070

THE PROOF? IT'S IN THE DOCUMENTS

070.010  

INTRODUCTION: DECISIVE EVIDENCE OF THE BANKING SCAM OF THE CENTURY

 

Here's one of the main pieces of evidence on the banking scam of the century, organized by ZABA, Allianz/Unicredito and their accomplices:

 

The current ZABA Share Register lists 11,325 Series II C shares, as shown below on the ZABA webpage (http://www.zaba.hr/info/abo/Investor/share/listings/Listings.htm):

 

 

HOWEVER, below we have share Series II C number 49,673 - out of the 50,000 actually printed by ZABA, according to its own Official Gazette (to zoom in, clik in share):

 

 

NAMELY: 

 

In June of 1990, ZABA issued a total of 50,000 "preferred bearer" shares, Series II C.

 

And the above scanned share from this same Series II C shows (upper left corner) that the bank did indeed issue a total of 50,000 of these "preferred bearer" shares, and that this is share number 49,673.

 

Subsequently, 38,675 Series II C "preferred bearer" shares somehow "got lost" in an unknown way, so that ZABA "no longer remembers" that it ever listed these shares in its Share Register. KPMG's Annual Report for 2001 also lists this number of shares

(http://www.zaba.hr/info/download/godisnje2001/zaba2001.pdf).

 

The second page of this Annual Report states that ZABA has only 11,325 "preferred bearer" shares, Series II C.

 

This means that:

  1. the ZABA Share Register is a worthless forgery,

  2. the genuine shareholders have been ROBBED.

  3. ALLIANZ A.G. Munich and UNICREDITO S.p.A. MIlan have made an illegitimate acquisition with their 2002 purchase of ZABA, and have called into question the worth of their own shares worldwide.

What follows is a detailed list of evidence on THE BANKING SCAM OF THE CENTURY, which can be read for days.

 


 

070.020    

EVIDENCE SUPPORTING PASK KACINARI'S CLAIM

 

070.030           

EVIDENCE THAT THE ZABA SHAREHOLDER REGISTER IS ILLEGAL

 

070.040

SECRET SHARE AUCTIONS 1993-1994

 

070.050

EXCHANGE OF SHARES BETWEEN CROATIAN WARLORDS AND ALLIANZ AG/UNICREDITO ITALIANO S.p.A.

 

070.060

POST FACTO CHANGES MADE TO ZABA SHARE DATA

 

070.070   

OTHER EVIDENCE PROVING THAT THE ZABA SHARE REGISTER IS ILLEGAL

      

070.080

RECORDS OF PASK KACINARI APPEALS TO RELEVANT CROATIAN REGULATORY AGENCIES

 

070.090

 

070.100
"Report on the process of founding, i.e. transformation of banks ..."  submitted by the governor of the Croatian National Bank

 

 

070.110
ZABA Shares Re-Booked for 1.00 Croatian Kunas (cca. 14 Euros), While the Shares Expressed in Kunas Are Invalidated

 

 


 

 

 

070.020    

EVIDENCE SUPPORTING THE CLAIM OF PASK KACINARI

 

Document number and name

First

page

No. of pages

 

070.020.010

Pask Kacinari's credit application

 

This document marks the beginning of the legal relationship between Pask Kacinari and ZABA.

 

 

12-01

 

1

070.020.020

ZABA'S decision to approve a long-term credit to Pask Kacinari

 

Upon approval, Pask Kacinari deposited a Guarantee Deposit, with which he purchased ZABA shares as security for the credit.

 

12-02a

2

070.020.030

Decision approving a short-term credit to Pask Kacinari

 

In addition to his long-term credit arrangement, Pask Kacinari was also approved a ZABA short-term credit.

 

12-03

1

070.020.040

Investment credit Agreement between ZABA and Pask Kacinari

 

On the basis of this Agreement, Pask Kacinari drew his long-term credit, which he paid back in time and in full (with a 249% annual interest rate!) To repeat, as security for the credit, ZABA purchased in Pask Kaciinari's name ZABA shares, out of the funds of his Guarantee Deposit.

 

12-04a

4

070.020.050

Short-term credit Agreement between ZABA and Pask Kacinari

 

 

12-05a

3

070.020.060

Checking account contract between ZABA and Pask Kacinari

 

Pask Kacinari also had a ZABA checking account.

 

12-09a

2

070.020.070

Contract on a guarantee deposit of 13.11.1990, obligating ZABA to purchase shares in favor of Pask Kacinari's firm, PAKA

 

On the basis of this Contract, ZABA was obligated to use the entire Guarantee Deposit for the purchase of ZABA shares - straight from the Emission, i.e. at nominal price.

