Page 160 - Carte Falimentul BIR
P. 160

5. It is notorious that the owners of the liquidation company "Asset Reconversion
               and Valuation", lawyers Arin Stănescu, Călin Andrei Zamfirescu, together with
               BNR Deputy Governor Mihai Bogza, have themselves initiated normative acts to
               facilitate their criminal activity (GO no. 79/1999, GEO No. 186/1999, GEO No.
               118/2000) issued by violating some constitutional provisions.

               Also, there should be mentioned the fact that the Romanian Government headed
               by  Mr.  Mugur  Isărescu,  10  days  before  the  Bucharest  Court  started the
               bankruptcy of BIR, issued GEO no. 118/30 June 2000 approving a loan to the
               Bank Deposit Guarantee Fund.


               How was it possible for Mr. Mugur Isarescu to know - on June 30  2000, that the
                                                                                        th
                                                                        th
               Bucharest Court would pronounce on July 10   2000 (ten days later) the
               bankruptcy of BIR?


               Here is another proof that the BNR, this time with the obvious complicity of the
               Romanian Government, has premeditated the bankruptcy of the International
               Bank of Religions!

               6. The violations of the law regarding the manner in which the management of
               BNR  and  the  liquidators  Arin  Stănescu  and  Calin  Zamfirescu  organized  and
               liquidated the  Romanian banks constituted offences falling under art. 10,  art.
               11(1) and art. 17 of Law no. 78/2000 on the prevention, detection and sanctioning
               of corruption, as well as in art. 127 index 3 (1) of the Law no. 82/2003, for the
               approval of GEO no. 38/2002 regarding the modification and completion of Law
               no. 64/1995 on the   procedure of judicial reorganization and bankruptcy,
               republished in OJ no. 1066/2004.


               Further on we draw attention on extracts from Law no. 64/1995, completed and
               amended, relevant to the case:

               art. 142 (1): The offense of fraudulent management, provided in art. 214 par. 1 of
               the Criminal Code, shall be punished by imprisonment from 3 to 8 years when
               committed by the administrator or the liquidator of the debtor's property, as well
               as by any representative or assigned person.


               art. 143 (1): the appropriation, use or dealing on by the administrator or liquidator
               of the debtor's property, as well as by any representative or assigned person, of
               the money, valuables or other assets which he manages or administers, represents
               the offense of embezzlement and is punished by imprisonment from one year to
               15 years and the prohibition of certain rights.

               (2) if the embezzlement had particularly serious consequences, the punishment is
               imprisonment from 10 years to 20 years and the prohibition of certain rights.




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