Bodnar's circus is inactive starting. What about the invoice, Mr. Birgfellner?
Barbara Fiddler's death and always more foolish public appearances by Eve Herzosek slow begin to obscure the point. So let us callback events six years ago.
25 January 2019.Jacek Duboisand Roman Giertych filed a announcement in the Warsaw prosecutor's office of suspicion of a crime with the application of attorneys of the victim.
The letter shall be accompanied by a hand-written copy by Geralda Birgfellner document. This, however, must be doubted due to the fact that it is written in Polish, to which Austrian victim He's not fluent.
Notification text in the Annex* Oh, my God *.
The notification shall contain a evidence of the work done by Birgfellnner:
1. He founded the intent company Nuneaton sp. z o.o. sp. k.
2. He found an architect and prepared an architectural concept design.
Initially Jarosław Kaczyński recommended his architect – Piotr Walkiak.
This architect participated in the project, but the main architect was found by Gerald Birgfellnner architect Heinz Neumann of the architectural company HNP architects.
3. He prepared a strategy for the implementation of the Silver Tower task with costs and timetables.
4. He's prepared a real property valuation.
5. He negotiated a debt agreement, allowing to carry out investments with Pekao S.A., designated by Jarosław Kaczyński.
6. He prepared the draft contracts essential for the implementation of the investment.
The notification besides included a summary of the costs Bigfellner had incurred in connection with the above.
Well, it's a total... EUR 150.482,01:
- for the services of the architect (in fact, EUR 18.000) and
- for Baker McKenzie (invoices of EUR 101.690, EUR 21 and EUR 30.791.8).
But the Giertych/Dubois notification contains information about a fraud of EUR 1 300.000.
Let's see:
1.300.000,- EUR – 150.428,01 EUR = 1.149.571,99 EUR
That means Birgfellner charged 764% margin!!!
I would like to remind you that, according to both patrons, there is simply a suspicion that a crime has been committed in accordance with Article 286(1) of the Code in conjunction with Article 294(1) of the Code.
That is, fraud in relation to property of considerable value and under conditions of operation of the alleged continuous act.
However, as stated in the notice, the costs related to delegations and accommodation amounted to EUR 24,330,- and were accepted by Silver sp. z o.o.
The question arises of how much is the work of a manager who is not well known in Vienna erstwhile the working time of a renowned law firm and a well-known architect is valued at EUR 300?
She informed herself of specified prices Electoral Newspaper.
Would they then work on the commission of Austrian architects and lawyers Baker McKenzie with a full of EUR 300 per hour?
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If Birgfellner had been valued equally high, he would have utilized up...3832 hours for the above mentioned activities.
Hoping that a week of work is 40 hours would gotta work 96 weeks after 8 hours a day resting only on weekends.
Almost 2 years.
And we know well that there is not even 5% of this reputation as mentioned above.
So it should be (and most likely is) valued much lower.
Pabout years looking at what happened to the game belonging to the Silver Company, it is impossible to keep seriousness.
On 12 March 2018, in the weekly Newsweek (the erstwhile chief was Tomasz Lis) the text is published under the long title:
We read it.
Summer 2017. Controlled by close co-workers Jarosław Kaczyński, Silver Company is trying to sale attractive land in Warsaw Wola – at the confluence of Towarowa and Silver Streets, a stone's throw from the city centre. It's expected to be a 190-meter Silver Tower. It includes 70 1000 square meters of office space, respective 1000 square meters of commercial and service space, a restaurant on the roof, a view terrace. Value of the full investment: PLN 160 million.
Silver is entering the marketplace with its offer, but does not want publicity. That is why it addresses only a fewer players in the improvement manufacture – the largest, mainly international, and with adequate resources to finance specified a powerful investment. The offer folder contains papers specified as tower visualization, precise investment calculations, legal information on the position of the plot, surveying charts.
On the sale of the Silver plot, as an intermediary, is represented by Conarius registered in Cyprus. It was founded on August 5, 2015. Share capital: EUR 5 000. A small over a year later, on August 30, 2016, all shares of Conarius for just 5 1000 euro are bought back by the celebrated capital developer and investor Jan Zbigniew Zaleski Ejgierd. In this transaction another Cypriot company – Premierplus mediated. As “Gazeta Wyborcza” writes, Premierplus specializes in settling Cypriot citizenship, but above all in taxation optimization. The office of Premierplus and the previously mentioned Conarius are located in the same office building in Nicosia.
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Meanwhile, in accordance with the study by current associate Giertych and current Vice-President of the Court of State Jack Dubois from May 2017 to July 2018, preparations continued to build the alleged 2 Kaczyński towers in the same place.
Previously, today's me(r)dia presented the “crown” evidence of the invoice.
Only a freak like that would be challenged by any control.
