130

The Case against ZABA WIDENS

 

 

130.010

 

 

130.020

Pašk Kačinari Files Complaint to the Croatian Agency for the Control of Financial Services  (HANFA)

 

 

130.030

 

 

130.040

 

 

130.050
History of ZABA, 1914-1984

 

 

130.060
Pašk Kačinari's Letter to the President of the Republic of Croatia, Asking for State Action against ZABA Robber Barons

 

 

130.070
Pašk Kačinari's Letter to Ivica Račan, president of the Social-Democratic Party of Croatia and former Croatian prime minister

 

 

130.080
Denunciation of the fraud to the European Anti-Fraud Office (OLAF)


 


 

 

130.010

Pašk Kačinari Officially Informs the Republic of Croatia of its Rigtful Ownership of ZABA Shares
 

Document number and name

First

page

No. of pages

 

130.010.010

ZABA was a bank originally founded under the Communist regime and, thus, was owned by the state. The legal successor of all such property is the Republic of Croatia. Since no state body of the Republic of Croatia was ever involved in the transformation and privatization of ZABA, the bank must necessarily be treated as state property - with the exception of the shares of the "Gavrilović" meat pricessing company, whose legal standing was confirmed by the Court, which sold the entire company, with all its rights, to Mr. Georg Gavrilovich, and the exception of the shares belonging to Mr. Pašk Kačinari, who invested his own private capital into the bank's founding capital. 

 

For this reason, Pašk Kačinari is herein proposing to the State to precisely determine the number of shares that belong to the "Gavrilović" company, as well the number of shares that belong to Mr. Pašk Kačinari (which amount has already been determined by court experts), with the remainder being the property of the Republic of Croatia. In the process, Mr. Pašk Kačinari is entitled to compensation for the found property according to Law, having found the lost property of the Republic of Croatia. Mr. Pašk Kačinari has decided to give up 10% of this finder's fee in favor of the Fund for Croatian Homeland War Veterans and their families.
 



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130.010.020
Letter by the President of the Republic of Croatia

 

President of the Republic of Croatia, Stjepan Mesić, has written to Mr. Pašk Kačinari, via his Office for Public Relations, that he has studied and taken under consideration Mr. Kačinari's Report on the Ownership Rights of the Republic of Croatia to the shares of ZABA.
 
This means that, through his authority, he must not allow for the State to lose its legal rights to shares under its ownership.


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130.020
Pašk Kačinari Files Complaint to the Croatian Agency for the Control of Financial Services  (HANFA)
 

Document number and name

First

page

No. of pages

 

130.020.010

 

HANFA was formed in November 2005 and, beginning with the spring of 2006, has begun carrying out measures aimed at instituting law and order into the Croatian financial system. This filing is HANFA's first serious case, on the basis of which it shall be established whether the newly-formed agency represents a path toward solving Croatia's problems and, by extension, the Kacinari case, or whether it is simply yet another in a series of administrative facades behind which some other interests are hiding.

Since a new institution has been established in the Republic of Croatia, charged with overseeing the legality of trading in company shares - HANFA (Croatian Agency for Oversight of Financial Services), Pask Kacinari has reported to it illegalities in the trading of ZABA shares. As we are faced with a situation that a commercial papers - i.e. ZABA shares - have appeared in the Croatian capital markets, and that their issuer, ZABA, cannot furnish proof of how they were issued, and how they were transformed from state-owned to private shares, and, moreover, that ZABA cannot in any way prove how many shares it was supposed to emit and on what basis, and that it is not known, even to the auditor of ZABA, how many shares ZABA has put away in its treasury, it is obvious that the trade in the shares of ZABA is illegal.

Besides the Croatian Central Bank, the most responsible institution in this regard is, in fact, HANFA
.
 



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130.020.020
HANFA Invites Pašk Kačinari to Meeting

In relation to a legal complaint concerning the trading in shares of ZABA, director of the Croatian Agency for Oversight of Financial Services (HANFA), Ante Samodol, invites Pask Kacinari to a meeting on May 3, 2006.