 

11-01

1

070.020.080

Receipt of payment for purchase of shares

 

Proof that Pask Kacinari paid the stipulated Guarantee Deposit in full for the purchase of ZABA shares.

 

11-01a

1

070.020.090

Receipt of credit insurance payment

 

This was an additional form of credit insurance, in addition to the above Guarantee deposit.

 

11-01b

1

070.020.100

Credit transaction records

 

ZABA provided Pask Kacinari with this transaction record showing that the credit was returned in time and in full, at 249% annual interest.

HOWEVER, EVEN THOUGH ZABA IS ABLE TO PROVIDE THE CREDIT TRANSACTION RECORD, ZABA TO THIS DAY REFUSES TO PROVIDE THE GUARANTEE DEPOSIT TRANSACTION RECORD, BY WHICH IT WAS OBLIGATED TO PURCHASE ZABA SHARES TO PASK KACINARI'S NAME. IN OTHER WORDS, ZABA IS ATTEMPTING TO CONCEAL THE FATE OF THE GUARANTEE DEPOSIT - AS BOTH PASK KACINARI'S MONEY AND THE SHARES HAVE SOMEHOW BEEN "LOST"!

 

12-06a

3

070.020.110

Mortgage erasure record

 

Issued upon Pask Kacinari's return of the long-term credit in full. (It is to the name of a third party, which guaranteed for the credit with a real-estate property.)

 

12-07

1

070.020.120

Decision to transfer share ownership rights from PAKA back to Pask Kacinari

 

PAKA INTERNACIONAL, the entity which made the relevant Agreements with ZABA, was Pask Kacinari's private company. Upon the company's liquidation, all its ZABA share rights passed back to its founder, Pask Kacinari.

 

12-08

1

070.020.130

Share transfer Agreement between PAKA and Pask Kacinari

 

In reference to previous item.

 

12-10

1

070.020.140

ZABA computer record that Pask Kacinari's deposit of 13.11.1990 was not closed until 17.05.2001, contrary to ZABA claims.

 

The deposit formed on the basis of the Guarantee Deposit Contract, on the bais of which ZABA was obligated to purchase to Pask Kacinari's name ZABA shares straight from the Emission, i.e. at nominal price, was somehow "lost". ZABA refuses to disclose the fate of this deposit or its transaction record, nor in whose name shares belonging to Pask Kacinari were in fact purchased. However, an "uninstructed" ZABA bank teller, "accidentally" issued to Pask Kacinari this record showing that the said Deposit was not closed until 2001 - at the time when Pask Kacinari began inquiring about his "lost" shares.

On the other hand, in court proceedings, ZABA claims that the DEPOSIT WAS CLOSED IN 1991. Still, both at the bank counter and in court, ZABA CANNOT ANSWER THE FOLLOWING QUESTION: "BY WHOSE ORDER WAS PASK KACINARI'S DEPOSIT CLOSED?"

 

11-02a

2

 


 

 

 

070.030           

EVIDENCE THAT THE ZABA SHAREHOLDER REGISTER IS ILLEGAL

 

Document number and name

First

page

No. of pages

 

070.030.010

ZABA Act on issuing Series I shares

 

From this Act can be seen that on 27.12.1989, there were 863,000 Emission I, Series A shares. Subsequently, in the period up to 31.12.1993, in a mysterious way, without a corresponding capital increase and without a new share emission, the number of shares "bloated" to 1,862,115. ZABA refuses to disclose how this mysterious share increase came about. UNICREDITO and ALLIANZ shareholders are entitled to know the origin of the "phantom shares" their management bought!

 

 

01-01

 

5

070.030.030

Final audit Act for the year 1991

 

ZABA has never been subjected to an independent, full audit. Thus, it cannot be known what such an audit would find. Nevertheless, documents such as this one would furnish answers to questions regarding how shares were "formed out of thin air," or how shares of investors such as Pask Kacinari were "lost".

 

01-02

1

070.030.040

Decision to issue commercial notes - 1st emission

 

Croatian "Hrvatsko Slovo" magazine published an article during 2004 charging that this document is actually a "decision to covertly issue shares." The answer to this claim could be furnished only by an independent audit, which would also serve to uncover how ZABA shares were created "out of thin air," and how shares of investors such as Pask Kacinari were "erased."

 

01-03

1

070.030.050

Decision on changes and addendums to the ZABA Founding Act, of  07.06.1991

 

This is one of a number of retroactive decisions by which ZABA founding acts were amended, as well as decisions to issue shares. The number of such decisions cannot be ascertained at present. However, laws and regulations have never allowed for ZABA or any bank to make decisions having a retroactive effect.