Presented by Red propaganda syndrome The alleged invoice includes as a description of the services provided to Silver sp. z o.o. the concept of ‘cost relief’.
Does anyone know what VAT is for specified services???? ;)
I At last, the most important.
It has been almost 7 years since the events mentioned above.
Austrian victim absolute Żoliborz bloodsuckers should know about the limitation of claims. The prosecution has already dismissed the proceedings in this case, and the independent court has retained it.
Prior to possible attacks – the chair of the composition (one-man) was a justice belonging to... Iustitiy.
Birgfellner, however, had another option. Well, being represented by 2 so well - known patrons (Gierty and Dubois) should take advantage of the judicial process. In fact, the claims from business activities are very fast – after 3 years from due. It should be remembered that it occurs not after the full 3 years, but always on the tip of the year. Thus, the charge due from 22 January 2025 does not expire on 22 January but only on fresh Year's Eve 2028.
But the civilian Code provides for another statute of limitations. Claims from a work contract (and so would gotta qualify a possible contract with an Austrian victim) expire after 2 years. Anyway, at the time of the complaint, Birgfellner could and should have filed a lawsuit.
But he did not.
We can only speculate why this did not happen.
After the publication of the “captain” I sought advice from friends of lawyers. In general, they agreed on 1 thing – either We have faced a primitive political provocation, calculated that before the autumn elections we will not be able to solve the problem due to the bureaucracy in courts and law enforcement authorities, so we will be able to mediate the subject
either
with an effort to commit fraud in large sizes to the detriment of Silver sp. z o. o. in Warsaw.
Among my interlocutors were, among others, the prosecutor and the judge, both of whom were inactive in the profession at the end of the decently passed era.
But what happens now even nothing succeeds. The proceeding of the “truss” (so to be judged after its duration) late Barbara Skrzypek proves only 1 – Bodnar's neoprosecution gibberish looking for anything against Jarosław Kaczyński.
It should be remembered that in the case of Wrzosek, she had already listened to 3 witnesses, and in only 1 case she refused to take part in the proceedings!
Approaching from the X portal ihahahahha Counselor Qnia and emerging threats only confirm the above thesis.
The effort to revenge against those who for the long 8 years have taken distant toys from people convinced that they will regulation Poland for many generations is becoming clearer.
And that is how any further “revelations” of Ewa Wrzosek will be received.
Bodnar neo-prosecution has completely lost credibility.
18.03 2025
___________________________________________
* Oh, my God *
Notification of a legitimate suspicion of a crime
Acting on his own behalf, I shall make a notification of a legitimate suspicion of a criminal offence by:
Jarosław Kaczyńskithat:
acting in Warsaw at Nowogrodzka Street and in another places, between May 2017 and July 2018 at short intervals in the execution of the pre-conceived intention, in order to accomplish the property benefit of Silver Sp. z o.o. with its registered office in Warsaw, exploiting Gerald Birgfellner's trust based on the linking affinity and misleading Gerald Birgfellner's ability to make decisions on behalf of the company Silver sp. z o.o. and as regards the intention to origin payment by Silver sp. z o.o. of the agreed remuneration for services related to investment in the form of construction of a high-rise building, together with the infrastructure accompanying the land property located in Warsaw at ul. Srebrej 16, led Gerald Birgfellner to the unfavourable regulation of the property, that caused Gerald Birgfellnner to supply services of a value of about 1.300.000,- euro, in this way that in May 2017, assures Gerald Birgfelner that he is the individual who actually makes all decisions in the company Silver sp. z o.o., guaranteed him to pay the remuneration for the activities which he ordered on behalf of the company Silver sp. z o.o., and consisting in comprehensive preparation of the investment in the form of a building of height, and then the infrastructure accompanying the land property located in Warsaw at ul. Silver 16, and the reimbursement of the costs incurred in connection with this order, and then repeatedly confirmed him in the implementation of the above contract with the company Silver sp. z o.o., and then the full of the works carried out, in the belief that Gerald Birgfellner would receive the remuneration, led to the fact that Gerald Birgfellner had made the following works (i. Management ) ) ) ) „ „ „ „ „ „ „ „ „ „ „ Nu Nu „ „ „ „ „ „ „ „ „ „ „ „ „ „ „ „ Nu „ świadomość „ did not have any financial means and could not cover the work entered into by Jarosław Kaczyński on behalf of Srebrna sp. z o.o., and then in June 2018, erstwhile Gerald Birgfellner requested that the undertaking be covered by Silver sp. z o.o., he declared that Silver sp. z o.o. could not cover this undertaking, due to the fact that the invoice was issued to Nuneaton sp. z o.o., which had no financial means, and he himself, although the work in favour of Silver sp. z o.o. was actually done, had no effect on the behaviour of the authorities of that company and could not origin Silver sp. z o.o. to cover the undertaking which he had contracted, falsely ensuring that it would be paid, which he caused Gerald Birgfellner harm in large size, i.e. for an action under Article 286(1) of the Act referred to in Article 294(1) of the Act referred to in Article 12(1) of the Act.
