Page 178 - Carte Falimentul BIR
P. 178

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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