 

01-04

1

070.030.060

Page from the ZABA Official Gazette for the year 1992, proving that the number of founding investors was increased on 31.12.1991

 

This in fact means that during a time of war, hunger and economic meltdown, the number of ZABA shareholders - persons having a legal status - grew. However, it is not known who these "new investors" were, nor how much capital they brought in.

 

01-05

1

070.030.070

Final audit Act for the year 1992

 

 

01-06

2

070.030.080

Final audit Act for the year 1993

 

Perhaps the above documents contain the answers to the questions we pose. However, only independent audits and reviews would be able to determine that - but ZABA has consistently avoided this!

 

01-09

3

070.030.090

ZABA transformation into a shareholder company, in accordance with the Yugoslav Bank Law

 

ZABA was originally founded, i.e. "reorganized" under communist laws,  into a state-owned shareholder entity. Its shareholders were state-owned companies awaiting privatization.

The sum total of all remittances into the founding fund indicates that only 851,827 Emission I, Series A shares were issued, even though the Decision to Issue Emission I shares gives the figure of 863,000 shares.

 

 

02-01  

4

070.030.100

Excerpt from ZABA books, of 31.12.1993, showing total number of shares

 

Yet, contrary to the above-cited original Decision to Issue Emission I shares, according to which 863.000 shares were issued, 4 years later, according to this Excerpt, ZABA's books record a total of  1,862,115 Emission I shares.


Once again, their appearance is a mystery, as no ZABA capital increase was recorded in this interval, and no new shares of this series were issued.


This serves as proof that ZABA continued issuing new shares up to 31.12.1993, recording them in its register as Emission I, Series A shares. Thus, this also proves that ZABA was able and obligated to use the entire amount of Pask Kacinari's deposit to purchase Emission I, Series A ZABA shares at nominal price, as it was bound to do by Contract.
 

 

04-01

1

070.030.110

Excerpt from ZABA books, of 30.09.1994, showing the total number of shares - an unexplained increase

 

The total number of Emission I, Series A shares has now "grown" to 2,661,196. The mysterious shareholders of the mysteriously materialized shares were granted a 42.86% "increase" in the number of their shares. However, the identity of the mystery shareholders continues to be concealed, along with the way in which they came by their shares.

 

04-02a

2

070.030.120

Profit and Loss Statement for 2001

 

Reading p. 5, it becomes clear that the Auditor himself has no knowledge of the total number of ZABA Treasury shares held as security. It seems that the mystery shares have been held in the ZABA Treasury the entire time, and that ZABA Management used them to vote, even though the law forbids voting rights to Treasury-held shares. Also, it is not known who received the dividends due these shares.

Also interesting is that, on the same page, a ZABA "privatization" is mentioned, dating back to 1989, which is a clear falsehood. Absolutely no privatization took place in 1989, which can be proven by all documents from that year.

 

05-01a

10

070.030.130

Annual Report for 2003

 

Pages 7 and 8 show that ZABA (along with Allianz and Unicredito, as its majority shareholders), played an dynamic part in increasing the Croatian economy's foreign debt. Thus, Allianz and Unicredito hold a high responsibility for the liquidity of the Croatian economy as a whole and the Croatian State's ability to regularly service its foreign debt.

 

10-01-01

39

070.030.140

Copy of Emission II Series II C share no. 2 9295 - except that the current ZABA Share Register lists only 11,325 such shares!

 

According to official ZABA Acts, 50,000 such shares were issued: WHO ERASED THOUSANDS OF LEGAL SHAREHOLDERS?

 

06-01

1

070.030.150

Copy of Emission II Series II C share no. 29295 (II)

 

 

06-01a

1

070.030.160

Copy of Emission II Series II C share no. 49673 - but, again, the current ZABA Share Register lists only 11,325 such shares!

 

According to official ZABA Acts, 50,000 such shares were issued:WHO ERASED TENS OF THOUSANDS OF LEGAL SHAREHOLDERS?  

 

06-02

1

070.030.170

Copy of Emission II Series II C share no. 49673 (II)

 

 

06-02a

1

070.030.180

Decision to pay dividend for Emission II, Series C shares

 

This Decision implies that ZABA sold a total of 25,000 Series II C "preferrable bearer" shares to the public. However, this is in clear contradiction to:

  • the fact that on each share it is explicitly printed that 50,000 total shares were issued,

  • data from ZABA's annual reports, which mention only 11,325 shares being registerd in the books. HOW DID SO MANY LEGALLY ISSUED SHARES DISAPPEAR? WHAT ABOUT THE PROPERTY RIGHTS OF THE "ERASED" SHAREHOLDERS?
     