No minutes were kept at the meeting. Nevertheless, at the meeting, Ante Samodol acquainted Pask Kacinari with a report by Croatian Central Bank governor, Zeljko Rohatinski. The full name of the report is:

"REPORT ON THE PROCESS OF FOUNDING, OR TRANSFORMATION OF BANKS INTO STOCK COMPANIES OR LIMITED LIABILITY COMPANIES, WHICH WAS CARRIED OUT ON THE BASIS OF THE LAW ON BANKS AND OTHER FINANCIAL ORGANIZATIONS" which was submitted to the president of the Croatian parliament by the Croatian Central Bank governor, by an act of July 18, 2005, which Pask Kacinari promptly obtained and posted on this website.
 

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130.020.030
Pašk Kačinari submits to HANFA director Report by the Governor of the Croatian Central Bank (HNB)

As soon as he obtained the HNB governor's Report, i.e., "Report on the process of founding, i.e. transformation of banks into stock companies or limited liability companies, which was carried out according to the Law on Banks and Other Financial Institutions," which was submitted to the president of the Croatian parliament by the governor of the Croatian National Bank, by an act of July 18, 2005., he submitted the same Report to HANFA director Ante Samodol. In the process, Pašk Kačinari underlined that it can be seen from this Report that the Republic of Croatia literally has no knowledge, i.e. "has no papers" about how it was that ZABA, from a state-owned bank, became a "private" bank, i.e. that the State has no knowledge about how its most valuable piece of property literally disappeared from the state portfolio, without a single cent of compensation. In addition, Pašk Kačinari points out to HANFA director Ante Samodol that the Report by HNB Governor Željko Rohatinski makes it clear that the trade in ZABA shares is illegal, and that, along with HNB, HANFA is the most resposnible agency for ensuring the legality of the trade in ZABA shares.
 


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130.020.040
As the only body of the Republic of Croatia charged with oversight of the lawful trade in commercial papers of ZABA, HANFA is relinquishing its authority

The Croatian Agency for Oversight of Financial Services (HANFA) has eliminated the possibility for executing oversight over the legality of the trade in ZABA shares on the territory of the Republic of Croatia, by which it has clearly admitted that, in relation to ZABA shares, the Republic of Croatia does not function as a legally ordered and sovereign state.

In this way, ZABA has been placed outside of the control of the legal control of the state on whose territory it is registered. Since ZABA has integrated with German insurance giant "Allianz A.G." and Italian bank "Unicredito Italiano S.p.A., the illegality of trading in ZABA shares, regarding which the Republic of Croatia, by way of HANFA, has renounced all oversight, has in this way spread to the West, i.e. to the global capital markets.


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130.030
Pašk Kačinari Files Complaint to the Department of Crime Problems, Council of Europe
 

Document number and name

First

page

No. of
pages

130.030.010
Pašk Kačinari Files Complaint to the Department of Crime Problems, Directorate General of Legal Affairs, Council of Europe

Complaint regarding the false disclosure of share capital by a foreign  corporation, “ALLIANZ” A.G., Munich, Germany to the NYSE, based on the violation of stock ownership rights of Mr. Pašk Kačinari,    Zagreb, Croatia, shareholder of "Zagrebacka banka" d.d., Zagreb, Croatia, acquired  by a Consortium consisting of ‘ALLIANZ” A.G. and “UNICREDITO   ITALIANO” S.p.A. Milan, Italy.


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130.040
Pašk Kačinari reports the rights of the City of Zagreb to shares of ZABA

Document number and name

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page

No. of
pages


130.040.010
Pašk Kačinari reports the rights of the City of Zagreb to shares of ZABA

ZABA originally came about through a merger of the City of Zagreb communal bank and the Jugobanka branch in the Republic of Croatia.

This means that the City of Zagreb, by the fact of being a co-founder of ZABA, is also one of its shareholders.

