Sentence Not Yet Determined

Sentence upheld; Supreme Court overturns Benko’s acquittal!

On Thursday, the Supreme Court ruled on the finality of the judgment against René Benko.(Bild: Krone-Collage/Christof Birbaumer, APA-Images/APA/HARALD SCHNEIDER)

First final conviction for record-breaking bankrupt René Benko! On Thursday, the Supreme Court ruled in the case involving fraudulent bankruptcy. The Signa founder had been found partially guilty in the first instance in October 2025—this verdict was upheld by the Supreme Court. The partial acquittal in the case involving the Hungerburg Villa was overturned. This part of the proceedings must be retried. You can read about the events here in our live ticker. 

The Supreme Court also confirmed that Benko had gifted 300,000 euros to his mother, thereby withholding funds from his creditors. The appeal filed by Benko’s defense attorney, Norbert Wess, was therefore dismissed. For its part, the Public Prosecutor’s Office for Economic Affairs and Corruption had challenged the acquittal in another part of the proceedings—and did so successfully.

The most important points in a nutshell: 

• The Supreme Court upheld the conviction for fraudulent insolvency in the case involving a monetary gift from Benko’s mother, Ingeborg. 

• The acquittal regarding an advance rent payment for a villa in the Hungerburg district of Innsbruck was overturned and must be retried. 

• René Benko remains in pretrial detention; the sentence must also be re-adjudicated. Only once this decision becomes final will it be converted into a prison sentence. 

• This means that Benko’s first conviction since the Signa bankruptcy is now final. 

The second part of the proceedings concerns an advance rent payment of 360,000 euros for a villa in the Hungerburg district of Innsbruck shortly before the Signa bankruptcy. The WKStA also found that the offense of fraudulent bankruptcy had been committed in this case—though Benko had been acquitted in October. Now this case must be retried in Innsbruck. The sentence will also have to be reassessed, as it is based on the amount of damages. Benko continues to be presumed innocent in this matter.  

You can read about all the developments here!

In a second trial at the Innsbruck Regional Court in December 2025, Benko was also sentenced to 15 months of suspended imprisonment for fraudulent bankruptcy. The Supreme Court will also deliberate on the appeals regarding this decision at a later date. In addition, the Public Prosecutor’s Office for Economic Crimes (WKStA) recently filed a third indictment against the Signa founder. Benko has consistently denied all allegations. He has been in pretrial detention since January 2025.

17 Different Lines of Investigation
The WKStA is now investigating 17 different sets of facts in connection with the bankruptcy of the real estate group Signa. However, Benko is by no means the sole defendant in all of these lines of investigation; the allegations also involve other high-ranking Signa executives as well as his wife, Nathalie Benko. She was most recently ordered by a non-final court ruling in Innsbruck to pay two million euros from the bankruptcy estate. Nathalie Benko and the bankruptcy trustee have filed an appeal.