Hagens Berman Sobol Shapiro Cases

SUMMARY OF GOLD TRAIN DOCUMENTS

May 16, 1945 Document, Subject: "Hungarian Train Bearing Civilians"
"On the train were the valuables from small town treasuries consisting of diamonds, money, gold and silver articles, watches, and miscellaneous items which the Hungarians wanted to keep from falling into Russian hands. . . .
In the beginning, the gold was in one car, the silver in another, etc, but as there was danger of the train being bombed, the valuables were distributed throughout the train. Several attempts were made by Nazi agents to loot the train but in all but one instance, the Hungarians were successful in guarding their cargo. In the one instance the Nazis took approximately 500 chrome cased watches. . . . The train finally arrived in Buchstein [sic] where the trainmaster contacted the Swiss consulate who told them to contact our troops in Badgastein. . . .
The Hungarians desire to turn over the entire train to the American authorities."
This is the earliest U.S. document that mentions the Hungarian Gold Train.
May 21, 1945 Document that identifies the boxcars on the Gold Train carrying valuables by number and their general contents.
June 19, 1945 Document. This is a U.S. transmission of one of Hungary's first cables reminding the U.S. to protect the property and requesting its return.
News agencies have reported about "valuables, artistic works and historic relics which were robbed and taken by Szalasy regime from Hungary to Austria" and "that custody [over] such valuables was taken by United States troops near Salzburg. Hungarian government does not doubt that United States Army is properly safeguarding above mentioned valuables which represent Hungarian property and that in its generosity to Democratic Hungary the United States government will return them to the Hungarian State."
July 8, 1945 Document, Subject: Plan for Unloading and Storing Contents of the "Hungarian Train" in the Military Warehouse, Salzburg. This document outlines the plan for unloading, guarding and storing the contents of the train, which includes a detail of armed Hungarian guards assisting members of the U.S. armed forces.
Excerpt from Avar's August 2, 1945 testimony where he reports that the U.S. promised to keep the Gold Train safe and "to give it back" to Hungary for the benefit of the Hungarian Jews. The translation of the underlined portion reads:
"By the way, Colonel Amsworth and Captain Back sent from the U.S. High Command repeatedly and several times declared that they do not intend to take the valuables, but they wish to give it back to those, from whom they were taken."
August 28, 1945 Memorandum to Lt. Col. Heller. Memo requests priority for obtaining household furnishings for General Collins: "The General desires that all of the above listed items be of the very best quality and workmanship available in the Land of Salzburg. He specifically told me to say that he intended to hold you responsible for securing these items."
This is the second time that General Collins had requested Lt. Col. Heller to provide him with property form the Gold Train. It is important to note that according to U.S. documents, the Gold Train was not in the official custody of Col. Heller until August 29, 1945.
September 1945 Document, Subject: Inventory of "Werfen Train"
Paragraph 7 states: "During the examination of an old steel box, after removing a lot of old rags and envelopes, a lot of papers, in Hungarian were found. They apparently are lists of names of people from whom some of the items on the train were taken. These papers were left separated in the warehouse for the Military Government Property Control Officer because of their future use in determining ownership of some of the items."
This document confirms that the U.S. accepted into custody lists of owners of at least some of the property on the Gold Train
[UNDATED] Inventory summary regarding certain types of jewelry on the train. The document states: "Seven suitcases and/or boxes were found scattered through the train (marked V-1 to V-7) inclusive. They contain mostly envelopes or packages which are sealed with sealing wax and bear some name on the outside."
September 17, 1945 Document, Subject: Report on the "Werfen Train" Paragraph 5 states: "During inventory and interrogation of Dr. Avar Lazlo it was determined that the train contained items which had been taken mostly from Jewish people…."
Paragraph 6 states: "During the inventory a large amount of papers were discovered which appear to prove the fact that these things were taken from Jews and banks. Their papers are at the warehouse and Lt. Colonel Heller, MG Property Control Officer was told about them."
The U.S. knows that the property belongs to victims of the Holocaust from Hungary.
October 21, 1945 Document, Subject: Status of the Hungarian Train, referred to as the "Werfen Train." Lt. Col. Heller explains that no detailed inventory has yet been taken.
December 14, 1945 Document, Subject: Purchase of Merchandise states: "Aside from perishability it appears that there is no basis for legal authorization for sale of [Gold Train] property as requested."
This is one of many documents in which the U.S. rejects the idea that the stolen Jewish property is "captured enemy property." If it was what is known as CEM, then the U.S. could have sold the property at any time and for any reason because title to the property would have been with the U.S.
February 22, 1946 Document from Prime Minister Nagy requesting the return and protection of Hungarian property within the U.S. zone of occupied Austria.
March 18, 1946 Document, Subject: Survey of household furniture, furnishings, china ware, kitchen utensils and silverware under Military Government control in warehouses or vacant property explains that there are several hundred miscellaneous containers of objects that, if opened, the "means of identification of ownership will be lost."
