Mannheim District Court
Examining Magistrate RS4
Official Stamp of Mannheim District Court
Case Number: 41 GS 1458/04 Heidenheimer Volksbank
Date: 24 August 2004
Document Number: 503 Js 17319/01
WRIT OF ATTACHMENT
This action is performed in execution of the confiscation order issued by the District Court of Mannheim, dated 18th August 2004 (41 Gs 1392/04) in accordance with Section 2 of Paragraph 111d and Subsection 3, Section 3, Paragraph 111f of the Federal German Penal Code and in conjunction with Paragraphs 928, 930, 829, and 840 of the Civil Code of the province of Baden-Württemberg.
The Creditor, represented by the lead senior prosecutor in Mannheim, will administer all existing and future claims and demands on Germar Rudolf, Debtor, born 29th October 1964 in Limurg/Lahn, present address unknown.
The Creditor will take charge of all business items (accounts, deposit boxes, etc.) and in particular Account No. 331785005 with the Heidenheimer Volksbank, the third party debtor in this action.
The amount of 213,927.63 Euros in this account is hereby attached.
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The third party debtor (Heidenheimer Volksbank) is forbidden to assist the debtor in any way.
The debtor (Rudolf) is instructed to abstain from all dispensing of attached funds and specifically their withdrawal.
The third party debtor is required, within two weeks of the pronouncement of this writ, to provide the office of the District Attorney in Mannheim (mailing address: 681149 Mannheim) with the following information:
1. whether and to what extent it acknowledges the attached amounts as valid;
2. whether other persons are now making claims on this account, and if so, what these claims are; and
3. whether claims have already been made by other creditors, and, in case such claims have already been made, the nature of these claims and reasons they were made.
Precautionary Notice:
The third party debtor (Heidenheimer Volksbank) is liable to the province of Baden-Württemberg (represented by the leading senior prosecutor in Mannheim) for damages arising from non compliance with this writ.
Official Stamp: Amtsgericht Mannheim
Signed: Kellenberger
Judicial Official and Documentary Administrator, Business Office, District Court
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Mannheim District Court
Examining Magistrate RS4
Transaction Number 41 Gs /392/04
Date: 18 August 2004
Document Number: 503 Ja 1731 9/01
Investigative Action Against Germar Rudolf and Others for Inciting the People and Other Offenses
Stamp (by Herzogenrath-Amelung):
Received 15 September 2004
Attorney at Law Dr. Herzogenrath-Amelung
COURT ORDER
1. This Court hereby orders the attachment in the amount of 213,927.63 Euros from the estate of debtor Germar Rudolf, born 29th October 1964 in Limburg/Lahn, whose address is unknown.
This attachment is ordered in accordance with Section 2, Paragraph 111b; Paragraph 111d, and Section 1, Paragraph 111e of the Federal German Penal Code in conjunction with Section 1, Paragraph 73; Paragraph 73a; Paragraph 73b; and Paragraph 130 of the Penal Code.
The attachment is ordered without the presence of the Debtor at hearing. in accordance with Section 4, Paragraph 33 of the Penal Code, which provides for the securing of state compensation claims in cases of default such as that in the province of Baden-Wuertemberg.
Baden-Wuertemberg is represented by the lead state prosecutor in Mannheim, acting as Creditor.
2. Execution of the attachment can be restrained by the deposit of the monetary sum of 213,927.63 Euros.
The Debtor would then have the right to appeal the actual execution of the attachment according to Section 2 of Paragraph 111d of the Penal Code in conjunction with Paragraph 923 and Section 1, Paragraph 934 of the Civil Code.
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Grounds for this ruling:
From evidence presented, the strong suspicion arises that the publishers of Vrij Historisch Onderzoek (VHO) and Castle Hill Publications (CHP) offer printed materials for sale which deny the mass murder of Jews during the period of National Socialism.
This is a punishable offense under Paragraph 130 of the German Penal Code.
These publishing enterprises are operated by the codefendants Siegfried Verbeke (VHO) and Germar Rudolf (CHP.)
