HEARING BEFORE THE SUBCOMMITTEE ON JUVENILE JUSTICE, SENATE COMMITTEE ON THE JUDICIARY ON THE SEARCH FOR DR. JOSEF MENGELE, NAZI WAR CRIMINAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R000100100005-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 45
• Document Creation Date: December 22, 2016
• Document Release Date: November 24, 2010
• Sequence Number: 5
• Publication Date: March 19, 1985
• Content Type: MEMO

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c COPY,
OLL 85-0546/1
19 March 1985
MEMORANDUM FOR THE RECORD /r
Subject: Hearing Before the Subcommittee on Juvenile
Justice, Senate Committee on the Judiciary,
on the Search for Dr. Josef Mengele, Nazi
War Criminal
1. The second hearing on the above-captioned subject
(see MFR dated 19 February 1985, OLL 85-0546), was held at
10:00 a.m. today in Room 226 Dirksen Senate Office Building.
The following Members were present:
Arlen Specter (R., PA), Chairman
Alfonse M. D'Amato (R., NY) (invited Member)
Paul Simon (D., IL)
Mitch McConnell (R., KY)
Howard M. Metzenbaum (D., OH)
2. The first three Members listed each made opening
statements but only Senator D'Amato's was printed and
distributed. The latter two Members arrived during the
hearings and did not make statements. A copy of the Witness
List is attached along with the prepared statements read by
each of them.
3. The first witness, Congressman James J. Florio
(D., NJ), read his statement into the record. At the
conclusion of Mr. Florio's statement, Senator Specter asked
whether he believed Dr. Mengele is still alive today.
Mr. Florio responded that even if Dr. Mengele is not alive,
and he believes he is, the hearings have a validity for the
purpose of legislative oversight to see how the agencies have
interacted in the past. Mr. Florio politely attempted to
dissuade Senator Specter from proceeding with legislation he
proposes that would allow (the U.S. Government) to move into
a country and take by force terrorists located in that
country, with or without consent of that government, if legal
extradition is not possible. Mr. Florio cautioned that it
could be a double-edged sword.
4. The second witness, Stephen S. Trott, Assistant
Attorney General, Criminal Division, Department of Justice
(DOJ), gave a brief report on the role of the U.S. Government
in its efforts to capture Dr. Mengele. In reponse to Senator
D'Amato's question, Mr. Trott said that his office is being
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given cooperation at the highest levels by other government
agencies. Senator Simon questioned Mr. Trott on the
attachment to his prepared statement which listed expulsions
of Nazi war criminals from the United States, ongoing
investigations, and decisions in ongoing litigations, and
asked what happened to these Nazis following their expulsions
and what might happen to Mengele after he is captured and
deported to some other country.
Mr. Trott replied that there is no law in this country to
cover this; the U.S. cannot prosecute people located under
this program (to locate and deport war criminals). We can
only deport them because they lied to get into this country.
5. Mr. Trott went on to explain that both West German
l~.~
and Israel have warrants out for Mengele and those countries
would attempt to get him extradited there.
6. Senator Metzenbaum questioned Mr. Trott at length,
first in asking him the degree of cooperation Justice has
received from the CIA, and then repeatedly asking Mr. Trott
what DOJ (or anyone else) was doing about Paraguay and what
was the extent of the Drug Enforcement Agency's involvement
in the investigation. Mr. Trott responded that CIA coop-
eration has been good and believes he will continue to get
good cooperation from the CIA. Several times he politely
declined to go into any details regarding Mengele being
involved in drug trafficking and cited the need for
confidentiality on what Justice, Office of Special
Investigations (OSI), is doing in Paraguay.
7. This was followed by a lengthy exchange between
Senator Metzenbaum and Mr. Trott on the competency of the
U.S. Marshal's being used to assist in the investigation
(Mr. Trott noted that Marshal candidates are sponsored by
U.S. Senators, but went on to defend their competency, at
least since 1981.)
8. In response to Senator Specter's query about some 800
former enemies brought in between 1945 and 1955 to work on
projects like Overcast, then Paperclip, Mr. Trott commented
that he did not have enough personal information on that
subject, but that belonging to Paperclip did not make anyone
immune from OSI's investigation.
9. Senator D'Amato did not ask Mr. Trott any questions,
but wanted it stated for the record that "Mr. Casey--a nice
fellow--assured me personally of his full cooperation in this
investigation" and that Secretary Shultz also indicated to
him that this investigation is a priority matter for State in
terms of cooperation, and the same for Secretary of the Army
John Marsh.
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10. The next witness, Mr. Gerald L. Posner, read his
prepared statement into the record and then asked the
Committee to:
a) direct the appropriate U.S. government agency
to make an official request to the International
Red Cross for its file on Josef Mengele; and
b) direct an investigation to determine the extent
of possible U.S. Government postwar involvement
with Dr. Mengele, especially in light of
allegations that a Major Frederich Schwend, also
a Nazi war criminal, aided Dr. Mengele to escape
to Italy--with the approval of U.S. intelligence
agencies.
12. Mr. Welles commented that the U.S. Government should
push with all countries which have information and request
they pursue all leads, and that U.S. intelligence agencies
should identify all known Nazis and have action taken to
apprehend them. He then mentioned the case of war criminal
Otto Bruner, whom he knows is living in Damascus, Syria,
under the name of George Fisher. In conclusion he stated
that , OSI, asked him to turn over to him all
documentation and OSI will follow up on the ADL's leads.
13. The hearing ended about 12:00 Noon.
STAT
Office ot Legislative Liaison
J,iaison Division
Both Senators D'Amato and Specter urged Mr. Posner to work
closely with the Office of Special Investigations, since it
was apparent Mr. Posner has enough information to tie Schwend
with the Counter-Intelligence Corps (CIC).
11. The last two witnesses appeared together: Rabbi
Morton M. Rosenthal and Elliot Welles, both of the
Anti-Defamation League (ADL) of B'nai B'rith, New York. Only
Rabbi Rosenthal had a prepared statement. Rabbi Rosenthal
cited the case of Walter Kutschmann whom the ADL is convinced
is living now in Argentina under the pseudonym "Pedro Ricardo
Olmo." He said the ADL had brought this to the attention of
Argentina's Foreign Minister, but Kutschmann remains free.
Senator Specter said he would press the State Department on
this case.
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STAT
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Distribution:
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DDO/IMS/ w/atts
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LD/OLL gg (26 March 1985)
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A Hearing
To Consider Issues Relating to the Search
for Dr. Josef Mengele
Before the
Subcommittee on Juvenile Justice
Committee on the Judiciary
United States Senate
March 19, 1985
10:00 a.m.
226 Dirksen Senate Office Building
1. The Honorable James J. Florio, Congressman from the State of New
Jersey, United States House of Representatives.
2. Stephen-S. Trott, Assistant Attorney General, Criminal Division,
Department of Justice, Washington, D.C.
3. Gerald Posner, Esquire,--New York.
4. Rabbi Morton M. Rosenthal, Director, Latin American Affairs
Department, and Elliot Welles, Director, Task Force on Nazi
War Criminals, Anti-Defamation League of B'nai B'rith, New
York.
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W.S. Senator Al D'Amato
of New York
SENATOR ALFO-NSE D'AMATO
OPENING STATEMENT
SUBCOMMITTEE ON JUVENILE JUSTICE
HEARING ON DR. JOSEF MENGELE
MR. CHAIRMAN:
I AM PLEASED TO BE HERE TODAY TO JOIN-IN THIS
SUBCOMMITTEE'S REVIEW OF EFFORTS TO LOCATE DR'.-'JOSEF MENGELE,
THE, MOST INFAMOUS SURVIVING NAZI WAR CRIMINAL. AS I AM NOT A
MEMBER OF THIS COMMITTEE, I ESPECIALLY WANT TO THANK THE
CHAIRMAN FOR HIS COURTESY; IN..ALLOWING ME~~TO JOIN HIM AND, THE
OTHER DISTINGUISHED MEMBERS OF THE JUVENILE JUSTICE
SUBCOMMITTEE FOR THIS MORNING'S HEARING.
