Motions by Defence
Various motions filed and read out at court by then lawyer of defence
August 3, 2023
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Dark Mode
Another Wirecard court day in Munich, last day before 3 week summer break, a short time continuing interrogation of compliance manager Oezcan, followed by court decisions, statements & applications of Dr. Braun's legal defence.
For outsiders, evidence of TPA businesses is currently causing problems for a whole range of players who have benefited from narratives distributed mostly by Munich's public prosecutor's office and echoed by mainstream press in the past.
Wirecard
Wirecard
After questioning of Wirecard witness Oezcan, Braun's defence lawyer Dierlamm explains that every law student knows a thorough study of account movements is key to any investigation - follow the money. Wirecard's TPA business clearly existed, according to account movements investigated by Braun's defence.
Braun's lawyers stated that insolvency administrator & Munich prosecutors acted repeatedly in the same pattern: witnesses were given lists of companies without telling them facts and circumstances of these Wirecard companies, and why they actually should take a close look at them.
According to Dr. Braun's defence, Wirecard witness Oezcan was not aware that 900 million euros were identified in transaction records & attributed to TPA business. If so, Oezcan would have investigated differently when confronted with an April 5, 2023 request by prosecutors.
Braun's defence lawyers also rejected allegations of fraud related to the nearly 1 bn, 2019 Softbank investment into Wirecard. Braun did apparently not obstruct any inquiries from auditors of the deal, a complete list of all Wirecard customers including sales was provided on a stand-alone computer because of privacy concerns which Braun expressed and supported.
Braun's defence then went on to file motions to interrogate several employees involved in this stand-alone Wirecard computer, dedicated and prepared for the Softbank investment, containing a full customer list and sales. Various emails were cited that clearly seemed to exonerate Braun from the allegations of fraud in the Softbank deal.
Finance Director von Erffa's defence stated that he was not Wirecard's "Secret CFO", that Susanne Steidl was in charge of the TPA business, who allegedly never handled it in any "encapsulated" way. It was explained there were Townhall meetings regarding the TPA business and that Steidl was the point to contact.
After lunch, Wirecard court chamber decided today - 1 day before vacation break - on an appeal against rejection of the suspension of the trial from January 2023 (!), as well as on the rejection of the remission of Braun's arrest. Background: evidence was allegedly withheld shortly before the start of the trial.
The judge in charge of Wirecard trial was previously working as a public prosecutor in Munich under none other than compromised former Wirecard investigator Hildegard Baeumler-Hoesl.
handelsblatt.com/finanzen/banke ...
handelsblatt.com/finanzen/banke ...
The January 2023 appeal against decision to continue the court proceedings was denied today - on the last day before summer recess - by the Wirecard court chamber. Whereupon a renewed application for remission of Braun's custody and a suspension of the court proceedings due to a flood of new evidence was filed by Braun's defence today.
Representatives of Munich's Public Prosecutor's Office immediately responded and rejected the motion of Braun's defence for remission of his custody and suspension of Wirecard proceedings with the reasoning that facts and motions presented would allegedly have no effect on the verdict.
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