During World War II,
vast amounts of gold changed hands in Europe, most of it seized by Germany, from
whence it traveled on to neutral countries to pay for vital war materiel. One
example is the relatively small amount of looted and state gold (worth hundreds
of thousands of dollars, however, in today's money) that Ustasa
fascists took to Rome, where the gold was kept in Vatican extraterritorial
property or in the Vatican Bank. In either case, top Vatican personnel would
have known the whereabouts of the gold.
Before the collapse
of the Yugoslav government and the onset of the quisling Ustasa
regime in 1941, Yugoslavia's gold was divided up for safekeeping and stashed in
various locations. Some of it was hidden in a cave near Mostar, fifty cases
were taken to another city, forty-four cases were taken to Herzegovina, and
ninety cases remained in Niksic, the site of the original vault. During the
war, the Italian government stole 184 cases of this state gold, only to have
the Germans seize it.1 The Italians, however, had not been able to steal the
gold that was in Croatia, the rump, fascist puppet state that remained after
the collapse of Yugoslavia. This was the gold, or some portion of it, that made
its way to Rome after the war.
When they are victims
of grand larceny, individuals and states act very much alike; they want their
money back. Tito's Yugoslavia appealed to an international committee after the
war, asking that Germany return its treasury-its gold. Survivors of the Ustasa terror or their next of kin now living in California
have brought a class-action lawsuit in federal court against the Vatican,
charging that it profited by the gold the cronies of dictator Pavelic took from
them or their families and asking for restitution.2 Specifically, Alperin v.
Vatican Bank charges that the Vatican bank laundered and converted "the Ustasa treasury, making deposits in Europe and North and
South America, [and] distributing the funds to exiled Ustasa
leaders including Pavelic."3
In 1997, Swiss banks,
after having claimed that they no longer had records of deposits made by
European Jews during World War II, were caught red-handed trying to destroy the
evidence. In response, President Bill Clinton issued an executive order directing
all branches of the U.S. government to open their wartime records for scrutiny
and pressured other countries to follow the U.S. example. Fourteen European
countries and Canada and Argentina complied, appointing committees to
investigate possible Holocaust assets in their homelands. One state refused to
comply-the Vatican. The U.S. State Department asked the Holy See to open its
bank books, but to no avai1.4 Why would the Holy See, a church-state with
ideals commensurate with that standing, need to hide its financial transactions
in the face of the willingness of secular states to open theirs to answer
legitimate Holocaust-related questions about their finances? The answer may be
that the Vatican acted during the war and the Holocaust more like a state than a
church. The brief in Alperin v. Vatican Bank asks for accountability on the
part of the Holy See. Unless the Vatican settles the case and makes
restitution, it may be forced, at last, to reveal its wartime bank books. In
Catholic moral theology, wrongful possession of another's goods has always
required restitution. Lawsuit or no lawsuit, the Vatican, according to its own
teaching, should make restitution if it received stolen property during the war
or profited from loot that others had stolen.
The principal
document state department historians used in 1998 that linked the Vatican to
looted gold was the Bigelow dispatch. On October 16, 1946, Emerson Bigelow,
writing from Rome, wrote the following report to Harold Glasser, director of
monetary research at the U.S. Treasury Department:
The Ustascha [sic] organization (a Croatian fascist
organization, headed by Ante Pavelic) removed funds from Jugoslavia
estimated to total 350 million Swiss francs. The funds were largely in the form
of gold coins.
Of the funds brought
from the former Independent Croat State where Jews and Serbs were plundered to
support the Ustascha [sic] organization in exile, an
estimated 150 million Swiss francs were impounded by British authorities at the
Austro-Swiss frontier; the balance of approximately 200 million Swiss francs
was originally held in the Vatican for safe-keeping. According to rumor a
considerable portion of this latter amount has been sent to Spain and Argentina
through the Vatican's "pipeline," but it is quite possible this is
merely a smokescreen to cover the fact that the treasure remains in its
original repository.5
Bigelow stated
matter-of-factly that the Ustasa removed the gold
from Croatia (formerly Yugoslavia) to Rome and the Vatican, where the treasure
was used to support the organization in exile. Then Bigelow reported that there
was a rumor that the gold had made its way on to Spain and Argentina through the
Vatican ratline.
