Since there were literally zero donations regarding my publication of Wirecard court transcription from the anglo-american world - which refuses to pay bills for years and thinks all journalistic work from Europe are free & for them - here the summary of supervisor board vice-chair Stefan Klestil's second day of interrogation from February 1, 2024 in English and for free.

Here the link to Stefan Klestil's Wirecard court interrogation from January 31, 2024 in English.


x.com/SkyMartiner/st ...

February 1, 2024 began with a renewed motion for evidence and court application by Dr. Braun's defense - which was again briefly addressed and rejected to be read out by the Wirecard court - after which the responsible judge continued the questioning of witness as on the previous day.

The judge first examined several strategic loans that Klestil had allegedly been involved in granting, e.g. regarding Beroe Holdings and Wimatek.

At the end of his questioning, the presiding Wirecard judge explains that Klestil is charged along with others in an organ liability lawsuit over 400 million euros next week, which is being sought in Munich, and asks Klestil whether he has "exchanged information with other defendants in this regard".

Klestil is visibly surprised by the judge's question and public statement here and says that he certainly will not, and has not done so.

The defense of Dr. Braun takes over the questioning after Munich's Public Prosecutor's office, first asking about Klestil's perception of the relationship between Braun and Wulff Matthias, which was apparently not always easy.

Klestil is also asked whether he was present at the Wirecard TPA workshop in August 2019 and whether he was informed about the liquidation of Al-Alam in May 2020 in the Supervisory Board, both of which Klestil denies.

Braun's defense counsel further asks whether Klestil knew of other cases beyond oCap in which partner loans were granted that did not go through Wirecard Bank.

Klestil states he assumes that the merchant cash advance (MCA) business existed in Brazil and Turkey and was financed there via external loans away from the bank.

The defense further states that it is surprising that the resolution at Wirecard supervisory board (SB) meeting from December 12, 2018 did not go through.

Klestil informs that there is extensive email correspondence on this matter and that the there discussed loan is supposedly a main component of the liability action that is pending also against him, and that he has dealt extensively with these issues.

Supervisory Board minutes from December 7, 2017 on the court projector regarding a 'Real-Time Settlement' are presented, showing how Marsalek ascribes a "𝙙𝙚𝙡𝙖𝙮𝙚𝙙 𝙖𝙘𝙦𝙪𝙞𝙧𝙞𝙣𝙜 𝙫𝙤𝙡𝙪𝙢𝙚 𝙤𝙛 500 𝙢𝙞𝙡𝙡𝙞𝙤𝙣 𝙚𝙪𝙧𝙤𝙨" to the partnership with pay4.

Klestil is further questioned regarding Wirecard loans in connection with oCap and/or Swiss Life.

Dr. Braun's defence asks Klestil how the short-selling ban on Wirecard shares imposed by BaFin for 8 weeks in 2019 was received by the Supervisory Board.

Klestil states that this had of course massively supported the management board's view of short seller attacks onto Wirecard.

Klestil describes the short-selling ban here in court as "𝙮𝙚𝙨, 𝙖𝙣 𝙚𝙭𝙩𝙧𝙚𝙢𝙚 𝙢𝙚𝙖𝙨𝙪𝙧𝙚 𝙩𝙝𝙖𝙩 𝙝𝙖𝙨 𝙣𝙚𝙫𝙚𝙧 𝙗𝙚𝙚𝙣 𝙨𝙚𝙚𝙣 𝙗𝙚𝙛𝙤𝙧𝙚 𝙤𝙣 𝙀𝙪𝙧𝙤𝙥𝙚'𝙨 𝙘𝙖𝙥𝙞𝙩𝙖𝙡 𝙢𝙖𝙧𝙠𝙚𝙩𝙨" and that the Supervisory Board had hence "𝙨𝙚𝙧𝙞𝙤𝙪𝙨 𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙞𝙤𝙣𝙨 𝙩𝙝𝙖𝙩 𝙩𝙝𝙚 𝙒𝙞𝙧𝙚𝙘𝙖𝙧𝙙 𝙨𝙝𝙖𝙧𝙚 𝙥𝙧𝙞𝙘𝙚 𝙬𝙖𝙨 𝙗𝙚𝙞𝙣𝙜 𝙢𝙖𝙣𝙞𝙥𝙪𝙡𝙖𝙩𝙚𝙙".

Defense further asks whether Klestil himself owned Wirecard shares, he denies.