 

06-03b

2

070.030.190

A short history of ZABA as portrayed on the ZABA website

 

Most of the claims on this web page are false. For example, ZABA claims that it was founded before WW I, when in fact it was a product of Communist era fusions in the Croatian banking sector in the second half of the 1970s.

Also, ZABA claims that it underwent privatization in 1989, which is an outright lie, which is evidenced in ZABA's own documents from that year. Absolutely no privatization took place in 1989,
and there is not a single document as evidence of such a process having taken place.
 

 

10-01-44

5

 


 

 

 

070.040

SECRET SHARE AUCTIONS 1993-1994

 

Document number and name

First

page

No. of pages

 

070.040.010

Confidential internal ZABA diagram of secret auctions produced by ZABA management, at which auctions ZABA covered all bases - being auction organizer, sellers' agent and secret buyer, all conducted under secret rules

 

In 1989, ZABA transformed into a shareholder company, with the shareholders being legal entities and founders of the bank. On 27.12.1989, there were a total of 1,287 such founders, who represented the majority of the Socialist Republic of Croatia's economy, of almost 100% of the Zagreb region's economy.

ZABA's Management (in cooperation with influential groups of Croatia's political scene at the time) "transferred" these shares to various off-shore companies in the period of 1993-1994. Thus, the original founders of Croatia's largest bank - the largest state-owned companies - lost their founding status prior to being privatized.


The shares were "transferred" to off-shore firms via secret, illegal auctions organized by ZABA's Management.

According to this preserved Diagram, it can be seen that ZABA's Management was at the same time:


a) the sellers' representative,
b) the covert buyer or buyer's representative,
c) the auction organizer,
d) the author of the secret rules according to which the auctions were run.

It should be noted that the key feature of the auctions is the so- called "jeftimba" - or "knock-down" - by which ZABA Management through illegal manipulations lowered the share price, to the detriment of the seller and the benefit of the buyer. Interestingly, there is no such word in the Croatian language, which means that ZABA Management went so far as to invent a new word that would match their invention - knocking down share prices at secret auctions.

Thus, the purpose of the ZABA-managed share auctions was to knock down share prices. This is contrary to the very purpose of auctions, which are supposed to secure the highest possible sales price for the seller. However, in this case, the seller was also the covert buyer or buyer representative, as well as the seller's representative, in addition to being the author of the auction rules, which were themselves - secret.

In this way, ZABA shares passed into the hands of an unidentified interest group, which initially kept them in various off-shore firms, and then exchanged them with ALLIANZ and UNICREDITO S.p.A., in such a way so that they are the keepers of each other's shares. As for the identity of the unidentified interest group that gained control over ZABA shares, it may be surmised that they belong to the Croatian political elite as well as ZABA's Management, which was - then and now - headed by Mr. Franjo Lukovic.

It is not known whether these secret auctions extracted only the shares of the original ZABA founders from 1989, or whether they also included the subsequently issued Emission I, Series A shares, up to 31.12.1993. Auditing reports show that the ZABA Treasury has up to this day held "a certain number" of Treasury shares, with which, contrary to law, ZABA Management has voted. This "certain number" has not been determined by anyone, including the audigors themselves.

 

 

 

a9-2-5

 

1

070.040.020

Secret ZABA privatization project

 

According to this secret project, it comes out that ZABA shares are to pass under the ownership of a mysterious "ZABA HOLDING," a limited company founded by ZABA itself, which means that ZABA was slated to become - its own owner.


This secret project was signed by Nikola Kalinić, present-day Deputy President of ZABA's Management, and
Duilio Belic, who, according to the Court Register of the Varazdin Commercial Court, represents ZABA in the Supervisory Board of the Varazdinska banka bank. During the Communist ere, Belic was direcotor of "SOUR Prvomajska", one of the largest manufacturers in ex-Yugoslavia, producing a wide variety of metal products, including "special purpose" products, i.e. weapons parts.
 

a9-2-6

2

 

 

 


 

 

 

070.050

EXCHANGE OF SHARES BETWEEN CROATIAN WARLORDS AND ALLIANZ AG/UNICREDITO ITALIANO S.p.A.

 

Document number and name

First

page

No. of pages

 

070.050.010

Secret document on exchange of ZABA shares, of 15.02.2002

 

This document shows how ALLIANZ A.G. and UNICREDITO S.p.A., through the good offices of ZABA's Management, exchanged shares with an unknown interest group, represented by Mr. Franjo Lukovic, ZABA's Chairman of the Board. This makes ALLIANZ and UNICREDTIO keepers of stolen shares.