THE ROLE OF THE UNITED STATES SENATE I-S-NOT' TO-CATCH
=- W-E--ARE HERE TO`MAKE
MENGELE. OUR ROLE IS ONE OF OVERSIGHT
CERTAIN THAT THOSE WHO ARE CHARGED WITH THE RESPONSIBIL-IT-Y-
AND -PROVIDED WITH TH,E AUTHORITY: AND_-,THE RESOURCES, TO LOCATE
A'ND APPREHEND MEN.GEL.E-_ARE._D-OING_:A GOOD JOB.
MY QUESTIONS THIS MORNING WILL FOCUS ON HOW SERIOUSLY WE
ARE-.PURSUING THIS GOAL AND WHETHER WE CAN DO BETTER. FROM
WHAT I UNDERSTAND ABOUT THE RESULTS OF THE ATTORNEY GENERAL'S
DECISION TO SEARCH FOR AND APPREHEND MENGELE, I AM FAVORABLY
IMPRESSED. I BELIEVE, HOWEVER,-THAT THIS SUBCOMMITTEE AND THE
AMERICAN PEOPLE NEED TO KNOW MORE.
IT IS NOT NECESSARY FOR US TO INQUIRE INTO THE
INVESTIGATIVE LEADS THE DEPARTMENT OF JUSTICE IS
FOLLOWING. NAZIS READ THE NEW YORK TIMES TOO, AND IT DOES
.NOT HELP US ACHIEVE THE ULTIMATE GOAL -- CAPTURING MENGELE --
IF WE DISCUSS IN PUBLIC MATTERS DIRECTLY RELATING TO THE
CURRENT INVESTIGATION. HOWEVER, THERE ARE MATTERS WHICH CAN
AND SHOULD BE DISCUSSED AND RELATE DIRECTLY TO THE PROPER
EXERCISE OF OUR OVERSIGHT FUNCTION.
United States Senate I Washington, D.C. 20510 / [phone]
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I AM CONFIDENT WE HAVE- A REAL --CHANCE -TO CAPTURE MENGELE,
BUT THIS CHANCE MAY BE,, WASTED- IF-~: THE_ UNITED STATES- GOVERNMENT ---.--
DOES NOT PULt:v?TOGETHER`--AND 'FOCUS-. ITS CONSIDERABLE RESOURCES
ON THIS ISSUE.'----
AT THE BEGINNING OF THIS EFFORT,_I WROTE TO THE-
PRESIDENT'S NATIONAL- SECURITY ADVISOR,- THE DIRECTOR OF
CENTRAL INTELLIGENCE, AND THE SECRETARY OF THE ARMY REGARDING
THE NEED FOR A UNIFIED EFFORT TO LOCATE AND APPREHEND
MENGELE. I HAVE SINCE SPOKEN TO THE SECRETARY OF STATE ON
THIS MATTER.
I WANT TO KNOW WHAT IS GOING ON TO PULL TOGETHER THE
GREAT RESOURCES OF THE FEDERAL GOVERNMENT IN SUPPORT OF THIS
EFFORT. I HAVE EVERY RESPECT FOR THE EXPERTISE AND ABILITIES
OF THE OFFICE OF SPECIAL INVESTIGATIONS IN THE JUSTICE
DEPARTMENT. HOWEVER, THEY HAVE, IN THE PAST, BEEN TARGETED ON
NAZIS IN THIS COUNTRY. THEY DO NOT HAVE EXPERIENCE SEEKING
WAR CRIMINALS IN FOREIGN COUNTRIES.
ALSO, OSI DOES NOT HAVE THE PERSONNEL, ON ITS OWN, TO
STAGE A MASSIVE INTERNATIONAL SEARCH FOR MENGELE. SUCH ?A
SEARCH WILL REQUIRE THE INVOLVEMENT OF THOSE U.S. AGENCIES
WHO NORMALLY OPERATE IN THE INTERNATIONAL ARENA, HAVE
CONTACTS AND PERSONNEL THERE, AND WHO, IF THEY ARE SO
MOTIVATED, CAN ACTUALLY TRACK DOWN MENGELE.
I RECOGNIZE THAT, FOR THIS EFFORT TO BE A SUCCESS, MANY
ASPECTS OF THE EFFORT WILL HAVE TO REMAIN CONFIDENTIAL UNTIL
IT IS OVER. HOWEVER, THAT DOES NOT PREVENT ME FROM ASKING THE
KEY QUESTIONS AND DEMANDING ANSWERS. IF THE INFORMATION IS
TOO SENSITIVE FOR PUBLIC DISCUSSION, IT DOES NOT MEAN THAT IT
CAN NOT BE PROVIDED TO THE SUBCOMMITTEE IN PRIVILEGED FORM.
WHERE IT INVOLVES FOREIGN POLICY OR NATIONAL SECURITY
MATTERS, IT MAY EVEN BE CLASSIFIED. BUT I WILL NOT STAND BY
AND ACCEPT VAGUE ASSURANCES THAT ALL IS GOING WELL, THUS
ABDICATING MY RESPONSIBILITY TO HAKE CERTAIN THAT SUCH
STATEMENTS ARE SUPPORTED BY F''.CTS.
THE CENTRAL ISSUES HERE, AS I SEE THEM, ARE THE
FOLLO\1I NG .
THE ESTABLISHMENT OF A COORDINATED UNITED STATES
EFFORT TO LOCATE AND APPREHEND MENGELE;
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THE CREATION=HOF A--COORDINATED INTERNATIONAL-EFFORT--
AMONG THOSE = STATES:=--`SEEKING_HIS :ARREST AND __TRIAL;
THE PROVISION, BY THE SENATE AND HOUSE, OF BOTH
ADEQUATE RESOURCES-IN~PERSONNEL--AND. FUNDS.AND--OF--
NECESSARY STATUTORY. AUTHORITY TO. SUCCESSFULLY
CONDUCT THE COORDINATED SEARCH-FOR MENGELE.
THESE ARE THE MATTERS I INTEND TOPURSUE HERE.-
WHILE-I--WILL NOT PRESS THE JUSTICE DEPARTMENT TO ANSWER IN OPEN
SESSION QUESTIONS ABOUT SENSITIVE MATTERS WHICH MAY
JEOPARDIZE THE INVESTIGATION, I DO WANT COMPLETE ANSWERS ON
THESE ISSUES. IF THEY MUST BE PROVIDED FOR THE RECORD, I WILL
ACCEPT AND I BELIEVE MY COLLEAGUES WILL ACCEPT SUCH
RESPONSES, BECAUSE WE ALL SHARE THE SAME OBJECTIVE --
CATCHING THIS BLOODY-HANDED MASS MURDERER AND BRINGING HIM TO
JUSTICE.
THERE ARE OTHER ISSUES OF IMPORTANCE ASSOCIATED WITH
THIS CASE -- SUCH AS U.S. KNOWLEDGE OF, AND POSSIBLE
,INVOLVEMENT WITH, MENGELE AFTER WORLD WAR II IN GERMANY. WE
MUST HAVE ANSWERS TO THESE QUESTIONS AS WELL. BUT OUR SEARCH
FOR HISTORICAL TRUTH MUST NOT BE ALLOWED TO IMPEDE OUR SEARCH
FOR THE LIVING MENGELE.
MENGELE MUST BE FOUND, HE MUST BE CAPTURED, HE MUST BE
TRIED, AND, IF CONVICTED, HE MUST BE PUNISHED FOR HIS CRIMES.
THANK YOU, MR. CHAIRMAN.
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PREPARED STATEMENT OF
HON. JAMES J. FLORIO (D--NJ)
U. S. HOUSE OF REPRESENTATIVES
BEFORE THE SUBCOMMITTEE ON JUVENILE JUSTICE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
MARCH 19, 1985
Mr'- Chairman, I would like to thank you for holding this hearing today and for
giving me the opportunity to testify in support of efforts to investigate the where-
abouts and activities of Dr. Josef Mengele.
The Holocaust was one of the most tragic chapters in the history of mankind.
The senseless execution of more than ten million innocent. people by the'Nazis during
World War II was a tragedy that affected not only the Jewish people, but all of
humanity.' As a Member of Congress concerned about the horrors of the Holocaust, I am
disturbed by recent reports that Dr. Josef Mengele, the most notorious Nazi war
criminal still at large, has been living in freedom for forty years.
