Trial in Feldkirch

Pensioner wanted to trick his creditors

The defendant denied any guilt. In the end, however, the panel of lay judges did not believe his statements and sentenced him to five months' probation.(Bild: Chantall Dorn)

On Thursday, a 64-year-old pensioner was found guilty of fraudulent crida at the lay assessor's court in Feldkirch. The man had concealed an inheritance from his creditors.

At the beginning of all the evil was a classic case of "too much month at the end of the money". Which is why bankruptcy proceedings were initiated against the pensioner at the district court in Bregenz. However, in order to save what assets could still be saved, the accused concealed some of his property, which deceived his creditors. According to the criminal complaint, the accused had concealed an inheritance of 310,000 euros in the bankruptcy proceedings, among other things. He also concealed the ownership of three cars. In order to save these from execution, the vehicles were registered to his wife. In one case, their subtenant is also said to have been involved. This made the two of them guilty as contributory offenders. In addition, the second accused wife had concealed the fact that she owned securities totaling 3700 euros during the bankruptcy proceedings.

Taken to the Supreme Court in The Hague
During the trial, the 64-year-old pensioner pleaded not guilty and said that the 310,000 euros were the result of an inheritance dispute with his deceased father's girlfriend. "He had left her everything. So I went to court, all the way to the Supreme Court in The Hague." However, the 310,000 euros were only to cover the legal costs. That's why he didn't declare it. In any case, he had not inherited a penny.

In the end, the panel of lay judges considered this to be a protective assertion: "I don't assume that someone will take a case to the Supreme Court if they don't believe that they are entitled to the money," said the presiding judge Silke Sandholzer. According to the law, the mere assumption or prospect of an inheritance is sufficient for it to be declared in bankruptcy proceedings.

I don't expect anyone to go all the way to the Supreme Court if they don't believe they are entitled to the money.

Richterin Silke Sandholzer

The verdict for the first defendant, which is not yet final, is: five months' suspended imprisonment and a fine of 4,500 euros. His wife, who was absent from the trial, was sentenced to a partial fine of 1680 euros. The third accused lodger, on the other hand, was acquitted.