Pitesti, February 22th, 2016. The Pitesti Court of Appeal rejected on Tuesday President’s Iohannis bid – an exceptional way to challenge a final and irrevocable decision of a Court of Appeal. The bid was used by the President Iohannis at the suggestion of his defender and partner – a former Securitate officer – Gheorghe Musat who is also an ex-con.
As a consequence of the Court’s decision, Mr. Iohannis and his family lost a real estate they got by fraudulent acts, as the Brasov Court of Appeal ruled in a definitive decision. In a definitive decision the Brasov Court of appeal said ‘’The illicit case nascent by the fraud of the law that abolished the certificate of inheritance has also effects on the selling contract. The defendant (Klaus Iohannis) is not defended by good faith taking into consideration the scale of the illicit operation’’.
Here is the Romanian version in an excerpt of the Historical definitive decision motivated by Brasov Appeal Court:
În ceea ce priveşte fondul cauzei, analiza acestuia trebuie să pornească de la cele constatate cu putere de lucru judecat prin decizia civilă nr 33/2005 a Tribunalului Brașov şi anume la împrejurarea că certificatul de moştenitor nr 90/1999 a fost declarat NUL ABSOLUT pe motiv că este fondat pe o cauză ILICITĂ şi s-a emis PRIN FRAUDAREA LEGII. (…) CAUZA ILICITĂ izvorâtă din FRAUDAREA LEGII ce a invalidat certificatul de moștenitor se extinde şi asupra contractului de vânzare-cumpărare subsecvent, terţii, în speţă doar pârâtul KLAUS WERNER JOHANNIS NEFIIND APĂRAT DE PREZUMŢIA DE BUNĂ CREDINŢĂ, faţă de AMPLOAREA OPERAŢIUNII ILICITE rezultată din hotărârile judecătoreşti definitive pronunţate (…) Actul juridic subsecvent, întemeindu-se pe un act juridic INCHEIAT PRIN FRAUDAREA LEGII SI FONDAT PE O CAUZA ILICITA, nu ar putea fi validat prin simpla invocare a bunei credinţe a terţului, mai ales că ACESTA ESTE SOŢUL celeilalte părţi contractante care la rândul său a participat la întocmirea actului nul iniţial
The current decision marks a final loss for the Iohannis family as it adds to other two Courts decisions, in the same case, the latest in November 2015 when the Brasov Court of Appeal decided he has to give back the house he benefited from illegally. In November 2015, at the Presidential Palace, President Iohannis who claims he is an unconditioned support of the rule of law told reporters that he is ‘’not content’’ with the definitive rule of the Judges and after talking to his lawyer (the former Securitate officer) he will attack the decision. His plan provided to be unsuccessful.
The causes for the today rejection have yet to be made public.
In fact, by the decision that was taken today, the Court refuses to reopen the trial, dealing Iohannis another legal loss. As a consequence, President Iohannis looses the second of the the 6 houses that used to be the real estate fortune of the former physics professor who claimed he got the resources for building the real estate portfolio by using the money from being paid by students for working overtime in extra-curricula actives and teaching them better physics. For the moment we cannot validate the claim since we do not have the proof that Mr. Iohannis has declared the money to the Romanian Internal Revenue Service or any proof that he paid any taxes for this kind of informal revenue.
Mr Gheorghe Musat, the defender of the President as the founder of ,,Musat and Asociatii’’ law firm – a champion in ‘’winning’’ bids with the state owned companies or public authorities rarely uses public tenders for getting the contracts. Mr. Musat is also an ex-con and a former Securitate officer. He was in jail before 1989 and was released on parole.
The respected Romanian investigative publication riseproject.ro (who was chosen for investigating Panama Papers) reported how the defenders of the President – the Musat and Asociatii law firm founded and headed by the former officer, used dubious law ticks so the trial could be diverted to a different Court than the one that proved twice that the President does not own legally the house, in an effort to invalidate a definitive decision of the instance.
In a report that proved how the public money were inefficiently spent by the Romanian Authorities that covers 2009-2012, Musat and Asociatii ranks 11th on the list of the private law companies that were ”extra” chosen by the Romanian authorities despite the fact they have significant internal law departments. Sova and Asociatii, a company that is suspected of tax evasion by paying fictive services to the former prime-minister Victor Ponta (who is under trial) ranks 12th.
Musat and Asociatii seems also the darling of the Romanian Financial Supervision Authority (ASF) President – Misu Negritoiu – a former foreign affairs worker before 1989 and a former Manager of a foreign trade company before 1989. About Misu Negritoiu, the Romanian media published several reports as being an active officer before 1989 of DIE – the foreign arm of the former Securitate. DIE was also involved in spying NATO countries. After 1989 Misu Negritoiu was suddenly recalled from the United States as he was recycled as a member of the ‘’democratic forces’’ leaded by Ion Iliescu – the President that took power after the execution of Romania’s former President – Nicolae Ceausescu. Mr. Iliescu is also investigated nowadays for crime against humanity.
