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After transporting the former KNF president to the prosecutor's office in Katowice, he was charged with art. 231 pairs 2 k.k. It is the abuse of writing powers by a public official in order to obtain a material or personal benefit. This act is punishable by imprisonment of one to ten years. Ch. Resigned after Gazeta Wyborcza disclosed his talks with the owner of Getin Noble Bank. According to Roman Giertych, a billionaire lawyer, she had a proposal for corruption on this subject.
The former head of the supervisor found a delegation in Singapore. After his return, he appeared in the office, which left around 12:30. Only later did the CBA seize and secure documents, devices and electronic media. By the time the officers arrived, were the presidents then? Opposition politicians and some commentators point out that the media speculated that the services had appeared too late in the office. Our results indicate that Marek Ch. While in the office, KNF's attorney for information protection, the chief of staff and secretarial staff accompanied him.
Spokesman for the Coordinator of the Minister of Services, Stanisław Żaryn, informed us that surveillance was also provided, but this does not show that Ch. he had to destroy all the documents. We have established that the cameras are installed in the corridor leading to the secretariat and the president's office. In the last two places, there is no surveillance, but there is a big shredder down the hall, which the cameras should cover. In the meantime, an internal audit was launched by the KNF concerning the activities of the former president. In DGP, we have already indicated that his calendar had been rebuilt, which shows that he had met Czarnecki several times over the past year. Dozens of meetings were held with the leaders of its banks.
According to the lawyers, the investigators had the choice to bring the former head of the KNF to Marek Ch. Allegations drawn from two articles of the penal code. The first option was about art. 231 Pairs 2 speaks of exceeding powers: "A public official who, acting beyond his rights or not performing his duties, acts to the detriment of the public or private interest … and if it does so for financial or personal gain, it is punishable by a custodial sentence from one year to the next. "10.
The second option is the art. 228 on corruption, according to which "who, in the course of the exercise of a public office, accepts a good or a personal benefit or his promise, is punished with imprisonment of six months to eight years, including Article 13, or the attempted commission of a crime.Karski, Professor Piotr Kruszyński, the prosecutor's office was able to apply both provisions, although only one of them should have been used, as they can not be used together, a provision that may result in a heavier sentence.
The reason of the acts of the prosecutor's office against Marek Ch. Excerpt from the conversation with Leszek Czarnecki, in which he proposes to appeal to a lawyer, Grzegorz Kowalczyk. As can be seen from the contents of the conversation, Ch. First, he talks with Czarnecki about his bank's situation and indicates where KNF can help. The key fragment itself is preceded by a complaint from the supervisor for the low salaries of staff in his office and the public sphere and for the risk incurred by KNF employees. Shortly after, Ch. He asks if Czarnecki needs a lawyer who would help with the restructuring of the bank.
– I can recommend someone to you. It seems to me that this would be beneficial both for the office and for the entire institution. I mean, somebody who, let's say, I do not know what is your pay system in the bank – but it seems to me that if you link it to the bank's profit, that would also somehow guarantee that Lawyer is more involved, "he says) Ch Later, the conversation is about how Czarnecki rewards his employees, after which the ch specifies that the compensation should be tied to the bank's capitalization at the company. 39, that is, the total value of all the shares of Getin Noble Bank, which amounted to more than 4 billion zlotys.
According to Roman Giertych, Czarnecki's lawyer, it appears that on a sheet of ch. he had to fine-tune the lawyer's salary to 1%. capitalization. This is where the 40 million PLNs mentioned by Gazeta Wyborcza were written. – The very fact of such a proposal is a proposal for corruption. The property or personal benefit is for you and for another person – emphasizes the prof. Kruszynski. In this case, it is not necessary to prove that, because of the employment of the person indicated, the former head of the KNF has received or could receive material benefits. – The employment of someone is a benefit. This does not have to be a direct benefit to Mr. Ch. It may be a benefit to another person, he said.
The PiS hopes that the charge of a former KNF leader will show that the party has no intention of hiding anyone and wants to explain the whole affair – as the party does. Deputy Prime Minister Jarosław Gowin said – "down to the bottom". However, the opposition does not intend to let go and continue. He hoped that the NBP would have access to information about the meeting of Marek Ch. With Czarnecki and Adam Glapiński, which took place on March 28 after a meeting between Czarnecki and Ch. FSA. Yesterday, the deputies of the FOs came forward to send an official note of this meeting and to deliver the notebook of exits.
The FO members also received from the Ministry of Finance further parts of their correspondence with the PFSA concerning changes to the legislation concerning the forced takeover of banks. As can be seen from the documents already known, for the first time, ch. he questioned the finance ministry about this on April 13, two weeks after the meeting with Czarnecki. The following letters were unknown and the results indicate that the proposed solution by the PFSA was included in the June Bill authorizing the blocking of websites selling risky financial products.
In this law, three solutions are possible to remedy the situation in small banks: the introduction of a trustee, the sequestration or the purchase of a bank in difficulty by another bank. This was the implementation of the KNF requirements contained in the letter of 13 April. But because of disputes over the main part of the project, he did not move to the Sejm. Another well-known magazine comes October 26th. The head of the KNF warns MF that these solutions have not been implemented and insists on an alarming tone to do it quickly.
He writes about the pace of work as "very unsatisfactory", which can be translated from the official language into a colloquial phrase like "why, guys!", And calls for urgent implementation of ideas. The letter says that they must help in the problems of cooperative banks. Shortly after, on November 6, during the second reading of the law on the bank guarantee fund, PiS deputies proposed in an amendment the proposal to buy out banks in difficulty by other banks. A day later, Roman Giertych appeared in the prosecutor's office and filed a crime report by Ch. The next day, the same amendment was made to the law, which was aimed at strengthening the supervision of the financial market. Work on it after a break of one month is accelerated. She left the Sejm first.
– It does not look like an accident at work, but a planned action. It's a puzzle of a dozen elements in which everything is fine – says MP Jarosław Urbaniak. In other words, Czarnecki had to fear that PiS would take over his bank and the report was sent to the prosecutor's office. According to our sources, there was no reason for such fears of the power camp. – These provisions are difficult to apply because they give the possibility to appeal against an administrative decision, which means a dispute before the administrative court or the Supreme Administrative Court, which can order the payment of compensation. If Czarnecki really thought so, he was mistaken in the assessment – a government official tells us so.
Grzegorz Osiecki, Bartek Godusławski
November 28, 2018
READ THE KNF AFFILIANT'S REPORT
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