign for them on a paper in which he pledges not to
raise the claim of statute of limitations if a third party notice is filed
later.
"In
the struggle against Simhon, Weinroth represented Stenzler. The hearings took
place in court in Petah Tikva before Judge Hila Grestler. I do not know if
Stenzler hurt the interests of the JNF when he took Weinroth as an intermediary
in the transaction, but in any case there is a clear conflict of interest
alleged."
For
the first transaction, how is it that so many smart people and experienced fell
for such fraud?
"This
whole story stinks and there were many warning signs. Halleli for example,
representing the JNF, never made it to the signing. He then explained that he
lived in Haifa and every time he traveled specially to Jerusalem he was
informed that the signing is postponed, time after time, until one Friday he
was called to come but do not have the energy to travel and he sent the Tanuri
who had no understanding in the field. It was a transparent exercise. They
wanted to shake him off and just wore him down.
"And
there is something else odd. Apparently intermediaries told Weinroth to prepare
16 checks. And I ask why? After all it was clear that this is fraud. In such a
situation even if one is not stealing from the seller then one is steal form
the income tax authorities. How does a lawyer with the status and experience of
Weinroth not get it ? "
Did
those who cooked up this dubious transaction knew that by recognizing Teofolos
they were abandoning the assets bought at full price by Ateret Cohanim?
"The
Ateret Cohanim people opposed the deal for ideological reasons. They were not
prepared to accept the fact that Israel would help in the dismissal of a person
who collaborated and sold land to Jews, like the SLA fighters who were
betrayed. Whoever signed the deal knew very well that Ateret Cohanim opposed.
But they preferred this deal that gave them a chance to erase the great
fiasco.
"It's
not just $ 13 million. The Patriarchate also promised to give the JNF the right
to sue all the scammers and third parties. In addition, the State took $ 5
million in Switzerland, and there are other millions sitting with Weinroth, so
it was very lucrative for the JNF to screw Ateret Cohanim and the poor
Patriarch Irineos who was sitting in prison for collaborating with the Jews.
These things did not interest them.
"And
I tell you something else. They were very scared that this story would reach
the state comptroller, that those who gave the money – the State - should
establish a commission of inquiry and check why the money did not reach its
destination and how such senior official elements relied with their eyes closed
on Weinroth rather than checking things out in a professional way. There were
many heads that might fly in the wake of this committee, and it was important
for them to return the money and silence the story. "
Box
B:
"We
have been deceived from head to toe"
The
story of Dr. Jacob Weinroth
I
meet Jacob Weinroth in his vast office in Weizmann Tower in Tel Aviv. The
senior lawyer who is considered a talented and successful litigator in Israel
is in a difficult personal period. In the trial of his life, the esteemed
attorney is trying to convince Judge Gilad Noitl that the fact that he charged
low fees to certain customers was not due to expectation of indirect
compensation. At the same time, he runs a defensive battle against the JNF that
is demanding a huge sum from him for the failure of the sale of Patriarchate
land and against Ezra Aorkbi and Shahar Ben Ami who say he tricked them and
denied them the lawyer’s fee from the case. But Weinroth is mostly hurt and
felt betrayed. His feeling is that interested parties and powerful forces are
taking the opportunity to hurt him and fill the pot on his back, that all his
actions and his life's work did not stand for him on his public judgment
day, and that his friends and the public
that benefited from him over the years turned their backs on him.
The
moment our eyes met there was a pristine and short moment when I suddenly
realized the difference between inside and outside. Between the successful and
prestigious super brand, big money, relationships, professional and political
power, and the person standing behind all the degrees and masks. When you
return to the person, Weinroth mentioned in another context, "we all are
of the earth." We all stand on the same ground. Emotions are the same and
weaknesses are the same weaknesses. The absurdity is that there is an inverse
relationship between talent and power of the man and his vulnerability.
"My blood is abandoned," says Weinroth, "for the simple reason
that more can be squeezed from me. That's the way it is, the greater the
reputation the greater the ability to blackmail you."
Weinroth
says the biggest stakeholders in the deal was the JNF itself, that was yearning
for these lands long before he came into the picture. As proof against the
claims of the JNF and Attorney K he hands me a document of the JNF from 1999 in
which Attorney Halali of the JNF applies to Mr. Tanuri vice president of acquisitions and
registrations, regarding land acquisition, and recommends the deal with
Rabinowitz to him. "And this at a stage that I didn’t even know
Rabinowitz." These documents prove in his opinion that the JNF invested
great effort to purchase land in the two years before 2000, so that they cannot
argue that their consent to the deal was just because they 'trusted Weinroth’.