In view of the above, I decision for:
1. Initiation of an investigation.
2. proceeding of the victim Gerald Birgfellner with the participation of the translator (address for service: ul. Nowy Świat 35 lok. 4, 00-029 Warszawa) on the occasion of Gerald Birgfellnner's experience of introducing activities related to the implementation of construction projects, giving power of lawyer to Gerald Birgfellner by Silver Sp. z o.o., performed by Gerald Birgfelllnner in connection with the contract he received, incurred by him in connection with the costs incurred, the function of Jarosław Kaczyński throughout the undertaking, the fixed amount of remuneration for Gerald Birgfellner, the termination of the power of lawyer to Gerald Birgfellner, the property benefit of Silver Sp. z o.o. and its amount.
3. Allowing and carrying out evidence from the papers indicated in the explanatory memorandum to the circumstances specified therein.
4. Informing the victim's lawyer about the investigations, and in peculiar the hearings of Jarosław Kaczyński, Grzegorz Tomaszewski, members of the board of directors of Srebrna sp. z o.o., persons active in the implementation of the contract with Baker McKenzie, persons who negotiated a credit agreement with Pekao S.A., as well as members of the Board of the Foundation and Board of the Foundation “Lech Kaczyński InstituteIt’s okay. ”
Reasons
Actual reasons
Srebrna sp. z o.o. with its registered office in Warsaw, KRS nr 0000069050, is simply a perpetual user of the property located in Warsaw at ul. Srebrna 16, for which the territory Court for Warsaw Mokotowa in Warsaw, X Faculty of Perpetual Books, keeps the perpetual books KW No. WA4M/00152366/8 and WA4M/00210479/8. The Management Board of Silver sp. z o.o. consists of the following persons: Janina Goss, Jacek Cieślikowski and Małgorzata Kujda (president of the Management Board). The sole shareholder of the company is the foundation of the “Institute of the Name of Lech Kaczyński”, which includes Barbara Czabańska (President of the Management Board) and Adam Lipinski. The board of the Foundation is composed of: Jarosław Kaczyński, Krzysztof Czabański and Rafał Savicz.
Evidence: information corresponding to the current copy from the registry of entrepreneurs Silver sp. z o.o., printouts from the land books of KW No. WA4M/00152366/8 and WA4M/00210479/8, information corresponding to the current copy from the registry of associations, another social and professional organizations, foundations and independent public wellness care facilities of the “Institute of Lech Kaczyński” on the occasion of the structure of the company Silver sp. z o.o. legal position of the property at ul. Silver 16, structure of the foundation “Institute of the name of Lech Kaczyński”.
The injured Gerald Birgfellner, an Austrian citizen, is educated economist and has large experience in building projects, many contacts and assurance in banks. He participated in many projects in Austria (10 to 12), as well as in Poland in Wrocław (the construction of the household Point buying centre) and in the Czech Republic. He is the president of the Board of Areion Sp. z o.o. with its registered office in Warsaw, KRS No. 0000698515. Among the activities of the company are the implementation of construction projects related to the construction of buildings and the management of real property carried out on a contract basis. In addition, Gerald Birgfellner is the husband of the daughter of his close cousin Jarosław Kaczyński Grzegorz Tomaszewski. This causes him to be family-related with Jarosław Kaczyński, for whom through his wife he is 1 of the closest people.
Proof: information corresponding to a copy of the current business registry of Areion sp. z o.o., Gerald Birgfellner's evidence to the fact that Gerald Birgfellner's experience was introduced, related to the implementation of construction projects, his household relations with Jarosław Kaczyński.
In May 2017, Gerald Birgfellner was invited by Jarosław Kaczyński to a gathering held in Jarosław Kaczyński's office at Nowogrodzka Street in Warsaw. During the meeting, Jarosław Kaczyński stated that he was on the board of the foundation "Institute of the Name of Lech Kaczyński", which is the only shareholder in Silver Sp. z o.o. He besides stated that Srebrá sp. z o.o. is planning an investment, consisting of the construction of an elevation building, together with the infrastructure accompanying the land property located in Warsaw at ul. Srebrá 16.
