- The prosecutor’s spokeswoman said Barbara K., in the opinion of the prosecutor’s office, had grossly ignored her duties, ignored information about Amber Gold’s criminal activities and did not carry out many activities that were clear. from the point of view of the study.
- According to the prosecutor’s office, the result of negligence was the ability to continue Marcin P.’s criminal activities.
- According to Lidia Tkaczyszyn, the prosecutor ignored the information provided by the Polish Financial Supervision Authority that the company was banned from operating in the form of gold storage, which was to ensure the coverage of obligations to customers
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The Legnica District Prosecutor brought an indictment before the Gdańsk-Północ District Court in Gdansk against prosecutor Barbara K., who conducted and controlled the proceedings in the Amber Gold case in 2009-2012, immediately after the notification was submitted by the Polish Financial Supervision Authority – informed PAP spokesperson for the PO in Legnica, prosecutor Lidia Tkaczyszyn. She indicated that the case was transferred to the PO in Legnica in 2017.
The spokeswoman added that, in the opinion of the prosecutor, Barbara K. had grossly ignored her duties, ignored information about Amber Gold’s criminal activities and did not carry out many activities that were clear from the point of view of the investigation. . – As a result, it led to the continuation of criminal activities by Marcin P. and the company Amber Gold under his leadership, whose actions led to the unfavorable disposal of the property of nearly 19 thousand. people – emphasize them.
According to the PO in Legnica, in the three years that Barbara K. conducted and supervised the Amber Gold investigation, the company concluded about 50,000 transactions concerning the so-called gold deposits worth more than 800 million PLN. – As a result of the criminal practice, many injured lost their entire life savings – was noted.
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It was recalled that the verification procedure in the Amber Gold case was initiated in December 2009 at the request of the Polish Financial Supervision Authority. In the notification to the prosecutor’s office, the Commission informed that the president of the company, Marcin P., is carrying out an activity consisting of collecting funds from clients without permission. She also pointed to the suspicion of committing a crime consisting of leading Amber Gold clients to remove their property unfavorably.
As Tkaczyszyn explained, Barbara K., who was in charge of the procedure, refused to start an investigation after a month, without sufficient analysis of the facts presented in the notification. – The decision was based, inter alia, on publicly available information about the company’s offer posted on its website – indicated PO in Legnica. In the decision to refuse to initiate an investigation, she ignored, according to a spokeswoman for the Legnica office, the problem of possible fraud to the detriment of Amber Gold’s clients.
The decision was withdrawn by the district court in Gdańsk following a complaint by the Polish financial supervision authority. However, the finally initiated investigation was continued carelessly – assessed the PO in Legnica. – Contrary to the court’s decision, Barbara K. did not investigate whether Amber Gold had sufficient funds to cover clients’ liabilities, or how it generated profits that allowed the payment of high interest on accepted deposits – underlined .
According to Tkaczyszyn, the prosecutor ignored the information from the Polish Financial Supervisory Authority that the company was banned from operating in the form of gold storage, which would guarantee the coverage of obligations to clients, such as the fact that Marcin P. in the past criminal charges were subject to fraud. – Moreover, they do not verify the credibility of his testimony. In August 2010, she stopped the investigation, and found that no crime had occurred – added.
The decision was upheld by the court again following a complaint lodged by the Polish Financial Supervision Authority. – Despite further disruptive information, incl. about the fact that Amber Gold did not file financial statements and the lack of tax regulations, prosecutor K. suspended the procedure – recalled the PO in Legnica.
– In the opinion of the prosecutor, Barbara K. also committed errors by not issuing a decision on the transfer of accounting and financial documentation by the company, which only another prosecutor did in her absence – explained Tkaczyszyn. It did not respond to the delay in providing this documentation and appointed a legal auditor, despite the lack of documents enabling him to provide advice; at the same time she has informed her superiors about the date of issuing such opinion – adds the spokesperson.
Tkaczyszyn pointed out that Barbara K. also ordered Amber Gold’s lawyer to provide copies of documents from the proceedings, although he was not a party to the proceedings, “which could have contributed to the loss of evidence and hindered the proceedings. . “
Consent to prosecute Prosecutor K. for the crime of non-compliance with obligations and abuse of power was issued in May 2018 by the Disciplinary Tribunal at the Office of the Prosecutor General in Warsaw, following an investigation into the application of the district prosecutor in Legnica.
Despite Barbara K.’s dismissal, the decision was upheld by the Supreme Court. The suspect faces up to three years in prison.