Dr. Mengele, known as the "Angel of Death" of the Auschwitz concentration camp,
committed heinous crimes against humanity in an effort to create Hitler's "master
Aryan race." This evil fiend, whom Anne Frank called the "Angel of Extermination,"
determined with a flick of the wrist who would die outright in the gas chambers and
who would be "spared" to die a slow death of torment and mutilation in his labora-
tory, He would use the ones he "spared" as human guinea pigs. Often, they were
twins or young children. If one of the twins died during the experiment, the other
would then be killed since Mengele would have no further use for the child.
Mengele would inject chemicals in the brown eyes of his victims to change their
color to blue. He tossed live babies in ovens and wired victims with electrodes to
test their threshold for electric shock. He once promised a special milk porridge
for expectant mothers who were gassed once they had gathered together. He was rsown
to have sent a barracks of 700 Gypsies to the gas chambers simply because of a eport
that their barracks was infected by lice. r'
Many. of the survivors of Mengele's cruelties are living today with their m',.or-
ies of Hell and harror. We owe it to the victims of the Holocaust to investigate
every credible lead on Mengele. We do not seek vengeance; we seek justice.
For this reason, I introduced H. Con. Res. 82 on March 7, 1985, with the support
of 37 of my colleagues. My resolution puts the Congress on record for supportipg
efforts to investigate Dr. Mengele and his activities. It is vital that we send'a
signal to the international community that we must never forget the horrors of ~he
Holocaust nor those responsible for-them. We must forever fix the horror in the
minds of men, remind them of this evil and, hopefully, prevent any repeat.
My resolution urges that an international task force be established with the
help of the West Germans and the Israelis to supplement the efforts of our Office of
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Florio testimony
Page two
Special Investigations (0SI). This would enable a concentrated effort to find
Mengele and bring him to justice. Furthermore, H. Con. Res. 82 calls on all the
appropriate U.S. agencies to cooperate and share their files. Reports have said
that the U.S. Army twice had Mengele in custody only to release him because the Army
did not have the information our State Department possessed.
Lastly, my resolution urges that the United States officially request the gov-
ernments of countries that may have hosted Mengele (Paraguay, Brazil, Argentina,
Bolivia and Uruguay) to launch internal investigations and share their archives with
the United States. The cooperation of these nations is vital to this effort.
The investigation recently launched by the OSI and efforts such as this hearing
are to be commended. In the interest of justice and human rights, we must continue
our efforts with renewed fervor and leave no stone unturned. We owe it to the vic-
tims of the Holocaust and to those that still endure its horrors. By prosecuting
Josef Mengele and by recalling this tragedy, we can hope to ensure that such a cala-
mity will never again be repeated in the history of mankind. Only when we begin to
study, to analyze, to question and to remember, can we honestly say, "Never Again!"
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PEgartmettt of bstifc
STEPHEN S. TROTT
ASSISTANT ATTORNEY GENERAL
CRIMINAL DIVISION
COMMITTEE ON THE JUDICIARY
SUBCOMMITTEE ON JUVENILE JUSTICE
UNITED STATES SENATE
INVESTIGATION OF JOSEF MENGELE
ON
MARCH 19, 1985
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On February 6, 1985, Attorney General William French Smith
directed the Criminal Division to conduct a thorough and complete
investigation into matters involving Josef Mengele, the notorious
"Angel of Death" at the Auschwitz Concentration Camp. The scope
of the inquiry directed by the Attorney General is intentionally
broad and all encompassing. It is designed to allow us to
determine what if any contacts this government had with Mengele
following the end of the War, whether*he ever entered the United
States, and if so, under what circumstances, how Mer.gele left
Europe and made his way to South America, and finally, to locate
him and bring him to justice.
Within the Criminal Division, the Office of Special
Investigations is ideally suited to play a pivotal role in
conducting much of this inquiry. This Office has a remarkable
track record in identifying Nazi war criminals living in the
United States.and taking legal action to strip them of citizen-
ship and deport them from this country. Moreover, they have
developed a unique expertise when it comes to understanding
events immediately following World War II, including escape
routes utilized by Nazis fleeing from the Allies. A detailed
listing of the accomplishments of the Office of Special
Investigations during this last year is attached.
To complement the Office of Special Investigations' efforts
and compensate for their lack of specialized investigative
personnel to focus on ascertaining Mengele's current whereabouts,
the Department of Justice has directed that the Marshals Service
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2 -
work with the Office of Special Investigations and assume prin-
cipal responsibility for that aspect of the inquiry designed to
locate Mengele.
In connection with all aspects of this inquiry, both OSI and
the Marshals Service will receive necessary assistance from the
Federal Bureau of Investigation, the intelligence community, the
Department of Defense, the State Department, and other agencies.
The Department of Justice also wishes to acknowledge gratefully
the efforts of the Department of Defense, and particularly the
Secretary of the Army John O. Marsh, Jr., who has organized a
large and capable task force to assist in the location of archival
documents on Mengele.
The Department of Justice respectfully suggests that we not
publicly go into any further details of the pending investigation
or its methodology. We strongly believe that the public disclosure
of information, documents, potential witnesses, and potential leads
to be pursued, will seriously impede our investigation. This
suggestion is made not out of a wish to keep anyone in the dark,
but only because, like any other fugitive inquiry, confidentiality
is necessary to preserve the effectiveness and integrity of the
investigation.
That concludes my prepared remarks. Thank you very much.
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U.S. Department of justice
1984 Highlights
Office of Special'Investigations
Criminal Division
I. EXPULSIONS FROM THE UNITED STATES
In 1984 five people were deported or otherwise permanently
removed from the United States on account of their involvement
in persecution during World War II:
(1) Trifa, Viorel: Culminating over nine years of intense
litigation, Viorel Trifa was deported to Portugal in August, 1934.
Trifa had been ordered deported in October 1982 after he conceded
that his role in the infamous Iron Guard in Romania, and his
concealment thereof from U.S. authorities, rendered him deportable.
Fearing possible deportation to Israel (which had been reviewing
the evidence) or Romania (which would have been eligible to
receive him in October 1984), Trifa secured a visa to Portugal.
It is my understanding that the Portugese have refused to.
grant Trifa permanent residence. While his fate remains uncertain,
he will never be allowed to re-enter this country.
(2) Rudolph, Arthur: The case of Arthur Rudolph, who
gained notoriety in this country because of his work on the
Saturn V rocket project, received considerable media attention.
Pursuant to an agreement entered into with OSI, Rudolph permanently
departed the U.S. in March and formally renounced his U.S.
citizenship in June. Rudolph conceded that he would have
been subject to denaturalization and deportation because of
his wartime service as the Operations Director of the Nazi's.
Mittelwerke underground rocket assembly.site in the Harz mountains.
The dreaded V-2 rockets; which bombed London, were built at
Mittlewerke by slave laborers from the Dora concentration
camp complex. The inmates worked under inhumane conditions;
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 thousands died from overwork, malnutrition., disease, unsanitary
conditions ap well as physical abuse and murder by the Nazis.
As Operations Director, Rudolph was responsible for all
phases of the production, and in the agreement he acknowledged
that he could not contest his role in the utilization of the
slave laborers and the conditions under which they were forced
to work. It should be emphasized that through this agreement,
we received all the relief (loss of citizenship and permanent
removal from the U.S.) to which we would have been entitled
had we gone through years of litigation. Rudolph is now in
West Germany.
(3) Avdzej, John: Pursuant to an agreement similar
to the one entered into with Rudolph, John Avdzej permanently
departed the United States in February 1984 and renounced
his citizenship in March. Avdzej had been a collaborationist
Regional Mayor in Byelorussia during the war, a fact which
he hid when he immigrated to the U.S. During his reign as
mayor, all of the Jews and many Poles in his region were murdered.
Avdzej conceded that he could not dispute our allegations
that he had participated in the persecution of Jews and Poles.
Avdzej is in West Germany.
(4) Hrusitzky, Anatoly: In August 1983 OSI commenced
denaturalization litigation against Hrusitzky, claiming that
he had served as a Ukrainian policeman during the war and
in that capacity had participated in the persecution and murder
of Jews.