Forty-six million
1946 dollars' worth of gold is an enormous quantity, $474 million in 2006
dollars. How reliable was the Bigelow dispatch? What was the source of his
information? Bigelow was not an intelligence agent; his area of competence
centered entirely on monetary issues. Because he specialized in just this one
area, his report deserves our consideration. Bigelow sent many reports to the
Treasury Department during the postwar years on monetary developments
worldwide, including one in the summer of 1946 that dealt with a large amount
of gold that a Ustasa official had taken to
Switzerland. But unfortunately, Bigelow was not in the habit of mentioning the
source of his information. And although he seemed confident about what he told
Glasser, except for the whereabouts of the gold, his report was filed fourteen
months after the time the Ustasa left the Balkans in
May 1945.
Bigelow's dispatch
gains some credibility from independent concurring testimony. A onetime OSS
agent, William Gowen, whom we will have occasion to discuss extensively in the
next chapter, has given a deposition as an expert witness in the Alperin us.
the Vatican Bank case, asserting that while in Rome in 1947 he learned that in
1946, a Colonel Ivan Babic had transported ten truckloads of gold from
Switzerland to the College of San Girolamo Degli Illirici
(the Croatian seminary) in Rome near the Vatican. Ten truckloads! The time of
the reported transportation coincides with the date of Bigelow's report-October
1946.
For the Ustasa to have taken such a huge shipment from Switzerland
presupposes prior gold exchanges between Pavelic's Croatia and Swiss banks.
That this happened is entirely credible. An independent commission of experts,
the Bergier Commission, Jinked Swiss banks with Croatian gold transactions
during the war.6 Furthermore, Agent Gowen testified that the Croatian priest
Krunoslav Draganovic, who is mentioned repeatedly in
documents bearing on the Ustasa treasury, bragged to
him about the delivery of gold from Switzerland. How credible is Gowen's
testimony? He was, after all, recalling an incident that occurred a full
half-century earlier to which he was not an eyewitness. On the other hand, a
ten-truck convoy headed to Saint Jerome's seminary would certainly have been an
unusual sight in 1946. Gowen was on the scene less than a year after the
presumed transfer of the gold, and it was his responsibility as an intelligence
agent to gather any and all information he could pertaining to the exiled Ustasi living in the college of St. Jerome's, where the
gold had supposedly been delivered.
The state department
historians who drafted the Eizenstat monograph and pressed the Vatican for its
bank data knew that their archival research was incomplete.? To encourage other
governments to open their books, state department historians quickly sifted
through millions of pages of newly released federal documents that had been
made available by government offices as a result of President Clinton's
executive order. The u.S. records, it was thought,
might indicate the whereabouts of transferred gold that was stolen during the
war. When the researchers came across the Bigelow report, which identified the
Vatican as a state that possessed stolen gold, they included it in the
Eizenstat report. This and other information in the monograph was intended to
induce all World War II neutral nations, including explicitly the Vatican, to
"take up a moral and political task" that would allow them to
"come to terms with [their] own history and responsibility." It took
another eight years for a team of historians to work their way through and
catalogue the millions of pages of documents. As a result of their work, we
have other sources besides the Bigelow report to rely on.
Early on in his
storied career as a U.S. spy, Strategic Services Unit agent James Angelton filed a report considerably earlier than that of
Bigelow regarding the theft of gold in Croatia. Writing in January 1946, Angelton reported that a large number of Ustasi had fled their country, traveling northward through
Klagenfurt, Austria. Angelton does not say when they
fled, but we know from other sources that it was in May 1945. Thus, the Angelton report is much closer to the event than Bigelow's.
It is important to note that Angelton mentioned the
priest Krunoslav Draganovic (and no one else by name)
in connection with the transport of the gold. Intelligence agents repeatedly
mentioned Draganovic in connection with the gold, as
we will see in this chapter and subsequent ones. Emerson Bigelow did not get
his information about the gold from Angelton's report
because the latter merely states that the gold was contained in two boxes and
did not assign any monetary value to it.8 Furthermore, Bigelow's 1946 report
could not have had any connection with Angelton's
earlier report because Angelton spoke of two boxes,
whereas BigelowGowen spoke of ten truckloads. Of
course, we may be dealing with two shipments to Rome that took place at
separate times and independently of each other. But on the face of it, two
boxes seem more credible than ten truckloads. The Ustasa
priest, Draganovic, is named in connection with both
shipments.
