Hagens Berman Sobol Shapiro Cases
Hungarian Gold Train Fact Sheet
What is the Gold Train?
In May 1945, the American Army accepted possession of a train in Austria that contained the personal property and valuables, including – gold, jewelry, art, and religious objects – that the Hungarians and Nazis confiscated from the Jews of Hungary. Authorities made no effort to return identifiable, valuable personal assets, refused requests to inspect the property, and did not respond candidly to inquiries about the property. The staff of the U.S. Presidential Commission on Holocaust Assets found that the story of the “Gold Train” is a “mysterious example” of an “egregious failure” to follow the United States’ restitution policy.
What Is the Gold Train Case?
In May 2001, a group of Holocaust survivors and their heirs sued the U.S. government in the Federal District Court in Miami, Florida seeking among other things an accounting of the U.S. property, a return of any property still in the possession of the United States and damages up to $10,000 per person (the jurisdictional limit in this court). The government is vigorously defending the lawsuit and even sought to have it dismissed relying on sovereign immunity and statute of limitations defenses. In late August 2002, the U.S. District Court in Miami upheld some aspects of the complaint, permitting the case to go forward on limited grounds. The Court permitted access to some government records, but other records remain classified or sealed.
Why Is this Case Filed Now?
The case is filed now because the truth is only coming to light. Information regarding the Gold Train was “classified” for many years. The court in Miami has said that the complaint sufficiently alleges that the Hungarian Jews were “tricked by the government’s conduct into allowing the filing deadline to pass.”
What Became of the Property?
The government has never offered an accounting and no one knows for sure what happened to the property. It appears that some of the property went to the quarters of senior U.S. military officers; some was sold at PXs; some property was auctioned for the benefit of refugee organizations; and most or all the paintings went to the Government of Austria. One purpose of the case is to make sure all the facts are told.
What Are the Prospects for Success?
The lawsuit seeks more than just a monetary recovery. It also seeks an accurate historical record, accounting and restitution. There remain substantial legal hurdles to surmount. Recovery is by no means guaranteed.
What is the Current Status of the Case?
The Government recently asked for permission to file an appeal of the Court’s preliminary rulings, and delay the case indefinitely. The Court denied the Government’s request and has ordered that the parties to begin discovering the facts. We took the position that the Government’s request was extremely unfair to the thousands of U.S. citizens of Hungarian origin who are among the Plaintiffs, including thousands of U.S. citizens, who deserve a judicial forum, and that it was also contrary to the United States government’s previously strong advocacy of full disclosure and accountability for Holocaust-era assets wrongly retained by European governments and businesses.
What Can You Do to Help?
Many of you have asked what you can do to help and whether you can write government officials and elected representatives.
Most importantly, you can help us dertermine if your property was on the Hungarian Gold Train. Please take the time to review the Hungarian Gold Train Database and identify any items that belonged to you. If you have information about the Gold Train or the handling of the Hungarian Jews property, call Brent Walton at (206) 623-7292.
Second, if you or a family member is a potential member of the Class, and you can call the situation to the attention of appropriate public officials. You have a constitutional right to do this. You may ask them to use the power to stop the government from delaying the case or to reach an honorable resolution. If you write, you may wish to send us a copy of your letter. Please send copies of your correspondence to Brent Walton at Hagens Berman Sobol Shapiro LLP, 1301 Fifth Avenue, Suite 2900, Seattle, WA 98101. Attached are addresses for: (1) some Members of the Executive Branch; (2) your Senators and your Member of Congress (please check for your zip code to find the address of your Member of Congress).
Relevant Executive Branch Officers
Honorable George W. Bush
President
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Honorable Colin Powell
United States Secretary of State
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable John Ashcroft
Attorney General
Office of the Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Honorable Randolph Bell
Special Envoy for Holocaust Issues
Department of State
Harry S Truman Building
2201 C Street, N.W.
Washington, DC 20520
(202) 647-8521
fax (202) 647-8526
Mr. Josh Bolten
Assistant to the President and
Deputy Chief of Staff for Policy
The White House
1st Floor, West Wing
(202) 456-6798