The injury for Raiffeisen is huge. Because of the Era Vincenz, a copyist of more than 300 million Swiss francs threatens her. With a report by the Institute wants to find out if you could make the authorities around the Ex-chief Pierin Vincenz a part of the loss claimed.
That is not easy, shows a glimpse of the past. The Swissair Bankruptcy in 2001, employees of the judiciary for years. Several procedures have been brought against the former heads of the Swiss Airline. In any case, a court came to the conclusion that you have to pay for the Grounding a claim for damages. Instead, the creditor of the expense million and Ex – Swissair, cost Manager, Philippe Bruggisser, Eric Honegger and Mario Corti, received a compensation. After the UBS bailout in 2008, no claim against the Ex-was filed-heads. According to the former President, Kaspar Villiger, a dispute against the Top would have been Shots is irresponsible.
The applicant has the full burden of proof
The question, therefore, is whether it is worth against former Raiffeisen-squad action, the behind of the expensive diversification strategy. It action is a Responsibility easier to be a defendant as a plaintiff, says a lawyer versed in such procedures. Because it is very difficult to prove to the judge the responsibility of the former squad. The plaintiff has the burden of proof, and knows the situation is often not exactly. He attempted only in retrospect, to understand how it all happened. The defendant knows, however, the situation exactly, and can ignite some fog petards.
in Order to prepare a suit, must be seen, therefore, a true mountain of Files. A basis for this has worked for Raiffeisen in these days submitted by Gehrig-report. Further, the criminal proceedings against Vincenz is likely to play a major role.
How difficult it is, currently, in the case of Glarner KB
If something comes out, then the chances would increase, explains a lawyer. In the case of other persons from the management committees remain, however, difficult. Because in the process you would have to show who is involved in what to Decide and how well the Person was informed. A judge wouldn’t convict who has just made his Job, even if it is a damage for the company.
in Addition, it is easier responsibility to enforce claims if the squad had performed in its own bag or in a third, helped people to of money as a lawyer. The operations do not have to be a criminal.
The many controversial transactions could prove to be a disadvantage for Raiffeisen. The more complex a situation, the more difficult it is for the court to understand the whole affair. For Revision, in the case of Raiffeisen, it is PWC, the risk of a penalty, however, is greater. For higher requirements apply.
“We are of the Canton’s population is guilty of, that we bring those responsible to justice.”Martin Leutenegger, President of the Board of Directors of the Glarner KB
the method of the Raiffeisen against the Ex-cadre could be in the length. The Glarus cantonal Bank has been trying for years, of previous Bank boards and Executive management members, as well as the revision of a part of the damage of a failed expansion strategy and a lax credit policy back. It led in 2008 to a copyist of around 100 million Swiss francs. In 2015, the Bank received from the cantonal court of compensation of 16 million Swiss francs awarded.
The Supreme court dismissed the judgment, but recently, to the lower court. The Bank is holding on to the procedure. “We are the Canton’s population is guilty of, that we bring those responsible to justice,” writes Martin Leutenegger, President of the Board of Directors of the Glarner KB. Even if this could take a long time.
(Sunday newspaper)
Created: 26.01.2019, 19:18 Uhr
