The Austrian Economic and Corruption Prosecutor’s Office (WKStA) has filed an indictment against investor René Benko at the Innsbruck Regional Court. Authorities allege Benko defrauded the Hans Peter Haselsteiner family private foundation of approximately five million euros through a false guarantee and concealed an 80,000-euro hunting rifle from creditors during insolvency proceedings. The case, which carries a potential sentence of one to ten years in prison, follows a formal review by the Vienna Higher Regional Prosecutor’s Office and the Ministry of Justice.
The current indictment marks the conclusion of the WKStA’s investigation into the “fraud via false guarantee” case file, though investigations into other allegations against the investor remain active.
What are the primary fraud allegations?
According to the WKStA, Benko allegedly misled representatives of the Haselsteiner foundation using a false guarantee declaration. This document reportedly induced the foundation to transfer 3.3 million euros to Signa Holding GmbH and prevented them from reclaiming an additional 1.7 million euros. Prosecutors state that while Benko promised repayment of the five-million-euro total by June 30, 2024, the funds were never returned. The indictment alleges this resulted in the financial depletion of the foundation while Signa Holding and an associated entity were unlawfully enriched.
What is the status of the insolvency proceedings?
Beyond the foundation dispute, the WKStA accuses Benko of fraudulent bankruptcy, or “betrügerische Krida,” in relation to his personal insolvency and the collapse of Signa Holding GmbH. Prosecutors allege he attempted to diminish the assets available to creditors by hiding a hunting rifle valued at 80,000 euros. This charge is one of several linked to Benko’s insolvency; the WKStA has previously filed two other indictments against the investor in connection with these proceedings.
The legal strategy here reflects a significant escalation in the state’s approach to the Signa collapse. By grouping allegations of complex corporate fraud with personal asset concealment, the prosecution is signaling a broad effort to hold the individual accountable for the entire insolvency process. Defense counsel Norbert Wess’s immediate dismissal of the claims—specifically arguing that the rifle was never Benko’s property—suggests that the upcoming court proceedings will hinge on the precise documentation of ownership and the timing of debt defaults.
Why is there a new investigation into civil court testimony?
The WKStA has confirmed a new investigation into suspected attempted fraud during a civil court case at the Innsbruck Regional Court. Prosecutors allege that Benko and a family member attempted to protect two million euros from the insolvency estate by misrepresenting a 2023 transfer as “supplementary maintenance” rather than a gift. According to the indictment, the family member submitted an allegedly false “memorandum” to the court, and Benko provided testimony claiming he had authored the document to support this classification.
How does the defense respond?
Defense attorney Norbert Wess has rejected the accusations outlined in the indictment. In a statement, Wess argued that the legal basis for the fraud charges is flawed, noting that the debt to the Haselsteiner foundation was already overdue before the guarantee was signed. Regarding the hunting rifle, Wess maintained that the item was never in Benko’s possession or ownership at the time of the alleged concealment.
Frequently Asked Questions
What is the maximum penalty Benko could face?
The current indictment carries a potential sentence of one to ten years of imprisonment upon conviction.
What is the nature of the “prozessbetrug” (procedural fraud) suspicion?
It involves the alleged misrepresentation of a two-million-euro transfer as maintenance payments rather than a gift, supported by an allegedly falsified memorandum, to prevent the money from being recovered by creditors.
Has the indictment been officially approved?
Yes, the indictment was filed following the approval of a report by the Vienna Higher Regional Prosecutor’s Office and the Ministry of Justice, following consultation with the advisory council.
Do you believe these criminal proceedings will influence the ongoing restructuring of the remaining Signa assets?
