Second Trial Against Benko: Cash, Jewelry, and Watches Allegedly Hidden

In addition to the 48-year-old, his wife Nathalie also has to answer before the jury court. Both are accused of having concealed 370,000 euros in assets during Benko's insolvency as a sole proprietor. Cash, jewelry, and high-priced watches are said to have been hidden in a safe at relatives' homes. The prosecution saw the offense of fraudulent bankruptcy, which the defense denied. The two defendants waived making statements.

He declared "not guilty," Benko stated in his interrogation after the pleas of the Economic and Corruption Prosecutor's Office (WKStA), briefly but emphatically. He referred to the written counterstatement submitted by his lawyers, which he had meticulously prepared with them: "I raise it here as my statement." He said he was seeing his wife for the first time today since his imprisonment in January of this year, the 48-year-old said emotionally affected. Due to media pressure, he did not want to make any further statements.

Nathalie Benko also did not want to comment further in view of the "enormous pressure" at the trial and, like her husband, referred to a written statement. The 42-year-old also pleaded "not guilty."

WKStA: "Close Temporal Connection"

According to the Economic and Corruption Prosecutor's Office (WKStA), there was a "close temporal connection" between the installation of the safe in the house of Nathalie Benko's uncle and aunt in the Tyrolean Oberland on March 11 and Benko's insolvency application just five days earlier. During the investigations by the insolvency administrator, it was noticed that watches, for which there were insurance documents, did not appear in René Benko's asset register. A former security employee of the family finally provided the hint of a possible safe outside the villa - which the senior prosecutor described in his opening statement as "the best-secured place in Austria" due to a safe room. During a house search, investigators "indeed found" the safe in the basement, hidden behind boxes.

The public prosecutor described René Benko's behavior after his arrest as "astonishing" when he was questioned about the assets in question. At first, he did not comment, but several weeks later he submitted a written statement. According to this, he had given four watches to his six- and eleven-year-old sons for Christmas in 2021 and had "occasionally borrowed" them afterwards. However, pictures of the Christmas celebration showed "age-appropriate" gifts for the boys, and Benko was wearing one of the watches himself on December 25. Other watches were intended for auction at a charity event. The watches and cufflinks were said to have been worth 250,000 euros. The 120,000 euros in the safe, Nathalie Benko - who described herself as a "full-time mom" and shook her head at the prosecutor's statements like her husband - had saved as household money. Whether this was "credible" now had to be decided by the court.

Wess: "Science-Fiction, Hocus Pocus"

Benko's defense lawyer Norbert Wess, in his opening statement, harshly criticized the Economic and Corruption Prosecutor's Office and requested an acquittal. The allegations were false, and there were no objectively incriminating or concrete pieces of evidence in the indictment. "From page ten, it becomes science fiction." And repeatedly, Wess emotionally stated: "This is hocus pocus." "This is a prime example of how not to indict and should not be allowed to indict," the defense lawyer also recorded. The investigative authority should have "openly weighed all pros and cons," emphasized the Vienna lawyer. None of this was considered. Furthermore, the indictment completely ignored the year 2021 - when the gifts were supposed to have been given - a year in which Benko was "at the peak" professionally and economically. At that time, all family members were given gifts, and they were indeed "usual gifts." Moreover, the uncle and aunt testified under oath that their niece only wanted to "separate" her valuables and store them with them due to an upcoming move. Her husband, however, was not involved in any way, they testified. Thus, and due to many other facts, it was clear that there was never a so-called "joint plan of action."

"In Court, It Should Be About Knowledge"

Attributing all the valuables and cash in the safe to René Benko is simply objectively wrong. Part of the indictment also consists of inaccuracies. The indictment is largely about belief, but not about knowledge: "In court, it should be about knowledge."

Just as Benko gave a "life ring" to mother and daughter, he also gave something to his daughters - as a "tangible memory" of their father, as stated in the written counterstatement, which Wess repeatedly referred to and which was created with Benko's active assistance. Of 16 high-priced watches, several of which went to his insolvency administrator, he had previously selected some "in an emotional moment" in 2021 and given them to his sons. In one or two cases, he also "strapped on" a watch himself afterwards. Such gifts to a six-year-old or an eleven-year-old are "quite normal in a family context." One gives gifts with a long-term perspective. It does not mean that the watches are worn immediately or have to be worn.

Regarding the cash, it is by no means an "emergency cash reserve" or a "nest egg." Rather, it is household money or savings, i.e., funds from Nathalie Benko, which were largely set aside years ago.

The Signa founder had vehemently denied the allegations before the trial. His wife has not yet defended herself. Both defendants face one to ten years in prison if convicted.

Mrs. Benko's lawyer, Michael Hohenauer, described the WKStA indictment as "inadequate and flawed." The "foundation" of the indictment - a conversation between the Benko couple in which they allegedly devised the "plan" - "never took place": "It is completely fabricated." Furthermore, Nathalie Benko acquired the safe to secure "her most valuable items," namely seven diamond rings worth 5.5 million euros, during a move. The rings were not part of the indictment but were kept under lock and key by the WKStA. The Tyrolean lawyer vehemently criticized that these rings and other confiscated personal items, such as a hard drive with family photos, have still not been returned to her, even though they "undeniably" belong to Nathalie Benko.

Mrs. Benko is seeing her husband today for the first time, and it was also "forbidden" for them to talk on the phone, said Hohenauer: "Every serious criminal talks to his wife. The two have three children together, so there is much to discuss."

Second Trial Against Benko: Large Media Turnout

As in the first bankruptcy trial against the fallen former billionaire, the media turnout was extremely large this time as well, both before and in the large jury courtroom of the Innsbruck Regional Court. Around 50 journalists - including from abroad - gathered in the hall, along with numerous photographers and camera teams. When Benko, who is in pre-trial detention, was led into the courtroom by security officers - again without handcuffs - a minute-long flash storm descended on him. The 48-year-old is visibly marked. Wife Nathalie only entered the courtroom after the photographers and camera teams had to leave the jury courtroom.

Verdict Possibly Already Today

The jury trial, chaired by Judge Heide Maria Paul, is scheduled today from 9:00 a.m. to 6:00 p.m. A second day of hearings is set for December 16. However, a verdict could be reached today. Benko was sentenced to two years in prison in a first bankruptcy trial in his hometown in October - not yet legally binding. He was found guilty regarding a 300,000-euro gift to his mother. In a second charge concerning an advance payment of rent and operating costs amounting to 360,000 euros for an Innsbruck property, the former entrepreneur was acquitted. Both Benko's lawyer Wess and the WKStA have filed appeals against the verdict.

(APA/Red)

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