As the months passed
in 1946, intelligence agents tracked the Ustasa, a
rogue government during the war and an illegal movement after the war, and the
gold various Croat fascists had at their disposal. In October, the same month
of the Bigelow dispatch, British authorities arrested the Ustasa's
General Moskov in Venice and "confiscated 3,200 gold coins and 75
diamonds."9 Gold coins and loose diamonds equates unmistakably with victim
loot. We may deduce, further, from the arrest in Venice that when the Ustasi fled Croatia they divided up the gold among them.
But whether this was the same cache of gold as that of the priest Draganovic cannot be said.
Germany stole or
seized so much state and looted gold during the war that afterward the United
States, France, and Great Britain set up a commission, called the Tripartite
Commission for the Restitution of Monetary Gold, in an effort to return
national treasuries to their rightful states. Much of the ill-begotten gold had
flowed from Germany through Swiss banks and on to Spain and Portugal to pay for
the wolfram ore or tungsten that Germany needed to produce steel for modern
armaments. Salazar had purchased millions in foreign currencies with the gold
Portugal realized from exports to Germany. Clearly, these transactions amounted
to multiple millions of dollars, indeed billions in today's currencies. The
small quantities of precious metal Croatian fascists stole from their
countrymen and their nation were part of these transactions. Yugoslavia, a
state once again after the war, if not a nation-state, claimed the Ustasa loot, and its Communist dictator, Josip Tito, wanted
the gold returned.
In May 1947, almost
two years to the day after the Ustasa regime fled,
Yugoslavia brought its claim to the Tripartite Commission, alleging that the
Croatian fascists had stolen over 117 kilograms of fine gold that was worth
$176,250 in 1940 currency. The presumed theft had occurred in 1941, at the time
of the collapse of Yugoslavia. In addition, the Yugoslavs claimed that
"the Croatian bank purchased gold looted by the Ustasha
from Serbs, Jews and others or took it from their corpses. Several hundreds of
thousands were killed by Ante Pavelich. "10 This gold, the claimants
limply pleaded, must have been handed over to the Germans or to Allied
authorities because of its weight. Does this claim imply that the plundered
gold went north to Germany instead of south to Rome? The question has obvious
implications for the U.S. State Department's challenge to the Vatican. If ten
truckloads of stolen Yugoslav gold were delivered from Switzerland to Rome in
1946, as Bigelow claimed and Gowen recalled, why did Tito not ask the
Tripartite Commission to investigate such an immense stash of gold instead of
the minute (in comparison) 117 kilograms in German hands?
Basing his opinion on
records of the German Reichsbank, U.S. army officer William G. Brey asserted in
October 1947 that the Yugoslav claim could not be substantiatedY
Nevertheless, the Tripartite Commission decided to hear the case that year.
Attempting to bolster its suit, in 1948 Yugoslavia produced a witness to the
theft. Mato Crnek, a bank official, saw the gold
being taken from the bank, or so the Yugoslavs claimed. The story had to be
changed later when it became known that Crnek was in
the service throughout the war and not in the bank. Crnek
mustered out of the army on April 30, 1945, and headed northward toward Austria
on May 8. This is what Crnek said he witnessed:
I saw a lorry being
driven byVutuc [a Ustasa
officer] himself .... Vutuc provoked often incidents
on the way being awfully rude, he was menacing with a revolver in his hand
everywhere. At a crossing not far from our frontier, the column stopped and the
driver said to me that Vutuc [had] provoked an
incident again. Being inquisitive, I went forward and at that moment I saw that
four German officers (or noncommissioned officers) [his emphasis] were aiming
at Vutuc with their revolvers and forced him to turn
aside from the road into a meadow. I continued on my way further.12
There, out of Crnek's sight in the meadow, the Germans supposedly
relieved Vutuc of the Ustasa's
gold.
Yugoslavia's claim
before the Tripartite Commission totaled 117.55623 kilograms consisting of
84.80352 kilograms of fine gold, 28.63436 kilograms of sundry gold coins, and
4.11475 kilograms of gold scrap and shavings. The commission accepted Crnek's testimony, not because of his alleged banking past
but because as an army veteran he would have known the difference between the
uniforms of the Allies and the Germans: "Furthermore," the commission
wrote in its final statement, "Mr. Mato Crnek
who, since 10 April, 1941, must have been subjected to the German and Italian
military administration . . . and must have been familiar with the uniforms of
the Axis armies, stated, on oath, that they were four German officers" who
had detained Vutuc and relieved him of the gold.13 Of
the 117 -plus kilograms of gold, the commission decided that 109.34773
kilograms undoubtedly belonged to the Yugoslav bank and had been stolen by the
illegal Ustasa regime. The remaining 8.20490
kilograms of gold did not belong to the national bank but consisted of gold the
Ustasi had looted from its victims and from corpses.
