Six years ago, since the fraud case, ASE is blown, and still the courts are busy with the case. Four important judgments were handed down this year, all against BKB. Refuses to compensate more victims of Fraud. A new judgment of the Aargau upper court obliged the competent state attorney Karl button to detect because of the suspicion on money laundering against the BKB.
The Scam worked like this: The ASE Investment promised your customers dream returns, thanks to foreign exchange transactions and the highest level of safety, thanks to the accounts in the BKB with a state guarantee. Today, you know, it was a snow ball system. The ASE-clients received regular account statements, which seemed to confirm the gains.
The world was fine, until 2009, an article in “K-money” appeared, the doubts sowed. It turned out that the ASE to their customers simply of the statements of account were delivered, which showed a positive balance. Usually a second account existed but with a negative balance, the customer knew nothing. In addition to the customers who had their accounts directly in the BKB, there were also those that invested in a so-called quanto funds in the ASE. The quanto funds managed, in turn, the money in the accounts of the BKB. You the BKB refused so far, for compensation on the grounds that they had been no customers in the BKB.
BKB refers to the Finma
It is the quanto funds were customers, the on 27. August 2015, filed a criminal complaint for money laundering against the Bank and the responsible customer advisers and Party status that is requested. Button refused. The Supreme court held that quanto funds-customers are entitled to claim. The question remains, when will the BKB has recognized that the ASE is a snow ball system? If a company is looking at a Scam and doing nothing about it, is the offence of “deliberately blind to money laundering”. The experts of the Finance Department (EFD) also examine in an independent procedure, if the BKB has submitted their-money laundering message to late.
In the autumn, received the FDF, the Federal criminal court granted the right of the BKB-kept-secret investigation report of the law firm Baer and Karrer. The Aargau upper court quoted the judgment of the Federal criminal court. There, it also means that there are “at least as of February 2011, notes on the criminal origin of the funds”. Traded in the case of the BKB, but only in the spring of 2012. Then you’ve discovered the fraud and immediately filed charges, says the BKB. In addition, the financial market Supervisory authority (Finma) have investigated the case and submitted. Here, too, the court disagrees and says that Finma did not investigate “to see whether employees prosecuted for money laundering have been found guilty”.
“Substantial public interest in finding the truth”
Interestingly, the role of the new Raiffeisen-President, Guy lachappelle. He called on the Finma investigation and used them as a kind of Persil ticket, as it was his choice to Raiffeisen-President. He was in the autumn of 2010, Credit Manager at BKB, and urged immediately to compensate for the negative accounts of the ASE-clients. But, so the argument of the Bank, he realized the fraud system, just like the Rest of the Bank’s management. If this is true, the the arranged criminal must show investigation, if it is not delayed again, because the button or the BKB to pull off the procedure, and before the Federal court. Button thought of that, according to the media office.
This would be equivalent to a right of carryover, because it is highly unlikely that the Federal court decides in the sense of the Prosecutor’s office. On the contrary, last summer, stated: “The contested evidence serves the enlightenment of the corresponding criminal responsibilities and, as a result of ensuring the safety and Reputation of the Swiss financial centre and the interests of the Swiss economy, and the Public to lawful defensive measures against money laundering and serious forms of economic crime. In this respect, there was a substantial public interest in the criminal truth is here.”
(editing Tamedia)
Created: 14.12.2018, 22:05 Uhr