In August 1984, Hrusitzky returned to Venezuela (where
he had lived for many years after the war) and formally renounced
his U.S. citizenship. Hrusitzky is forever barred from entering
this country. In this case as well, we secured all the relief
provided by law.
(5) Fedorenko, Feodor: On December 21, 1984, Fedorenko
was deported to the U.S.S.R., thus ending seven years of litigation.
This case was decided by the U.S. Supreme Court in 1981 in
a ruling that concentration camp guards, such as Fedorenko
who served at Treblinka, were guilty of persecution and were
therefore not eligible to immigrate to the U.S. Fedorenko
was subsequently ordered deported by an immigration court;
that order was affirmed on appeal by the Board of Immigration
Appeals. Fedorenko then withdrew his appeal to the U.S. Court
of Appeals, thereby finalizing the order of deportation.
Eleventh hour efforts by Fedorenko's attorney were unsuccessful,
as Supreme Court Justices Brennan and Stevens each denied
applications to block deportation. Fedorenko thus became
the first war criminal to be deported by the U.S. to the U.S.S.R.
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II. NEW FILINGS
In 1984 we instituted the following actions:
(1) Artukovic, Andrija: In February, OSI reinstituted
deportation Proceedings against Artukovic in an effort to
effectuate the long-standing order of deportation. That case
is still pending and is scheduled to be heard before an immigration
judge early in 1985.
In November the case took a dramatic turn when the U.S.
government arrested Artukovic pursuant to an extraditon request
from the Yugoslavian government. Artukovic is being held
in custody and his requests for bail have been rejected.
The extradition hearing is scheduled for mid-January in Los
Angeles.
Members of the Lithuanian Schutzmannschaft
OSI has been investigating the activities of a notorious
Lithuanian schutzmannschaft battalion, whose members allegedly
were responsible for the murder of thousands of Jews and other
"enemies of the Third Reich" in Byelorussia. In 1981 we filed
a denaturalization action against Jurgis Juodis, who was an
officer in that unit. In 1984, we brought charges against
five other members of that battalion:
(1) Katin, Matthew: Denaturalization action filed in
Massachusetts in November;
(2) Gudauskas, Vvtautas: Denaturalization action filed
in Massachusetts in June;
(3) Klimavicius, Jonas: Denaturalization action filed
in Maine in May;
(4) Benkunskas, Henrikas: Deportation action filed
in Chicago in March;
(5) Kisielaitis, Joseph: Deportation action filed in
Boston in May.
III. ONGOING INVESTIGATIONS AND RESEARCH
As reflected in the filings against the five members
of the Lithuanian punitive battalion, we have been pursuing
several major investigations and research projects designed
to uncover alleged Nazi persecutors in our midst. We-have
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 placed considerable emphasis on this effort, and the project
has been pursued aggressively. Thus far, the results have
been very encouraging, and we expect to file several new cases
within the next few months.
. IV. DECISIONS IN ONGOING LITIGATION
Artishenko, Basil: In October, Artishenko entered into
an agreement with OSI in which he agreed to the entry of an
order revoking his citizenship on the grounds that he lied
about his service in a collabrationist police force in Byelorussia.
Kairys, Liudas: On December 28, U.S. District Judge
James Moran, sitting in Chicago, issued an opinion stripping
Kairys of citizenship because of his service at the Treblinka
slave labor camp. The case had been tried in July 1982.
This decision is very significant-because Kairy's attorneys
centered their defense on allegations that the government's
case was predicated upon false evidence from the U.S.S.R.
Indeed, a signifcant portion of the pre-trial proceedings,
as well as the trial itself, focused upon the defense contentions
that our evidence was unreliable. Judge Moran squarely rejected
those assertions and ruled that the wartime documents from
the U.S.S.R. were authentic and admissible under U.S. law
and procedure. In addition, he admitted into evidence and
credited deposition testimony taken in Latvia.
Kowalchuk, Sergei: In July 1983, the U.S. District Court
in Philadelphia stripped Kowalchuk of citizenship on account
of his wartime service as a Ukrainian policeman. It had been
alleged that in such capacity Kowalchuk had engaged in the
persecution of Jewish civilians. In September a divided three
judge panel of the U.S. Court of Appeals reversed the order
of denaturalization. We immediately requested an en banc
review by the full Court of Appeals. That request has been
granted and the decision reversing the denaturalization has
been vacated pending resolution by the full court. We are
awaiting the scheduling of oral argument.
Koziy, Bogdan: Koziy had been stripped of U.S. citizenship
in March 1982 after the District Court found that he had single
handedly murdered a young Jewish girl and had participated
in the murder of other Jews while serving as a Ukrainian policeman.
On February 27, 1984, the U.S. Court of Appeals for the Eleventh
Circuit affirmed that decision. A deportation action was
filed, and we are hopeful for a trial date early in 1985.
Palciauskas, Kazys: In March 1983, the District Court
in Florida stripped Palciauskas of citizenship, finding that
he had lied about his tenure as Mayor of Kaunas, Lithuania,
during the war. In that position he assisted in the persecution
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of Jews by ordering their internment in a ghetto, where they
were forced to exist under inhumane conditions. Palciauskas
ordered the dews to wear the Yellow Star of David and was
responsible for the confiscation of their property.
In June 1984, the Court of Appeals for the Eleventh Circuit
affirmed in all respects, the denaturalization decision. We
have since initiated deportation proceedings.
Theodorovich, George: In January 1984, the U.S. District
Court for the District of Columbia revoked Theodorovich's
citizenship after he failed to appear for his deposition as
ordered by the Court. Prior to the commencement of the suit,
Theodorovich admitted under oath that he had been a member
of the Ukrainian Police in Lvov and had written and signed
reports accounting for ammunition expended in actions against
Jews. Theodorovich had originally claimed that these documents
were "KGB forgeries"; later, after'he and his lawyer reviewed
the documentation, he acknowledged that the documents were
indeed authentic.
A deportation trial is scheduled to commence in Baltimore
in early March.
Demjanjuk, John: In May 1984, the Immigration Court
in Cleveland ordered Demjanjuk deported to the Soviet Union;
he has appealed to the Board of Immigration Appeals.
. Demjanjuk had previously been stripped of U.S. citizenship
after Chief Judge'Battisti found that he had been a brutal
guard at the Treblinka death camp in Poland; that decision
was affirmed by the Court of Appeals and was left undisturbed
by the U.S. Supreme Court.
On a separate track, we are proceeding with the request
to extradite Demjanjuk to Israel, where he has been charged
with murder. We expect a hearing to be held early in 1985.
Lehmann, Alexander: On February 27, 1984, the Immigration
Court in Cleveland entered a final order of deportation against
Lehmann, who had been charged with participating in the persecution
of Jews while serving as a Ukrainian policeman. This order
was entered after Lehmann signed an agreement with OSI in
which he conceded deportability because of his wartime activities.
Lehmann filed an application to postpone deportation because
of ill health. After an independent medical examination,
the I.N.S. District Director agreed to postpone deportation.
We are monitoring Lehmann's health and a further examination
will be scheduled soon.
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 Linnas, Karl: In August, the Board of Immigration Appeals
upheld the order of deportation entered against Linnas, who
had been stripped of U.S. citizenship in 1981 because of his
persecution of Jews while he served as the head of a concentration
camp in Tartu, Estonia. The BIA remanded the case to the
Immigration.Judge with instructions to consider the propriety
of deporting Linnas to the U.S.S.R. in light of the U.S. government's
refusal to recognize the Soviet incorporation of the three
Baltic states. This issue was discussed at the highest levels
at the State Department, which has the responsibility for
determining and interpreting Baltic policy. State has agreed
with OSI's position and has rendered an opinion that Linnas
can, in fact, be deported to the Soviet Union under the provision
of the immigration law which permits deportation to any country
willing to accept the deportee; a formal pleading to that
effect has been filed with the Immigration Court in New York
City.
This was a significant victory. To have taken a contrary
positon would have been tantamount to this government giving
safe haven to one who had been adjudged by our courts to have
been actively involved in persecution. Clearly, it was never
the intent of our Baltic policy to protect Nazi persecutors.
Kulgle, Rheinhold: In November 1984, an Immigration Judge
in Chicao ordered Kulle deported to West Germany. Kulle
had served as guard leader and SS instructor with the S.S.
