Bernie Ecclestone indicted

[bjohnsonsmith]

Bernie Ecclestone has been indicted. This is all there is so far but there will be more to come.

http://www.bbc.co.uk/news/world-europe-23344423

[bella]

for those of us who don't get legal terms, what does that actually *mean*?

[bjohnsonsmith]

Originally Posted by bella

for those of us who don't get legal terms, what does that actually *mean*?

It means he's been formally accused of committing a crime.

[wnut]

Originally Posted by bella

for those of us who don't get legal terms, what does that actually *mean*?

Indictment

A written accusation charging that an individual named therein has committed an act or omitted to do something that is punishable by law.
An indictment is found and presented by a Grand Jury legally convened and sworn. It originates with a prosecutor and is issued by the grand jury against an individual who is charged with a crime. Before such individual may be convicted, the charge must be proved at trial Beyond a Reasonable Doubt.
The purpose of an indictment is to inform an accused individual of the charge against him or her so that the person will be able to prepare a defense.

or

The legal system believes that you have a case to answer, and you will be doing it in front of a court!

[bella]

so it's basically like being arrested and charged but without the handcuffs and speech about the right to remain silent?

thanks

[fieldodreams79]

if it looks like duck, walks like a duck, and quacks like a duck....

[Kempi]

No, it's more than that. The arrest is often at the beginning of or during investigations and carried out by the police. The indictement comes at the end of the investigations if and when the public prosecutor after reviewing all evidence discovered during investigations decides that he thinks he has a case - meaning the trial will most likely lead to finding the defendant guilty. Please note that the final - and only relevant - judgement will be issued by the court.

In Germany we have a intermediary step before the trial is actually held during which the court decides whether it will admit the indictement. I have not found any information whether this has already been decided or not. If not, there might still be some legal juggling between the public prosecutor and Ecclestone's attorney(s) before the trial will actually start - if at all. A deal could also be struck.

Also, German courts do not have juries. It's sitting judges only, with the help of layman judges depending on the severity of the case.

Much more interesting are the implications under compliance for the formula 1 holding. Usually at this point executives at least take a sabbatical from their positions.

***edit***
I just read in the Frankfurter Allgemeine - one of the major and most reliable newspapers in Germany - that the indictment has only been served and not admitted yet. So the lawyers will get their first shot now.

[Rudernst]

Originally Posted by Kempi

No, it's more than that. The arrest is often at the beginning of or during investigations and carried out by the police. The indictement comes at the end of the investigations if and when the public prosecutor after reviewing all evidence discovered during investigations decides that he thinks he has a case - meaning the trial will most likely lead to finding the defendant guilty. Please note that the final - and only relevant - judgement will be issued by the court.

In Germany we have a intermediary step before the trial is actually held during which the court decides whether it will admit the indictement. I have not found any information whether this has already been decided or not. If not, there might still be some legal juggling between the public prosecutor and Ecclestone's attorney(s) before the trial will actually start - if at all. A deal could also be struck.

Also, German courts do not have juries. It's sitting judges only, with the help of layman judges depending on the severity of the case.

Much more interesting are the implications under compliance for the formula 1 holding. Usually at this point executives at least take a sabbatical from their positions.

The above is a very good summary.
Today Ecclestone has been charged with a crime.
Yes, the the court now has to decide if it opens the case.
This decision can take several months depending on the workload of the court.
the fact that the prosecutions has gone ahaed means that there will be no negotiations with Ecclestone about a plea bargain.
This would have happened before.

I have been expecting this for a while.
I also expect that the court will admit the charges and hold a trial.
just my opinion....

several here in the Forum got it wrong before, the fact that the prosecutors took so long was a good indication that they were building a case.

also, with the charges now made, all Kind of superannuation stops
Handy that...

Rudolf

[wnut]

Originally Posted by bella

so it's basically like being arrested and charged but without the handcuffs and speech about the right to remain silent?

thanks

Essentially yes.
You may have the charges dropped if you can respond showing the action is baseless.