Jarosław Kaczyński besides stated that in fact he is the decision-maker in all matters connected with the implementation of the indicated investment, all substantive decisions belong to him, and all persons associated with Silver Sp. z o.o., carry out and implement his orders. This message was unambiguously true, as during many meetings between Gerald Birgfellner and Jarosław Kaczyński, all persons associated with Silver sp. z o.o. carried out the orders of Jarosław Kaczyński, as well as clearly indicated that all decisions on the implementation of the investment depended on the will and decision of Jarosław Kaczyński. Jarosław Kaczyński utilized to say that “he has everything under control.” During the gathering Jarosław Kaczyński made a proposal to Gerald Birgfellner to take up contracts. This commission was to prepare the construction in the pre-executive phase in specified a way that it could enter the next phase of implementation and that the construction of the tower could begin. This was so all activities related to the preparation of investments in financial terms (continguation of credit, valuation and valuation), architectural (refining the architect), conceptual and legal (getting the essential decisions). Jarosław Kaczyński pointed out at the same time that from an organizational point of view the investment was to be carried out in specified a way that a peculiar intent company would be established, and Silver Sp. z o.o. would bring the right to usage perpetual property at ul. Srebrej 16.
Gerald Birgfellner accepted the proposal, with details of cooperation being determined during respective meetings that took place in spring 2017. During these meetings, it was agreed that Silver Sp. z o.o. was commissioned by Gerald Birgfellner to carry out these investment management services. At the same time, it was established that the order would be transferred from Srebrą sp. z o.o. to the peculiar intent vehicle, which would be the investor from then on.
It was besides agreed that the remuneration for the execution of the order would amount to 3% of the value of the investment, which was estimated by the parties' commission at around EUR 9,000,000, because the value of the investment according to the resolution of the extraordinary gathering of shareholders of Srebrna sp. z o.o. was to be EUR 300,000,000. The above amount was besides presented to the members of the Management Board of Silver sp. z o.o. in the persons of Janina Goss, Jacek Cieślikowski and Małgorzata Kujda and accepted by them, and then placed in the estimation as an component of the investment costs, which was accepted and accepted by Jarosław Kaczyński. Jarosław Kaczyński asked that the contract be signed immediately, to Gerald Birgfellner concentrate on this task all his professional activity, moved to Warsaw, to which Gerald Birgfellner agreed. The consequence was his buying the house. At the same time, it was established that the organization to the contract with Srebrna sp. z o.o. would be Gerald Birgfellner personally, as a natural person, due to his experience and household relationships reliable for Jarosław Kaczyński, and that the contract would be implemented through his economical entities, including Areion sp. z o.o., as well as in order to benefit from the assistance of 3rd parties, specified as law firms, architects, experts and others, he would be entitled to order certain activities on behalf of his client.
Since Jarosław Kaczyński cared about time, it was established that Gerald Birgfellner would enter the contract immediately, and a detailed contract of execution will be prepared in parallel, which will be signed later. Baker McKenzie, approved by Jarosław Kaczyński, began working on this agreement. The agreement was repeatedly conducted at meetings in the presence of the parties, has been amended respective times, and was yet prepared in 2018. erstwhile asking Gerald Birgfellnner to start work without a contract, Jarosław Kaczyński stressed that he was entitled to make all decisions relating to the investment and that he guaranteed that all the obligations for the works performed and the costs incurred would be paid by Silver Sp. z o.o. due to the fact that it belonged to him. Jarosław Kaczyński has been known to Gerald Birgfellner for years as the Prime Minister of the Polish Government, a long-standing MP in the Polish Parliament, president of the ruling organization and 1 of the most crucial politicians in the country, enjoying a blameless reputation. Moreover, the close household ties between him and Jarosław Kaczyński were an unquestionable warrant for him that everything that Jarosław Kaczyński says is actual and his promises will be fulfilled. The facts which confirmed him in this belief were that the plans described by Jarosław Kaczyński were immediately implemented. He witnessed that all orders of Jarosław Kaczyński were carried out by the bodies of the foundation "Institute of the Name of Lech Kaczyński", as well as by Silver Sp. z o.o. It was Jarosław Kaczyński who made the decisions and passed them on to the competent persons in the bodies of the foundation and company in the form of instructions.
The implementation of the plans and assurances submitted by Jarosław Kaczyński resulted in the adoption on 2 February 2018 by the Board of the Foundation “Lech Kaczyński’s Name Institute” of Resolution No 01/2018 on the consent of the board of directors to undertake activities related to the implementation of the improvement task by Silver sp. z o.o. On the same day, a resolution was adopted No. 01/2018 of the Management Board of the “Institute of Lech Kaczyński” concerning the consent to undertake activities related to the implementation of the improvement task by Silver Sp. z o.o., signed by Jarosław Kaczyński. According to the above resolutions, the aim was to implement the investment at ul. Srebrej 16 by a peculiar intent company in the form of a limited partnership. Silver sp. z o.o. was to get a limited liability limited partnership and a limited liability company which was to become a complementary company in a limited liability company. Silver sp. z o.o. was besides to bring aport to the limited partnership the right to usage perpetual land property at ul. Srebrej 16 together with the right of separate ownership of all buildings and structures on this property.