Death's Head Battalion at the Gross Rosen concentration camp.
Kulle has filed an appeal with the BIA.
Maikovskis, Boleslavs: In August 1984, the BIA reversed
an earlier ruling by immigration Judge Francis Lyons in New
York and ordered Maikovskis deported. During the war Maikovskis
served as Chief of Police in Rezekne, Latvia. The BIA found
that he participated in the destruction of the town of Audrini
and the murder of its inhabitants.
Schellong, Heinrich: In July 1984, Schellong was ordered
deported to West Germany after the Immigration Court in Chicago
found that he had engaged in the persecution of innocent civilians
while serving with the S.S. Death's Head Division at the Sachsenburg
and Dachau concentration camps. In 1982 Schellong was denaturalized
by the U.S. District Court in Chicago; in 1983 the U.S. Court
of Appeals affirmed that decision.
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March 19, 1985
'Mr. Chairman, my name is Rabbi Morton M. Rosenthal, and I am ,the Director of
the Latin American Affairs Department of the Anti-Defamation League of B'nai
B'rith. I am joined today by my colleague Elliot Welles, the Director of ADL's
Task Force on Nazi War Criminals.
It is a distinct honor for us to speak to this Committee today on behalf of
the Anti-Defamation League, and we would like to take this opportunity to express
our appreciation for the important work you are doing.
The apprehension of Josef Mengele is vitally important for a number of rea-
sons. This year we reach the 40th anniversary of the conclusion of World War II,
an occasion which will be marked with ceremonies throughout the world. It is a
political, moral and legal outrage that Josef Mengele, the "Angel of Death,"
should still be at liberty,when these ceremonies take place. He personifies the
brutality, the horror, and the inhumanity of the Nazis. As the most notorious
Nazi war criminal still at large, his continuing freedom is an affront to the
memory of the six million Jews who perished in the Holocaust.
Josef Mengele's role in the Holocaust is a matter of public record. In
recent weeks at a gathering in Israel, survivors of Auschwitz. have relived and
retold many painful memories of his grotesque experiments, his vicious perver-
sions, his monumental cruelty. We now know that Mengele often sent people --
Jews -- to the death house, as one editorial recently put it, "with a slight
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2 -
gesture of his hand, a soft smile upon his lips." That editorial asked "Why
insist on bringing Mengele to justice now?" It answered "lest we forget." His
arrest would be a powerful lesson to those who wish to conceal or forget the
Holocaust or those who do not know about it.
Since ADL's Task Force on Nazi War Criminals was founded in 1978, we have
devoted a significant amount of time and energy to the international campaign to
bring Nazi war criminals to justice. Last year, we were invited to go to Para-
guay to look for Josef Mengele. We declined, because we knew that such an expe-
dition would be futile. Instead, we met with key officials in the National
Security Council and the Department of State to urge that the President of the
United States put the powers of his office behind a concerted effort to locate
Mengele. We remain convinced that with its vast resources, our government can
help locate Mengele and assist in bringing him to justice.
We.are understandably very pleased that the capture of Mengele has become a
national priority. The Administration's decision to wage an intense investiga_
tion into the whereabouts'of Mengele, announced by then-Attorney General William
French Smith on February 6, 1985 was heartening. We are also encouraged by
assurances we have received from the Justice Department's Office of Special
Investigations (OSI). We have worked and are continuing to work closely with
OSI, and, we understand that they have now-been assured the full cooperation of
all branches of the United States intelligence community. ,The work of this
Committee is another indication that our nation has united in an effort to locate
the "Angel of Death." We are pleased to offer you our full cooperation.
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We think it important that consideration be given to two ba
Mengele has been a free man these many sic reasons
y years. The first is that he has been
tected by individuals and governments, and the second is
that the world has be
indifferent to him. Because of these factors, Mengele has lived his own name for man openly, using
Y years.
When Mengele arrived in Buenos Aires in 1949
the International Committee for the Red Cross with Passport #100501 issued
his passport bore the name Helmc
Gregor. Emboldened by the protection offered in Argentina and the indifference
of the rest of the world, Mengele decided to cast aside his false identity. In
November 1956; he went to Argentine authorities with a copy of
Cate to request that his Argentine Identity Card X3940484 his birth certify
Josef Mengele, born , be changed to read
March 16, 1911 in Guenzber
Police issued him a revised card g, Germany. The Argentine Federal
, with the same number.
When he subsequently moved to Paraguay, Mengle a
securin P gain used his own name in
g araguayan citizenship. Mengele's Paraguayan Naturalization
copies of which are in ADL Papers,
files, bear the name Jose Mengele. The document, No.
809, dated NovembeF 27
, 1959, says that the fact _of his becomin
citizen of Para ua g a naturalized
g y is to be placed on the
document is to be sent to the Executive B public record and a copy 'of the
ranch.
American intelligence officers in-Argentina, Paraguay and other Latin Ameri-
can countries did,not-report to Washington on Mengele, because t
directed to report on Mengele or an hey were never
y other Nazis. Therefore, even if an intelli-
gence officer did have information on a Nazi war criminal
warded to Washin ton ' it was simply not for-
g , because headquarters was not interested. Presumably that
is still the situation, except for Mengele.
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We ask, why so narrow a mandate? Why only Mengele? As we mark the 40th
anniversary of the liberation of the concentration camps, we call upon our gov-
ernment to broaden the scope of its hunt for Nazi war criminals.
The United States is the leader of the free world, and as such our. country
has a moral mandate to combat Nazism by identifying Nazi war criminals and, with
the cooperation of other governments, bringing them to justice.
The notorious Josef Mengele is an elusive target, but he is not the only
Nazi living unhindered by retributive justice. Unlike Mengele, we know. exactly
where some of these others are and we hold that the United States of America
should persuade reluctant nations to rid themselves of the Nazi war criminals
whom they have harbored for so long.
A case in point is Walter Kutschmann, an SS officer who assassinated twenty
Polish Jewish academics and eighteen of their family members in 1941. After the
Ukrainian workers dug their graves in the city of Lemberg they, too, were shot at
Kutschmann's order. Kutschmann was also responsible for the death of 1,500 Jews
in Bezazany and a large number of Jews in Podhayce, both in Poland.
Today, the Anti-Defamation League is convinced that Walter Kutschmann is Y,
living safely in Argentina under the pseudonym "Pedro Ricardo Olmo." One year
ago, an ADL delegation led by National Director Nathan Perlmutter shared this
conviction with Argentina's Foreign Minister and Interior Minister at a meeting
in Buenos Aires, but Kutschmann remains at liberty.
At that time ADL provided Argentine authorities with a means of positively
establishing that Olmo is Kutschmann. Our proof, including the attached SS
document in his own hand, relates to a thigh wound which Kutschmann suffered
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during the war and a tattoo on the underside of his left arm. Nevertheless,
Argentina's only action to date was a perfunctory 8-minute hearing in November
1983 during which a local judge, Judge Enrique Carlos Schlegel, asked Olmo if he
was Kutschmann. Olmo denied it, and Judge Schlegel accepted Olmo's denial
without considering any evidence. We do not feel this proceeding was an adequate
response by the Argentine government.
Argentine's President, Raul Alfonsin, is visiting Washington this week.
would therefore like to take this opportunity to urge President Reagan and
members of Congress to ask President Alfonsin to take whatever measures are
necessary to bring Kutschmann to justice. We also hope our leaders will urge the
government of the Federal Republic of Germany officially to request Kutschmann's
arrest and extradition there.
On this occasion we ask President Reagan, President Alfonsin and the leaders
of all democratic governments to join in a great moral crusade to bring Nazi war
criminals to justice. The hour may be late, but the moral demand for justice is
Let no Nazi war criminal, anywhere go to bed tonight without worrying that
he may be brought to justice tomorrow.
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Curriculum Vitae of Walter Kutschmann
[Submitted by Walter Kutschmann, in his own hand-
writing, for use by the SS personnel office]
(Translated from German)
I was born on May 24, 1914, the first child of the family named on the reverse
side. [Kutschmann].
After attending public school for four years, I went to the gymnasium in
Blankenburg/Harz. My special interests were foreign languages and Germanic
studies.