"When
Rabinowitz came to me he had two things for his identification, a letter from
the JNF and the deal he made with the Patriarch in Beit Shemesh for an
astronomical sum of $ 300 million. This was the only successful deal with them.
We had no reason to suspect him. At the end we were deceived from top to bottom
in the most blatant way.
"Besides,
also in the deal itself, we demanded that a representative of the JNF come with
us to the signing. The one who was supposed to be present was Attorney Halali,
but instead Attorney Tanuri came in his place. Tanuri is deputy director of
special affairs in the administration who did huge deals before I was born. I
forwarded the checks only after the notary came downstairs and said that the
certificate was signed in his presence, and showed me a copy of the ID card.
You see, we were told that only three can go up because the Patriarch was in a
difficult situation. Clearly Rabinowitz had to go as he was he intermediate,
and the doctor had to make sure that the Patriarch was clear and competent to
sign. Now the question was who would be the third: I who was only giving
professional coverage, or notary Abraham Perry who was much more qualified than
me when it comes to verifying signatures. Of course it was better to let the
Perry go up.
"I
did not stop there and went upstairs, I said to the Patriarch in English,
‘thank you for signing the papers and I intend to make future transactions with
you.’ He said, ‘Thank you, come here again’, and all that when the man from the
JNF was standing next to me. What else am I supposed to do? ".
Weinroth
has no regrets over the transaction of 2007. Irineos in his view was a very bad
choice. "He hurt everything he could to harm Israel. We wanted that Israel
would not approve the appointment, and use that lever to persuade him to do the
transaction and redeem the land. The element from the Government then was Meir
Shitrit. It was when we saw that Irineos declared he would not do deals with
Israel . I did not see anything wrong with Israel telling him it was depriving
him of the certification as long as he would not release the land. "
So
how did he get the appointment despite this?
"The
one who pushed him was Yaakov Neeman."
Why
did Neeman do this?
"Because
Irineos paid him a lot of money. He also assured Neeman and said he would fix
the problems, but after that he dropped him and took Gilad Sher in his place.
The discussion was like Ping-Pong. Finally, the State appointed him without any
compensation and I think the appointment was a disaster, and he did nothing
with the land. The man was clearly pro-Palestinian conflict regardless of the
issue of land. I in any case had no role in his appointment. "
If
he was so much trouble why he sold properties to Jews?
"At
one point he began to feel the ground burning under his feet. He thought he
could make deals with the Jews and it would save him. He sold properties in the
Old City and a minute later would take care to publicize it and acted to issue
an injunction against the purchasers."
After
all, history tends to repeat itself. How do you explain that although they knew
Steofolos was very problematic and that he would hurt the purchase of assets by
Jews that the State still decided to recognize him?
"You
have to understand that Irineos was brought down by the Church and then the
name of Teofolos came up and he was elected by the Church. The State of Israel
could not really oppose this because it could not interfere in the business of
the Church. By the way, in the entire matter of the appointments there were
security elements that gave their opinions on the people and Teofolos was perceived as pro-Israeli.
"
Why
represent the JNF as they sue you and when you are acting as Effie Stenzler’s
attorney?
"The
moment the affair broke Effie Stenzler explicitly advised that he does not
intervene in matters of the JNF that Jacob Weinroth was involved in. He did not
lift a finger, so there is no conflict of interest ".
And
why did the JNF refuse to reach an agreement with you and sue you today for NIS
80 million?
"I
am abandoned for the simple reason that I can be squeezed for more. The higher
the reputation the easier to blackmail you. I told them that I honestly
deserved the money, but yet if it turns out that nothing came of the deal I
will return it. I suggested that they contend the validity of the transaction
in court and if it falls to quickly go to arbitration of a week when I accept
all the conclusions of the court criminal case. They refused because they knew
that when they sue me they will have a great ability to extort me. If I was only an attorney my situation would
be different today. What happened was I became a public figure, a symbol for
many sectors, and I paid a heavy price. As a result, I decided from here on
retreat from the public stage. At this stage of life I'm going to go into
myself. "
Who
do you blame for this affair?