Evidence: Resolution No. 01/2018 of the Foundation Council and Resolution No. 01/2018 of the Foundation's Management Board for persons who participated in the adoption of resolutions, the content of these resolutions, the investment plan at ul. Srebrej 16.
On 2 February 2018, an extraordinary gathering of partners of Silver sp. z o.o., led unanimously by the president Jarosław Kaczyński, adopted a resolution on the consent of the improvement task at ul. Silver 16. The resolution consents, in particular, to the acquisition by Silver sp. z o.o. of the full rights and obligations of the limited partnership of the existing limited partnership or the conclusion by Silver sp. z o.o. as a limited liability of the partnership with the company of o.o. It was besides agreed that Silver Sp. z o.o. will be transferred to the limited partnership of the right to usage perpetual land property at ul. Srebrej 16 with the right of separate ownership of all buildings and structures on this property. The peculiar intent company in the form of a limited partnership was to conclude, inter alia, any agreements essential or desirable to carry out the project, including in particular: contracts with the architect, contracts with the general contractor, improvement contracts, task management contracts, cost management contracts, rental contracts or property management contracts. The resolution set out the investment value of EUR 300,000,000 as it provided for the company to borrow up to EUR 300,000,000 for the project.
Proof: Minutes of the Extraordinary gathering of Shareholders of Silver sp. z o.o. with its registered office in Warsaw on 02/02/2018 on the occasion of the persons participating in the extraordinary gathering of shareholders, the content of the resolution adopted, the investment plan at ul. Silver 16.
Srebrna sp. z o.o. entrusted Gerald Birgfellner with the creation of a peculiar intent company. For this purpose, Silver Sp. z o.o. gave him the appropriate power of attorney.
Proof: power of lawyer for Gerald Birgfellner for the scope granted to him by Silver Sp. z o.o. power of attorney.
The peculiar intent company is Nuneaton sp. z o.o. sp. k. based in Warsaw. She was included in the KRS on 11 April 2018 under No 0000669113. According to the plan, Silver Sp. z o.o. was appointed as a consultant in this company. The amount of the limited sum is PLN 2,400.00. The Complementary is Nuneaton sp. z o.o. based in Warsaw, KRS no. 0000655036. On the board of Nuneaton sp. z o.o., according to KRS Nuneaton sp. z o.o. sp. k., Gerald Birgfellner entered. The partner of Nuneaton sp. z o.o. is Blackstones sp. z o.o. Holdings sp. k., KRS No 0000526278.
Evidence: information corresponding to the current copy from the registry of entrepreneurs Nuneaton sp. z o.o. sp. k., information corresponding to the current copy from the registry of entrepreneurs Nuneaton sp. z o.o., information corresponding to the current copy from the registry of entrepreneurs Blackstones sp. z o.o.; Holdings sp. k. to the circumstances of entities that are part of the bodies of the above companies.
On 6 June 2017, Srebrna sp. z o.o. granted Gerald Birgfellner another power of attorney, inter alia, to represent the company in leases and leases of real property at ul. Srebrna 16, contracts related to the execution of investments on this property in the form of building a advanced office building with hotel, office, residential and underground parking, including in contracts for the transportation of media to this property, contracts for the carrying out of demolition, repair or maintenance works, plan contracts, order contracts. Gerald Birgfellner was besides empowered to represent the company before the state and local authorities in the implementation of the investment.
Proof: power of lawyer of 6 June 2017 for Gerald Birgfellner for the scope granted to him by Silver Sp. z o.o. power of attorney.
As a consequence of the above findings, Gerald Birgfellner joined the execution of the order, and the results of his works were communicated to both Jarosław Kaczyński and another persons associated with the implementation of the project, including the board of Srebrna sp. z o.o. Jarosław Kaczyński from the beginning was very curious in the course of the work and participated in many meetings related to debt negotiations, legal acts, architectural projects, taking an active part in them. This is evidenced, among another things, by the compilation of working hours on the Silver Tower project, created by Gerald Birgfellnner. It follows that Jarosław Kaczyński had already participated in the first gathering in Warsaw on 12 May 2017, which explained the construction task and discussed the anticipation of its implementation. Jarosław Kaczyński participated in meetings during which the full concept and improvement of the project, business plan, financing (meetings on 19 July 2017, 15 September 2017, 7 November 2017, 23 November 2017, 29 November 2017, 27 December 2017, 8 January 2018, 17 January 2018, 31 January 2018, 15 February 2018, 19 March 2018, 21 March 2018, 23 April 2018, 27 June 2018, 27 July 2018, 2 August 2018). Most meetings with Jarosław Kaczyński were held at Nowogrodzka Street in Warsaw, where the political organization Law and Justice is based (meetings on: 7 November 2017, 23 November 2017, 8 January 2018, 17 January 2018, 31 January 2018, 15 February 2018, 23 April 2018, 27 July 2018, 2 August 2018). All actions and advancement were so kept up-to-date with Jarosław Kaczyński in his office. On the another hand, the name of the building, which was to be created as the “Kaczyński Tower”, appeared in the media. The full task was besides originally called K-Tower.
