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Swisster: Geneva cantonal bank case moves 'back to zero'


Swisster: 

Geneva cantonal bank case moves ‘back to zero’
by Malcolm Curtis
November 5, 2010 | 10:49
After years of delays, a criminal court case into fraud and abuse of trust charges against former directors and auditors of the Cantonal Bank of Geneva is disrupted after the presiding judge is disqualified. The development, coming just four weeks after proceedings get under way into the affair linked to 2.4 billion francs in losses from the 1990s, is condemned by observers who wonder whether justice will ever be properly rendered.

After years of preparation, the criminal court case against former directors of the Cantonal Bank of Geneva (BCGE), implicated in past massive losses at the financial institution, is teetering on the edge of collapse.


The case was interrupted this week when Jacques Delieutraz, the presiding correctional court judge,  was removed from the proceedings by a justice court, following objections made by defence lawyers dating back to last May over the jury selection process.


Three former directors of BCGE, including former chairman Dominique Ducret, and two employees of accounting company Ernst & Young, which audited the bank, stand accused of fraud and abuse of trust between 1996 and 1998.


The state-owned bank suffered a loss of 2.4 billion francs at the expense of taxpayers as a result of the alleged wrongdoing.


In a demand filed in February 2002, the Geneva cantonal government filed for damages - with interest - from the federal banking commission (now FINMA, the Swiss Financial Market Supervisory Authority), which it accused of negligence in not properly supervising the bank.


The BCGE had to be recapitalized by the government to stave off bankruptcy.


So the case against the five people implicated has been highly anticipated.


Now, justice officials are scrambling to find a new judge to get the case back on the rails.


The cantonal cabinet issued a statement this week deploring the interruption of the case.


Since 2000, the investigating magistrate in the affair has held 280 hearings, heard from 118 witnesses, and amassed 1,500 files of evidence, the government noted.


After numerous procedural delays and appeals heard by cantonal and federal authorities, the case finally got under way on October 4 and was to have finished on November 26 with a judgment.


The cantonal cabinet has urged judicial authorities to find a new judge to get the case back on track.


Geneva media have responded critically to the latest developments.


“The BCGE case touches bottom,” the Tribune de Genève newspaper summarized in a headline.


“Four weeks for nothing, and a total of hundreds of thousands of francs, or even more,which will be added to the cost of this debacle,” wrote Pierre Ruetschi, the newspaper’s editor-in-chief, in a scathing editorial about the case.


“It’s total chaos.”


Le Courrier newspaper said the state as a whole stands to be discredited by the case.


Geneva’s cantonal bank was one of several in Switzerland that suffered significant losses stemming from real estate problems in the 1990s.


A bubble developed in property prices followed by a collapse when interest rates rose, leaving many financial institutions with bad loans given the lack of lending requirements at the time.


Those requirements have since been tightened, although the Swiss National Bank has repeatedly raised concerns this year about some Swiss banks not using enough caution in real estate.

The text you are quoting:


Swisster: 

Geneva cantonal bank case moves ‘back to zero’
by Malcolm Curtis
November 5, 2010 | 10:49
After years of delays, a criminal court case into fraud and abuse of trust charges against former directors and auditors of the Cantonal Bank of Geneva is disrupted after the presiding judge is disqualified. The development, coming just four weeks after proceedings get under way into the affair linked to 2.4 billion francs in losses from the 1990s, is condemned by observers who wonder whether justice will ever be properly rendered.

After years of preparation, the criminal court case against former directors of the Cantonal Bank of Geneva (BCGE), implicated in past massive losses at the financial institution, is teetering on the edge of collapse.


The case was interrupted this week when Jacques Delieutraz, the presiding correctional court judge,  was removed from the proceedings by a justice court, following objections made by defence lawyers dating back to last May over the jury selection process.


Three former directors of BCGE, including former chairman Dominique Ducret, and two employees of accounting company Ernst & Young, which audited the bank, stand accused of fraud and abuse of trust between 1996 and 1998.


The state-owned bank suffered a loss of 2.4 billion francs at the expense of taxpayers as a result of the alleged wrongdoing.


