"Straw mom"
Benko: The background to the lawsuit against the mother
The case surrounding Austria's best-known bankrupt is going from strength to strength: Andreas Grabenweger, René Benko's administrator from the Innsbruck law firm CHG, is now taking legal action against Ingeborg Benko, who set up several foundations with the failed real estate entrepreneur. The background.
As reported in the previous week by "Krone" and "News", the venue for the legal dispute is the Innsbruck regional court. Insolvency administrator Andreas Grabenweger has filed a comprehensive lawsuit with the support of his partners at CHG. The plaintiffs are now commenting on this for the first time.
"Trust in the rule of law is at stake"
Dietmar Czernich considers Benko's approach to be questionable: "Trust in the rule of law is at stake. Concealing assets by setting up private foundations while at the same time incurring high debts cannot be reconciled."
Was the mother just a front?
The hunters of the lost Benko treasure have concrete suspicions that the 47-year-old Tyrolean, who has officially been living on 3,700 euros a month since the opening of bankruptcy proceedings, may have transferred assets to his foundations in Austria and Liechtenstein. Both the Laura Private Foundation in Innsbruck and the INGBE Foundation in Vaduz list Benko's 74-year-old mother Ingeborg as a co-founder and - unlike her son - a beneficiary. Ingeborg Benko, a retired kindergarten teacher, is classified as a straw woman for her son René.
As such, she has now been targeted by the Innsbruck lawyers, as Daniel Tamerl, an expert in corporate law, explains: "The lawsuit is directed against René Benko's mother. We want to prove in the proceedings that she was merely put forward as the first founder." For the legal experts, it is incomprehensible how the mother, as the founder, should have been in a position to have such sums at her disposal and to be able to transfer them.
Possible concealment of assets
The lawsuit, which also includes an application for an interim injunction, seeks a court order prohibiting Ingeborg Benko from continuing to exercise her rights as founder. Benko's trustee in bankruptcy wants to crack open the foundations and gain access to the assets on behalf of the many creditors. Andreas Grabenweger explains: "The proceedings will show to what extent the legal institution of the private foundation can also be used to conceal assets in the future."
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