Proof: a summary of working hours on the Silver Tower task for the function of Jarosław Kaczyński in the full project.
As part of the execution of the order, which was carried out until July 2018, Gerald Birgfellner, acting as a natural individual on the basis of the power of lawyer granted to him by Silver Company, or by the economical entities to which he subdued, in accordance with the contract, the execution of the order, carried out the following activities:
1. He founded the intent company Nuneaton sp. z o.o. sp. k.
2. He found an architect and prepared an architectural concept design.
Initially Jarosław Kaczyński recommended his architect – Piotr Walkiak.
This architect participated in the project, but the main architect was found by Gerald Birgfellnner architect Heinz Neumann of the architectural company HNP architects.
3. He prepared a strategy for the implementation of the Silver Tower task with costs and timetables.
Proof: Tower task – General strategy of cost estimates and time agenda for the work done by Gerald Birgfellnner.
4. He's prepared a real property valuation.
5. He negotiated a debt agreement, allowing to carry out investments with Pekao S.A., designated by Jarosław Kaczyński.
Bank Pekao S.A. accepted the granting of an investment debt of EUR 11 million. This amount by decision of Jarosław Kaczyński was considered besides large and was reduced to EUR 4.5 millionThe Bank of Pekao S.A. besides agreed to do so. Bank Pekao S.A. besides promised to grant credit after obtaining a decision on the building conditions of about EUR 300,000,000. It is worth mentioning that the president of the Board of Pekao S.A. Michał Krupiński spoke to Gerald Birgfellner himself about Jarosław Kaczyński and gave the victim the impression that Jarosław Kaczyński's engagement was applicable to him in the credit decision. Baker McKenzie besides participated in the credit negotiations.
Evidence: Annexes 16 to 30, Gerald Birgfellner's evidence to the preparation of the credit agreement and its final shape, persons involved, work done by Gerald Birgfellner.
6. He prepared the draft contracts essential for the implementation of the investment.
Through Baker McKenzie, a contract was prepared – improvement Management Agreement I in relation to K-Towers Warsaw between Nuneaton sp. z o.o. sp. k. (special intent company, Investor, represented by Gerald Birgfellner) and K-Towers sp. z o.o. (Development Manager, represented by lawyer Edgar Rosenmayr, K-Towers is the erstwhile name of Areion sp. z o.o.). improvement manager was tasked with advising the Investor and providing many services in the pre-executive phase of the project, related to investment planning and design, cost management, legal analysis. The detailed scope of improvement Manager's services was specified in agenda no. 6 to the draft contract. It demonstrates the broad work of improvement manager for the pre-executive phase of the project. This step is crucial for the preparation of the full investment. Among another things, this is why the contract was repeatedly discussed and modified, the entities to be parties to it changed and the scope of their tasks.
Development Manager's work was extended in subsequent versions until the final version of the contract was reached.
Evidence: Annexes 31 to 44 to Gerald Birgfellner, the final version of improvement Management Agreement I in relation to K-Towers Warsaw.
Baker McKenzie besides provided services in the preparation of contracts with Gleeds Polska sp. z o.o. and Strabag sp. z o.o. Contract between Gleeds Polska sp. z o.o. and Areion sp. z o.o. afraid the provision of investment management services, investment costs and supervision inspectors. The services were to be carried out by Gleeds Polska sp. z o.o. in 3 stages: pre-executive, executive and post-executive. The detailed scope of services in the various stages is illustrated in Annex 1 to the draft contract. The conditions for remuneration are set out in Annex 2 to the draft contract. On the another hand, the contract between Strabag sp. z o.o. and Areion sp. z o.o. afraid the services of Strabag sp. z o.o., inter alia, the selection of the architectural company, the preparation of the documentation essential to get the decision on the construction conditions and to get this decision, as well as the decision on environmental conditions and the decision on the construction permit. A detailed overview of the activities performed by Baker McKenzie's law firm shows the work hours.
Evidence: annexes 45 to 46, agenda of working hours of Baker McKenzie for the work done by Gerald Birgfellner; firm Baker McKenzie, contracts with Gleeds
As part of the execution of the order, Gerald Birgfellner incurred own costs related to travel and accommodation, accepted by the another party, for an amount of EUR 24 330. He has carried out works worth EUR 1 300 000, including commitments of EUR 150 482,01: against the architect (an invoice of EUR 18 000) and Baker McKenzie (an invoice of EUR 101 690, 21 and EUR 30 791,8).
