GPWizard F1 Forum
F1 News & Discussions => General F1 Discussion => Topic started by: Scott on July 29, 2014, 07:30:30 PM
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Not sure how that really works, but according to the attached article, in Germany, a prosecutor can stop a court action if the defendant wants to settle the case in a way that all parties are satisfied. So Bernie's lawyers called for the case to be halted because there is not enough evidence to prosecute him, but he is willing to pay $25m to some bank to settle the case? :confused: :confused: I'm very confused. There are actually laws against bribery, yet they have this rule in their courts? :confused: :confused:
http://www.bbc.com/news/world-europe-28547377
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sounds like a legal bribe to me
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Nope. Sounds OK to me. Power corrupts, absolute power corrupts absolutely, Bernie's money absolutely buys the corrupt!
Mind you, I would say I like him for £25million.
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Seems like a way to get around everyone wasting time.
If he's not going to be convicted, why continue fighting?
If he's not going to be convicted, how much should he continue spending in terms of money AND time defending himself?
On one hand, it seems wrong that there's a way for the rich to wheedle themselves out of trouble. On the other hand, it seems effecient (that most German of stereotypes) to find a way to get a pound of flesh from someone who is probably going to get away with something because of an expensive legal team.
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Poses an interesting question, If the other guy was guilty of accepting a bribe from Bernie, how can Bernie not be guilty of paying it? Ah, the intricacies of the legal system!!
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Poses an interesting question, If the other guy was guilty of accepting a bribe from Bernie, how can Bernie not be guilty of paying it? Ah, the intricacies of the legal system!!
Quite easily in fact. A key part of a crime is 'intent'. If Bernie merely believed he was paying a crony for a favour, it's not really bribery. However if said crony knows full well taking the money is a bribe, then he has taken a bribe.
(I speak hypothetically, of course)
Of course Bernie would still be guilty of a 'lesser' crime (ignorance is not a defence after all), but I'm not familiar with German law, and if he's charged of the 'greater' crime if there's an option to find him guilty of something 'lesser'.
Indeed if the only evidence of the bribe is that someone said he took a bribe, that doesn't really prove Bernie's intent at all. I personally believe Bernie knew what he was doing (how can anyone believe he didn't?), but I also believe in his knowing what he was doing, he ensured there was enough 'shadow of doubt' to make sure he wasn't convicted of any serious crimes.
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Jeri youshould be a lawyer......the way youcan turn words around
you could almost make me believe O.J. was innocent...................................................almost.
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Just another example of The Golden Rule: If you've got the gold, you make the rules.
Sounds like just another plea bargain to me.
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Apparently it's now up to $100m, but things should be wrapping up next week. Bernie free, Bernie with job, a bunch of lawyers sending big invoices around...life goes on as expected.
http://www.gptoday.com/full_story/view/496586/Ecclestone_to_keep_F1_job_after_100m_court_deal/
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Apparently it's now up to $100m, but things should be wrapping up next week. Bernie free, Bernie with job, a bunch of lawyers sending big invoices around...life goes on as expected.
http://www.gptoday.com/full_story/view/496586/Ecclestone_to_keep_F1_job_after_100m_court_deal/
So I'm to understand that in order to not be convicted of paying money to a German banking official, Bernie has to pay a fine to a German bank?
Is it just me, or does it sound like they're just a bunch of thugs shaking Bernie down?
Now, if you'll permit me a stereotypical German accented joke:
"Zat eez a nice trust fund you haf. Eet vould be a shame if zumthing vould happen to it, ja?"
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It looks like a done deal. A German court has agreed to end the trial in exchange for a $100m (£60m) payment from Bernie.
http://www.bbc.com/news/world-europe-28656050
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So Bernie pays a bribe to the court, who accept the bribe and let him go free.
Perfectly reasonable.
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So Bernie pays a bribe to the court, who accept the bribe and let him go free.
Perfectly reasonable.
:DD :DD :DD
Well it's certainly easier than collecting tax off billionaires, perhaps more countries ought to use it more often. :D
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So Bernie pays a bribe to the court, who accept the bribe and let him go free.
Perfectly reasonable.
All the while being on trial for bribery...oh Bernie, the irony is killing us.
I was talking to my wife about the loophole in German law that allows for a defendant to offer a settlement in a case that the prosecution admits may not lead to a conviction. Why on earth would he need to offer up $100m if the case was weak? If it was weak, he could have offered a heckuva lot less, no?
We need Ali to explain this one to us. Where are you Ali?
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So Bernie pays a bribe to the court, who accept the bribe and let him go free.
Perfectly reasonable.
All the while being on trial for bribery...oh Bernie, the irony is killing us.
I was talking to my wife about the loophole in German law that allows for a defendant to offer a settlement in a case that the prosecution admits may not lead to a conviction. Why on earth would he need to offer up $100m if the case was weak? If it was weak, he could have offered a heckuva lot less, no?
We need Ali to explain this one to us. Where are you Ali?
My guesses:
Legal costs. Surely Bernie's legal team costs a lot of money. Perhaps not $100M, but fighting on is going to cost money
Time. i know some cases drag on forever through procedural events. Innocent or guilty, that's a lot of time, and surely Bernie considers his time to be precious. If you can afford $100M to buy a few stress free months, that seems like good value.
End to further investigation. Maybe there IS more to the story that hasn't been uncovered, and Bernie is paying to make sure it stays that way.
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My point is simply that I find it unnecessary for Bernie to spend anywhere close to $100m unless he was about to be convicted.
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I found this explanation of the German law in question:
Germany's criminal code says prosecutors and courts can agree to close proceedings in exchange for a payment, community service, reparations or other conditions "if the degree of guilt does not present an obstacle."
The possibility is available for any offense carrying a minimum sentence of less than a year in prison -- such as the charges Ecclestone faced, bribery and incitement to breach of trust.
It's generally used in cases where both sides are struggling to prove their case. The court delivers no formal verdict, but the defendant isn't convicted and effectively wins a legal stamp of innocence.
http://autoweek.com/article/formula-one/how-ecclestones-german-trial-closure-was-possible