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| Mollath's supposed medical condition was in turn used as an argument as to why his allegations against the HVB should not be taken seriously. | Mollath's supposed medical condition was in turn used as an argument as to why his allegations against the HVB should not be taken seriously. | ||
| ==The Audit== | |||
| The HypoVereinsbank audited in a report under disclosure on March 19th, 2003 mentioned about Mollath "all verifiable statements have been found as true" ''("alle nachprüfbaren Behauptungen haben sich zuterffend herausgestellt")''. Also three German laws with no obligation for lawsuit have been violated. Two employees were released, Mollath's former wife on February 25th, 2003.<ref></ref> | |||
| ==The Bavarian Justice== | |||
| The Hypovereinsbank's audit report was ordered by the Bavarian prosecution department in 2011. All suable acts had exceed the period of limitation. Bavarian Minister of Justice Beate Merk claims in interviews, one made by TV Magazine "Report Mainz" (that also published the audit report), the black money transfer charges and the private charges filed by his former are separate cases and as a dangerous person he is locked in forensic hospitals. On November 27th, 2012 Bavarian Prime Minister ] said public, the Justice Department would have good advice to give the case a precisely review. ''(Die Justiz sei "gut beraten, den Fall noch einmal neu zu bewerten")''.<ref></ref> | |||
| ==Case under review== | ==Case under review== | ||
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| ==Turn in news reporting== | ==Turn in news reporting== | ||
| Around December 13 two major newsmedia | Around December 13 two major newsmedia | ||
| '']''<ref>(German, |
'']''<ref>(German, „An Insane becomes a Hero“ ) 14.12.2012</ref> | ||
| and | and | ||
| ''Der Spiegel''<ref> (German, „Why the miscarriage of justice isn't one“ ) 13.12.2012</ref> | ''Der Spiegel''<ref> (German, „Why the miscarriage of justice isn't one“ ) 13.12.2012</ref> | ||
Revision as of 11:07, 14 January 2013
Gustl Mollath (born 7 November 1956) is a German whistleblower from Nuremberg who reported about 'black money' (i.e. untaxed, laundered etc. money) transfers from Germany to Switzerland, and was then admitted to a mental institution as criminally insane in a possible miscarriage of justice scandal.
Whistleblower
Anxious about his then-wife's business practice which he considered illegal, Mollath informed her employer, the HypoVereinsbank (HVB) first and later the public prosecution authorities. Despite a high level of detail including names and bank accounts, his allegations were initially dismissed by the public prosecution authorities as "too inaccurate" and "too generic", and as paranoid rants. In 2004, tax authorities did not pursue the matter after a judge informed them of his opinion that Mollath was mentally ill.
Judged criminally insane
Mollath found himself tried for various criminal charges including criminal assault leveled against him by his ex-wife, a HVB employee who was deeply involved in the illegal transactions. In 2006 he was judged not guilty by reason of insanity, and as dangerous to the public; he was subsequently admitted to a hospital for the criminally insane. Mollath had refused to cooperate with the court's psychiatrist, who had taken Mollath's accusations against his wife and the HVB as evidence of a paranoid psychosis.
Mollath's supposed medical condition was in turn used as an argument as to why his allegations against the HVB should not be taken seriously.
The Audit
The HypoVereinsbank audited in a report under disclosure on March 19th, 2003 mentioned about Mollath "all verifiable statements have been found as true" ("alle nachprüfbaren Behauptungen haben sich zuterffend herausgestellt"). Also three German laws with no obligation for lawsuit have been violated. Two employees were released, Mollath's former wife on February 25th, 2003.
The Bavarian Justice
The Hypovereinsbank's audit report was ordered by the Bavarian prosecution department in 2011. All suable acts had exceed the period of limitation. Bavarian Minister of Justice Beate Merk claims in interviews, one made by TV Magazine "Report Mainz" (that also published the audit report), the black money transfer charges and the private charges filed by his former are separate cases and as a dangerous person he is locked in forensic hospitals. On November 27th, 2012 Bavarian Prime Minister Horst Seehofer said public, the Justice Department would have good advice to give the case a precisely review. (Die Justiz sei "gut beraten, den Fall noch einmal neu zu bewerten").
Case under review
As of 30 November 2012, Mollath's case is under review as a possible miscarriage of justice scandal following wide media coverage on the case, including Süddeutsche Zeitung, SPIEGEL, WELT, and taz (die tageszeitung), after his whistleblowing statements were belatedly found to be accurate.
It has since been revealed by the Süddeutsche Zeitung that the HVB had launched an internal audit after Mollath informed them long before he informed the prosecution authorities; the audit was completed in 2003 but no criminal charges were filed by HVB because the results were, according to a later explanation, "too vague", which in turn is considered a "grotesque downplay" by the Süddeutsche Zeitung.
There is also an affidavit to the effect that Mollath's ex-wife had previously announced to others that she would "destroy" him if he blew the whistle on her or the HVB, including the threat of charges and challenging his mental sanity. She allegedly also said he would get to keep 500,000 € if he remained silent.
On November 27, the Nuremberg prosecutions department announced it would be reviewing Mollath's committal. The review will also examine the appropriateness of the duration that he has been hospitalized for. Mollath has been hospitalized in mental institution since 2006.
In mid December, wellknown German lawyer Gerhard Strate took over a mandate, stating his confidence to reach a Trial de novo in the case.
Turn in news reporting
Around December 13 two major newsmedia Die Zeit and Der Spiegel came up with articles shifting the point of view in the case by rising disbeliefs to the view that Mollath is a likely case of miscarriage of justice.
Psychologist and Judge were sued
January 4th, 2013, Mollath's attorney Strate sued the Judge who ordered Mollath to lock in forensic hospital for six weeks and the Psychologist who performed the interning, as enforcing Mollaths evidence by statements and illegal deprivation of liberty as violating the constitution.
References
- Schwarzgeldgeschäfte-Whistleblower in die Psychiatrie abgeschoben?, heise.de
- Nov 30th, 2012 - Ein Anruf bei Finanzbehörden stoppte brisanten Vorgang, online on nordbayern.de
- Hypovereinsbank (German) Hypovereinsbank: Audit Report No. 20546
- (German) Newspaper Die Zeit, full article
- Gustl und das Schwarzgeld, Süddeutsche Zeitung
- SPIEGEL: Gustl Mollath und die HypoVereinsbank: Weggeräumt und stillgestellt. November 21st, 2012, article by Conny Neumann
- sueddeutsche.de.5167(German) 20 Dec 2012 .
- „Ein Kranker wird Held“ (German, „An Insane becomes a Hero“ ) 14.12.2012
- spiegel.de..872632 (German, „Why the miscarriage of justice isn't one“ ) 13.12.2012
- (German) Gerhard Strate: Strafanzeige - Straftaten zum Nachteil des Herrn Gustl Mollath vom 4. Januar 2013
External links
- www.gustl-for-help.de (German), web presence of Gustl Mollath and a support organisation dedicated to helping him regain his freedom and prove his allegations
- "German man locked up over HVB bank allegations may have been telling truth", The Guardian, 28 November 2012