The deliberations of
the Tripartite Commission took place after Emerson Bigelow's October 1946
dispatch, but there is no indication that the commission took Bigelow's
statement into account in its decision. Since Bigelow's report was made to the
Treasury Department, not to the U.S. intelligence service, it may not have been
readily available to the commission. If the commission was cognizant of it (and
there is no evidence it was), the members would not have seen it as relevant to
the removal of the gold on the nights of the 7th and 8th of May 1945 from the
vault in the Croatian bank, where the Ustasi had
stashed it, presumably in 1941. In other words, the commission did not think in
either-or terms-that the gold had gone either to Germany or to Rome. In this
they were unquestionably right, because, as we will see, the amount of gold
taken to Rome exceeded by far the 117-plus kilograms the German soldiers
supposedly seized. Furthermore, as the report of the arrest in Venice of a Ustasa fugitive with a stash of gold and diamonds, the
report of the gold taken during the war to Switzerland, and the report of the
two boxes of gold in Father DraganoviC's possession
all suggest, a number of different fascist runaways helped themselves to gold,
whether in the form of looted coins or bank bars. In a word, the decision of
the Tripartite Commission does not invalidate the reliability of the Bigelow
dispatch.
Simultaneous with the
publication of the State Department's Eizenstat monograph that challenged the
Vatican regarding the Ustasa gold, the Croatian
Historical Institute in Zagreb published its own account of the stolen gold.
State department historians were unaware of the Croat publication, but
subsequently one of the department's historians, Ron Neitzke, reviewed it and
found reason to be critical of the Eizenstat monograph. "The Bigelow
report [contained in the monograph] is at such variance with other credible
sources that it must be regarded with extreme skepticism," Neitzke
wrote.14 The well-documented Croat study shows that the Ustasi
took 287.710 kilograms of gold in bars and coins, which comes to over 431,550
in 1946 dollars and well over 4 million in today's currency. Neitzke did not
question whether the gold was brought to Rome but how much gold was brought
there. The 287 kilograms the Croat study reported weighed more. than 600
pounds-too much for Agent Angelton's two boxes but a
load that would not tax one truck, let alone the ten trucks Bigelow and Gowen
reported. Thus, the Croatian study shows that the Ustasi
got away with a considerable amount of gold, some of which made its way to
Rome.
The Croatian
Historical Institute's research reinforces the evidence in the U.S. national
archives that various Ustasa personnel dipped into
the looted and stolen gold. Two trunks of gold were carried over the
Slovenian-Austrian border, one trunk was broken into near Wolfs berg, Austria,
by lower-ranking Ustasa officers, and two trunks went
to Rome. In addition, an unknown quantity of gold coins was passed around to a
number of Ustasa fascists as they made ready to flee
their homeland on May 7, 1945. There is some evidence that British occupational
authorities also acquired part of the loot.15
The Croatian record
backs up the accuracy of Angelton's 1946 report: both
identify Krunoslav Draganovic as the person who took
the gold to Rome. Angelton, however, did not know how
much gold Draganovic carried away in the two boxes.
The Croat study puts the amount at about 45 kilograms, worth a little more than
$67,500 dollars (about $697,846 in 2006 dollars). Two boxes or two trunks could
easily transport 45 kilograms-99 pounds-of gold. At any rate, 45 kilograms was
the amount Draganovic had in his possession in Rome.