I joined the Hitler Youth in 1929 and became active in the National Socialist
party. As leader of the Blankenburg Hitler Youth I was instrumental in
starting several groups in the Blankenburg area. I took an active part in all
election struggles and participated in all marches of the organization.
Consequently, at an early age, I became familiar with the dogma of the
organization and was brought up in the tenets of their philosophy.
I was awarded the golden honor badge of the Hitler Youth, as well as the honor
decorations of Braunschweig, in 1931.
Because of Syr father's death and the resulting financial situation of imj
family, I was forced to leave school. I enlisted as a volunteer in the army,
where I served with artillery regiment 4 in Hallenstadt. In 1934 I
volunteered for the Air Force and went to aviation school in Ludwigslust and
from there joined the fighter squadron 153, in Nuremberg. While in the
service I prepared myself, on qr own, privately, for matriculation. When I
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finished xy time in the service (I was discharged as a sergeant), I went for
three months to the gymnasium in Halberstadt and graduated in February, 1938.
Following this, I went to Spain and participated with Franco's Morocco legion
in the war there. I was discharged after receiving two bullet wounds-in the
upper thigh. After this, I was attached to the Consulate in Salamana (German
Consulate) as secretary in Cadiz. Through my employment as interpreter there,
I came into contact with the Gestapo in Spain. I applied from there to serve
in the Gestapo and was appointed as "Viriminalvommissar", on March 1, 1939, to
the Gestapo in Leipzig. At the time, I took part in a course at the
leadership school of the security police.
I am active in light athletics,. have a certificate for swimming and I am
trained in horseback riding. My 23-year-old brother is a lieutenant and a
company commander in the field. My 27-year-old sister is a physical
education teacher and is active as im BDM.
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ILLEGIB
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STATEMENT OF GERALD L. POSNER
1. BACKGROUND OF RESEARCH
I have been researching Josef Mengele'3 post--war life for
the past. four years. During that time, I have travelled to
four continents, interviewed scores of people related to the
Mengele case, and gathered what I believe is the largest
Mengele file in existence, nearly 25,000 pages, chronicling
his life since 1945 in substantial and credible detail. Many
of the facts I have uncovered have never before been.
disclocod or discussed.
During the course of my research I have had unprecedented
access to the some of the intelligence and police files of
Argentina, Brazil and Paraguay.
During November and December of 1984 I spent two months in
South America researching the Mengele case. During that time
I met with many friends of Dr. Mengele, including ranking
military and business people in several countries. I also
spent nearly three weeks with Colonel Alejandro Von Eckstein
in Paraguay.
Colonel Von Eckstein is a ranking member of Paraguay's
-intelligence service and a close personal friend of
President Stroesaner, to whom he introduced me. Moreover,
Colonel Von Eckstein was one of the co-sponsors for Josef
Mengele's citizenship papers in 1959, and is Mengele's
admitted friend and defender (Mengele's other co-sponsor for
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citizenship, Warner Jung, former chief of the tazi party in
Paraguay, died over a year ago in Bilboa, Spain.) During the
course of our three weeks together, Colonel Von Eckstein
introduced me to many friends of Dr. Mongtle throughout
Paraguay, and for the first time ever he spoke openly and
freely about Dr. Mengele's past movements in the 1960's and
1970's. Subsequent research has confirmed most of the
Colone1' stores and he has filled in important gaps in
t!engele.'s existence for nearly two decades.'
I am currently completing a historical manuscript of
Nengele's post-war existence, as far as one can be documented
and factually supported.
Today I will limit my testimony to four issues related to
subjects that have been raised before this Senate Committee.
2. POSSIBILITY OF U.S. INTELLIGENCE INVOLVEMENT WITH MENGELE
On September 1, 1983, pursuant -to a Freedom of Information
Request to the archives of Ft. Meade, Maryland, I was
provided with copies of the April, 1,347 correapondance from
Counter Intelligence agent Gorby indicating that Mengele may
have been captured in Vienna. Those same documents were
obtained by the Simon Wieaenthal Documentation Center in
November, 1984, and subsequently released to the press.
During the nearly 20 months I have had those documents I
have researched the question of possible American
involvement. To this-date conclusivQ evidence does not exist
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to incriminate or absolve U.S. forces, however important
questions must be answered by the American Intelligence
forces: The questions which roust be ans-;eyed are:
a) Two American Counter Intelligence index cards,
one dated 1960, and the other undated, indicate Mengele
resided in.Autenried, a village approximately 12 kilometers
away from Gunzburg, Mengele's hometown.
Actually, Dieter Mengele, Josef's nephew, has said that
the Mengele family sought refuge in Autenried during the
Allied borbing'of Gunzburg. Autenried was never bombed.
In addition, evera1 residents have said that Irene and
Rolf, Mengele's first wife and natural son,. resided in
Autenried from 1945 to 1947. Another villager told Dana
Eberhard-Klien, the German Prosecuter in charge of the
Mengele case, that Mengele resided in the town together with
his fa=ily from 1945 to 1949.
Information that I received from a retired member of
British Intelligence is that a chateau/castle in Autenried
served as a post-war safe house ea part of a Nazi escape
route. The chateau was allegedly frequented by former SS
officers under the direction of Colonel Pans Ulrich Rudel,
Hitler's most decorated pilot during the war, and the post
war director of an escape organization known as the
Kameradenwerk.
According to the British intelligence source, Mengele
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.stayed in the Autenried safe house during April and part of
may, 1949, while his travel documents were prepared for -his---
exit from Europe. After the International Red Cross issued
his travel identity passport in May, 1949, Mengele was
escorted through Austria into Italy from where he later
departed from Genoa.
In Autenried there is a large three story chateau - it is
almost directly behind the small farmhouse where-villagers
state Mengele and/or his family resided for part of the post
war years.
One of the important questions regrading Autenried is at
what time did American Intelligence know Nengele .was there?
If intelligence knew between 1945 and 1949 they could have
arrested him. The second important Autenried question is
whether the Autenried chateau was indeed a Kar:eradenwerk safe
house and if so did the Americans know about its operation
and allow it to exist nevertheless?
b) Another important question which has not yet been
asked is why American intelligence never sent anyone to
Gunzburg to inquire about Mengele. Several town residents
the told me that Mengele resided openly in Gunzburg from
mid 1945 to mid 1949. During that time the Americans
certainly knew that h!engele had been involved in possible
crimes against humanity. For instance:
First, Mr. Corby, the Counter Intelligence special agent,
states in his April, 1947 letter that he knew tlenge'e wan one
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of the chief doctors in the "Auschwitz Extermination Camp".
Moreover, Rudolf.8oess, the former commandant of the camp,
who was hung in 1947 for his crimes, testified at his post
war trial that "Medical experiments were carried out in
several camps. For instance, in Auschwitz there
were...experiments on twins by SS medical officer Dr.
Menge le." The Americans were familiar with this testimony.
Armed with this information one would expect the Americana
to attempt to find Mengele. After the war the Americans
captured, intact, millions of NSDAP (Nazi party)
zeQ~b-arship files. The one on. Josef Mengele clearly lists
place of birth as "Gunzburg" a Bavarian town within the
American sector after the war. Yet, Dieter Mengele states
unequivocally that no American troops ever came to inquire
about Josef after the war.
Moreover, residents in Autenreid claim that no American
troops even passed through their village 'after the war.
If only one intelligence officer had bothered to check
Nengele'ss Party membership file he might have been in custody
before 1950.
Moreover, the Men5ele fanily maintained a successful farm
machinery manufacturing firm - farm equi?prent could be seen
throughout Germany stamped with the name "gengele". Yet no
Ac.arican intelligeece officer ever bothered to-question the
corporate giant to dete,rrnine if any connection to the
-5-
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Auschwitz doctor existed. Actually,
for most of the time
Josef Mengele was in Gunsburg after the war he worked for the
family businese._:
c) A final question which American authorities
-should answer is why Mengele was never indicted for crimes
under the Allied jurisdiction. Until 1955 only the Allied
powers could technically indict for*war crimes. Although
Mengele'a crimes were known to the Americans no indictment
was ever issued.
