A proposed settlement
agreement was filed on March 11, 2005 in
the Hungarian
Gold Train case between the
United States Government and Hungarian victims
of the Holocaust and heirs. A settlement
hearing was held on March 17, 2005 with U.S.
District Court for the Southern District
of Florida, Federal District Judge Patricia
A. Seitz presiding, who preliminarily approved
the Settlement Agreement in a written order
dated April 8, 2005.
The Hungarian Gold Train was a train of
approximately 24 freight cars that contained
personal property which was taken, seized,
confiscated or stolen by the Hungarian government
from Hungarian Jews. The personal property
in issue was taken into custody by the United
States Army on or about May 11, 1945, near
Werfen, Austria and later moved to Salzburg,
Austria.
In 2001, plaintiffs, for themselves and
on behalf of all persons who have claimed
or at any time could claim any interest in
the personal property contained on the Hungarian
Gold Train, filed a lawsuit in the United
States District Court for the Southern District
of Florida against the United States Government.
The case is entitled Rosner, et al. v. United States
of America, Docket No. 01-1859-CIV-SEITZ.
This lawsuit claims that the United States
violated various laws and regulations, including
but not limited to breach of contract, the
law of nations, the Constitution, and applicable
military regulations, in its handling and
disposition of the personal property on board
the Hungarian Gold Train. The United States
denies that it did anything wrong. The Settlement
is not an admission of wrongdoing or an indication
that any law was violated.
The Settlement Agreement provides that the
United States will pay up to USD $25.5 million
into a Settlement Fund. Any Court-approved
attorneys’ fees, expenses and awards
to Named Plaintiffs will be deducted from
the Settlement Fund. USD $500,000 of the
Settlement Fund will be used by a recipient
institution (e.g., a museum) for use in identifying,
acquiring, microfilming, cataloguing and
making available an archival collection of
documents and artifacts, for scholarly research
and educational purposes, as well as for
the use and benefit of Class Members, relating
to the history of the Hungarian Gold Train
and the looting of the Jewish Community of
Hungary during World War II.
The balance of the Settlement Fund, which
will be approximately USD $21 million, will
be used to provide social service programs
for the benefit of eligible Jewish Hungarian
Nazi victims. These monies will be disbursed
worldwide to qualifying social service agencies
in accordance with the terms of the distribution
plan filed with the Court. To be eligible
to benefit from a social service program,
you must have been born before May 8, 1945
and lived in the 1944 borders of Hungary
sometime between 1939 and 1945, as well as
meet qualifying criteria for “need.” The
Settlement does not provide for direct payments
to Class Members as compensation for property
lost on the Hungarian Gold Train.
Notice of the Settlement will be given to
Class Members by mail, through newspaper
ads, on the internet and through Jewish and
survivor organizational networks.
Please check this website for periodic updates
regarding the Settlement.