Thus, on September 13, 2006, Pašk Kačinari submitted to the City of Zagreb proof of its rights to ZABA shares, requesting the initiation of legal proceedings that would confirm these rights. In the process, Pašk Kačinari underlined his title to 142,576 ZABA shares, as well as the titles of the "Gavrilovic" meat-processing company. Thus, Pašk Kačinari has requested the status of Party in the process of establishing the rights of the City of Zagreb to ZABA shares, and that the process include the establishment of the rights to ZABA shares of the City of Zagreb, Pašk Kačinari, and "Gavrilovic."

In the process, Pašk Kačinari has pointed out that he has located for the City its lost property, and, on the basis of the law, has submitted a finder's claim in the amount of 10% of the found property - the shares of ZABA - for the benefit of the Republic of Croatia, One tenth of this finder's claime (i.e. 1% of the total State property so found), Pašk Kačinari shall transfer to the Fund of Croatian War Veterans and their families.
 



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130.040.020
The City of Zagreb Renounces its Rights to ZABA Shares and Real Property Usurped by ZABA

The Zagreb City Administration, represented by the undersigned Ninoslava Zekovic, Deputy Director of the Property-Legal Section, has signed a decision by which it has renounced the possibility for the competent City of Zagreb bodies to determine the City's rights to ZABA shares and real property usurped by ZABA.
 


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130.040.030
Jutarnji list:
An article from the Zagreb daily "Jutarnji List" of November 13, 2006, in which ZABA explicitly admits that it was created through the merger of the former Zagreb City Savings Bank (Gradska Stedionica), which was the city's own bank in communist times, and Serbian-based Jugobanka's Croatian branch.

Accompanying the article is a photo of ZABA's building on Jelacic Square (Jelacicev trg br. 10) in Zagreb, which was built by the moneys of the City of Zagreb during the 1930s, and, subsequently, by a decision of the People's Committee of the City of Zagreb of 1953, incorporated into ZABA as capital invested by the City of Zagreb into its own communal bank.
 

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130.050
History of ZABA, 1914-1984

Document number and name

First

page

No. of
pages

130.050.010
History of ZABA, 1914-1984

This document shows a detailed history of ZABA, from its beginnings in 1914, as the Zagreb City Savings Bank ("Gradska štedionica Grada Zagreba"), to 1984. From this document it can be clearly seen that:
 

  • ZABA was founded by the City of Zagreb, as the city's own communal bank (pp. 8-12),

  • That, under the name of City Savings Bank (Gradska štedionica), ZABA continued to function after World War II, i.e. after the nationalization of the banking sector (pp. 19, 25),

  • That, through the decentralization of the banking industry, ZABA once again became the communal bank of the City of Zagreb, which can be seen from the decision of the Peoples Committee for the City of Zagreb, which incorporated into ZABA the building located at Jelacicev trg 10, and named the executive board of Gradska štedionica, one of whose members became Stjepan Mikša, whose son, Branko Mikša, was the mayor of Zagreb and a minister in the Croatian government during the 1990s, and is today a member of the suupervisory board of "Agrokor d.d." companu (pp. 31-32, 34),

  • That in 1966 Gradska štedionica merged with local communal banks from northwestern Croatia into the Zagreb Credit Bank (Kreditna banka Zagreb), with the majority of the latter's capital being in fact the capital of Gradska štedionica, the City of Zagreb's communal bank, which retained its organizational autonomy within Kreditna banka Zagreb (p. 40),

  • That, in the process, the capital that the City of Zagreb had incorporated into Gradska štedionica had now become a part of Kreditna banka Zagreb, including the building at Jelacicev trg 10, and the building in Paromlinska 2, which buildings are today the offices of the entire ZABA management, with the chief management being seated at Paromlinska 2 (p. 42-43),

  •   That on December 14, 1977, a merger was carried out between Kreditna banka Zagreb and Jugobanka - Main Bank in Zagreb, forming today's ZABA (as of January 1, 1978). The document clearly shows that all of Jugobanka's real property was transferred to today's ZABA (pp. 42-43).