It was not until June of 1959 that Judge Muller issued an
arrest warrant on behalf of the Federal Republic of Germany.
If the Americans had indicted.Mengele earlier his relatively
easy life in Argentina might have been made-considerably more
difficult.
3. INTERNATIONAL RED CROSS INVOLVEMENT WITH M#NGEGE
Mengele left Europe in late August, 1949, and checked into
the Federal Police in Buenos Aires on Septeoher 17, 1949. He
travelled an an International Red Cross Passport, issued
from the Italian Committee of the International Rod Cross in
Genoa, Number 10051.. It was made out to the alias "Helmut
Gregor" and the picture on the passport w--? actually of
Mengele's younger brother Alois. However, Mengele hims-elf
did sign the name `Helmut Gregor" acroes the I.D. picture,
The International Red Cross file on Pengele, which is
caintained in Geneva at the International Red Cross -
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headquarters is probably one of the moat important files
still undisclosed regarding hint. If properly maintained
it ,will disclose-important information about Mengele's exit
from Europe; which may finally-prove or dispel. the alleged
American connections to him.-
If intact, the Red Cross file should have-copies of the
the travel papers created at each country through which
Mengele passed on his way into Italy. The file should also
have Mengele's orginal refugee questionnaire as well as the
name of the Italian refugee organization that sponsored
Mengele'e exit from Europe. In essence,
the Red Cross file
could provide final ar,swers to many lingering Mengele
questions.
In 1947, Vincent La Vista, a State Department official, in
a tap secret report to the state Department Commented that
"practically all illegal emigration" in poet-war Italy was
*clear[ed] through or came in contact with the International
Red Cross." La Vista noted that the International Red Cross
had a practice of sending off all its records to its
headquarters in Geneva, where they were maintained closed
and in privacy. La Vista concluded "It is the opinion of
this writer, however, that an examination of the records in
Geneva of all passports issued by the International Red Cross
would reseal startling and unbelieveable facts."
N arty 4C years after the La Vista report the
Intarretional Red Cross still shrouds those files in secrecy
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and rdfuses to open the Mengele file for examination.
In June, 1994, -1 requested- that --the International - R-ad
Cross make the Mengele/Gregor::file"=publicly available:' T'.
received a written response on July 3, 1964, from
Frandoise Ferret, Director of the International Red Cross
Department of Principles and Law in Geneva. Mrs. Perret
informed me that although the Red Cross had "received a lot
of inquiries-.bout this [the Mencole case], its "sole
purpcse...is to assist victims of conflicts, and it has a
hare-and-fast rule not to give third partial paraonal
inforrraticn. in its posse. $ion."
However, Mrs. Perret said that jr. the case of War
criminals the International Red Cross had decided "in
principle, to turn relevant documents over to a government
"provided those authorities asked for then with the clearly
stated intention of establishing the truth or to conduct an
inquiry into war crimes or for the purpose of taking legal
proceedings against war criminals."
I subsequently asked Mra. Perret if any nation had made
such a request and she sent me the following response on
August 5, 1984
"[a]fter checking in our archives, w9 have found that no
state or judicial authority has to this day addressed a
request to the ICRC about Hencele; we have therefore never
released any papers about him to anyone."
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The International Red Cross file should have been
requested by an appropriate -government yearn ago. -It is long
overdue that an offieal-requoat be made of the: the Geneva
based organization - important information is sitting in its
archives. I respectfully request that the United States
Senate direct the appropriate U. S. government agency to
process the necessary request as rapidly as possible, and
that the information contained in -that- file be made public
upon its receipt.
4. U.S. INTELLIGENCE CONTACTS WITH OTHER RANKIG'G NA2I$
Although I understand that this Senate Cor.mitt:ea is
specifically focusing upon possible American involvement with
Josef Mencele, I have uncovered documentation which
indicates L.S. intelligence involvement with another high-
ranking Nazi, who after the war bRcame a cloy-e personal
friend of Josef Mengele in South America. I believe it is
as significant a disclosure of American involvement with
Nazis as the sarbie.disclosures or tho,-e'regarding Nazi
rocket scientists. Only by ordering a thourough
investigation can the U.S., properly determine whether U.S.
assistance in the case I have uncovered may have a relation
to the "engele cacge.
The Nazi in question is major Frederich Schwend, Hitler's
counterfeiter and ~,:sternind of "Operation Eerr,rard" the Nazi
proposal to flood the international currency markets with
billion of counterfeit English pound notes, thereby crashing
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the British economy.Schwend was also the purchasing agent
for the S$,`- the Wermacht and the Security Police; - In that
role he dealt with hundreds of- millions of- dollars of
currency, diamonds, gold, stolen art treasures and booty from
the death camps.
After the 'war, one arm of American intelligence searched
for him in order to arrest him.
In a confidential six-page
memorandum, dated August 13, 1946, the Meranno subsection of
the Counter Intelligence Corps. stated "[Schw.en-d] was an
important figure to the Nazi War Effort...persisitent
rumors... that the Subject had more power and authority than
an SS General [he answered directly to A'altenbrunner_ and
Him-mler]; that he used large sums of money to buy his freedom
from the Allies....This agent recommends that Subject be
apprehended wince he appears to be too important an
individual of the German War Effort to be left free."
While one part of American Intelligene looked for Schwend
another used him as an agent. A confidential U.S. Army
Security Disposition form, dated August 24, 1959, and signed
by legal officar Capitan Alfred B. Jefferson, concludes that
"In 1945 [Schwend] was used by Intelligence agencies in the
Austria, Tirol and Meranno, Italy areas as an informant. Ha
was also carried as a war criminal".
In 1959, Schwend wrote a letter from- Lima to both-
German Interpol as well as the Consul General of the United.
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States in Munich. In the letter. Schwend alleges that several
Counter Intelligenceofficers stole hundreds--of thousands-of
dollars from??him - after--the War; _ = Schwend-pro idetj`namesoff===
the alleged-perpetrators as ws11 as witnesses: In addition--
he estates that he worked for U.S. Intelligence after the war
for "1l months.:-beyond the Iron Curtain". In addition,
Schwend states that he emigrated to South America with the
consent of American intelligence. -
The Schwend case is important on its-own.--- It is-an
example of U.S. intelligence using,a high ranking Nazi for
its own p?irpcses. But the Schwend case is also i::;portant in
relation to the Mengele case for several roasonac
Schwend ran a Nazi escape organisation, under
the cover of a Jewish relief organization after the war. The
organization was headquarted in the Rataetz castle located
on the Brenner Pass, one of the [rain routes for Nazi
fugitives from Austria into Italy. It is believed to be the
route Mengele may have been taken on his way into Italy. If
Mengele was assisted by Schwend and his cronies.(most of them
Aryanited Jaws) then a direct link to U.S. intelligence may
be established - it is unlikely that the Schwend escape route
could have operated without the benign approval of U.S.
intelligar,ce.;
b) The Schwend case appears to show that some
eler-en.ts of American intelligence may have been susceptible
to selling freedo{n to Nazis for large sutra of money. This is
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of interest in t-he Menaele case because money is the only
n? sotiating point Mengele could have offered Allied
intelligence -officers for "their' assistance. - While Mengele
had no intelligence value, he certainly had access to large
sums'of money due to the wealth-of his family. The Schwend
case could provide a possible motive to American involvement
with Mengele, -if that involvement- can be conclusively
proven:
c) It is well established that Mengele and Schwend
were good friends in post-war South America. Schwend, Sarbie
and Mengele were all considered murder suspects during a 1972
Peruvian police investigation into the murder of a prominent
Lima busineearran, Luis Sanchero Rossi. `ore of them were
ever tried in the case only Schwend could be found and
apprehended. If Schwend and Mengele started their friendship
in post-war Europe additional crederice could be given to the
possible American ties to Mengele.
Many of the documents I have rec.ived pursuant to Freedom
of Information Requests are blacked out. I respectfully
request that this Senate Committee order a full investigation
into American intelligence assiatance to SS fezjor Fred-rick
Schwer.d to dete_r.~jne U.S (a) whether S. :n telliccnce right have
sponsored Schwend's Nazi escape orcanization and (b) to
determine whether Pengele was assisted by that escape
organization.