In a demand filed in February 2002, the Geneva cantonal government filed for damages - with interest - from the federal banking commission (now FINMA, the Swiss Financial Market Supervisory Authority), which it accused of negligence in not properly supervising the bank.


The BCGE had to be recapitalized by the government to stave off bankruptcy.


So the case against the five people implicated has been highly anticipated.


Now, justice officials are scrambling to find a new judge to get the case back on the rails.


The cantonal cabinet issued a statement this week deploring the interruption of the case.


Since 2000, the investigating magistrate in the affair has held 280 hearings, heard from 118 witnesses, and amassed 1,500 files of evidence, the government noted.


After numerous procedural delays and appeals heard by cantonal and federal authorities, the case finally got under way on October 4 and was to have finished on November 26 with a judgment.


The cantonal cabinet has urged judicial authorities to find a new judge to get the case back on track.


Geneva media have responded critically to the latest developments.


“The BCGE case touches bottom,” the Tribune de Genève newspaper summarized in a headline.


“Four weeks for nothing, and a total of hundreds of thousands of francs, or even more,which will be added to the cost of this debacle,” wrote Pierre Ruetschi, the newspaper’s editor-in-chief, in a scathing editorial about the case.


“It’s total chaos.”


Le Courrier newspaper said the state as a whole stands to be discredited by the case.


Geneva’s cantonal bank was one of several in Switzerland that suffered significant losses stemming from real estate problems in the 1990s.


A bubble developed in property prices followed by a collapse when interest rates rose, leaving many financial institutions with bad loans given the lack of lending requirements at the time.


Those requirements have since been tightened, although the Swiss National Bank has repeatedly raised concerns this year about some Swiss banks not using enough caution in real estate.


TranslatorNov 6, 2010 @ 01:44
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Re: Swisster: Geneva cantonal bank case moves 'back to zero'
Post 1

And from World Radio Switzerland News


Friday, 5 November, 2010, 08:14
Banker trial postponed in Ticino

The private banker Oskar Holenweger will not go on trial next week in Bellinzona in canton Ticino.


The man is accused of fraud and complicity in aggravated mismanagement.


His alleged crimes involve depositing money belonging to the French industrial group Alstom into undeclared accounts. 


The Federal Criminal Court says sufficient proof is still missing for an uninterrupted trial to take place.



 


 

The text you are quoting:

And from World Radio Switzerland News


Friday, 5 November, 2010, 08:14
Banker trial postponed in Ticino

The private banker Oskar Holenweger will not go on trial next week in Bellinzona in canton Ticino.


The man is accused of fraud and complicity in aggravated mismanagement.


His alleged crimes involve depositing money belonging to the French industrial group Alstom into undeclared accounts. 


The Federal Criminal Court says sufficient proof is still missing for an uninterrupted trial to take place.



 


 


Translator, Nov 6, 2010 @ 01:53
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Re: Swisster: Geneva cantonal bank case moves 'back to zero'
Post 2

T,


I worry about your crusade versus bankers.....


In every barrel of life there are bad apples, and good ones. Not every banker is a crook, and not every trader is a thief.


Ch.

The text you are quoting:

T,


I worry about your crusade versus bankers.....


In every barrel of life there are bad apples, and good ones. Not every banker is a crook, and not every trader is a thief.


Ch.


Charlie, Nov 6, 2010 @ 09:04
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Re: Swisster: Geneva cantonal bank case moves 'back to zero'
Post 3

T,

I worry about your crusade versus bankers.....

In every barrel of life there are bad apples, and good ones. Not every banker is a crook, and not every trader is a thief.

Ch.


Nov 6, 10 09:04

Charlie,


Some of my best friends  are  in  banking....Tongue out


There are many honorable people in  the profession, yourself and others  on  this site as well, I have no doubt.


My concern is more with failure of governments to prosecute those bad apples whose actions put people out of work and cost taxpayers billions.


 

The text you are quoting:

Charlie,


Some of my best friends  are  in  banking....Tongue out


There are many honorable people in  the profession, yourself and others  on  this site as well, I have no doubt.


My concern is more with failure of governments to prosecute those bad apples whose actions put people out of work and cost taxpayers billions.


 


Translator, Nov 6, 2010 @ 09:31
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