A 54-year-old lawyer from Roden has been acquitted by the court of bankruptcy fraud. According to the judge, there is not sufficient evidence that the lawyer intended to harm creditors in the bankruptcy of a 71-year-old client.
The judge finds that it is not sufficiently established that the lawyer could have foreseen the bankruptcy. The customer could have avoided bankruptcy by paying his creditors. The lawyer could not necessarily have known that the client continued to refuse this.
Two weeks ago, the Public Prosecution Service (OM) demanded a year’s prison sentence against the lawyer.
According to the Public Prosecution Service, the law firm’s client was clearly heading for bankruptcy. The construction entrepreneur from Gees (he now lives in Geeste, Germany) also had debts to his lawyer in Roden.
According to the Public Prosecution Service, the Roner lawyer set up constructions to keep goods out of bankruptcy at the expense of other creditors.
The judge did not agree with this. This also eliminates the proposed fine of 50,000 euros for the office in Roden.
It is different with the 71-year-old construction entrepreneur. It was declared bankrupt in January 2018. The court ordered him in April 2017 to pay his bills, including those of his lawyer in Roden.
His Roner counsel pointed out to him that he would go bankrupt if payment was not made. By not paying, the entrepreneur consciously pushed for bankruptcy. The entrepreneur subsequently did not hand over the entire administration to the curator, concealed assets and removed goods from the estate.
The man was sentenced to twelve months’ imprisonment, of which six months were conditional.