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5.MENGELE FAMILY BUSINESS INVOLVEMENT
Dieter Mengele, Josef_=a nephew, -claims. that- .the: Mengel.:--.
family, used to- have an ownership- interest in KMN
International Farm Machinery, Inc. of Westwood;- New Jersey,
but sold its interest in 1976 and never had any' further -
Contact with the company.
Dieter's claim would seem to be partially contradicted by
doc~,rtentary evidence. First, I am in possession of a June
25, 1981 Dun & Bradstreet report in which Karl Mengele and
Sons is clearly listed as of the three owners, at least
through September 26, 1980. Why is Dun i Bradstreet
reporting a Mengele family interest four years after Dieter
claims it stopped.
Moreover, KMid was a Delaware corporation registered to do
business in New Jersey with the Secretary of State. KMN was
not withdrawn from New Jersey until December 31, 1964, and
during the entire time the company was registered in that
state, Dieter Mengele, Josef's nephew and an Oxecutive of
Karl Mengele and Sons, was listed with the Departrent.of
.Corporations for the State of New Jersey as the person upon
whore legal process should be served in case of a lawsuit.
If, as Dieter claims, the family had no connection with KMN
after 1976, why was he still listed as the service of process
agent eight years alter he claims the connection ceased?
Finally, it should ~-e noted that KMN Modern Farm P-quip~:,ent
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Inc., which incorporated in Delaware in 1973, is still an
eetive corporation in good standing.- Additionally, L N is
r.egistered.to- do-buainess in at least two other states of
which I am aware:- Arkansas and-Wisconsin, In both-of those.
states fiMN registered in 1979 and is currently. active and in
?
good standing
Can Dieter Mengele prove that notwithstanding his New
Jersey. affiliation through 1964 that he indeed has no
business association with the Delaware corporation and/or the
Arkansas or Wisconsin branches?
CONC I USION
I have presented the above infortation in the hope that it
Haight assist this senate Committee in further directing an
investigation to determine the extent, if any, of possible
U.S. post-war involvement with Dr. Josef Mengele. I hope
that further investigations into both, the International Red
Cross file and the Schwend case may produce fruitful
information relating to Mengele.
If I can be of assistance in the future to any inquiry
before this Cor,mittea I shall certainly endeavor to provide
whatever useful information I have.
Nl--W
YORK, ii C!4 YOR1;
MARCH 19, 1985
GERALD L. POSNER
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OLL 85-0546/1
19 March 1985
MEMORANDUM FOR THE RECORD
Subject: Hearing Before the Subcommittee on Juvenile
Justice, Senate Committee on the Judiciary,
on the Search for Dr. Josef Mengele, Nazi
War Criminal
1. The second hearing on the above-captioned subject
(see MFR dated 19 February 1985, OLL 85-0546), was held at
10:00 a.m. today in Room 226 Dirksen Senate Office Building.
The following Members were present:
Arlen Specter (R., PA), Chairman -
Alfonse M. D'Amato (R., NY) (invited Member)
Paul Simon (D., IL)
Mitch McConnell (R., KY)
Howard M. Metzenbaum (D., OH)
2. The first three Members listed each made opening
statements but only Senator D'Amato's was printed and
distributed. The latter two Members arrived during the
hearings and did not make statements. A copy of the Witness
List is attached along with the prepared statements read by
each of them.
3. The first witness, Congressman James J. Florio
(D., NJ), read his statement into the record. At the
conclusion of Mr. Florio's statement, Senator Specter asked
whether he believed Dr. Mengele is still alive today.
Mr. Florio responded that even if Dr. Mengele is not alive,
and he believes he is, the hearings have a validity for the
purpose of legislative oversight to see how the agencies have
interacted in the past. Mr. Florio politely attempted to
dissuade Senator Specter from proceeding with legislation he
proposes that would allow (the U.S. Government) to move into
a country and take by force terrorists located in that
country, with or without consent of that government, if legal
extradition is not possible. Mr. Florio cautioned that it
could be a double-edged sword.
4. The second witness, Stephen S. Trott, Assistant
Attorney General, Criminal Division, Department of Justice
(DOJ), gave a brief report on the role--of the U.S. Government
in its efforts to capture Dr. Mengele. In reponse to Senator
D'Amato's question, Mr. Trott said that his office is being
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given cooperation at the highest levels by other government
agencies. Senator Simon questioned Mr. Trott on the
attachment to his prepared statement which listed expulsions
of Nazi war criminals from the United States, ongoing
investigations, and decisions in ongoing litigations, and
asked what happened to these Nazis following their expulsions
and what might happen to Mengele after he is captured and
deported to some other country.
Mr. Trott replied that there is no law in this country to.
cover this; the U.S. cannot prosecute people located under
this program (to locate and deport war criminals). We can
only deport them because they lied to get into this country.
5. Mr. Trott went on to explain that both West German
and Israel have warrants out for Mengele and those countries
would attempt to get him extradited there.
6. Senator Metzenbaum questioned Mr. Trott at length,
first in asking him the degree of cooperation Justice has
received from the CIA, and then repeatedly asking Mr. Trott
what DOJ (or anyone else) was doing about Paraguay and-what
was the extent of the Drug Enforcement Agency's involvement
in the investigation. Mr. Trott responded that CIA coop-
eration has been good and believes he will continue to get
good cooperation from the CIA. Several times he politely
declined to go into any details regarding Mengele being
involved in drug trafficking and cited the need for
confidentiality on what Justice, Office of Special
Investigations (OSI), is doing in Paraguay.
7. This was followed by a lengthy-exchange between
Senator Metzenbaum and Mr: Trott on the competency of the
U.S. Marshal's being used to assist in the investigation
(Mr. Trott noted that Marshal candidates are sponsored by
U.S. Senators, but went on to defend their competency, at
least since 1981.)
8. In response to Senator Specter's query about some 800
former enemies brought in between 1945 and 1955 to work on
projects like Overcast, then Paperclip, Mr. Trott commented
that he did not have enough personal information on that
subject, but that belonging to Paperclip did not make anyone
immune from OSI's investigation.
9. Senator D'Amato did not ask Mr. Trott any questions,
but wanted it stated for the record that "Mr. Casey--a nice
fellow--assured me personally of his full cooperation in this
investigation" and that Secretary Shultz also indicated to
him that this investigation is a priority matter for State in
terms of cooperation, and the same for Secretary of the Army
John Marsh.
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10. The next witness, Mr. Gerald L. Posner, read his
prepared statement into the record and then asked the
Committee to:
a) direct the appropriate U.S. government agency
to make an official request to the International
Red Cross for its file on Josef Mengele; and
b) direct an investigation to determine the extent
of possible U.S. Government postwar involvement
with Dr. Mengele, especially in light of
allegations that a Major Frederich Schwend, also
a Nazi war criminal, aided Dr. Mengele to escape
to Italy--with the approval of U.S. intelligence
agencies.
Both Senators D'Amato and Specter urged Mr. Posner to work
closely with the Office of Special Investigations, since it
was apparent Mr. Posner has enough information to tie Schwend
with the Counter-Intelligence Corps (CIC).
11. The last two witnesses appeared together: Rabbi
Morton M. Rosenthal and Elliot Welles, both of the
Anti-Defamation League (ADL) of B'nai B'rith, New York. Only
'Rabbi Rosenthal had a prepared statement. Rabbi Rosenthal
cited the case of Walter Kutschmann whom the ADL is convinced
is living now in Argentina under the pseudonym "Pedro Ricardo
Olmo." He said the ADL had brought this to the attention of
Argentina's Foreign Minister, but Kutschmann remains free.
Senator Specter said he would press the State Department on
12. Mr. Welles commented that the U.S. Government should
push with all countries which have information and request
they pursue all leads, and that U.S. intelligence agencies
should identify all known Nazis and have action taken'to
apprehend them. He then mentioned the case of war criminal
Otto Bruner, whom he knows is living in Damascus, Syria,
under the name of George Fisher. In conclusion he stated
that E ::1 OSI, asked him to turn over to him all
documentation and.OSI will follow up on the ADL's leads.
13. The hearing ended about 12:00 Noon.
Office o Legislative Liaison,
J.iaison Division
STAT
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LD/OLL~ gg (26 March 1985)
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