"I
do not know who to blame, but what is clear is that the State of Israel zig
zagged between Irineos and Teofolos and ended up being screwed by both. If Israel
had talked straight to Teofolos it could have been that the deal would had been
already signed today. Anyway, Israel has lost its ability to influence bodies
located in eastern Jerusalem. The Patriarchs all said that once Israel had said
it might withdraw from eastern Jerusalem, that they could no longer trust it, because tomorrow they
will have to work with the Palestinians and Jordanians and what will they do
then. They have very little room to maneuver now. "
I
hear from you say that to the extent that Israel abandons the east of the city then it will indirectly
also lose its grasp on large strategic areas in the west?
"It
seems clear to me."
Box
C:
Pure
and holy
The
story of Mr. A.
I
meet A. in a prestigious office in one of the most famous business office
towers in Israel. A. has many years of familiarity with Diaodoros, Irineos and
Teofolos, the Patriarchs who headed the Greek Orthodox Church over the past
decade. A. agreed to shed some light on the conduct of the controversial Church
leaders.
With
your permission I would like to begin with the first transaction in 2000. How
do you explain the conduct of the mediators of this transaction? After all,
there were a lot of red lights. The Government and the JNF did not suspect
anything when they were asked to distribute the money in so many checks?
"See,
everyone knew that the Patriarch did not put the money in the Patriarchate. It
was no secret and because and that a lot of checks were needed. Everything took
place under abnormal conditions and all the time there were elements within the
Church who were trying to blow up everything. This was not a normal real estate
transaction. The truth is that the JNF representatives were aware of all of it
and agreed to kick in ".
From
what you know, what was the part of Patriarch Diadoros in this fraud?
"The
court does not go into the question of the validity of the transaction and did
not discount the possibility that elements in the Church were involved in the
scam. There were after all things that were very unpleasant about Diaodoros in
the background all the time. There was a nun who cared for him and his
relationship with her was complex to say the least. He ran a problematic
parallel intimate relationship with Timothy, one of the senior members of the
Church who kept trying to torpedo the deal. He also had illicit liaisons with
Jewish minors in Israel and the Church very much did not want it all out. They
were afraid someone would leaked details about the conduct of Diaodoros and
therefore were also willing to make a deal to silence those involved. By the
end of his life he decided that he wanted to make money for himself. We knew
some of the money will enter into his pocket and not the Church. Of course it
was all coordinated with him. There are those who claim that he did not
understand the English of Weinroth but I certainly do not buy this argument.
"
What
do you think really happened in his room when Rabinowitz went in?
"What
happened is he made a deal with Rabinowitz and Sussman (another broker in the
deal, YY), and at the end of the day he told them: 'I do not want to sign in
order not to show my personal signature on the documents’. In response
Rabinowitz and Sussman did not give him his share and the entire story
exploded. I heard the attorney Elhanani who said in the name of Sussman that
there were more than 3.5 million dollars, some of which he held for the
Patriarch, so it was clear that $ 10 million were lost on the way. After all,
if 3.5 was found with Sussman and 6 by Rabinowitz 6, the balance of the money
apparently reached the Patriarch or people on his behalf. The nun I mentioned, Lukrama, stood beside
him during the signing and had left the country immediately after the transfer
of funds and did not return. By the way, today, when there are relations with
Romania as part of the EU, it is possible to collect evidence from Ms. Lukrama.
"By
the way, also Sussman who spent many years in Romania and only recently was
extradited to Israel, and sits here in Hadarim Prison today, says these things
exactly. He argues that the Patriarch received at least $ 3.5 million."
Then
the second deal began to develop, in which Theophilos promised $ 13 million in
return for recognition?
"Yes.
Theophilos promised all sorts of things. He sat in the office of Jacob Weinroth,
in the presence of the JNF people and retired judges. He took the contract and
clearly stated that it was the wording, and said that if he would be appointed
and received recognition from the Government of Israel that he would sign the
contract. The transaction was very simple, the appointment for money ".
Beyond
the serious ethical flaw there are also national considerations. Did the
ministers know about the agreements Steofolos made with the Palestinians, did
they know that by recognizing him that they were abandoning assets purchased by
Jews in Jerusalem?
"Actually,
I thought that if Steofolos was elected that he would resolve all the problems
of the Jewish buyers because he told us: 'What are they stupid? Why they do
they buy under the name Ateret Cohanim? They should buy it under a company
registered in the name of Christian fundamentalists. There was a sense that he
would reach an agreement with the purchasers.
"Theophilos
from his standpoint did not rest on his laurels. He met with Tzachi Hanegbi and
Rafi Eitan and with the Prime Minister, and even operated an international diplomatic system through Greece. He made
declarations that were easy for Israeli ears. The intermediary went to
ministers and persuaded them not to make the mistake we did with Irineos, who
received the appointment without having to commit to anything."
