WHAT ARTICLE IS BEING READ BY GERMAN PROSECUTORS LAID OVER AT THE DUSSELDORF AIRPORT

GERMAN CRIMINAL LAW AND THE FINANCIAL CRISIS

Excerpt from the German Criminal Code:

"Section 264a Capital Investment Fraud

(1) Whoever, in connection with:

1. the sale of securities, subscription rights or shares intended to grant participation in the yield of an enterprise; or

2. an offer to increase the capital investment in such shares,

makes incorrect favorable statements or keeps unfavorable facts secret in prospectuses or in representations or surveys to a considerable circle of persons about the net assets in relation to circumstances relevant to the decision [emphasis added] about acquisition or increase, shall be punished with imprisonment for not more than three years or a fine.

(2) Subsection (1) shall apply accordingly if the act is related to shares in assets which an enterprise administers in its own name, yet for the account of a third party.

(3) Whoever voluntarily prevents that the benefit contingent upon the acquisition or the increase is produced on the basis of the act shall not be punished pursuant to subsections (1) and (2). If the benefit is not produced due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the production of the benefit. "

WB7: Was there a "breach of trust" at IKB or a "capital investment fraud" committed by Goldman Squid?

Related reading: German Bankers Stonewall