Whether other Ustasa fugitives had additional
portions of the 287-plus total kilograms of gold that were taken cannot be
said, but it is not unlikely.16
Beyond any doubt Ustasa gold came to Rome. What happened to it after it
reached Rome? Where was it kept? The Croatian Historical Institute provides the
following account. From June 1945 until January 1946, Father Krunoslav Draganovic kept the 45 kilograms of gold in his possession
in Rome, not at the Vatican and not in the Croatian seminary of St. Jerome's,
where almost all of the Ustasa fugitives and refugees
had their board and room. Approximately half of what Draganovic
took out of Croatia was in the form of gold coins, most of which had been
looted from Jewish and Serbian victims of the Ustasa
terror. During the latter months of 1945, Draganovic
spent about 10 percent of the gold, whether on himself or to support other Ustasa fugitives is not known. At any rate, in January 1946
Vilko Pecnikar, a former general in the Croatian
army, relieved Draganovic of the remaining gold at
gunpoint.17
Looking back, we can
see that we have two absurdly different accounts of just how much gold traveled
to Rome via the Ustasa exiles. Was it ten truckloads
or two boxes? This discrepancy is little cause for wonder when we reflect on
the situation in wartime Europe. Faced with the Ustasa
treachery, the Yugoslav regime divided up its gold and hid it in a number of
locations, some of which we have identified. But was that all of them? Then the
Italians stole much of the hidden treasury. But how much? Not all of it, in all
likelihood. Evidence indicates that a good many other thefts took place that
can no longer be reliably traced, either with regard to where and when the
theft occurred or with regard to the eventual whereabouts of the loot. Whatever
the Italians had seized, the Germans, in turn, seized from them. This might
have been the gold that the Tripartite Commission returned to Yugoslavia. Had
ten truckloads of gold been taken in 1946 from Switzerland to Rome, Tito would
surely have demanded the return of this gold first, since it exceeded the value
of what the Germans had taken by billions and billions of dollars. In the end,
the study of the contemporary Croatian historians is more credible by far than
the reports of Bigelow and Gowen. That Vilko Pecnikar
might have relieved Draganovic of two boxes of gold
can easily be imagined; that he took ten truckloads from him cannot.
The supposition here
is that Draganovie was misusing the gold, which
caused Pecnikar to take it from him. The Ustasa removed the gold from Croatia to fund a conspiracy
to overthrow Tito. One cannot rule out personal gain, of course, but the dream
of a return to glory and power gripped the Ustasa
leader, Ante Pavelie, whenever he was in exile. As we
will see in the following chapter, Pavelie found a
secure hideout in Rome in Vatican properties after the war. There he plotted
his dreamed of triumphant return. It may be supposed that either because he did
not agree with how Draganovic was using the gold
reserve or because he wanted to control it himself, he sent Pecnikar,
his son-in-law, to wrest the remaining gold from the priest. Even though Draganovic lost hands-on control of the Ustasa
loot, he and the Franciscan Dominik Mandie continued to disburse the funds for
the immediate needs of the exiled Ustasi living in
the St. Jerome seminary and elsewhere in Italy.
What did Pecnikar do with the loot? Taking it to an Italian state
bank for safekeeping was out of the question. It would have resulted in
questioning by Italian and Allied authorities and a report to the Tripartite
Commission. Bigelow believed the gold found its way to the Vatican. Whether or
not this occurred, the Vatican certainly knew about the gold but failed to
report it to the commission. The Vatican's lawyers in Alperin v. Vatican Bank
argue that the Holy See had no obligation to return the Ustasa
loot to Yugoslavia in 1946 because the country was ruled by a hostile Communist
regime in the Cold War era.
The decision by a
sovereign instrumentality to give the funds to a foreign antiCommunist
political movement rather than to a Communist regime, at the time where the
Cold War was beginning in earnest in Europe, is not a "commercial"
act; it is jure imperii, a deeply sovereign act.
The argument is
completely without merit. The Tripartite Commission, which consisted of western
non-Communist nationals, accepted Yugo slavia's claim
to stolen gold late in 1947, even as the East and West
were indeed slipping into the Cold War confrontation. Except for in the mind of
Pius XII, no Cold War existed yet in 1946. Retaining stolen gold was not
therefore a sovereign act.
