A few months since the last mailing have gone by. Since the last mailing there was a hearing the 8th of May. Simon unfortunately did not appear on this hearing in Poland. I am assuming this hearing is one between the Polish prosecutor and Simon; no judge involved whatsoever.
As we know, Simon did go to this hearing.
I've found out that the reasom Simon did not appear at the hearing was that the prosecutor was unwilling to guarantee that Simon would not be arrested. Simon seems to have tried to have a remote hearing in Germany but the Polish prosecutor did not comply. Keep in mind that this entire confiscation was originally started by German authorities tipping off the Polish authorities. As we know, Germany has lifted the confiscation years ago which resulted in the 72% payout.
I've also learned that the Polish prosecutor has attempted to strike a deal with Simon. The deal would be 2 years prison with 4 years probation. This deal would be made to provision further proceedings. We also know that the prosecutor was overwhelmed when we en masse, spammed his office with motions. I believe this is a scare tactic to sucker Simon into getting this ordeal over. Naturally Simon has declined to this deal. I'd imagine this would strenghten his believe in that the Polish prosecutor might plainly arrest him when he is on Polish soil.
Even if he did accept the deal, it would be questionable if the funds would be released. Not to mention how it could possibly be distributed to the rightful owners.
Next to this, it's still unknown for what reason the money is being kept.The deal did include pleading guilty to 4 fraud transactions which account to 2.000 euros. Sounds rather fishy to keep a multitude of that figure confiscated. Another fishy detail is that Simon has been accused by person and not BTC24 LTD; the acting company behind the BTC24 trading platform.
Which makes the situation as following:
A Polish prosecutor is sitting on a large lump of money that he can keep confiscated. The alledged charge was money laundering but apparantly he in person has to plead guilty to fraud. It simply doesn't add up and I tend to believe that if he pleads guilty the money is gone for good.
So where are we now...
I've learned today that Simon should have received an e-mail where Simon is still needed in Poland to finish the case. I've found out that Simon has left Germany and will be unable to go to Poland; which is out of the question anyhow seeing how untrustworthy the prosecutor has been in this entire case. So the case hangs on how this hearing can proceed.
I've asked our lawyer if there is anything we can do to speed up this process and am still waiting for a reply. If the confiscation has been lifted then Simon can finally begin reimbursing the funds... in the ideal situation that is...
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This make no sense. Extradition to Poland is possible, but then there would have to be a trial. Sooner or later the prosecutor will have to make a move, I am sure there is some kind of deadline for prosecution.
I am not sure if that's possible but should that be the case, we're probably again looking at 6-12 months "translation" time again.
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