[Bononi]

Now... would this really go on ? How much money will flow through the "right" channels and how long this will take ? Like we say around here, "Will this end up in pizza?"

[JeremySmith]

Mr Ecclestone won't to be going to jail anytime soon... If ever !

[Casper]

Originally Posted by JeremySmith

Mr Ecclestone won't to be going to jail anytime soon... I ever !

Are you on his legal team and know all there is to know?

[terence]

Nothing new there then!

[JeremySmith]

Originally Posted by Casper

Are you on his legal team and know all there is to know?

You were saying ?

[garcon]

Thanks Kempi and Rudernst - understanding what the action actually means in Germany's judicial system is probably more relevant to most of us, even if we did know the dictionary definition of 'indictment'.

[bjohnsonsmith]

Originally Posted by Kempi

No, it's more than that. The arrest is often at the beginning of or during investigations and carried out by the police. The indictement comes at the end of the investigations if and when the public prosecutor after reviewing all evidence discovered during investigations decides that he thinks he has a case - meaning the trial will most likely lead to finding the defendant guilty. Please note that the final - and only relevant - judgement will be issued by the court.

In Germany we have a intermediary step before the trial is actually held during which the court decides whether it will admit the indictement. I have not found any information whether this has already been decided or not. If not, there might still be some legal juggling between the public prosecutor and Ecclestone's attorney(s) before the trial will actually start - if at all. A deal could also be struck.

Also, German courts do not have juries. It's sitting judges only, with the help of layman judges depending on the severity of the case.

Much more interesting are the implications under compliance for the formula 1 holding. Usually at this point executives at least take a sabbatical from their positions.

***edit***
I just read in the Frankfurter Allgemeine - one of the major and most reliable newspapers in Germany - that the indictment has only been served and not admitted yet. So the lawyers will get their first shot now.

Thanks for that explanation. It puts it in context with the German legal system.

[Bononi]

I guess he must be very worried

[bjohnsonsmith]

I find this, from the BBC article very interesting.

'In his testimony, Mr Ecclestone said he had been worried that if he had not paid the money, Gribkowsky would have alerted the UK tax authorities to "things" that might have led to a tax inquiry.

He believed Gribkowsky intended to tell the UK tax authorities that Mr Ecclestone was secretly in charge of the Bambino Trust, which is in his ex-wife's name.

Mr Ecclestone said at the time that the claim was false, but that proving it "would have been very expensive for me. The tax risk would have exceeded £2bn. I paid him to keep calm and not to do silly things," he said.'

[garcon]

HMRC will need the all clear from their political masters before deciding whether to take an interest.

Allegedly.

[canamman]

Sounds like whatever Bernie was trying to avoid will now happen.

[Adam43]

Kempi and Rudernst that's interesting information about the judicial process in Germany. Thank you.

Bernie has said before that he has never done anything wrong concerning UK tax, but he knows how expensive it is to be investigated for it so it was worth paying to stop someone string an investigation.

[FastDB2s]

Originally Posted by garcon

HMRC will need the all clear from their political masters before deciding whether to take an interest.

Allegedly.

That means they wont as Bernie has many high up friends, however if you or I bribed someone ....

[bjohnsonsmith]

Originally Posted by garcon

HMRC will need the all clear from their political masters before deciding whether to take an interest.

Allegedly.

Is Bernie a Tory party donor? If not, then I'm sure the HMRC will be told to go after him, all in the name of 'transparency'.

[wolfhound]

Originally Posted by bjohnsonsmith

Is Bernie a Tory party donor? If not, then I'm sure the HMRC will be told to go after him, all in the name of 'transparency'.

I seem to remember him creating hot water for labour with donations a few years ago.

[Knowlesy]

Originally Posted by JeremySmith

Mr Ecclestone won't to be going to jail anytime soon... If ever !

As dangerous an assertion as I have ever seen.

Bernie may well not go to jail. However, it is looking increasingly likely that he may well be up against it.