Signa founder René Benko to appear before regional court twice in autumn

Defense points to ownership circumstances

As emerges from the reporting, Benko's lawyer Norbert Wess also referred in the matter concerning the Haselsteiner Privatstiftung to the circumstances prior to the guarantee declaration. Wess added according to the available sources: "Die Forderung gegenüber der Haselsteiner Privatstiftung war – vor Abgabe der Garantieerklärung – bereits überfällig und das besagte Jagdgewehr stand zu keinem Zeitpunkt im Eigentum des Herrn René Benko."

This statement is part of the defense line surrounding the disputed pledged items and claims that were the subject of the first conviction. The Economic and Corruption Prosecutor's Office (WKStA) had dispatched a representative to the proceedings who saw Benko charged with fraudulent bankruptcy (betrügerische Krida).

Signa Holding, the Tyrolean's former real estate empire, was for years one of the largest private real estate and retail companies in Austria. Following the collapse of the group, Benko has since been involved in several criminal and civil proceedings. The corruption prosecutor's office is leading the investigations into the financial interconnections and possible creditor preferences.

Background: Signa and the consequences of the insolvency

In the current complex of proceedings, according to the available sources, the issues include claims against the Haselsteiner Privatstiftung as well as a hunting rifle that, according to the defense, was never owned by Benko. The first-instance verdict in this part is already final.

In the second verdict for fraudulent bankruptcy (betrügerische Krida) with a pronounced sentence of 15 months of conditional imprisonment, the court of first instance at the Innsbruck Regional Court is awaiting the OGH decision on the appeal on points of law (Nichtigkeitsbeschwerde) or appeal (Berufung) filed against it. As soon as the OGH has decided, this verdict will also become final or be annulled.

OGH decision still pending

Meanwhile, around the Signa insolvency, further civil-law auction proceedings over individual assets are underway. These are to be separated from the upcoming criminal proceedings at the Innsbruck Regional Court, but concern the same economic context.

Legal experts point out that the separation between civil-law insolvency administration and criminal prosecution is customary in such complex corporate proceedings. Benko must therefore continue to answer in two capacities: as an accused in the criminal proceedings and as a debtor in the insolvency proceedings.

The upcoming court dates in autumn are considered important milestones for the criminal-law processing of the Signa complex. With the OGH decisions, a large part of the criminal charges against Benko could be concluded with final effect, provided no annulment occurs.

The WKStA has repeatedly emphasized in proceedings around Signa Holding that it consistently pursues creditor preferences and concealed asset transfers. The outcome of the two proceedings at the Innsbruck Regional Court is therefore also considered relevant for the reputation of the entire group.