Recent
developments - the Attorney General intervenes
In
recent days Attorney Sarit Dana submitted on behalf of Attorney General Yehuda
Weinstein application to join the Jerusalem District Court case in which the
Patriarchate demands from Himnuta the cancellation of the Himnuta transaction
and which requires the Patriarch to pay it the $ 13 million which it claims he
had committed to. So opens the Attorney
General’s request to join, "by virtue of the authority of the Attorney
General ... and after seeing that the rights of the State of Israel or of
public interest may be affected or bound by the proceedings before the
honorable court ...". Further on the Attorney General authorizes "each
State Attorney of all branches to be representative of the Attorney General in
this proceeding." Background on the intervention of Attorney General can
be read in the framed article.
Finally,
to try and crack the secret of blindness, vandalism, dullness and stupidity of
this Kafkaesque story – one should recall the words of Rabbi Nachman of Breslov
200 years ago. In one of his teachings
the righteous Hasid wrote a brief paragraph, laconic but significant, about the
strong resemblance between sexual desire and financial greed "(Likutey
Moharan 141,23) Big money apparently has a physical and emotional effect that
causes some people to lose their judgment of reality. Like sexual desire, the
sight of cash or fantasies they about them evoke in those with high risk
factors all the senses. Increased blood pressure, breathing becomes deeper and
slower, pupils dilate, the visual field is reduced, heart rate increases.
The
frenzy of desire is a consistent biological mechanism: the way down the
slippery slope begins in a conscious or partially conscious choice, but then
tends to snowball out of control emotionally. This is generally the stage when
even the most sophisticated and careful players start to make mistakes.
Central Box
The
incriminating evidence
New
findings on the secret deal that the State wove behind the scenes via Minister
Rafi Eitan for the approval and recognition of Teofolos and the dismissal of
Irineos in exchange for $ 13 million, and the deep involvement of the
prosecution and the attorney general of the previous administration in the
controversial deal and why these days the Attorney General requested to join as
a party to proceedings in the District Court?
To understand what happened in the affair of
the appointment of Teofolos we will go back in the chronological order of
events. All of the information listed below is backed by documents that reached
Makor Rishon:
•
In March 2005, the newspaper Ma'ariv, published an article written by Kalman
Libeskind on the involvement of the Patriarch Ireneos in transactions with
Jewish elements in the Jaffa Gate Square Plaza in the Old City of Jerusalem.
•
Apparently, as a results of this in May 2005 the Synod decided to depose
Patriarch Irineos and appoint Teofolos.
•
Then Prime Minister Ariel Sharon decided not to recognize Teofolos as Patriarch
since removal of Irineos took place only because he sold property to Jews.
•
In August 2005, Teofolos turned to the Palestinians and Jordanians to recognize
him. He signed a document in which he commits that "upon my election to
the throne of the Holy Patriarch of Jerusalem I will work to cancel all powers
of attorney made on behalf of the deposed Patriarch Irineos the First to anyone
on the matter of real estate holdings of the Church in Jerusalem." Photocopies
of documents reached Makor Rishon, and it was also published in the newspaper
Al - Quds' on 19.08.2005.
•
October 2005 Teofolos petitioned the Court of Justice against the Israeli
Government and asked the court to order the state to recognize it (appeal 9970/05).
•
the response of the State to the Supreme Court was given on November 2005 with
the State wishing to reject the petition "due to a serious lack of
integrity” It writes in its response
that, "The proceedings to dismiss the respondent Irineos was not
recognized by the Israeli Government" and that "the Government will
establish a special ministerial committee for the subject matter. " The
State also wrote that :" For the avoidance of doubt if any such exists, it
should be emphasized that this move of the petitioners (Teofolos) has no
binding legal effect in Israel, as the Government did not cancel the
recognition given Irineos ... And note, the Government is committed, and
certainly where it is the matter of a desire to halt the tenure of a high-ranking
religious function, to maintain an orderly administrative procedure ...".
•
In July 2007, Rafi Eitan appointed chairman of the Ministerial Committee on the
Greek Orthodox Patriarch of Jerusalem.
•
The negotiations between the Patriarch Teofolos and his attorney Remy Mughrabi
and representatives of the JNF Avraham Duvdevani and Menachem Leibovitz,
ministers and two retired judges are held in the office of Attorney Yaakov
Weinroth in March 2007. At this meeting Teofolos undertakes to pay a total of $
13 million to the JNF in exchange for the JNF waiving the land. Article 6.2 of
the agreement stipulates that if the Government does not recognize him by the
date of 15.08.2007 the agreement will be void.