Interestingly, this document is "not for distribution in the U.S., Canada, Australia and Japan."
 

 

 

a9-1-1

 

18

 


 

 

 

 

070.060

POST FACTO CHANGES MADE TO ZABA SHARE DATA

 

Document number and name

First

page

No. of pages

     

070.060.010

Proposed Agenda for the ZABA Main Assembly of 03.12.2004.

 

This document shows that ZABA Management proposed on this day retroactive changes to the Original Decisions to Issue Emission I, II and III shares. The oldest of these Decisions dates back to 27.12.1989 - which means that, in December 2004, ZABA was trying to retroactively change a Decision dating 15 years back!

 

At this time, the Supervisory Board was manned with representatives of UnicreditoItaliano S.p.A. i Allianz A.G.

 

It is important to not another retroactive decision mentioned here, pertaining to the year 2001. It is no accident that ZABA chose the year 2001, after several years' pause, to re-launch its "game" of retroactive changes to Original Share Issuing Decisions. Namely, this was the time when Mr. Pask Kacinari began inquiring about the fate of his own shares. In order to "hide" the disappeared shares, ZABA launched a new round of retroactive Issuing Decisions, designed to conceal the right of the bank's genuine shareholders.

b1001

3

 

 

 


 

 

 

070.070         

OTHER EVIDENCE PROVING THAT THE ZABA SHARE REGISTER IS ILLEGAL
 

Document number and name

First

page

No. of pages

 

070.070.020

ZABA's initial Statute, of 1989 - Bank Founding Act

 

This document destroys the credibility of ZABA's auditing reports that claimed that ZABA was privatized in 1989. This document reveals that the bank was at that time organized as a shareholding company owned by legal entities, i.e. state-owned firms that were not yet privatized.

 

QUESTION FOR ALLIANZ AND UNICREDITO SHAREHOLDERS: WHAT DID YOUR MANAGEMENT ACTUALLY BUY?

 

 

a8-1-1

 

22

070.070.030

ZABA Acts of 13.11.1989

 

This is another document showing that there was absolutely no privatization of ZABA in 1989, i.e. that ZABA's founders were legal entities awaiting privatization at a future date.

 

a8-9-1 

4

070.070.040

Directions to ZABA employees regarding Series C Shares, of 27.12.1989

 

Each preserved Series C share contains the information that a total of 50,000 were issued. On the other hand, ZABA now claims that it issued only 25,000. Yet - ZABA's own share register gives the figure of only 11,325 such shares. A partial answer to this enigma can be gleaned from item 3. of this document, which talks of Series C shares in the bank's Treasury. However, it is still not known how many such shares are in ZABA's Treasury and who has been receiving the dividends due.

 

a8-3-1 

3

070.070.050

ZABA Statute amendments and addendums, of 31.05.1990

 

This is another document proving the falsity of ZABA's claim that it was privatized in 1989, as the bank is still referred to as being state-owned in the year 1990!

 

a8-9-5

2

070.070.060

Changes in ZABA Procedure Book, of 08.06.1991.

 

Another document refuting ZABA Management claims that the bank was privatized in 1989.

 

a8-4-1

11

070.070.070

Decision to amend ZABA Statute, Decision to amend Decision to issue Emission II shares, Decision to amend Decision to issue Emission II shares, ZABA Official Gazette, of 14.04.1992

 

These are just some of the retroactive acts that change the original Founding Acts of ZABA and the issuing of its shares. The precise number of such retroactive acts is not known. However, existing laws have never allowed for such decisions having retroactive force to be passed.

 

a8-6-1

12

070.070.080

Report on the work of the Managing Board for the year 1992

 

Here ZABA's Managing Board says that ZABA is the owner of certain companies - i.e. that some Croatian companies have already been privatized - a half decade before official privatization in Croatia happened - and that they are now under ZABA's ownership. It is not known which companies this document refers to.

 

a10-13-1

2

070.070.090

ZABA Managing Board Decison on retroactive amendments to the Decison to emit Emission III shares, of 06.04.1993

 

This is yet another act with retroactive force - illegal under existing law.

 

a10-10-1

8

070.070.100

ZABA Managimg Board Proposal to found the ZABA Entrepeneurs Club

 

This document shows that ZABA Management sought from the start to gather around itself an "elite"  and closed circle, including high Government officials. Among those invited was Pask Kacinari, who politely refused. Being outside of the "elite," his shares "disappeared."
 

 

a8-13-1

5

070.070.110

ZABA Managing Board Proposal to the ZABA Assembly of 29.03.1993.

 

 

a10-12-1

1

070.070.120

ZABA Assembly Decision of 29.04.1993.

