Page 174 - Carte Falimentul BIR
P. 174

All this happened under the protection and with the knowledge of the syndic
               judge Negru Cristina and other magistrates, while it remains a curiosity that after
               the initiating and supervision of the BIR bankruptcy in the first years, Mrs. Negru
               Cristina was promoted as judge of the Bucharest Court of Appeal - perhaps as a
               reward.

               Article 105 paragraph 2 The Code of Civil Procedure provides that:


               "The acts performed with the non-observance of the legal  forms or by an
               incompetent official shall be declared null ... if this has caused the party an injury
               that can only be removed by revoking them ..."

               7. Based on the numerous memoirs of the Romanian and foreign shareholders of

               the International Bank of Religions and their own findings, the Committees for
               the Survey of Abuses and Fighting Corruption in the two Chambers of Parliament
               elaborated, as stated above, a Joint Report on the Fraudulent Bankruptcy of the
               International Bank of Religions, which was submitted to the Permanent Bureaus
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               of the two Chambers of Parliament, on September 21  2004.
               Although it was submitted to the two Permanent Bureaus of the two Chambers in
               order to be debated and approved by Parliament's Plenum after putting in place
               of the new political power, in 2004, this Joint Report now lies in the drawers of
               Parliament. The Parliament leadership, at the time, has easily given up to the
               desperate pressures applied by Mugur Isarescu, the National Bank of Romania
               governor.


                A similar situation occurred regarding the annulment appeal, promoted by the
               Romanian Prosecutor General in the case of BIR bankruptcy, which stated that:

                "The sentences were pronounced with the essential violation of law, which led
               to the wrong decision of the case, and that they were obviously not sound" .


               The  appeal was dismissed by an  agreed pre-deliberation at the "Café Olé"
               Restaurant in Bucharest - behind the "White Church" (volume II of Parliament's
               paper). Enigmatic is the information that the Chairman of the Court (Eugenia
               Lohan) has postponed the pronouncement because she wasn’t willing to accept a
               bribe that was paid half a dollar and a half in Romanian currency, as Valeriu
               Stoica and liquidators tried to pay. The appeal dismissal was pronounced only
               after the bribe was fully paid in hard currency!

               It is worth mentioning that, in 2003, the former Minister of Justice, Ms Rodica
               Mihaela Stănoiu, informed in writing Mr. Dan Lupaşcu, Secretary General of the
               Superior Council of Magistracy and President of the Bucharest Court of Appeal,
               that:




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