This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2014/04/20/world/europe/legal-twist-in-bid-to-reclaim-nazi-looted-hospital.html

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Legal Twist in Bid to Reclaim Nazi-Looted Hospital Legal Twist in Bid to Reclaim Nazi-Looted Hospital
(5 months later)
PARIS — Stephan Templ was hoping to right a historic wrong when he fought to reclaim part of an imposing Victorian hospital that was looted from his family by the Nazis in 1938, he says. Instead, he now faces three years behind bars. PARIS — Stephan Templ was hoping to right a historic wrong when he fought to reclaim part of an imposing Victorian hospital that was looted from his family by the Nazis in 1938, he says. Instead, he now faces three years behind bars.
Mr. Templ, 53, a bookish freelance journalist, has been convicted of defrauding the Austrian state of some 550,000 euros, or $760,000, by willfully omitting his estranged aunt, Elisabeth Kretschmer, 84, from the restitution claim he made on behalf of his 80-year-old mother in 2005. He is preparing an appeal to the European Court of Justice in Luxembourg.Mr. Templ, 53, a bookish freelance journalist, has been convicted of defrauding the Austrian state of some 550,000 euros, or $760,000, by willfully omitting his estranged aunt, Elisabeth Kretschmer, 84, from the restitution claim he made on behalf of his 80-year-old mother in 2005. He is preparing an appeal to the European Court of Justice in Luxembourg.
Now, depending on who is doing the talking, the case has become either an example of wrongful imprisonment, naked avarice or how feuds among multiple heirs can undermine justice in Holocaust restitution cases.Now, depending on who is doing the talking, the case has become either an example of wrongful imprisonment, naked avarice or how feuds among multiple heirs can undermine justice in Holocaust restitution cases.
Austrian prosecutors argue that dissembling and greed are to blame for Mr. Templ’s predicament. But Mr. Templ made his name exposing Austria’s struggle to come to terms with its Nazi past, and he insists that the verdict is the state’s retribution.Austrian prosecutors argue that dissembling and greed are to blame for Mr. Templ’s predicament. But Mr. Templ made his name exposing Austria’s struggle to come to terms with its Nazi past, and he insists that the verdict is the state’s retribution.
In a caustic 2001 book called “Our Vienna,” he and his co-author and girlfriend, Tina Walzer, wrote a walking guide of the Austrian capital detailing how prized Viennese attractions, from the grand Hotel Imperial to the storied Cafe Bräunerhof, were among hundreds of Jewish businesses seized by the Nazis and never given back. The book earned wide notoriety in Austria and achieved international attention.In a caustic 2001 book called “Our Vienna,” he and his co-author and girlfriend, Tina Walzer, wrote a walking guide of the Austrian capital detailing how prized Viennese attractions, from the grand Hotel Imperial to the storied Cafe Bräunerhof, were among hundreds of Jewish businesses seized by the Nazis and never given back. The book earned wide notoriety in Austria and achieved international attention.
“This is a complete injustice what they are doing to me,” he said by phone from Prague, where he also has a home. “I have embarrassed Austria and this is their revenge.”“This is a complete injustice what they are doing to me,” he said by phone from Prague, where he also has a home. “I have embarrassed Austria and this is their revenge.”
In a region still struggling to grapple with the Nazi past, Austria, which long saw itself as Hitler’s first victim, has made belated but significant progress.In a region still struggling to grapple with the Nazi past, Austria, which long saw itself as Hitler’s first victim, has made belated but significant progress.
In 2001 it signed the Washington Agreement, in conjunction with the United States government, under which Austria agreed to establish an independent international panel to return state property seized by the Nazis to its rightful heirs.In 2001 it signed the Washington Agreement, in conjunction with the United States government, under which Austria agreed to establish an independent international panel to return state property seized by the Nazis to its rightful heirs.
So far, restitution of state-owned property valued at roughly $46 million has been made.So far, restitution of state-owned property valued at roughly $46 million has been made.