There is no reason to
doubt that the Ustasa gold ended up as a deposit in
the Vatican Bank-not, of course, ten truckloads but something like the much
smaller estimate of the Croatian Historical Institute. As the postwar years
rolled by, the deposited gold had to be "laundered" or changed into
various currencies to finance an evolving sequence of tasks. The immediate need
was for upkeep for many dozens of Ustasa exiles. As
pressure mounted for war criminals to be expatriated, false identity papers had
to be fabricated. As the day when Pavelie would
decide the time was ripe to invade Yugoslavia and overthrow Tito became ever
more distant, some of the funds from the Vatican bank had to be used for the
ratline-paying for passage for war criminals who dared not linger any longer in
Europe. Alperin v. Vatican Bank alleges that in 1952 Pavelie
withdrew 5 million Swiss francs-over $1 million in the currency of the day-from
a Vatican Swiss bank account into which the Vatican bank had previously
laundered and deposited 2,400 kilograms of the Ustasa's
looted gold. Lawyers for the plaintiffs seemed to have pulled this sum out of
thin air. It further alleges that the Franciscan who had been managing the Ustasa's funds in Rome, Dominik Mandie, emigrated to the
United States. There he settled in Chicago, working out of St. Jerome's parish,
which was run by the same branch of Franciscans that had so notoriously
tarnished the name of the order during the Ustasa
genocide in Croatia. Mandie had ample funds at his disposal that he used to
publish ethnically racist literature for the Croat-speaking colony in the
United States and for other projects.19
The sums of money at
the disposal of the exiled Pavelie and Mandie far
exceed the modest amount the Croatian historians estimated that the Ustasa took to Rome after the war. On the other hand, they
amount to only a small fraction of the ten-truckload report of Bigelow and
Gowen. If such an amount ever came into the Vatican bank, today there are still
billions of dollars that have not, and probably cannot, be accounted for. As we
have seen, significant skepticism surrounds the story of a convoy of trucks laden
with gold.
The papal defense
team in Alperin v. Vatican Bank has not contested the allegation that an
immense shipment of gold arrived by truck in Rome in 1946. Vatican lawyers
content themselves with the blanket assertion that the plaintiffs' case put
forward conclusory "facts" -bald assertions which the court need not
credit.20 This approach considerably weakens the defense, whose principal
argument is that there is no evidentiary connection between the losses of the
plaintiffs and the gold deposited in the Vatican bank.21 Losses, such as stolen
gold commemorative coins, currency, and jewelry, cannot be traced. Property
losses that occurred in wartime well over half a century ago may not be
traceable. In Alperin v. Vatican Bank, what the plaintiffs lost was not like
artwork (identifiable objects of record), nor were they like insurance policies
(whose holders are a matter of record). Thus, the Vatican's lawyers would have
had a considerable advantage if they had pointed out that besides the alleged
ten truckloads of gold, Yugoslav gold ended up in Germany and in the pockets of
a good many individual Ustasi. Given this wide
dispersion of Yugoslav gold, it would be impossible to demonstrate-and, indeed,
impossible for the plaintiffs' lawyers to argue-that the portion that ended up
in the Vatican bank originated with their clients rather than with other victims.
If the case against
the Holy See were to be decided on the basis of moral law and historical fact,
the Vatican would be hard put to it to defend itself. Mass murder and theft on
the part of a regime Pius XII favored undeniably took place. A portion of the
stolen loot undeniably found its way to Rome. Once there, the pope and other
high Vatican persons certainly knew about it but made no effort to see that it
was returned to rightful owners or their next of kin. In all probability, the
Vatican bank laundered the stolen property and oversaw its dispersion
worldwide. But whether or not the Vatican must answer for its actions will be
determined not by the reconstruction of historical events or by moral law but
by the laws of the United States. In this domain, the Vatican's lawyers may
prove to have the upper hand.
The federal court in
California may decide to dismiss the Alperin case because it does not have
jurisdiction over the subject matter. In 1984, President Ronald Reagan
recognized the Vatican as a sovereign state. The Holy See therefore falls under
the protection of the Foreign Sovereign Immunity Act.22 On this ground alone,
the plaintiffs' case may miscarry. Alternately, the court may decide to hear
the case under the commercial activity exception to the Foreign Sovereign
Immunity Act. If that happens, the Vatican's lawyers, asserting that the
exception is mere use of semantics by the plaintiffs' counsels, will be able to
point to a recent court decision that somewhat resembles the Alperin case. In
March 2006, the Second Federal Court of California used the
essence-of-complaint rule in deciding against the plaintiff in Garb vs. the