•
On -28.10.2007 a ministerial committee meets chaired by Minister Eitan and
decides to recommend to the Government to recognize Teofolos as Patriarch,
despite commitments to the Palestinians which Teofolos signed.
•
On 12.10.2007 Minister Yitzhak Cohen, a member of the Committee of Ministers,
turns to the Secretariat of the Government, demanding "a document with the
position of Teofolos regarding the commitments that are attributed to him,
namely his commitments to the Government of Jordan and the Palestinian
Authority", and argues that "as of today no explanations and
accompanying documents have been received” .
•
The new position of the Legal Advisor to the Prime Minister was presented to
the members of the Government by Attorney Shlomit Barnea - Fargo. She writes:
"The Patriarch Irineos claims that the dismissal was illegal ... the
authority of the Government not to give written recognition of the Patriarch
who was elected by the Synod is conditional on the Government being convinced
that there are special reasons relating to Israel's interests that justify not
giving the Letter of Recognition ... the Ministerial committee examining the
issue found no such reasons. "Clearly this was completely opposite from
the position of the attorney general in 2005.
•
In response to an inquiry by the Minister Cohen regarding the commitments of
Teofolos to the Palestinians, Rafi Eitan on 18.11.2007 presented his position
before the Cabinet. He set that "the Patriarch Teofolos operates under the
principle of equality irrespective of race, religion or nationality. All acts
of the Patriarch are based on the decisions of the Synod without any commitment
to third parties and without any discrimination".
•
The incriminating document: On Thursday
-16.12.2007 a letter was sent from Rafi Eitan to Samuel Hayek from the JNF. It
said this: "Here is a copy of the letter we received from you, sent to you
from Teofolos the Third. The contents of
the letter was verbally confirmed. "
•
The document in question came to Makor Rishon, in which Teofolos the Third
commits that the date in Section 6.2 in the secret document which was drawn in
the office of Jacob Weinroth in the presence of representatives of the JNF and
the Government was postponed to 10 June 2008.
•
On that same day the Government decides to approve the appointment of Teofolos,
in accordance with the proposal that was placed before it that includes the
determination of Rafi Eitan, according to which Teofolos acts in equality and
so on. Incidentally, in the section "economic data and impact on the State
Economy" is written - not applicable (no reference to the transaction with
the JNF).
Explanation
of Eitan’s deal: The agreement between
Teofolos and the JNF was time bound. Teofolos pressured Israel to quickly
approve the appointment and was willing to pay $ 13 million by a certain date.
The problem is that the Government "did not manage" to finish the
process of recognition of his appointment until that date, and thus Rafi Eitan
arranged to receive from Teofolos a commitment to extend the expiration date of
the contract before it was brought to the Government for decision, a commitment
given by Teofolos verbally, and as said, Teofolos deceived the Government and
did not honor his word..
After
the Government decision, Irineos submitted to the Supreme Court against his
dismissal on the grounds that the Government could not withdraw recognition
from him (10615/07). The Attorney General in his response dated 19.12.2007
submitted a stunning message: "The Government was given the position of
the Attorney General that the interests of the Government are served by
providing the letter of recognition, and that claims about the internal
procedures of the Patriarchate and the conduct of the affairs of the Synod are
not matters that the Government should or is authorized to decide upon." There is no mention of the secret agreement
recognizing Teofolos.
The
Government did not reveal that a secret deal was hatched between it and
Teofolos regarding remuneration for the appointment. The Attorney General
collaborated with the deal in this his statement. Is this the reason that the
Attorney General now seeks to join as a party to the proceeding?
Both
sides are hiding: In an amendment of the Statement of Defense, in which the JNF
claims the agreement amount - 13 million - and the response of the Patriarch to
this demand there is no mention of the deal to recognize Teofolos. Attorney
Samer Zoubi argued against the Jewish National Fund that if in 2000 the
transaction never took place, that there is no basis for the said agreement,
that the Patriarchate is required to 'pay' for the land only if it is indeed
sold them. It follows that he declares to the court that the agreement is
related to the transaction of 2000 and not to remuneration for the recognition
of Teofolos, a seemingly clear contradiction of the findings of the documents
that reached Makor Rishon .