March 23, 1946 Document, Subject: "Status of Household Furnishings, Chinaware and Silverware in the Property Control Warehouse" states: "based upon interrogation of Hungarian guards and officials taken with the train establishes that the rugs, chinaware and silverware on the train were taken from the Jewish people by order of the last Hungarian Nazi Government."
June 5, 1946 Note documenting General Tate's instructions: "There is evidence this property belongs to Hungarian Jews. It will not be used. Must be carefully protected."
[UNDATED] Confidential Memorandum from the State Department Member, SWNCC, Subject: Hungarian - Jewish property found in Austria - so called "Hungarian gold train."
In this document, the U.S. recognizes and explains the illegality of its conduct as well as the economic motivation behind its unlawful actions. This document is one of several so-called "smoking guns."
"Delivery to the IGCR under Article 8 is inappropriate because the origin of this property is known. Since the property belonged to Hungarian Jews, it can and should be devoted specifically to the rehabilitation of Hungarian Jews rather than to the more general purposes specified pursuant to Article 8 [of the Paris Agreement]"
The secret memorandum also explains that turning over the property to the IGCR "would be a breach of faith with the Hungarian Government since this government promised in its memorandum of June 14 to return identifiable displaced property removed under duress from Hungary subsequent to October 15, 1945."
August 28, 1946 Draft Memo from General Clark. General Clark states:
"Hungarian train which includes approximately 15,000 grams of gold bullion and 100 small cases jewelry and watches, but was uncovered in Austria and never repeat never been in Germany."
This document is an example of how even Generals knew that the U.S. decision to release the stolen Jewish property from Hungary to the IGCR was not in accordance with the Paris Agreement.
September 9, 1946 letter from Asst. Secretary of State Hilldring to General Draper, which states: "On June 14, 1946, the Department of State formally assured the Hungarian Government that restitution would be made of 'identifiable displaced property removed under duress from Hungary' uncovered in U.S. Zones of Germany and Austria."
This document confirms that the U.S. promised Hungary that it would return the Gold Train to Hungary.
November 7, 1946 action taken by SWNCC which, despite the promises to Hungary and U.S. restitution policy, reneges on agreement with Hungary and transfers Gold Train to IGCR because, in part, "the burden upon the Government of the United States in connection with the financing and rehabilitation and resettlement problems will be diminished."
March 21, 1947 Telegram from Dean Acheson, Acting Secretary of State states: "U.S. has also decided apply non-mon gold directive to Amzone Austria, although language Paris Act apparently provides no legal basis therefore."
May 6, 1947 telegram and report from the FED in Germany documenting the events and inventory concerning the second gold train. No detailed inventory or document like this apparently exists documenting the contents or acquisition of the Gold Train.
July 17, 1947 Document, Subject: Orders and Directives received and Actions taken by Property Control Section, Military Government, Land Salzburg, with reference to household furnishings loaned on memorandum receipt from Property Control Warehouse. This document details some of the duties and responsibilities of Property Control vis-à-vis the Gold Train and documents the systematic mishandling of the property.
October 23, 1947 Telegram to Secretary of State from Austrian Legation: "Legation, after further reflection, ventures suggestion that our proposal to turn over identifiable property at Salzburg to IGCR might be inconsistent with our previous liberal policy for restitution of Hungarian displaced property and with the spirit of Articles 27 and 30 of the Treaty."
New York Times articles from May and June 1948 on the auction of Hungarian Gold Train property. The articles summarize the auctions of Gold Train property including type of goods sold, the amount of property shipped to the United States and other details of the sales.
July 27, 1948 Outgoing Airgram from Secretary of State George C. Marshall to the American Legation in Budapest. This document stated:
Prior to their withdrawal from Hungary the Nazis had collected a considerable quantity of movable property belonging to Jewish victims of Nazi action. It is understood that this property belonged to Jewish victims in all parts of so-called Greater Hungary. It was removed by train to Austria, where, having been separated into two trains, it was found by American and French forces.
January 6, 1949, whistleblower Letter from Evelyn Tucker to Ardelia Hall.
"The position of the Fine Arts Officer in USFA was eliminated in July 1946 and from then until October 1947 the negligence of this explosive situation was hardly short of being criminal. (These are strong words, I know, but hear me out). There was no control then on what American officers sent home and there is very little now. I did what I could from my office position in Vienna to control the situation (though of course I could do nothing on what was sent to the States)."
"Before you decide that I'm just a frustrated woman (and I frankly admit that I am) let me say there is French looted fine arts in the General's villa in Salzburg, Dutch fine arts in the General's villa in Linz, a French looted painting in the Officers Club in Salzburg - all definitely identified and included on claims but I have not been allowed to reveal that I have found them; A Lt. Col. returned to the States recently from Salzburg taking with him 26 oriental Hungarian rugs - McKee (my chief) refused to let me write the Provost Marshall of his Army Post to investigate."
Affidavit of Jonathan Petropoulos, Ph.D, September 30, 2003, the Research Director for Art and Cultural Property for the Presidential Advisory Commission on Holocaust Assets in the United States. Dr. Petropoulos explains the "egregious failure of the United States to follow U.S. laws and policies."