Investigations have identified a bank account of the Castle Hill Publishers held with the Heidenheimer Volksbank (BLZ 632 901 10, Account Number 331 785 005).
Funds from the sale of revisionist literature, and intended for the CHP, are deposited in this account.
These banking procedures were evaluated for the period 1 Jan 2003 to 19 March 2003.
During this period 593 deposits were listed, amounting to a total of 34,744.39 euros.
These deposits came almost entirely from the sale of printed materials.
This account was opened by Germar Rudolf on 27 December 2000.
He was convicted on 23 June 1995 by Stuttgart District Court.
Rudolf has thus far evaded incarceration and his whereabouts is unknown.
It is assumed that Rudolf is residing abroad.
It has been determined that in the past he has resided in Spain, USA and Great Britain.
Rudolf granted power of attorney over the above mentioned account with Volksbank Heidenheim to the accused Rudolf Großkopf, Dr. of Engineering, residing at Eschenweg 11, 89551 Königsbrunn.
Since that time Großkopf has attended to all dealings with the bank.
He regularly transmits a large portion of incoming funds to another account which Rudolf maintains with the English bank HSBC, and in addition, he makes cash withdrawals.
Furthermore, long intervals between the dating and submitting of checks suggest that Grosskopf receives signed and dated blank checks from Rudolf which he subsequently completes and presents to the bank.
Grosskopf has exercised this function of account overseer since the account was opened.
Therefore, Rudolf's activities as author and disseminator of revisionist literature must be known to him.
The degree and extent of his participation in the activities of Castle Hill Publications have not yet been established.
However, it must be assumed that he acts under the supervision of Rudolf in his capacity as account manager and therefore maintains frequent contact with him.
The complicit activities of the accused Dr. Großkopf are punishable as collaboration in incitement of the people, according to Paragraphs 130 and 27 of the Penal Code.
It is to be assumed that debtor Rudolf's specific monetary proceeds, whose extent and value have been estimated according to the guidelines given in Paragraph 73b of the Penal Code, are no longer individually available.
Therefore he is required to provide compensation according to Paragraph 73a of the Penal Code.
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As of this time, 16 items among the printed materials offered for sale by Castle Hills Publications fit the description of being injurious to the people.
Measured against the 29 articles included in the total assortment, the incriminating written material comprises a portion of 55.17%.
The sales price of the 16 items of written material amounts to a total of 290.50 Euros, which, in relation to the total value of the assortment, 497 Euros, comes to 58.45%.
Under the guidelines of the estimation prescribed by Paragraph 73b, however, we are instructed to go from the smallest value – that is, 55.17%.
The actual amount attached is calculated from the 55.17% portion of the total amount (see the following table) of all amounts in the above mentioned account, 331 785 005 of the Heidenheimer Volksbank, since the account was opened:
1 Jan 2004 until 20 July 2004 55.17%
387,760.80 Euro 213.927,63 Euro
According to Paragraphs 823, 830, 840, 421 and 426 of the German constitution, the accused persons Rudolf and Großkopf are both liable, since each had actual power of attorney over the proceeds from the printed material.
Therefore they both can be held responsible for the full amount of the illegally achieved funds.
There are compelling reasons for the assumption that the necessary conditions are present as outlined in Paragraphs 111b Section 2 and 111d of the Penal Code in conjunction with §§ 73, Section 1; 73a; and 73b of the Penal Code.
There is compelling reason also for the assumption that lack of compensation in the amount of 213,927.63 Euros will be ruled against the debtor in the main proceedings.
The attachment should be carried out because there is reason to fear that the debtor, in view of his great familiarity with the law, will do everything in his power to transfer his assets, in order to obstruct realization of the state's claims in the absence of compensation, or else make this realization significantly more difficult (Paragraph 11d Section 2 of Penal Code in conjunction with Paragraph 917 of Code of Civil Procedure.)
This is particularly true of the debtor Rudolf, since he has been a fugitive for years, on account of an arrest order issued by the Stuttgart District Court in 1995.
It cannot be assumed that he will remain idle when the loss of his financial base is threatened.
Signed: Reemen
Judge of the District Court
Official Stamp: Mannheim District Court