Republic of Poland. In that case, the court did not uphold the commercial
activity argument as an exception to the Foreign Sovereign Immunity Act.23 We
see here that what is at issue concerns civil, not moral, law. Thus, whether
the Holy See was party to stolen goods is not the question, but rather whether
the stolen goods-in this case, liquid assets-constitute "tangible"
property according to the commercial activity exception.24 They do not. In
another case similar to Alperin, the courts ruled against a "ripple
effect," meaning that if illegally obtained liquid assets lead to
additional commercial activity at some point down the road, the court will not
hear the case. Here, the legal question is not whether the Vatican bank acted
to distribute stolen funds but whether the fact that it distributed the funds
in 1952 to benefit Mandie's Chicago enterprises six years after the alleged
theft constitutes a commercial ripple effect. A final illustration culled from
many the lawyers use against the claims of the plaintiffs in Alperin: the case
has no standing at bar, they say, because the Vatican was only a third party to
the plaintiff's injury. Once again, the question here is not whether the
Vatican bank facilitated the use of stolen property but only whether according
to U.S. law it committed the crime or whether the Ustasa
did so.25
Clearly, the question
of looted gold and the Vatican as it would be decided in the historian's court
or in the theologian's court will little resemble whatever is decided in civil
court. In view of the fact that European countries opened their World War II
bank books for review at the request of the U.S. State Department after the
Swiss bank scandal, the Vatican's unwillingness to do so suggests that it has
something hide. Ultimately, what the Holy See does not wish to disclose is the
disastrous web of mistakes pertaining to Yugoslavia that entrapped Pius XII
throughout his papacy. The pope's first entanglement came early in his tenure
when he preferred the Nazi puppet state of Croatia over the Yugoslavia the
Treaty of Trianon created after World War I, even though the new entity was
ruled by a convicted murderer, Ante Pavelic. After receiving the papal blessing
in 1941, Pavelic and his Ustasa lieutenants unleashed
an unspeakable genocide in their new country. But Pius XII refused to cut his
ties with Catholic Croatia and in 1943 once again imparted the papal blessing
on Pavelie, who by that time was a genocidal killer.
We will never know what words of moderation and caution, if any, the pope
imparted to the dictator on that occasion. When the fascists lost World War II,
the fascist experiment in Croatia was over. But it was not over for Pope Pius.
Compounding his earlier missteps, the pope sheltered Pave lie and other Ustasa war criminals, hoping that they might yet succeed in
a triumphal return to the land they had so badly bloodied. Might not the looted
gold that the Ustasi brought with them to St.
Jerome's Croatian seminary make such a return to glory possible? We turn in the
next chapter to Pavelie in hiding in postwar Rome.
By adding English
language sources, underneath we ad to the content of
Pope and Devil (Papst und Teufel) by Herbert Wolf and "Nazis auf der Flucht" by Gerald Steinacher about the Nazi flight and its
Vatican connection. The Vatican’s War P.1.
Where on 11 October
2007 the BBC reported 'Dirty War' trial puts spotlight on Church; we instead will be able to point out why an
ideological affinity with Hitler became possible, and in the case of the
Vatican-- had to do with political self interest. The Vatican’s
War P.2.
In Mystici Corporis Christi of 1943, the Vatican indicated
that if Jews did not convert, their destiny layout of the reach of the Church
because they had broken the covenant. Thus when the Archbishop of Belgium was
asked to "pls.say something" in regards to
the more than twenty five thousand Jews that were incarcerated around the corner from his own palace, in order to be gassed in Auschwitz; that this was
"not the Church's business".* The Vatican’s War P.3.
In 1942 Pius XII
counting on a envisioned a postwar Eastern Europe anchored by a bloc of
countries-a constellation like that of the AustroHungarian
Empire, which earlier in the century had embraced Croatia. Hungarians,
Austrians, and Croats had once been the bulwark of Europe that held off the
infidel Muslim. Might not they now form a bulwark against the new infidel-the
atheist Soviets? The Vatican’s War P.5.
During the years
after World War II, Pius XII believed that a military showdown between the
Soviet Union and the west would occur. If that were to happen, it would have
his blessing. The Nazi/Vatican Connection P.6.
1. Office of Military
Government U.S. financial records, file on Yugoslavian gold, Box 442, RG 226,
location 390/35/13/7, NARA.
2. Briefs of the
plaintiff's lawyers in Emil Alperin, et at. v. the Instituto per Ie Opere di Religione [Institute of Religious Works, aka the Vatican
Bank] and the Order of the Friars Minor, Case 3:99-cr-04941-MMC, Document 262,
filed 02/14/06 at U.S. District Court, Northern District of California. This
case is hereafter referred to as Alperin v. Vatican Bank.
