13-01-15 Request for assistance by the Israeli Ministry of Foreign Affairs, in re: apparent fraud on...

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    January 15, 2013

    Foreign Minister's office - [email protected] General's office - [email protected] of Israel

    RE: Request for assistance, in re: apparent fraud on an Israeli citizen in theConsulate of the United States in Jerusalem

    Dear Foreign Minister and Director General:

    I am a citizen of the State of Israel and a resident of Jerusalem. I write to ask your helpregarding conduct of the Consulate General of the United States in Jerusalem, asdetailed below. The consulate appears to conduct its business outside any normalprocedures, and denies Israeli citizens, who are residents of Jerusalem, access to theConsulate in Tel-Aviv, where honest services are more likely to be rendered.

    Brief history:

    1) On January 7, 2013 I appeared for a scheduled appointment at the US Consulate,Jerusalem for renunciation of US citizenship. I was interviewed by a person, whorepresented himself as "Consul Kirk G Smith". Another appointment was scheduled forJanuary 14, 2013, for the administration of the oath of renunciation.

    2) On January 14, 2013, I appeared before "Consul Kirk G Smith" for the administrationof the oath of renunciation. Upon review of the conduct and records, one wouldconclude that the Consulate in Jerusalem engaged in fraud, through the deliberateadministration of invalid oath of renunciation and the issuance of deliberately invalidconsular records, for which I was charged a total of $600.00.

    3) So far the US Consulate in Jerusalem refuses to explain the nature of Mr Kirk GSmith appointment in the Jerusalem Consulate, if any. The Consulate also refuses tostate that the oath of renunciation and related papers were executed in compliance of thelaw of the United States, and also refuses to issue refund for money that was extractedfrom me under false pretense.

    I would be grateful if you could advise me on ways to gain access to any US consularstaff, who are credentialed by the State of Israel. It appears that the lawless status of theJerusalem Consulate of the United States is inherent to the conduct of its staff.

    Truly,

    Joseph Zernik, PhD

    CC: US Consul Michael Ratney - [email protected]____

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    COMMUNICATIONS WITH THE US CONSULATE, JERUSALEM, IN RE:FALSE ADMINISTRATION OF OATH OF RENUNCIATION OF USCITIZENSHIP, ISSUANCE OF FALSE, INVALID RELATED RECORDS.

    In reverse chronological order

    1) January 15, 2013: Zernik to US Consulate

    Date: Tue, 15 Jan 2013 17:11:01 +0200To: "Jerusalem, ACS" , [email protected],[email protected]: joseph zernik Subject: Re: FW: URGENT: Response within 1 business days is kindly requested; RE:Invalidity of January 14, 2013, procedures, records, related to administration of oath ofrenunciation of US citizenship

    Consulate of the United StatesJerusalem, Jerusalem

    URGENT: Response within 1 business days is kindly requested;

    RE: Invalidity of January 14, 2013, procedures, records, related to administration

    of oath of renunciation of US citizenship

    Dear Consul Ratney and Consul Smith:

    Thank you for your quick response. However, your response below fails to respond ontwo central questions:

    a) Is the US Consulate in Jerusalem, Jerusalem, in general, and you in particular,credentialed by any nation? Are you a consul at large? Are you appointed by the StateDepartment to the Jerusalem, Jerusalem Consulate?

    b) The validity, or invalidity of the procedures employed by Consul Kirk G Smith forthe administration of the oath of renunciation and the validity, or invalidity of therecords that were issued by Consul Kirk G Smith, which on their face appear as honestservices fraud, a federal offence.

    I would be grateful if Consul Ratney, or Consul Kirk answer directly on these twoquestions.

    In case the US Consulate, Jerusalem, Jerusalem, is not willing to state that the procedureof renunciation, which I was subjected to on January 14, 2013, and the records, whichwere issued on the same date are valid records, in compliance with the law of the UnitedStates, I request immediate refund of fees, which I paid for services, which were neverhonestly delivered.

    Truly,

    Joseph Zernik, PhD

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    2) January 15, 2013: US Consulate to Zernik

    At 02:44 PM 1/15/2013, you wrote:

    Dear Mr. Zernik,

    Thank you for your correspondence of January 14, 2013 regarding your potentialrenunciation of your U.S. citizenship. I can assure you that I take your concerns veryseriously indeed.

    To answer your question regarding my appointment at the Consulate General, I am theChief of the American Citizen Services Unit. I am an officer of the U.S. Department ofState, and I hold the diplomatic title of Consul.

    As to your concerns regarding the form of your renunciation, I believe that the form andcontent of the documents are correct. However, as I explained to you at both our firstand second meeting, only the Department of State in Washington, DC can make thefinal determination. To that end, your Oath of Renunciation, which you executed beforeme on Monday January 14, 2013 at the U.S. Consulate Generals Consular Office, hasbeen forwarded to the Department for review.

    If the Department determines that the Oath is acceptable, they will so notify me, and Iwill in turn notify you. Again, as I explained when we met, this review may take sometime, perhaps even a few months, to complete. Your renunciation would then beeffective as of January 14, 2013, the date you executed the Oath.

    If the Department determines that there was a procedural error, I will be notified of thatfact as well, and we will take corrective action at that time.

    The fees that you paid in connection with your renunciation are established by the Codeof Federal Regulation, and they are posted in our office in public view. The collectedfees have been properly recorded, receipted, and deposited.

    The Consulate Generals normal business hours are from 8:00 AM until 4:00 PM, andwe did schedule your visit to our office at 2:00 PM which is during our hours ofoperation.

    I do appreciate your concern, and I hope that this message addresses your questions.