After the recycling process, Mr. Negritoiu, in the mid 1990’s became a manager of the newly entered into the Romanian market – ING Bank Romania. The historical relations of Mr. Negritoiu, some of them becoming leading decision takers in the new regime seemed to help ING Bank Romania to become the first bank in the World banking history that turned profitable in its first year of existence. It is true that meanwhile forces related to the former securitate regime drained resources from Bancorex to new entered banks into Romania leading by ”bankers” who seem to have the same pedigree as Mr. Negritoiu. In the same time, according to the Department of Justice of the United States, ‘’starting in the early 1990s and continuing until 2007, ING Bank violated U.S. and New York state laws by moving more than $2 billion illegally through the U.S. financial system – via more than 20,000 transactions – on behalf of Cuban and Iranian entities subject to U.S. economic sanctions. ING Bank knowingly and willfully engaged in this criminal conduct, which caused unaffiliated U.S. financial institutions to process transactions that otherwise should have been rejected, blocked or stopped for investigation under regulations by OFAC relating to transactions involving sanctioned countries and parties…. ING Bank eliminated payment data that would have revealed the involvement of sanctioned countries and entities, including Cuba and Iran; advised sanctioned clients on how to conceal their involvement in U.S. dollar transactions; fabricated ING Bank endorsement stamps for two Cuban banks to fraudulently process U.S. dollar travelers’ checks; and threatened to punish certain employees if they failed to take specified steps to remove references to sanctioned entities in payment messages.”
ING Bank N.V. Agrees to Forfeit $619 Million for Illegal Transactions with Cuban and Iranian Entities
According to court documents, ”this conduct occurred in various business units in ING Bank’s wholesale banking division and in locations around the world with the knowledge, approval and encouragement of senior corporate managers and legal and compliance departments. Over the years, several ING Bank employees raised concerns to management about the bank’s sanctions violations. However, no action was taken.’’
According to the US Department of Justice “Banks that try to skirt U.S. sanctions laws undermine the integrity of our financial system and threaten our national security,” said U.S. Attorney Machen. “When banks place their loyalty to sanctioned clients above their obligation to follow the law, we will hold them accountable. On more than 20,000 occasions, ING intentionally manipulated financial and trade transactions to remove references to Iran, Cuba and other sanctioned countries and entities. Today’s $619 million forfeiture – the largest ever – holds ING accountable for its wrongdoing.”
After the holding of the ING accountable for its wrongdoing, Mr. Negritoiu was released from the executive position he held in ING Bank Romania. He was recycled once more as the head of the Romanian Supervision Authority where he still hangs with the complicity of a new Parliament that refuses to rule the decision of the former Parliament to revoke him for harming the insurance market he is supervising. He was also the President of the ASF when Musat and Asociatii, defending ASF, managed to convince judges in Bucharest to rule against Franklin Templeton in a trial that the US based company was involved with the ASF.
In another case, acting also on behalf of the ASF, the former Securitate’s officer law company managed to convince judges in Bucharest in favour of the ASF in another trial, so the judges in appeal turned upside down a decision of Tribunalul Bucuresti who ruled against ASF in the same case. According to our investigations, in this case, two judges of the Court that reversed the decision were unsuccessful in hiding their close relations, by first grade relatives, with the Romanian Internal Intelligence Office (SRI) and another former Securitate Officer who is also under trial for crime agains humanity. Any form of cooperation of the judges with SRI/SIE/STS is prohibited by law in Romania as the justice system is supposed to be independent.
And today it proved to be so. It seems like the ex-con officer Musat and President Iohannis didn’t have the same luck today at the Pitesti Court of Appeal as at the Bucharest Court of Appeal. Being judged by judges not related to the former Securitate, they lost.
As a consequence, here is my conclusion: today, Mr. Iohannis, being defended by a former Securitate officer, lost the house he got by fraud.
Arguably, the Newton’s third law is: ’’in order to move forward you have to leave something behind’’. In our opinion the historical Pitesti Court of Appeal Decision today proves Romania is able to leave the former Securitate behind in order to move forward. I bet that President Iohannis, as a physics professor, never taught this law to the students he claims to be at the base of his real estate fortune. And, in the highly improbable case of teaching them the law, he never suspected that after 20 years, he and Officer Musat will be the subjects of the Newton’s third law.
P.S. La Ploiesti, poti sa te Pitesti, dar la Pitesti nu poti sa te Ploiesti. Am zis.
Sursa foto: flux24.ro
Familia Iohannis pierde casa. Va returna chiriile încasate între timp? Și dacă nu are cash, prin poprirea salariului de Președinte?