3. Ibid.
4.Stuart Eizenstat,
U.S. and Allied Wartime and Postwar Relations and Negotiations with Argentina,
Portugal, Spain, Sweden, and Turkey on Looted Gold and German External Assets
and U.S. Concerns about the Fate of the Wartime Ustasha
Treasury (Washington, D.C.: n.p., 1998). William
Slany, assisted by a team of researchers, wrote the report, which was published
in house in the State Department under the name of Eizenstat, who was
undersecretary of state for economic, business, and agricultural affairs in
1998. In a briefing, Eizenstat said that the State Department had asked the
Vatican to open its records. Vatican officials, Eizenstat said, were "open
in their discussions with him" but that they lacked the personnel to
produce the bank data.
5. Bigelow, n.p., to Glasser, July 19, 1946, Entry 183, Box 27, RG 226,
location 190/9/22/05, NARA. This gold has nothing to do with the gold that
Bigelow later reported going to Rome.
6. Alperin v. Vatican
Bank, document 262, 24-25.
7. Eizenstat, U.S.
and Allied Wartime and Postwar Relations and Negotiations.
The quote in the
paragraph is from page x of the preliminary report.
8. U.S. Strategic
Services Unit report of James Angelton, January
22,1946, Entry 210, Box 6, RG 226, location 250/64/28/02, NARA. Agent Angelton would later become the victim of a hoax which led
him to file fraudulent reports. These concerned internal Vatican affairs and
only those. There is no reason to doubt the authenticity of Angelton's
other reports in general and of this one in particular.
9. Gofii, The Real Odessa, see the afterword; source for the
information is Foreign Office 371/67398 R2394 and Foreign Office 371/67376
R5965, Public Record Office, National Archives, London (hereafter PRO).
10. National Bank of
Yugoslavia, Belgrade, to the Tripartite Commission for Restitution of Monetary Funds [sic], September 29,1947, Entry 21131., Box 7, RG 84,
location 350/49/265/7, NARA.
11. See Brey's report
based on records of the Precious Metals Department and the Reichsbank, October
9,1947, Office of Military Government, U.S. Finance Division, Box 442, RG 226,
location 390/35/13/7, NARA.
12. Department of
State, Office of Financial Operations, Records Relating to the Tripartite
Commission for the Restitution of Monetary Gold, Entry 1068, Box 14, File
840.4; and NN3-59-96-59, Lot 62DD115, Box 13, RG 59, location 250/ 48/29/30,
NARA.
13. Source for the
quote is NN3-59-96-59, Lot 62DDl15, Box 13, RG 59, location 250/48/29/30, NARA.
14. Ron Neitzke,
Office of the Historian, Department of State, "Ustasha
Gold: Sources, Amount, and Disposition. U.S. and Allied Wartime and Postwar
Relations and Negotiations With Argentina, Portugal, Spain, Sweden and Turkey
on Looted Gold and German External Assets and U.S. Concerns About the Fate of
the Wartime Ustasha Treasury," unpublished paper
in author's possession, April 1999, 2. Neitzke relied on the Croatian
publication by Zlato 1. Novae, Nezavisne
Drzave Hrvatske izneseni u inozemstvo 1944 i 1945 (Gold and Money of the Independent State of Croatia
Moved Abroad 1944 and 1945) (Zagreb: Croatian Historical Institute, 1997).
15. Neitzke, "Ustasha Gold," 4-6.
16. For a different
account of how the Ustasa secured the gold and then
divided it, see Gofii, The Real Odessa, 209. Gofii's source in endnote 347 is to Box 107, File ZF010183
IRR case files, Impersonal Files, RG 319, location 270/84/22/03, NARA, which
holds no pertinent data on the Ustasa gold question.
His other reference is to John Loftus and Mark Aarons, Unholy Trinity: How the
Vatican's Nazi Networks Betrayed Western Intelligence to the Soviets (New York:
St. Martin's Press, 1997), no page cited. Unholy Trinity is not a reliable
account in many instances. Gofii's account and mine
agree about the detail that Draganovie took two boxes
of gold to Rome.
17. Neitzke,
"Ustasha Gold," 3.
18. Brief of the
defendant's lawyers in Alperin v. Vatican Bank, document 272-1, filed 02120/06
at U.S. District Court, Northern District of California.
19. In Chicago,
Mandie founded the Croatian Publishing House and the Croatian Historical
Institute with funds that originated with the looted Ustasa
treasury.
20. Alperin v.
Vatican Bank, document 272-1,4,34, and 45.
21. Ibid., 47.
22. Ibid., 4.
23. Ibid.,
11-12.
24. Ibid., 18.
25. Ibid., 32.
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