 

It is not known who at this time made up ZABA's Assembly, on what basis they had become shareholders, whether Treasury shares were used for voting and the total number of votes cast.

 

a10-12-2

2

070.070.130

ZABA's Gazette of 26.04.1993.

 

Page 3 contains interesting information about how ZABA began "back-door privatization" of the Croatian economy two years before it actually started, by way of "transforming debt into equity."

Even more interesting is that ZABA became shareholder in certain trading companies that later passed into the hands of prominent businessmen, better known as "Croatian tycoons."

Did these prominent businessmen (Todorić, Artuković....)
gain their shares from ZABA? Or are they merely the keepers of ZABA's shares? Or is ZABA still one of the major shareholders in their firms? DID ZABA MANAGEMENT, THROUGH THE NON-EXISTING "PRIVATIZATION OF ZABA, GAIN CONTROL OF THE CROATIAN ECONOMY? IF SO, WHY HAVE ALLIANZ AND UNICREDITO HELPED THEM IN THIS UNDERTAKING?

 

 

a10-14-1

3

070.070.140

ZABA's Main Assembly, of 29.04.1993.

 

More retroactive, illegal Acts changing the original Decision to issue shares were brought at this gathering.

 

a10-6

2

070.070.150

Decision to amend and augment the Decision to issue Emission III shares, and the edited text of the Decision to issue Emission III shares, all from the ZABA Gazette of 25.06.1993.

 

More of an unknown number of illegal, retroactive amendments to the bank founding acts and share emission decisions, part of a continuing effort to rewrite history and hide tracks left by those who stole ZABA.

 

a8-7-1

4

070.070.160

Decision no . 4/8-94 of 31.05.1994.

 

On the basis of this Decision, shareholders registered in the Register as of 31.05.1994, were issued additional shares, a 42.86% increase.

It is not known who the registered shareholders at the time were and on which basis they were registered.

At this Assembly, an unknown "shareholder" had voting rights to the shares stolen from Pask Kacinari, and gained a 42.86% increase in their loot.
 

 

a8-10-1 

2

070.070.170

Decision to amend and augment the Decision to issue Emission I shares, and Decision to amend and augment Decision to issue Emission II shares, ZABA Gazette of August, 1994.

 

More of an unknown number of illegal, retroactive amendments to the bank founding acts and share emission decisions, part of a continuing effort to rewrite history and hide tracks left by those who stole ZABA.

 

a8-8-1

6

070.070.180

Decision on Profit Disbursement for 1995.

 

This Decision was signed by one of Croatia's most prominent and publicized intellectuals, one of its most eminent legal theorists, Dr. Jaksa Barbic.

It would be interesting for the eminent professor to answer several questions:


How was it that in 1995, he came to preside over an Assembly of an already "privatized" bank, over which no body ever performed a process of privatization?


As a reminder, privatization in Croatia was just starting at the time, while the eminent Dr. Barbic was a very prominent privatization process adviser. Here, however, he is presiding over a long-since privatized bank, about whose privatization no one knows anything.

 

 

a10-21-1

1

070.070.190

Decision to accept the Annual Report for the year 1995.

 

Another decision signed by Dr. Jakša Barbić, this time, however, with legal implications for the legal system of the United Kingdom, as ZABA is backing up its claims with the fact that the Report was performed by a prominent U.K. - based accounting firm.

 

a10-21-2

1

070.070.200

Supervisory Board Report of 24.04.1996, and other decisions of that date.

 

Note the document on page 6, which shows that leaflets were passed to the present shareholders by which they authorize a Mr. Zeljko Covic as their representative.

It is neither known who the shareholders at the time were, nor Mr. Covic's connection to ZABA and its mysterious privatization.

However, as Mr. Covic is Board Chairman of the internationally known "PLIVA" pharmaceutical company, a logical question is whether ZABA and PLIVA are in fact closely connected entities.
 

 

a10-20-1

7

070.070.210

Main Assembly Decision of 19.06.1996.

 

 

a10-22-2

2

070.070.220

Decision naming Zeljko Covic to the Supervisory Board, of 19.06.1996, and other decisions in which Mr. Covic is mentioned.

 

The Supervisory Board represents the owners i.e. shareholders.

By 1996, all the manipulations regarding the stolen shares were finished, so that the interest group controlling them had already secreted them away to various off-shore companies.

It was at this time that ZABA's mysterious shareholders" elected Mr. Covic, Board Chairman of PLIVA Pharmaceuticals, for their representative.

Is PLIVA one of ZABA's real owners, or do perhaps both concerns share the same owners?
 

