The couple in Zeijen, who would have embezzled more than a ton from a (now deceased) couple in Gees between 2010 and 2013, can pick up with relief. Due to the statute of limitations and an acquittal, their lawsuit came to an abrupt end today.
In 2014, the descendants of the couple from Gees reported embezzlement. Their parents’ capital had disappeared like snow in the sun. At least eight tons are said to have been diverted from the account. They suspected the financial advisor had diverted the money. His wife took advantage of this.
The Public Prosecution Service then found that there was too little evidence to prosecute the couple, then living in Haren, for the embezzlement of the money of the pharmacists in Drenthe. Meanwhile, a prosecution was established for the financial exploitation of an elderly woman in Haren by the financial adviser and his wife. The victim died in abject poverty in 2015.
Her capital, over three tons, had evaporated. In 2016, the couple was sentenced to 22 months in prison for defrauding this old lady. On appeal, that was adjusted downwards to one and a half years in prison. The couple also had to pay back 2.5 tons.
The relatives of the couple from Gees did not accept the decision of the Public Prosecution Service during that period not to prosecute the couple for defrauding their parents. They went to the court in Leeuwarden and challenged this decision. And with success, the court decided in 2019 that the Public Prosecution Service had to make a case for this. Today was finally the hearing, the suspects did not appear.
They had just finished their previous sentences and had to recover from this, their lawyers said. The couple couldn’t handle going to court again. Today it became clear that embezzlement is subject to a limitation period of six years. The term can be extended if the Public Prosecution Service takes action in the meantime.
According to the judge, that did not happen. In 2019, it was only decided to prosecute in the case of the couple in Gees. And with that, the statute of limitations had been crossed. There was still a discussion about an amount of 900 euros, of which it was not clear whether this was illegally obtained money.
The public prosecutor asked for an acquittal for this small part. The judge accepted this acquittal; to the astonishment of the bereaved families.