Stuart E. Eizenstat, a former deputy Treasury secretary and special adviser to President Bill Clinton for Holocaust issues in the 1990s, called Mr. Templ’s case “very unusual.”Stuart E. Eizenstat, a former deputy Treasury secretary and special adviser to President Bill Clinton for Holocaust issues in the 1990s, called Mr. Templ’s case “very unusual.”
“It should be the responsibility of the government to find other heirs,” he said in a phone interview from Washington. “If he misled them, that is wrong. But in general terms it should be handled as a civil matter.”“It should be the responsibility of the government to find other heirs,” he said in a phone interview from Washington. “If he misled them, that is wrong. But in general terms it should be handled as a civil matter.”
The case began in 2005, when Mr. Templ decided to file for the restitution of Sanatorium Fürth, a one-time hospital that had been owned by his maternal grandmother’s ancestors until the Nazis came to power and seized it. Afterward, a janitor forced its owners, Lothar Fürth and his wife, Susanne, to clean the sidewalk in front of the building with a toothbrush. They later killed themselves in a surgery ward.The case began in 2005, when Mr. Templ decided to file for the restitution of Sanatorium Fürth, a one-time hospital that had been owned by his maternal grandmother’s ancestors until the Nazis came to power and seized it. Afterward, a janitor forced its owners, Lothar Fürth and his wife, Susanne, to clean the sidewalk in front of the building with a toothbrush. They later killed themselves in a surgery ward.
With its grand marble and limestone staircases and high ceilings, the building, in one of Vienna’s most expensive neighborhoods, has since been converted into a luxury residence.With its grand marble and limestone staircases and high ceilings, the building, in one of Vienna’s most expensive neighborhoods, has since been converted into a luxury residence.
After Mr. Templ filed his claim and the building was sold, his mother received $1.1 million for her share of the property — twice the amount she was entitled to, according to a Viennese criminal court, ruling that half of the money should have gone to Mr. Templ’s estranged aunt, Ms. Kretschmer.After Mr. Templ filed his claim and the building was sold, his mother received $1.1 million for her share of the property — twice the amount she was entitled to, according to a Viennese criminal court, ruling that half of the money should have gone to Mr. Templ’s estranged aunt, Ms. Kretschmer.
In late January, Austria’s Supreme Court upheld Mr. Templ’s conviction, saying that he had defrauded the state since it had handed over assets that Mr. Templ was not entitled to.In late January, Austria’s Supreme Court upheld Mr. Templ’s conviction, saying that he had defrauded the state since it had handed over assets that Mr. Templ was not entitled to.
Mr. Templ says it is absurd to suggest he defrauded the state because, had his aunt been aware of her right to a share of the hospital, she would have claimed it for herself.Mr. Templ says it is absurd to suggest he defrauded the state because, had his aunt been aware of her right to a share of the hospital, she would have claimed it for herself.
At the core of the case is a bitter family feud between Mr. Templ’s mother, Helene Templ, 80, and Ms. Kretschmer, 84. Ms. Kretschmer, the elder sister, helped hide Mrs. Templ in a hunting lodge in Slovakia during the Holocaust.At the core of the case is a bitter family feud between Mr. Templ’s mother, Helene Templ, 80, and Ms. Kretschmer, 84. Ms. Kretschmer, the elder sister, helped hide Mrs. Templ in a hunting lodge in Slovakia during the Holocaust.
But Mr. Templ said that the two had a falling out 13 years after the war ended when his mother married his father.But Mr. Templ said that the two had a falling out 13 years after the war ended when his mother married his father.
“My father wasn’t Jewish and he didn’t have money, and my aunt didn’t approve,” he said. “She would always remind me that she hid my mother during the war and say ‘thanks to me you were born.’ Her motivation for the case was revenge.”“My father wasn’t Jewish and he didn’t have money, and my aunt didn’t approve,” he said. “She would always remind me that she hid my mother during the war and say ‘thanks to me you were born.’ Her motivation for the case was revenge.”
Mr. Templ and his defense argue that it was not his responsibility to make a claim on behalf of an aunt with whom his mother had not spoken in 25 years.Mr. Templ and his defense argue that it was not his responsibility to make a claim on behalf of an aunt with whom his mother had not spoken in 25 years.