 

a10-23

3

070.070.230

Decision to choose Auditor, of 19.06.1996.

 

It comes out that the Audit of financial reports was done by a U.K. based auditor, which opens up the entire ZABA case to the jurisdiction of the legal system of the U.K.

 

a10-25

1

070.070.240

Stock options for ZABA Board members for the year 2001.

 

It seems that, even though they had the option to buy shares, ZABA Board members did not take advantage of it. It is unclear as to why they did not want to gain ZABA shares at this time in a legal, transparent manner.

 

a10-1-3

1

070.070.260

ZABA Supervisory Board Report of 12.04.2001.

 

This indicates that, as early as May 2000, ALLIANZ A.G. began "keeping" some of ZABA's shares, as its representative, Mr. Klaus Junker, became member of the ZABA Supervisory Board.

 

a10-30-1

2

070.070.280

ZABA Main Assembly Decisions of 28.05.2001.

 

Interestingly, the shareholders at the Assembly were provided with voting ballots that authorized Mr. Renco Miletic to vote.

Mr. Renco Miletić was also Director of "ADRIS GRUPA," a holder of the Rovinj Tobacco Industry ("Tvornica duhana Rovinj").

Are ZABA's mysterious "shareholders" also among the Rovinj Tobacco Industry owners; or do, perhaps, both the companies have the same owners -
the establishment controlling ZABA and most of Croatia's economy?
 

 

a10-31-1

12

070.070.290

Decision to change the legal status of ZABA shares, of 28.05.2001.

 

Who were the holders of Series E shares, which had been Privileged during the previous 9 years, only to lose that status by this decision?

 

a10-35

2

070.070.300

Decision to retroactively amend original Acts on issuing Emission I, II and III shares.

 

After Pask Kacinari began inquiring about his ownership rights, ZABA's Management resumed making illegal, retroactive decisions changing the original Decisions on issuing of shares.

 

a10-36-1

2

070.070.310

ZABA Circular of 28.05.2001.

 

More illegal, retroactive changes to original share issuing acts.

 

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3

070.070.330

Proposal by former ZABA employees and shareholders to initiatie a revision of ZABA's "privatization"

 

No such revision ever took place, which is not surprising - as there was no ZABA privatization to begin with. Something that doesn't exist cannot be revised.

 

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4

070.070.340

ZABA Managing Board Decision of 29.03.1993.

 

 

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1

070.070.360

Report on the work of the Supervisory Board for the year 1992.

 

Here, the Auditor offers "two versions" of the balance book for this war year in Croatia.

 

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1

070.070.370

KPMG's Auditing Report for the year 2001.

 

Page 3 makes it clear that the Auditor does not know how many shares ZABA is holding in its Treasury as security.

 

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4

070.070.390

Decision of 28.05.2001.

 

 

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1

 


 

 

 

070.080

RECORDS OF PASK KACINARI APPEALS TO RELEVANT CROATIAN REGULATORY AGENCIES

 

Document number and name

First

page

No. of pages

 

070.080.010

Complaint to the Croatian Securities Commission

 

 

13-01  

 

5

070.080.020

The Securities Commission's answer, claiming that it "lacks jurisdiction" in the case

 

13-06

2

070.080.030

Minutes from the ZABA Assembly of 22.04.2004.

 

14-01-01

13

070.080.040

Complaint to the Croatian Office Of  "World Bank"  14.06.2005

 

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3

070.080.050

The Croatian Central Bank's answer to Pask Kacinari's request to review ZABA's operations, of 19.08.2005

 

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2

070.080.060

The Securities and Exchange Commission of the Republic of Croatia, in its answer to our complaint, of 13.09.2005, proclaims that matters dealing with the ZABA Shareholder Register - are not under its jurisdiction!


In this way, the Croatian Securities and Exchange Commission, in the name of protecting the illegitimate shareholders of ZABA, has renounced a portion of the Republic of Croatia's sovereignty - its right and duty to control the lawfulness of matters having to do with securities and their trading.

This amounts to treasonous activity, as this renunciation was carried out without a mandate of the voters, and without the knowledge of the Croatian Parliament.

By the same token, the Croatian Securities and Exchange Commission has thereby delegated its authority to the relevant extra-national and international regulatory and judicial bodies.

 

 

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1

070.080.070

Pask Kacinari's Answer to the Croatian Securities and Exchange Commission, of 14.09.2005.

