Supreme Court Reviews Benko Conviction for Fraudulent Bankruptcy

In December 2024, he was sentenced in a second trial at the Regional Court of Innsbruck — likewise for fraudulent bankruptcy — to 15 months' imprisonment suspended on probation. These two verdicts now form the basis of the proceedings with which the OGH will deal on Thursday.

Two Verdicts, Two Appeals

Benko's defense lawyer Norbert Wess is contesting his client's conviction. The Economic Crimes and Corruption Prosecutor's Office (WKStA), in turn, is appealing against the acquittal on the second charge, which concerned a rent prepayment of 360,000 euros for a villa in the Innsbruck district of Hungerburg shortly before the Signa wave of insolvencies.

The WKStA is meanwhile investigating 17 separate sets of facts in connection with the collapse of the Signa property group. The Signa founder thus not only faces the OGH but also remains the target of ongoing criminal investigations that go beyond the two cases already dealt with.

Broader WKStA Investigations

With the OGH's decision, the high court will have the opportunity either to confirm the first-instance verdicts, to annul them, or to remand the matter for a new trial. This will set the legal framework for the further steps in the criminal proceedings against Benko.

What the OGH Decision Can Effect

Beyond the case itself, the hearing day is regarded as a litmus test of how the high court will assess the complex sets of facts surrounding the collapse of the Signa group. Observers expect that the decision could also have a signaling effect for the as-yet open strands of investigation.

No public statement by the defense or the WKStA immediately after the decision had been announced as of the latest. The hearing in the Great Hall is the OGH's first substantive engagement with the entire complex of fraudulent bankruptcy surrounding René Benko.