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Bernie Ecclestone Court Case: German Legal Experts Evaluate Possible Sentences
Published: February 9, 2014
To determine whether such a sentence would actually be likely, and to help explain the charges and the complexities of the case to those of us unfamiliar with the German legal system, I engaged two experts in the field.
Dr. Bernd Heinrich, a professor of criminal law at the Humboldt University of Berlin and Dr. Frank Saliger, who holds the Chair of Criminal Law at the Bucerius Law School in Hamburg, both answered questions via email.
First, a recap and explanation of the charges Ecclestone is facing. The bribery charge relates to a £27 million payment to German banker Gerhard Gribkowsky, allegedly to influence his bank to sell its F1 shares to current shareholder CVC Capital Partners.
The charge of incitement to breach of trust or, as Dr. Saliger points out, "abetment to embezzlement and abuse of trust," according to the official translation of the German Criminal Code, means Gribkowsky's bank, "allegedly paid a commission...to Ecclestone to cover the [alleged] bribery sum paid to Gribkowsky...and that Ecclestone persuaded them to do so."
This, Dr. Saliger goes on, "constitutes the breach of the CFO’s duty to protect the company’s property who thus commits the offence of embezzlement and abuse of trust which Ecclestone allegedly abetted."
Both professors stressed that they are not privy to any inside information of this case, and they are speaking based on their general knowledge of the charges and procedures in Germany.
When asked what kind of sentence Ecclestone could reasonably expect should he be convicted, Dr. Heinrich noted that, "The maximum sentence will probably not be handed out...
Article Source: Bleacher Report - Formula 1
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