 

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1

 

 

 

 


 

 

 

070.090

PROOF THAT ZABA SUBMITTED FALSE DOCUMENTS IN COURTS-OF-LAW, WITH THE GOAL OF PREVENTING MR. PASK KACINARI FROM EXERCISING HIS SHARE OWNERSHIP RIGHTS

 

Document number and name

First

page

No. of pages

     

070.090.010

 

ZABA has submitted this document in lawsuits against it before the Zagreb District Court and the Zagreb Commercial Court, claiming that it shows that ZABA paid out Pask Kacinari back in 1991, and that it thereafter terminated his Guarantee Deposit Agreement with ZABA, which had obligated ZABA to purchase its own shares to the name of Mr. Pask Kacinari.

 

Three different court experts, including two certified accountants and a criminal court expert, have testified that this document is a forgery.

 

b2401

1

070.090.020

Mrs. Saric testified as to the contents of the above document, stating, after expert analysis, that it is not authentic.

 

Mrs. Saric especially emphasized the lack of legally provided elements this document lacked, elaborating that, in the best case, it was some sort of "operative, adjunct document" the bank may have used for its own "internal purposes," which, however, were not legally provided for.

 

b2501

2

070.090.030

After analyzing the above document, Mr. Miroslav Buzadžić concluded that the document "lacked the basic elements of verifiability."

 

Especially interesting is the court expert's analysis of the techniques used to enter data into the document: "In the space of less than a year, data entry was first done mechanographically, then by hand and, lastly, by typewriter." For this reason, the expert considered the document to be inauthentic.

 

Indeed, due to the haphazzard nature of the document, this court expert expressed amazement that a bank would ever even refer to such a document, much less produce it.

 

b2601

1

070.090.040

 

Dr. Crnjak found that the document which ZABA used to try to prove that it paid out Mr. Pask Kacinari is a forgery, in fact, a primitive forgery made by gluing together two copies of the same type of form, which were thereafter filled out with a pencil.

 

The court expert, using the latest computer technology, scanned the document and then analyzed the ZABA-furnished document's details, concluding that the bank has submitted forged documents to a court-of-law.

 

Expert from the court expert's Assessment:

 

The document submitted by "Zagrebacka banka"... very probably was produced by the gluing together of two tables from identical document forms... The appearance of the form document copy indicates that it was subjected to manipulation, ii.e. forged.

b2701

9

 

 

 


 

 

 

070.100
"Report on the process of founding, i.e. transformation of banks ..."  submitted by the governor of the Croatian National Bank

Document number and name

First

page

No. of pages


070.100.010

"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.

This report shows that the Republic of Croatian never privatized ZABA, and that it has absolutely no knowledge about how banks in Croatia were transformed from state-legal entities to private banks. This report shows that the Croatian National Bank never even tried to obtain facts, and that it produced its report to the Croatian Parliament in such a way as to invite the banks to provide it with the facts, which it did not check. The report also shows that ZABA lied, and that the data from ZABA's shareholder register for Decembar 27/29, 1989 differ from the data it furnished to the Croatian National Bank.

This report also proves that a group of criminals with roots in the communist regime simply wrote ZABA over to their own names, through their off-shore firms, taking advantage of the war, which makes this operation into a war crime as well as the biggest wartime heist in Croatia. 

This report also proves that the Republic of Croatia never received a cent for this ownership transfer of ZABA: ZABA "leaked out of the state's portfolio without the latter even asking how this happened.

With this report, the Croatian National Bank also admits the validity of all of Pask Kacinari's claims, at the same time self-indicting itself that it failed to carry out its duties as Croatia's national and emissional bank - at least in the case of Pask Kacinari - which makes it an accessory to this crime.

b70110

























 
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070.110
ZABA Shares Re-Booked for 1.00 Croatian Kunas (cca. 14 Euros), While the Shares Expressed in Kunas Are Invalidated

Document number and name

First

page

No. of pages


070.110.010

ZABA Shares Re-Booked for 1.00 Croatian Kunas (cca. 14 Euros), While the Shares Expressed in Kunas Are Invalidated

ZABA's Annual Report for 1995, p. 135, section "Share Capital", states that on Jan. 1, 1994, the bank converted share capital denominated in Croatian kunas into share capital denominated in German DEM, and that the then-share capital consisted of 1,429 shares. Yet, on that day, the bank formally recognized the existence of 1,862,115 shares, which can be seen by looking at the following document

070.030.100

Even more important is the fact that, as of Jan. 1, 1994, the bank claimed the shares were worth 1.00 kunas. It should be emphasized that the Share Register was adjusted precisely on that day, by the bank's own admission, to show a share worth of 1.00 kunas. The Annual Report for 1995 also staets that the kuna-denominated shares have been made void.

Under the law, it is not possible to void shares.

Did the bank also void the shares of Pask Kacinari and "GAVRILOVIC" Company at that time?




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2