The case of Piotr Kaszubski, hailed as “the youngest Polish millionaire”, who was accused of fiscal crimes for nearly four million zlotys, is being launched before the Warsaw district court. The first hearing is scheduled for December 1. The defense lawyers, however, demand that the case be discontinued.
As reported by PAP, the press section of the District Court in Warsaw, a preliminary hearing in this case was held at the District Court of Warszawa-Mokotów on Wednesday. “The first date of the hearing is scheduled for December 1 this year.” – informed the court.
Next to Kaszubski (he agreed to publish his name), his “right hand”, Mikołaj D., will sit on the defendants’ bench. he managed companies and supervised financial matters.
Fraud or tax crime? Defenders want redemption
– I have applied for the court to consider the discontinuation of these proceedings. In my opinion, there is a negative procedural premise, i.e. the lack of consent of the authorized entity to prosecution, Kashubian defender Rafał Rogalski told PAP. As he recalled, his client was issued on the basis of a European arrest warrant by Austria, but the local court agreed to prosecute for certain offenses. He added that the offenses alleged in these proceedings are not subject to the consent of the court in Vienna and – in his opinion – there is no consent to prosecution.
Moreover – as Mr. Rogalski said – the prosecution should decide which version it adopts “in terms of the legal and criminal assessment of the behavior” of its client. – Tax crimes were accused in this case (…). If we assume that Kaszubski has committed crimes classified as fraud, then how does this relate to tax crimes. There is a contradiction here – the attorney remarked, recalling a parallel case concerning the suspicion of fraud.
Also the defense attorney of Mikołaj D. attorney Jan Mydłowski confirmed that the defense had filed motions to discontinue the proceedings until the end of another case conducted by the investigators or the suspension of the proceedings and possible examination of the cases jointly.
– The prosecutor’s office believes that in one of the ongoing proceedings, the accused allegedly committed fraud to the detriment of the people who purchased the products. And if they were to be fraudulent, we cannot expect this money to be taxed. This money should be returned to the aggrieved sooner than it should be taxed as the object of the crime, argued attorney Mydłowski.
The court is to consider the defense motions at the session scheduled for December 1. – The court indicated that it would then consider this issue and that either a hearing to discontinue the case would be held or that a trial would commence – emphasized Mr. Rogalski.
The indictment in this case went to court in November last year. In it, the prosecutor’s office accuses Kashubski of not disclosing to the tax authorities the subject matter and the tax base, and of not submitting a declaration of income earned. According to investigators, in 2014 the man earned PLN 5.9 million, of which he should pay almost PLN 1.9 million in tax, and in 2015 he earned an income of over PLN 4 million, of which PLN 1.3 million should go to the State Treasury.
According to the prosecutor’s office, Kaszubski concealed self-employment by using other economic entities that he actually managed. He is threatening him with up to 10 years imprisonment and heavy fines.
Prosecutor’s Office: 174,000 victims for PLN 28 million
In the case of Kaszubski, the prosecutor’s office is also conducting other proceedings. It concerns frauds in the sale of dietary supplements, whitening toothpastes and cosmetics. Investigators estimate the number of victims at 174,000. people, and the amount of fraud at PLN 28 million.
In connection with this investigation, a European arrest warrant was issued for Kashubian in September 2016. On its basis, he was brought to Poland from Austria, where he was hiding.
In the course of the investigation, the prosecutor’s office gathered additional evidence and wanted to complete K.’s charges. The provisions state that in order to perform such an action, the Polish judiciary requires consent from the state that agreed to surrender the suspect. The Austrian court at first instance agreed to supplement K.’s charges, but the appellate court did not agree.
Main photo source: TVN24