Evidence: Tower task – General strategy of cost estimates and time Schedule, HNP architects invoice dated 18.04.2018, agenda of working hours of Baker McKenzie, Baker McKenzie invoices dated 11 June 2018. improvement task Warsaw – In – scope and Out of scope, a summary of Travel expenses Tower task Warsaw, Gerald Birgfellner's evidence to Gerald Birgfellner's actions in connection with the received order, incurred by him in this connection costs.
As raised above, in April 2018, in accordance with the planned investment strategy, Nuneaton sp. z o.o. sp. k. was established. The next phase was to transfer the usage of perpetual real property at ul. Srebrej to this company, as well as to request by the company a decision on the building conditions for the property, in accordance with the prepared concept and construction project. At the turn of spring and summertime 2018, Gerald Birgfellner asked Jarosław Kaczyński to bring about the transfer of perpetual property usage rights in order to further carry out the work. For the reasons not explained at the time, the above activities were not carried out, which caused his concern, and the prolonged deficiency of action, concerns about further implementation of the investment. In the light of the above, he asked Jarosław Kaczyński to pay for his work to date, as well as to reimburse the costs incurred and pay for subcontractors, which was all the more urgent that Baker McKenzie presented a list of hours and the resulting financial commitments.
During the talks with Jarosław Kaczyński, he confirmed the fact of the order to execute the work and the willingness to pay. He besides indicated that appropriate papers had to be drawn up in order for payment to be made. Therefore, he asked Gerald Birgfellner to conclude an order agreement not with Silver sp. z o.o., which was the actual principal, but with Nuneaton sp. z o.o. sp. k., which was created as a peculiar intent vehicle in the meantime. He besides asked that Nuneaton sp. z o.o. be a subsidiary of the peculiar intent vehicle, Gerald Birgfellner issued an invoice as an economical operator, while asking that the partial invoice (approximately 50%) of the works carried out and the costs incurred be issued first and that this company issue a partial invoice for Silver sp. z o.o.
Following these instructions, acting again in full assurance to Jarosław Kaczyński as a associate of the immediate family, Gerald Birgfellner, who was appointed on the board of Nuneaton sp. z o.o. (completionary of Nuneaton sp. z o.o. sp. k.), concluded an order agreement (Development Management Agreement), prepared in cooperation with Baker McKenzie and in cooperation with Jarosław Kaczyński, who was equivalent to the arrangements made in May 2017 with Silver Sp. z o.o. Then According to Jarosław Kaczyński, who claimed that the undertaking would be paid immediately, he issued an invoice of EUR 369,000, i.e. 50 percent of the signed improvement Management Agreement I, the alleged first costs and the costs of invoices issued in connection with the work, to the entity designated by Jarosław Kaczyński, i.e. Nuneaton sp. z o.o. Nuneaton sp. z o.o. then made a reflection of any of these costs on the company Silver sp. z o.o. Then Gerald Birgfellner met Jarosław Kaczyński in this case in the face of the failure to pay. During respective talks held at the turn of June and July 2018, he obtained the following information. First, the right to usage perpetual property at ul. Srebrejna will not be transferred from Srebrąda sp. z o.o. to Nuneaton sp. z o.o. sp. k. Secondly, Gerald Birgfellner is not to apply for a decision on the building conditions. Thirdly, the investment is stopped, so Gerald Birgfellner is to halt any activities related to the project. Jarosław Kaczyński cited political interest as a justification. In his opinion, the investment would adversely affect the image of the Law and Justice candidate in the upcoming October local elections and parliamentary elections in 2019.
When Gerald Birgfellner asked to pay the invoice, he obtained information that Nuneaton sp. z o.o. sp. k. had no money due to the fact that its means were to be the value of the right to usage perpetual property, contributed as aport, and the funds derived from the negotiated debt with the Bank of Pekao S.A., for which Jarosław Kaczyński yet did not decide. It should be noted that the fact that the peculiar intent vehicle had no resources, Jarosław Kaczyński knew perfectly well. He besides knew that he would besides halt the debt procedure by stopping the investment. Thus, pointing out to Gerald Birgfellner, he was full aware that the charge would not be paid. In this situation, Gerald Birgfellner demanded that the undertaking be paid by Silver sp. z o.o., which was the actual chief and for which the work was done. Jarosław Kaczyński stated that he does not dispute the performance of the works, but Silver sp. z o.o. cannot cover the obligations of another entity if the contract is concluded by its daughter company. He besides stated that he himself would personally cover the commitment due to the fact that he knows that it exists, but he does not have any causative force to persuade the persons liable for making the payment in Silver.