The list of an initial nine claimants for the property has since grown to 39, and there has been legal infighting among the group.The list of an initial nine claimants for the property has since grown to 39, and there has been legal infighting among the group.
Reached by phone from Vienna, Ms. Kretschmer, who filed a complaint against her nephew with the state prosecutor, said she would have pursued her own claim.Reached by phone from Vienna, Ms. Kretschmer, who filed a complaint against her nephew with the state prosecutor, said she would have pursued her own claim.
By the time she was informed about her rights to the property in 2011, the deadline to file had passed.By the time she was informed about her rights to the property in 2011, the deadline to file had passed.
“I am not giving any comment at all,” she added.“I am not giving any comment at all,” she added.
Her lawyer, Jürgen Krauskopf, said he had advised Ms. Kretschmer to pursue a criminal complaint against her nephew to buttress a future civil case, but both had been shocked when Mr. Templ was sentenced to prison. “She was kind of horrified,” he said. “She doesn’t want him to go to jail. She just wants justice.”Her lawyer, Jürgen Krauskopf, said he had advised Ms. Kretschmer to pursue a criminal complaint against her nephew to buttress a future civil case, but both had been shocked when Mr. Templ was sentenced to prison. “She was kind of horrified,” he said. “She doesn’t want him to go to jail. She just wants justice.”
But an unrepentant Mr. Templ had infuriated the lower court’s judge with his insistent denials, he said.But an unrepentant Mr. Templ had infuriated the lower court’s judge with his insistent denials, he said.
When a restitution panel for the General Settlement Fund for Victims of National Socialism was considering claims for the hospital in 2005, Mr. Templ said, he did not mention his aunt on his application since he was filing a claim for his mother. He left blank the page asking if he knew any other heirs. “I didn’t feel I had a duty to inform anyone,” he said.When a restitution panel for the General Settlement Fund for Victims of National Socialism was considering claims for the hospital in 2005, Mr. Templ said, he did not mention his aunt on his application since he was filing a claim for his mother. He left blank the page asking if he knew any other heirs. “I didn’t feel I had a duty to inform anyone,” he said.
But Peter Stadlbauer, a historian for the General Settlement Fund, which assessed his claim, said that during his restitution interview, Mr. Templ was asked whether he knew of any heirs besides his mother and had replied, “In every generation there was only one child.” He said Mr. Templ had also submitted a sketch titled “family tree” with his mother listed as an only child.But Peter Stadlbauer, a historian for the General Settlement Fund, which assessed his claim, said that during his restitution interview, Mr. Templ was asked whether he knew of any heirs besides his mother and had replied, “In every generation there was only one child.” He said Mr. Templ had also submitted a sketch titled “family tree” with his mother listed as an only child.
Mr. Templ denied making the statement, or submitting a detailed family tree. Moreover, he said a state-appointed public notary had omitted Ms. Kretschmer when he compiled a complete family tree of rightful heirs to the hospital in 2007.Mr. Templ denied making the statement, or submitting a detailed family tree. Moreover, he said a state-appointed public notary had omitted Ms. Kretschmer when he compiled a complete family tree of rightful heirs to the hospital in 2007.
Kurt Hankiewicz, the state prosecutor, said the verdict against Mr. Templ was justified because Mr. Templ had lied. “He knew that his aunt was still alive. By not telling it, he has committed fraud.”Kurt Hankiewicz, the state prosecutor, said the verdict against Mr. Templ was justified because Mr. Templ had lied. “He knew that his aunt was still alive. By not telling it, he has committed fraud.”
Mr. Templ, for his part, said he had “made a mistake” but insisted that his punishment was ludicrous. “I have no criminal record,” he said. “This is worse than a Kafka novel. A novel you read and forget. This is real life.”Mr. Templ, for his part, said he had “made a mistake” but insisted that his punishment was ludicrous. “I have no criminal record,” he said. “This is worse than a Kafka novel. A novel you read and forget. This is real life.”