Klestil states that Supervisory Board Chairman Thomas Eichelmann also regarded BaFin's 2019 short-selling ban as "𝙨𝙚𝙖𝙡𝙚𝙙 𝙨𝙪𝙥𝙥𝙤𝙧𝙩 𝙛𝙤𝙧 𝙩𝙝𝙚 𝙒𝙞𝙧𝙚𝙘𝙖𝙧𝙙 𝙜𝙧𝙤𝙪𝙥".

He states that it was a "𝙝𝙪𝙜𝙚 𝙩𝙤𝙥𝙞𝙘" within the Supervisory Board and proof that "𝙖𝙩𝙩𝙖𝙘𝙠𝙨 𝙤𝙣 𝙒𝙞𝙧𝙚𝙘𝙖𝙧𝙙 𝙩𝙤𝙤𝙠 𝙥𝙡𝙖𝙘𝙚 𝙩𝙝𝙧𝙤𝙪𝙜𝙝 𝙨𝙝𝙤𝙧𝙩 𝙨𝙚𝙡𝙡𝙚𝙧𝙨, 𝙩𝙝𝙧𝙤𝙪𝙜𝙝 𝙖𝙘𝙩𝙤𝙧𝙨 𝙬𝙝𝙤 𝙬𝙚𝙧𝙚 𝙗𝙧𝙞𝙗𝙚𝙙 𝙖𝙣𝙙 𝙥𝙧𝙤𝙛𝙞𝙩𝙚𝙙 𝙛𝙧𝙤𝙢 𝙥𝙧𝙤𝙛𝙞𝙩𝙨 𝙗𝙮 𝙟𝙤𝙪𝙧𝙣𝙖𝙡𝙞𝙨𝙩𝙨 𝙥𝙪𝙗𝙡𝙞𝙨𝙝𝙞𝙣𝙜 𝙛𝙖𝙡𝙨𝙚 𝙧𝙚𝙥𝙤𝙧𝙩𝙨" at the time.

It is explained that Eichelmann testified during his questioning at the Wirecard Bundestag committee in Berlin that "𝙩𝙝𝙚 𝙆𝙋𝙈𝙂 𝙨𝙥𝙚𝙘𝙞𝙖𝙡 𝙖𝙪𝙙𝙞𝙩 𝙡𝙚𝙙 𝙩𝙤 𝙖𝙣 𝙤𝙪𝙩𝙘𝙧𝙮" at the Board of Directors, and also at the Supervisory Board.

Klestil explained that "𝘽𝙧𝙖𝙪𝙣 𝙝𝙖𝙙 𝙙𝙧𝙞𝙫𝙚𝙣 𝙖𝙣𝙙 𝙥𝙧𝙤𝙢𝙤𝙩𝙚𝙙" this audit.

Although he himself had apparently not spoken directly with Braun about the upcoming KPMG audit, he explained that Supervisory Board Chairman Eichelmann had certainly spoken with Braun about the special audit "𝙡𝙤𝙣𝙜 𝙗𝙚𝙛𝙤𝙧𝙚𝙝𝙖𝙣𝙙" and that the two had certainly coordinated their views.

Braun's defense further asks Klestil how the Wirecard special audit interim report presented by KPMG in April 2020 was received by competitor auditor EY.

Klestil explains that there were many interactions with EY regarding the various annual financial statements, and that EY intended to intervene directly into KPMG's interim special reports regarding TPA business at the end of April 2020 in order "𝙩𝙤 𝙚𝙭𝙥𝙡𝙖𝙞𝙣 𝙩𝙝𝙚 𝙏𝙋𝘼 𝙨𝙩𝙧𝙪𝙘𝙩𝙪𝙧𝙚 𝙢𝙤𝙧𝙚 𝙥𝙧𝙚𝙘𝙞𝙨𝙚𝙡𝙮".

It is further ascertained that, according to Wirecard investigational Berlin committee documents, Supervisory Board Chairman Thomas Eichelmann received a call from EY on April 22, 2020, in which the long-standing auditors complained that KPMG's statements regarding EY were "𝙢𝙞𝙨𝙡𝙚𝙖𝙙𝙞𝙣𝙜".

This was also due to the situation of two Big 4 audit firms at Wirecard, conducting audits now at the same time.

Eichelmann had discussed important issues with auditors more or less alone in the Supervisory Board around this April 2020 date.