On 11 July 2018, the power of lawyer of 6 June 2017 was delivered by Silver Sp. z o.o. Consequently, until present Gerald Birgfellner has not received any payment from Silver sp. z o.o. It should be pointed out that Baker McKenzie is now demanding that Gerald Birgfelner pay his salary.
Evidence: VAT invoice no. FA/1/2018, VAT invoice no. FA/2/2018, VAT invoice no. FA/3/2018, VAT invoice no. FA/4/2018, termination of the power of attorney, message by Gerald Birgfellner on the remuneration of Gerald Birgfellner, way of issuing invoices, termination of the power of lawyer to Gerald Birgfellner by Silver Sp. z o.o., property benefit of Silver Sp. z o.o. and its amount.
At the same time Jarosław Kaczyński took over all the documentation that allows to carry out the investment, i.e. the business plan with the final cost of the investment, the architectural project, draft contracts with Gleeds Polska sp. z o.o., Strabag sp. z o.o. and improvement Management Agreement, draft credit agreements with Pekao S.A. The documentation held by Jarosław Kaczyński allows at any time to initiate the procedure, which aims to get the decision on the conditions of the construction, and then to begin construction on the property at ul Srebrej 16.
Legal grounds
The criminal conduct described in Article 286(1) of the Code consists in bringing another individual to an adverse regulation with his or her own property. This behaviour may take the form of:
1. misleading;
2) usage of error;
(3) the usage of inability to decently realize the action taken.
"In a situation of confusion, the offender creates a false thought (disparity between reality) in the victim's consciousness, and in the event of an error, this discrepancy already exists, and the offender does not correct it, but uses this mistake to obtain, in order to get a property benefit, disadvantage to the injured property decision".
As a consequence of the criminal's conduct, it is an adverse regulation by property, own or others, by the victim. The familiarity with the adverse regulation is explained in the case law widely and goes beyond the civilian knowing of the word "Regulation". The ultimate Court concluded that: “The civilian law meaning of the Regulation does not find the explanation of that concept on the basis of the characteristics of the organization to the offence in question, as determined by KK. 286 §1. It has a circumstantial meaning, corresponding to the protection in question and refers to the widely perceived property position of the victim. Its adverse amendment may consequence in a regulation, understood as any exercise of possession of property, provided for by law, which shapes a peculiar legal state." The Regulation under Article 286(1) is so besides compulsory.
The case-law approves the view that a service of a remunerated nature may be the subject of fraud, which is linked to the request to bear costs and to anticipate profit. On the basis of the transport service, the ultimate Court concluded that: "(...) there is no reasonable reason to exclude the designation that the failure to pay within the contractually agreed time limit of the charge resulting from the contract of transport service will, on the 1 hand, be regarded as an undue asset advantage and, on the another hand, as an adverse asset regulation within the meaning of Article 286(1) of the KK. There is no uncertainty that the contractor of specified a service has suffered a certain direct failure of assets due to the performance of the service, which was linked to the tangible costs (although the fuel utilized for the service, paid to the employees, along with all its derivatives), and has not achieved the expected profit, and so its assets have not been enlarged.It’s okay. ” This means that, in the absence of payment for the service in question, Article 286(1) k.k. covers both harm to property (damnum ergens) and failure of benefits (lucrum cessans).
As far as the entity is concerned, the action under Article 286(1) of the Act is part of the intentional conduct of direction. It can so only be done with direct intent.
It should so be indicated that in the present case, fraud committed by Jarosław Kaczyński to the detriment of Gerald Birgfellner, amounting to EUR 1,300,000, which took place in the space from May 2017 to July 2018, acting in a continuous act. As part of this crime, Jarosław Kaczyński led Gerald Birgfellner to an adverse property regulation. The above fraud consisted in the introduction by Jarosław Kaczyński of Gerald Birgfellner's obligations in the form of Gerald Birgfellner's work and the costs incurred will be borne by him, and then, citing his position and ensuring that the obligations will be regulated, he pointed out that the invoices for the services rendered would be issued to another entity, Nuneaton sp. z o.o., knowing that the undertaking would not be paid by that entity, due to the fact that the entity did not have any financial means at its disposal and was not able to have any financial means at the same time, knowing that the issuing of the invoice thus prevented or impeded the recovery of claims from the actual debtor, that is Silver Sp. z o.o., and, consequently, for the full period mentioned above, acting in direct order to guarantee that the commitment to Gerald Birgfelnner was not to be regulated, and so making it impossible to recover claims from the actual debtor, i.e. Silver Sp. z o.o.o.o., and consequently, and consequently, in order for the intent of direct bringing Gerald Birgfellner to an unfavourable regulation with property and work of a full value of EUR 1 300 000, in order to get the property benefit of Silver sp. z o.o.
In the light of the above, I take it as a preliminary point.
Gerald Birgfellner
