Tuesday, April 28, 2015

German Bank: How the Kirch process ran – THE WORLD

whimsical smiles Judge Peter Noll in the right half of the hall. “I do not say every time Grüßgott that applies to everyone,” he says. No wonder he wanted to spare his voice: Five defendants were seated in the three rows of orange chairs, to their lawyers and the Deutsche Bank. 22 people -. More had there found no room, it was already pretty close to between the robes of the lawyers

Rarely should a dock similar prominently occupied have been. German Bank CEO Jürgen Fitschen and its two predecessor Josef Ackermann and Rolf Breuer sit lined up in a row, next to the two former board members Clemens Börsig and Tessenberg of Heydebreck. They should all have contributed to the alleged procedural fraud in the parish method. Will be opened here on the second floor of the Criminal Justice Center in Munich, one of the largest economic processes in recent history.

Noll can not say that. The judge with the small, round glasses and gray hair has no special words concocted, opened with lapidary standard sets the hearing. Nervousness over prominent cast of the room? Not at Noll. Just last year he had Formula 1 boss Bernie Ecclestone sitting here, he has passed already the big Siemens bribery process.

Photo: AP He will lead the trial of some of the most prominent bankers Germany: Judge Peter Noll, here at the beginning of the trial against Bernie Ecclestone

The German bankers have their experiences. Unpretentious they march in single file their lawyers in the courtroom, already sorted so that they can take the seats without large crowds. Fitschen smiles briefly friendly in the hall, he joins the stoic face his ex-colleagues. Victory sign, big grin – such photos happen to a German bank chief not do that again. Ackermann and even much less.

Not only the appearance of the accused is simple, it is also the stage. Because the Courtroom of the justice center is occupied by the NSU process remains for church-process only the very ordinary meeting room B 273. Between the three accused and the prosecutor is not much space for the table for witnesses. Small nameplates are on the tables, somehow, the court must indeed keep track of all the pick-up and robed.

100 folders with documents submitted

Background Judge Noll, under the compulsory in Bavaria cross on the wall, a shelf accommodates more than 100 folders with documents submitted. They show impressively how much it is to work up here. Twelve years lasted the dispute between the media-bankrupt Leo Kirch and Deutsche Bank.

Kirch, the bank had sued for damages because he was by then-CEO Breuer saw ridden into bankruptcy after it had doubted in an interview in February 2002 publicly Kirch’s financial strength. The dispute was settled last year with a more than 900-million euro compared.

    Jürgen Fitschen (66)
  • >
  • Rolf Breuer (77)
  • Clemens Börsig (66)
  • Tessenberg of Heydebreck (70)

However, for the current and previous German Bank Manager is the thing that’s not over yet. Because from the perspective of the public prosecutor, the bank-side in the trial before the Munich Higher Regional Court (OLG) could systematically lied and deceived to disguise what the bank actually resulted in early 2002 in the shields and the role played the Breuer interview Against this background, .

The Court of Appeal went in its judgment on the assumption that Breuer wanted to drive his clients church consciously into a corner, for a mandate to restructure the lurching media group get

Just opposite this interpretation, the bank had kept in the Civil Procedure long -. and after the prosecutor believes she grabbed while fraudulent means. Breuer, Ackermann, Börsig and Heydebreck allegedly gave false when they were asked whether the Bank sought an advisory mandate of the church.

Knowingly briefs with incorrect information submitted?

Fitschen maneuvered himself at his own questioning in court by the investigator considers to be untruthful around. But just as Ackermann one throws before him to have done nothing against the overall process strategy. With their knowledge of the bank’s lawyers have always filed further submissions with false information.

110 pages comprising the indictment. Senior public prosecutor Christiane Serini it reads quickly, but do not forget the matching accents. When it comes to that submitted to the court briefs Bank were wrong, then she lifts the word “wrong” the voice, as well as emphasizing the word “disproved” when the conversation turns to the documents in raids in Frankfurter Bank headquarters were found and the evidence from the perspective of the prosecution that the version of the bank could not vote.

Even after one and a half hours of reading work expires Serini not in a droning sound, as if to underline how confident she is of this indictment.

All the allegations must be read, it wants the Code of Criminal Procedure. Even a highly paid man like Fitschen, which is otherwise used to a minutely timed schedules, no other choice than to listen patiently. He has put on his reading glasses and reads, as Breuer, while Ackermann sitting upright most of the time in his chair and looking towards the prosecutor.

His face does not show any emotion, even if Serini reads allegations against him personally. Breuer, however, repeatedly chews on his lower lip, frowns, supports the head in the palm of your hand. Fitschen reads unmoved, but at one point he keeps the rest but not quite. When the prosecutor is performing that today 66-year-old had testified tactically before the OLG to lie nor to thwart the process strategy of the other parties, shall submit to the Reserve Chairman forehead deep wrinkles, short and vigorously shakes his head.

“Is it still, woman prosecutor?”

One has the impression that Fitschen still upset about it how to make him these allegations. On the day before the opening process, he has made it clear that he does not understand why this accusation had been brought against him. “I’ve always said, and that, I also turn not back,” he had said almost defiantly.

Photo: Getty Images The ex-head of Deutsche Bank, Josef Ackermann (center), in the courtroom. Behind him is the current co-head of the banking house, Jürgen Fitschen

Whether he can convince the court, it is likely to occur only in a few months to know. 16 days of hearings are scheduled in Munich, it could also be more.

“Is it still, woman prosecutor” asks judge Noll sometime caring, when Serini at the Verhaspler accumulate. “Can all still follow?” He asks the accused. The atmosphere so much we can say is once more relaxed than at OLG Judge Guido Kotschy who could turn his anger on the lügende in his view, bank sometime no bones about it.

After about two hours Serini is once redeemed from reading marathon. Lunch break. The accused left the hall as calmly as she came.


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