Klestil did not have the impression that Wirecard was considering changing the EY auditors completely at this point of time, as there had been "𝙣𝙤 𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙞𝙤𝙣 𝙤𝙛 𝙩𝙝𝙞𝙨 𝙖𝙩 𝙖𝙡𝙡" to him.

Dr. Braun's defense continues to ask the witness Stefan Klestil whether there were any considerations in the days after June 18, 2020 to possibly continue to run the Wirecard Group.

Witness Stefan Klestil confirms this, informs that there were hectic discussions with James Freis during this time, who was making calculations day and night on how to find solutions.

The Wirecard judge intervenes at the end of the hearing and asks Klestil whether he was present at Wirecard HQ in Aschheim on 18 June 2020, and how Klestil had perceived Jan Marsalek.

Klestil confirms. He said that he had perceived Markus Braun as a worried and "𝙫𝙚𝙧𝙮 𝙨𝙝𝙤𝙩-𝙖𝙩 𝘾𝙀𝙊" that day.

Klestil states that COO Marsalek was also in the building on June 18, 2020, he was walking around and holding conferences, quote, "𝙝𝙚 𝙬𝙖𝙨 𝙣𝙤𝙩 𝙧𝙚𝙢𝙖𝙧𝙠𝙖𝙗𝙡𝙚, 𝙧𝙚𝙡𝙖𝙭𝙚𝙙, 𝙛𝙧𝙞𝙚𝙣𝙙𝙡𝙮, 𝙘𝙤𝙣𝙛𝙞𝙙𝙚𝙣𝙩, 𝙖𝙘𝙩𝙪𝙖𝙡𝙡𝙮 𝙖𝙨 𝙖𝙡𝙬𝙖𝙮𝙨".

Klestil further states, quote, "𝙞𝙣 𝙥𝙖𝙧𝙖𝙡𝙡𝙚𝙡, 𝙈𝙪𝙣𝙞𝙘𝙝 𝙥𝙪𝙗𝙡𝙞𝙘 𝙥𝙧𝙤𝙨𝙚𝙘𝙪𝙩𝙤𝙧𝙨 𝙝𝙖𝙙 𝙗𝙚𝙚𝙣 𝙞𝙣 𝘼𝙨𝙘𝙝𝙝𝙚𝙞𝙢 𝙤𝙣 𝙅𝙪𝙣𝙚 18, 2020 𝙖𝙣𝙙 𝙞𝙣𝙩𝙚𝙧𝙧𝙤𝙜𝙖𝙩𝙚𝙙 𝙝𝙞𝙢. 𝘽𝙚𝙘𝙖𝙪𝙨𝙚 𝙤𝙛 𝙢𝙖𝙧𝙠𝙚𝙩 𝙢𝙖𝙣𝙞𝙥𝙪𝙡𝙖𝙩𝙞𝙤𝙣".

Dr. Braun himself has no further questions.

Oliver Bellenhaus' defense now asks Klestil whether he knows which of the six Wirecard major investors mentioned yesterday was the only one who did not back Dr. Braun around April 2020. Klestil states that this was the major investor DK.

Klestil is finally asked personally by Oliver Bellenhaus whether he thinks Braun has understood the complexity of the overall business.

Klestil replies, "𝙜𝙤𝙤𝙙 𝙦𝙪𝙚𝙨𝙩𝙞𝙤𝙣, 𝙄 𝙛𝙞𝙣𝙙 𝙞𝙩 𝙙𝙞𝙛𝙛𝙞𝙘𝙪𝙡𝙩 𝙩𝙤 𝙖𝙣𝙨𝙬𝙚𝙧, 𝙝𝙚 𝙤𝙛𝙩𝙚𝙣 𝙝𝙖𝙙 𝙩𝙤 𝙖𝙨𝙠 𝙖𝙗𝙤𝙪𝙩 𝙙𝙚𝙩𝙖𝙞𝙡𝙨 𝙝𝙞𝙢𝙨𝙚𝙡𝙛".

When asked by Oliver Bellenhaus whether Klestil could name the total sales figures for Wirecard software, he answered "𝙄 𝙘𝙖𝙣'𝙩 𝙞𝙢𝙖𝙜𝙞𝙣𝙚 𝙢𝙤𝙧𝙚 𝙩𝙝𝙖𝙣 10%, 10% 𝙖𝙩 𝙢𝙤𝙨𝙩".

Klestil was unable to recall that, according to Oliver Bellenhaus, 200 million euros had moved from trust accounts to a TPA partner in 2018 in order to finance the TPA business.