After his many years in prison, convicted ex-banker Pieter G. from Groningen is asking for almost eight tons of criminal money that the Public Prosecution Service took from him back. This is because there would be new circumstances.
This emerged on Tuesday afternoon during a hearing at the Midden-Nederland court in Utrecht. Former internet entrepreneur and ex-bank employee Pieter G. asked for 785,000 euros back from the Central Judicial Collection Bureau (CJIB). That money belonged to his companies Sebastivier Beheer and Sebastivier Trade and was confiscated by the judiciary because of his role in a major fraud case.
Corruption case SNS Property Finance
Pieter G. was sentenced to two years in prison on appeal in 2018 for his role in the mega fraud surrounding the bank SNS Property Finance. A group of bankers and financial experts, some of whom were nicknamed ‘De Groningers’, were convicted in this corruption case. They invoiced heavily to the SNS bank at hourly rates between 225 and 325 euros. Part of that money was secretly paid as mediation compensation (called kickbacks) under the guise of consultancy work.
Pieter G. received approximately 1.6 million euros through this internal snack circuit. He also passed on some of that money to, for example, Buck G., the director at SNS Property Finance. This fraud was covered up via false invoices and in this way G. and his associates siphoned off significant amounts of money from SNS Bank.
Initially the Groninger received already a year in prison , including for taking bribes. But both Pieter G. and the Public Prosecution Service appealed. There his initial sentence was doubled by the Court of Appeal. The other main suspect Buck G. also had to serve two years. The court convicted the two men of non-official bribery, forgery, money laundering and participation in a criminal organization.
Mount Nepal Criminal Case
G.’s companies Sebastivier Beheer and Sebastivier Trade were also tackled by the judiciary. Invoices were sent through these BVs and G. received his kickback payments. During the criminal case ‘Mount Nepal’, as the enormous fraud case was called, these companies were also convicted and demanded to repay 785,000 euros. After all, it was money that had been earned in a criminal manner.
Pieter G., for example, received around 75 euros per hour from co-suspects who themselves wrote 300 euros per hour. The 75 euros per hour was paid because G. had brought the other suspect on board at SNS Property Finance, thus setting up a financial carousel outside the bank’s view.
Yet G. is now asking for the hundreds of thousands of euros back. Because after his conviction and serving his prison sentence, the Supreme Court decided that the 66-year-old Groningen resident is guilty of, for example, forgery and being a member of a criminal organization. But the SNS fraudsters were subsequently acquitted by the Supreme Court on the issue of money laundering.
Reversal of confiscation claim
And that creates a new situation, Pieter G.’s lawyer argued on Tuesday afternoon in Utrecht. “After the criminal cases, the cases were looked at with new knowledge and an acquittal on money laundering followed. That is so closely related to the other facts,” says lawyer Annerieke Stronkhorst of De Roos and Pen Advocaten, who is asking for a remission or reduction of the confiscation.
According to her, falsely drawing up invoices is “of course” not allowed, but in this case work was done for the hundreds of thousands of euros that were taken from G.. And so the confiscation claim must be reversed. G. therefore asks for the full price (785,000 euros) back.
The Public Prosecution Service is not yet convinced of the necessity. Although the public prosecutor could somehow understand the thinking of G.’s lawyer, she still believes that the multiple court should reject the claim. “What part of the money falls under money laundering, for example? And being a member of a criminal organization? And forgery?”
The judges indicated that they wanted to think about it and will issue an (interim) judgment on January 9, 2024.