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130.060
Pašk Kačinari's Letter to the President of the Republic of Croatia, Asking for State Action against ZABA Robber Barons
 

Document number and name

First

page

No. of
pages

130.060.010

Pašk Kačinari's Letter to the President of the Republic of Croatia, Asking for State Action against ZABA Robber Barons

In his letter to the president of the Republic of Croatia, Mr. Stjepan Mesić, of Nov. 30, 2006, Pašk Kačinari, among other things, points out that the group of people that transferred ZABA shares to their own names are actually a "fifth column," which has "stuck a knife in Croatia's back," thus acquiring properties worth billions of euros, while economically mutilating Croatia.

The letter also points out that ZABA "pushed" into bankruptcy almost all of its 1287 original founders, as well as many other economic entities, and, by way of these bankruptcies, acquired possession of the founders' real estate properites throughout Croatia. The letter also underlines that the entire so-called "construction lobby" in Croatia is essentially tied to ZABA, as it is constructing new objects on real properties that ZABA has snatched through the forced bankruptcy process. It is further pointed out that the former "Varaždinska banka" bank has also been fused to ZABA. This bank was, like ZABA, never privatized, but nevertheless became private. It was through this bank that some quite "strange" privatizations in the Varaždin Region were carried out during the 1990s, in which the Republic of Croatia was damaged for huge sums of money.

Kačinari further points out that those that have been serving as a front for the stolen money, Unicredito and Allianz, are now "fleeing", transferring the now-rather-uncomfortable ZABA shares to a significantly smaller Austrian bank, who will now serve as the nominal owner. However, this bares the robbery wide open, because it becomes obvious that ZABA has no true foreign owner, which means that the illegal situation around ZABA can no longer be ignored.

Finally, Pašk Kačinari concludes that the precondition for establishing a legal state in Croatia is the clearing up of the situation around ZABA, and the return of Croatia's stolen property.



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130.070
Pašk Kačinari's Letter to Ivica Račan, president of the Social-Democratic Party of Croatia and former Croatian prime minister

Document number and name

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page

No. of
pages

130.070.010
 

Pašk Kačinari's Letter to Ivica Račan, president of the Social-Democratic Party of Croatia and former Croatian prime minister

The Social-Democratic Party  (SDP) is the ruling party in Zagreb, headed by Mayor Milan Bandić. Since the local Zagreb city organs have not reacted to Pašk Kačinari's reports of their own rights, Mr. Kačinari has decided to inform the SDP president about the city's rights. While the SDP and its president are formally advocating a clearing up of the wartime pillaging of Croatia and an extension of the legal expiration dates for the prosecution of war profiteering and pillage, SDP's local power-holders in Zagreb are not reacting to a documented report about a pillage whos victim was the City of Zagreb itself, which has the rights of reclaiming the stolen property. Pašk Kačinari sees in this the hand of a local clique at the Zagreb city level and that clique's sabotage of the SDP president himself. Thus far, Pašk Kačinari has not named any names, leaving it to the president of the SDP to determine the names of local SDP office-holders who are obstructing the righs of the City of Zagreb and damaging the interests and reputation of the SDP itself.


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130.080
Denunciation of the fraud to the European Anti-Fraud Office (OLAF)

Document number and name

First

page

No. of
pages

130.080.010
 

Denunciation of the fraud to the European Anti-Fraud Office (OLAF)

European financial institutions (UNICREDITOITALIANO, BANKAUSTRIA, ALLIANZ) act or acted as the nominal owner of ZABA, and in fact they are not, and were not the owners at all. These institutions registered ownership of the bank what has falsified Balance book. Therefore these facts proved the existence of the fraud and other serious irregularities which have impact on the EU budget, as well as the serious misconduct on the part of members or staff of European institutions, so The European Anti-Fraud Office (OLAF) is competent for the case.
 



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