SonntagsBlick: Do you still see chances for the public prosecutor’s office to convince the court of the allegation of fraud? Here the hurdles are high.
Monica Roth: Personally, I consider a conviction for unfaithful business management to be more likely. Here the abstract threat of punishment is much deeper than in the case of commercial fraud. However, I do not know the files and cannot legally comment conclusively on them. The court will certainly do that.
For Pierin Vincenz’ defense attorney Lorenz Erni, for example, his concealment of the Commtrain stake is a “negligent breach of duty”. So no dishonest business dealings.
Rather, this argument will turn out to be a useless protective claim.
Erni also denies that his client has an early interest in the companies Eurokaution and Investnet. Did the prosecutor’s office gamble too high?
No. Based on the situation in the files and the circumstantial evidence, a “court truth” will emerge. In doing so, the court will be able to assume, in accordance with the case law of the Federal Supreme Court, that if there is absolutely no other explanation, the court can also consider something to have been created in the narrowest sense even without strict proof. For example, on the question of conflicts of interest: To claim here that one did not realize them is nice, but completely implausible.
Regarding expenses, Erni confirms Vincenz’ statements that they were in the business interest.
These expenses could never have been in Raiffeisen’s interest. I consider this line of argument by the accused to be grotesque and proof that Pierin Vincenz lacks sense. Visits to cabaret represent a reputational risk for the bank, are corrupting and open to all kinds of blackmail. I don’t know of any bank that wanted that. This has nothing to do with nitpicking. I don’t want to comment on the private travel story at all. That is actually unnecessary.
Could the statute of limitations ultimately be the primary goal of the defense?
Quite possible. That’s what I would strive for as a defender, if at all possible.