Deposed
Patriarch Irineos response, delivered by his lawyer Daniel Robbins:
Patriarch
Irineos imprisoned behind bars since 2007 has set telephone contact with many
followers and thus the findings of the investigation Makor Rishon reached him.
If it is true, the Patriarch takes a grave view of the unholy alliance that
exists between Teofolos and state agencies in the State of Israel, which
together misled the Supreme Court. The Patriarch considers his steps on the
issue.
The
response of the Jewish National Fund
JNF
were referred the following questions:
1.
Why did the JNF agree in an agreement between it and the Greek Patriarchate to
make do with compensation of $ 13 million for a land deal in Rehavia - Talbiyeh
and did not demanded from the Church the full amount of 20 million dollars?
2.
How does the JNF claim the existence of the land deal coincide with the clear
criminal case statement that there has been no deal?
3.
How did the JNF in 2007 hire Attorney Weinroth to represent it when it was sued
by him regarding the previous deal?
4.
Isn’t the hiring of Weinroth by JNF a conflict of interest?
5.
Is his employment by the JNF related to his employment by Stenzler in his
struggle against Simhon?
6.
Isn’t there a conflict of interest on Stenzler’s side?
7.
What explanation is there that the JNF sued Weinroth while Mr. Tanuri was
present at the signing on its behalf and approved it?
Answers
JNF
Question
No. 1:
The
amount is determined a settlement.
Question
No. 2:
These
are legal claims brought before the courts.
Question
No. 3-5:
The
questions distorting reality. Mr.
Weinroth did not represent the Jewish National Fund.
Questions
No. 5-7:
Mr.
Efi Stenzler did not serve as chairman of the JNF at the time of the approval
of the transaction. Furthermore, upon taking office Mr. Stenzler completely cut
off ties to the entire matter of the Patriarchate and avoided dealing in the
subject in any aspect.
Το παραπάνω κείμενο είναι δημοσιευμένο στο διαδίκτυο με την μορφή :
DOC]Protection of the justice / Yehuda Yifrach - Yimg
xa.yimg.com/kq/groups/.../name/UNKNOWN_PARAMETER_VALUE
Υ.Γ.: ΩΜΑ ΨΕΥΔΗ ΟΣΑ ΓΡΑΦΟΝΤΑΙ ΚΑΤΑ ΕΜΟΥ ΙΣΧΥΡΙΖΕΤΑΙ
Ο ΘΕΟΦΙΛΟΣ
"Ωμά ψεύδη που δεν έχουν την παραμικρή βάση αλήθειας είναι , είναι όσα γράφονται κατά
του Πατριαρχείου και εμού προσωπικώς. Ως εκ τούτου, δεν υπάρχει κανένας λόγος να
απαντήσω σε αυτές τις συκοφαντίες και έτσι να τους δώσω υπόσταση. Οι επαίοντες που
γνωρίζουν καλά τα πράγματα στα Ιεροσόλυμα, διαβάζουν όσα γράφονται και γελούν".
Αυτά είναι τα λόγια του Πατριάρχη Ιεροσολύμων, κ. Θεόφιλου, για τις κατηγορίες που είδαν
προ εβδομάδων το φως της δημοσιότητας στον ισραηλινό Τύπο. Σύμφωνα με αυτές,
ο κ. Θεόφιλος «αγόρασε» τον Πατριαρχικό Θρόνο αντί 13
εκατ. δολαρίων και
έχει συμφωνήσει παρασκηνιακά με Ισραηλινούς για την πώληση
εκκλησιαστικής γης.
Το Πατριαρχείο, από την πλευρά του, έχει καταθέσει αγωγή
κατά της
μεγάλης κεντροαριστερής ισραηλινής εφημερίδας «Haaretz»,
η οποία αναπαρήγαγε
αυτές τις πληροφορίες.
Πηγή: Εφημερίδα Ελεύθερος Τύπος, των δημοσιογράφων:
ΘΑΝΑΣΗ ΑΡΓΥΡΑΚΗ, ΔΕΣΠΟΙΝΑΣ ΚΟΝΤΑΡΑΚΗ, ΒΑΛΙΑΣ ΝΙΚΟΛΑΟΥ
Τίτλος άρθρου:
«ΝΕΟΣ
ΚΥΚΛΟΣ ΕΝΤΑΣΕΩΝ ΣΤΟ ΠΑΤΡΙΑΡΧΕΙΟ ΙΕΡΟΣΟΛΥΜΩΝ,
Ο Θεόφιλος, ο Θρόνος, τα 13 εκατ.
δολάρια και η εκκλησιαστική γη».
