Page 178 - Carte Falimentul BIR
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payment by the Deposit Guarantee Fund in the banking system of an amount of
approximately ROL 1.900 billion.
Analyzing the evolution of events, the following are to be mentioned:
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- on January 15 2000, BIR did not face difficulties with a net positive asset of
ROL 186.2 billion and an immediate liquidity of ROL 1,046 billion;
- However, the BNR imposed special supervision on it, restricting its object of
activity, (prohibiting the attraction of sources, banning credit granting, banning
timetable evaluation, rescheduling etc.), measures which led to massive
withdrawals of sources and to the large customers that left the bank. And, finally,
the measures led to the decline in net assets, which from positive, at the
beginning of January 2000, became negative (minus ROL 18.7 billion) on March
31th 2000.
- what doubt can there be about the fact that instituting the special surveillance
over BIR in January 2000 was not done only with the purpose to prepare the
conditions for declaring bankruptcy?
- after the BNR acted in bad faith to create an image crisis for BIR and
deteriorate its indicators, the BIR's legal steps to obtain a credit could no longer
have an effect, because the National Bank of Romania itself did not intend to
support BIR, but just to initiate bankruptcy proceedings.
This fact is confirmed, as it was shown, even by the GEO Notification no. 118,
prepared as early as March 2000.
The BIR interventions were meaningless for BNR, and taken even as a mockery,
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so on June 30 2000, BNR issued Government Emergency Ordinance no. 118 by
which the Romanian Government approved the granting of a loan of ROL 1,500
billion to the Guarantee Fund, for the bankruptcy to be initiated.
12. The BIR's premeditated bankruptcy case is undoubtedly a legal monstrosity.
All abuses and flagrant violations in this case have been committed by the
magistrates in bad faith and/ or willful misconduct, resulting in serious harm to
BIR shareholders and creditors.
According to the National Anticorruption Department, by Directive dated
on February 04 2008, the damage caused to BIR shareholders rises to over USD
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400 million.
Through numerous memoirs, the case has been brought to the attention of
all European authorities. Some of the amendments referring to the high level
corruption, in the European Commission's 2004 Country Report on Romania,
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