WGI acted as a brokerage house since February 2005. Money invested in the currency market, showing high profits, and in the authorities of WGI sat a group of well-known politicians, economists and people business. In April of 2006. The Securities and Exchange Commission the company withdrew WGI Dom Maklerski license for conducting brokerage activities, among others, for placing clients in error as to the status of their accounts. The court put the company into bankruptcy.
In the case approached by nearly 1.5 thousand. victims of creditors who estimate their losses at least 247 million zł. Ws process. WGI DM is pending before the Regional Court in Warsaw, and company bosses are accused of causing damage property in large sizes, which carries up to 10 years in prison.
On Wednesday, the District Court for Warsaw-Wola completed secondary ws process. WGI, concerning subsidiaries, WGI Consulting, established in 2005. A year later it was placed in state bankruptcy.
In 2012. prosecutors accused b. the President of WGI Consulting, a 39-year-old today Maciej S . and the deputy head of the company’s Luke K. and R. Arkadiusz is that in the face of bankruptcy have paid only 12 obligatoriuszom commitment, which favored relative to other creditors – have paid them 2.9 million zł. They also had – contrary to the provisions of the Accounting Act – does not lead records Bonds after he ceased to do their parent company – WGI Dom Maklerski.
In addition, the prosecutor accused the defendants that were serving in the accounts of unreliable data did not show a negative balance, also they showed no purchase of foreign bonds, and finally drafted or not the financial statements for 2005. and have not applied for WGI Consulting for bankruptcy, even though there were legal reasons for doing so. For such a crime described by the Code of Commercial Companies and Accounting Act punishable by a fine, restriction of liberty or imprisonment of up to two years.
On Wednesday, the court found the accused guilty as 4 out of 5 charges. In total, the court sentenced Maciej S. and Luke K. for a year and two months imprisonment, suspended for 4-year trial period (the prosecutor requested that the 2-year trial period, but according to the court was too mild). In addition, S. would pay 200 thousand. zł fine and more than 50 thousand. zł various court fees. Arkadiusz R. was sentenced to a total penalty of 175 thousand. zł fine and required to bear more than 50 thousand. zł costs and court fees.
“Defendants as the company’s management should be aware that not regulated for certain claims and that threatens to bankrupt the company. They can not defend ignorance about the state of the company’s finances, the more that 4 April 2006. The Securities and Exchange Commission has received license WGI DM, which puts into question the activities of WGI Consulting. The court had no doubts that since May the members of the board were fully aware of insolvency – should therefore refrain from payments “- said in an oral grounds of the judgment the judge Ursula Rosochacka.
According to the court, the accused are responsible for the fact that from February to 3 June 2006. WGI Consulting paid a total of 1.9 million zł 10 creditors, which the court considered favored. For payments to favored creditors other 2 defendants according to the court they do not correspond, because they were no longer on the board of the company – hence the change in the description of the act and the elimination of its two payments totaling one million zł. “The payments exceeded the amount of the bond. She ran valued them at 5-9 zł, and payments reached 17-140 zł per bond. The court does not believe the accused that it could go on bonds with different issues or to invest in various financial instruments” – said the judge .
“Kara same fine or restriction of liberty and the number of creditors, would be too mild. But the court disagreed with requests from prosecutors to impose two years imprisonment without suspension, “- stressed judge.
As she spoke, the prosecutor showed no personal relationship between the accused and those who discontinued the bonds and paid the money. “I indicated that these people were particularly close or favored the familiar, personal reason. You can not accuse them so that they dragged away money, so it can not be argued that the defendants acted in the interest of the private sector. You can spin multiple versions, so you have paid to those very people but it is only speculation. This could be accused of ad hoc decisions not to sow panic among customers and show that WGI pay the money, “- said the judge.
The court acquitted the accused of the charge of inactivity records of its own bonds. “Influenced the rules of law which should be interpreted differently from the prosecutor’s office” – explained judge. She added that while records were not kept, WGI Consulting has not issued bonds already.
sentenced for unreliable bookkeeping and failure to report for 2005. and for failure to apply for bankruptcy of the company, the court stressed that these are the requirements of the Accounting Act and the Code of Commercial Companies, and for violation of these provisions corresponds to the board. “The recipe is perhaps fanciful, but the recipe is a recipe – filed for bankruptcy consists in a situation of non-payment of invoices or 2 comparison of assets and liabilities. Backlogs were 10 thousand. Zł to ZUS and 24 thousand. Zł to the tax office – in the reality of the matter is in Total small amount, but enough to be a ground for the application for bankruptcy “- said the court.
The ruling is not and you can be challenged with the Regional Court in Warsaw. Maciej S. was the only one of the defendants appeared on his announcement. He refused to reveal whether he will be appealed. “It depends on lawyers,” – he said when asked by PAP.
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