Estonia, Financial Services, Legislation, Transport

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Estonian court fines Autorollo creditor for leak of information

BC, Tallinn, 06.04.2016.Print version
The Harju county court on April 5th issued a rare court ruling when it fined Teet Jarvekulg, one of the creditors in the case of the bankrupt company Autorollo, for disclosure of information dealt with during a closed meeting.

The fine for Jarvekulg had been sought by the lawyers for the defense. The Tallinn-based court agreed and fined Jarvekulg 1,000 euros.

 

In a separate application, Natalia Lausmaa, lawyer for defendant Siim Roode, wanted the court sitting scheduled for Tuesday to be postponed until the decision of the Supreme Court in the Autorollo civil dispute, which is expected on April 22. The lawyer found that the decision of the top court should be definitely added to the file of the criminal case. The prosecutor, Maria Entsik, was against, arguing that the parties involved in the civil case and the criminal case are not the same and the Harju county court is examining the potential committing of a criminal offense.

 

The court rejected the attorney's application and the sitting of the court was to resume in the afternoon.

 

Prior to Tuesday there had been a break in sittings in the Autorollo trial since January after Marko Kairjak, attorney for Vaino Pentus, ordered a forensic psychiatric examination of his client. Experts have deemed Pentus mentally capable to stand trial.

 

Pentus and Roode stand accused of actions resulting in a significant deterioration in the solvency of Autorollo and aggravation of permanent insolvency, as well as use of counterfeited documents. Pentus has been additionally charged with violation of the obligation to maintain accounts and embezzlement.

 

Pentus was the sole owner and board member of Autorollo from July 28, 2008. On April 26, 2010, Roode became the company's sole owner and de facto manager. According to the charge sheet, the financial situation of the company was very bad by the time it changed hands and Roode together with Pentus arranged for moving assets out of the business to prevent their sell-off against creditors' claims and to free Pentus of a personal guaranty of loans. The removal of assets mainly had to do with the removal of four trucks and 11 trailers from the asset list of Autorollo.

 

According to the charges, Autorollo thereby lost title to property worth at least 2.36 million kroons (EUR 151,000) but was relieved of obligations worth just 0.88 million kroons. The damage thus caused to the company by Pentus and Roode amounted to 1.5 million kroons or 94,000 euros.

 

Roode and Pentus have also been charged with using fake loan agreements in the company's bookkeeping to free Pentus of potential claims under civil law.

Pentus has additionally been charged with appropriation of the money received from the sale of a Ford Tourneo belonging to the company and violation of the obligation to maintain accounts. According to an expert who examined the accounts of Autorollo, the books of the company were maintained in an unreliable manner, which significantly complicated obtaining a true picture of the company's financial standing in 2009–2010.

 

The pretrial investigation of the case was handled by the office for the investigation of economic crimes of the central crime police and the proceedings were overseen by the North district prosecutor's office.

 

(EUR 1 = EEK 15.65)






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