    Very sincerely,

    Kirk G. Smith

    Consul

    U.S. Consulate General Jerusalem

    In accordance with the provisions of E.O. 12958, this e-mail is unclassified.

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    Privacy/PIIThis email is UNCLASSIFIED.

    Privacy/PII

    This email is UNCLASSIFIED.

    3) January 14, 2013: From Zernik to US Consulate

    From: Joseph Zernik, PhD [mailto:[email protected]]Sent: Monday, January 14, 2013 8:23 PMTo: Smith, Kirk GSubject: Fwd: URGENT: Response within 2 business days is kindly requested; Requestfor confirmation of the assignment of Mr Kirk G Smith

    Dear Mr Smith:

    Your help in this additional matter would also be appreciated.

    Truly,

    Joseph Zernik

    4) January 14, 2013: From Zernik to US Consulate

    Date: Mon, 14 Jan 2013 20:14:03 +0200To: [email protected]

    From: "Joseph Zernik, PhD" Subject: URGENT: Response within 2 business days is kindly requested; Request forconfirmation of the assignment of Mr Kirk G Smith

    Michael Alan RatneyConsul General of the United StatesJerusalem

    URGENT: Response within 2 business days is kindly requested.

    RE: Request for confirmation of the nature of the assignment of Mr Kirk G Smith

    Dear Mr Ratney:

    Following my experience today at the Jerusalem Consulate of the United States, and thecommunication below, I tried to ascertain the nature of Mr Kirk G Smith appointment atthe Consulate General of the United States in Jerusalem, if any.

    I would be grateful if you could assist me in this regard.

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    Truly,

    Joseph Zernik

    5) January 15, 2013: From Zernik to US Consulate

    Date: Mon, 14 Jan 2013 19:11:36 +0200To: [email protected]: "Joseph Zernik, PhD" Subject: URGENT: Response within 2 business days is kindly requested. RE: January14, 2013 Renunciation of Citizenship - request for correction of records, alternatively -refund for inadequate services.Cc: "Jerusalem, ACS"

    Kirk G SmithConsulChief of American Citizenship Services

    US Department of States

    URGENT: Response within 2 business days is kindly requested.

    RE: January 14, 2013 Renunciation of Citizenship - request for correction of

    records, alternatively - refund for inadequate services.

    Dear Consult Smith:

    Upon return home, I inspected the records, which I received today from you at theJerusalem Consulate.

    The records, which I have been provided, appear defective on their faces, as outlinedbelow.

    Therefore, I request that you schedule another appointment for correction of thedocuments, alternatively, for refund of money that was paid for services that were notadequately provided.

    Truly,

    Joseph Zernik

    SEQUENCE OF EVENTS

    JANUARY 14, 2013, SCHEDULED APPEARANCE BEFORE KIRK G SMITH,CONSUL OF THE UNITED STATES OF AMERICA, JERUSALEM,

    JERUSALEM, FOR RENUNCIATION OF CITIZENSHIP:

    1) As was the case last week, Kirk Smith, Consul of the United States, scheduled to seeme at 2:00pm, outside of normal operations hours. [possibly off the consular calendar]

    2) I came with all papers prepared, as I found online, since the consular staff would not

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    answer on my requests for information.

    3) Consul Kirk G Smith administered the oath, I signed it, and he signed it with a stampof the consulate. However, the administration of the oath was NOT in the presence oftwo witnesses, and NO attestation was provided, even after I alerted the Consul to theissues. As indicated below, seals were no embossed in any of the designated spaces.

    a) I paid the fee of $450.00 for the Renunciation of Citizenship, for which I hold areceipt, and then had the following forms signed:i) Oath of Affirmation of Renunciation of Nationality of the United States. Signedunder oath by Joseph Zernik, subscribed and sworn/affirmed before Kirk G Smith,Consul of the United States of America, and certified on the back by Kirk G Smith,Consul of the United States of America, with the Seal of the Consulate of the UnitedStates of America in Jerusalem, Jerusalem. However, NO Seal was embossed in thedesignated space on the face of the document.ii) Statement of Understanding, signed by Joseph Zernik, attested by Kirk G Smith,Consul of the United States of America, and certified on the back by Kirk G Smith,Consul of the United States of America, with the Seal of the Consulate of the United

    States of America in Jerusalem, Jerusalem. However, NO Seal was embossed in thedesignated space on the face of the document.iii) Request for Determination of Possible Loss of United States Citizenship, subscribedand sworn by Joseph Zernik, co-signed by Kirk G Smith, Consul of the United States.However, NO Seal was embossed in the designated space on the face of the document.In Part II of the same form: Statement of Voluntary Relinquishment of US Citizenship,subscribed and sworn by Joseph Zernik, co-signed by Kirk G Smith, Consul of theUnited States. However, NO Seal was embossed in the designated space on the face ofthe document.

    b) The following forms, the Consul refused to have signed:i) Witnesses' Attestation Renunciation/Relinquishment of Citizenship

    ii) Certificate of Loss of Nationality of the United States [This form is prescribed by thesecretary of state pursuant to Section 501 of the Act of October 14, 1940 (54 Stat. 1171)and Section 358 of the Act of June 27, 1952 (65 Stat 272) ]

    4) My United States passport was taken by the consulate staff.

    5) I then explicitly asked that the documents be certified by the appropriate member ofthe consulate personnel, such as clerk, or custodian of records. However, Chief ConsulKirk Smith, who signed the documents with no witnesses, was also the one whocertified them as "True Copy of the Original". The sum of $150.00 was collected forthe certification service, for which I hold a receipt.