The Public Prosecution Service (OM) has demanded a four-year prison sentence against a 61-year-old man (hereinafter: main suspect) from the municipality of Aa en Hunze. He is suspected of bribery, tax fraud, and forgery.
A 58-year-old co-suspect from the municipality of Bernheze is suspected of being bribed by the main suspect, forgery, and laundering nearly half a million euros. The prosecutors demand a prison sentence of 24 months against him, of which eight months are conditional.
Both men have known each other since 2001 from the motocross world. The company, a supermarket chain, where the co-suspect was a manager, sponsored the main suspects team. In 2014, it became clear that the main suspect, a car dealer from Drenthe, used sponsorship funds for purposes other than motocross. After that, the co-suspect and his fellow directors informed the main suspect that the sponsorship and contact would be terminated.
Contact Continues
Nevertheless, the men continued to see and speak to each other after 2014. Their contact was concealed from the supermarket chain. They exchanged more than 1400 messages, met in the co-suspects workshop in Veghel, in a pub, at various supermarket locations, and also at the main suspects car dealership. Meanwhile, the main suspect was already a suspect in the extensive money laundering investigation Arville. The investigation Hille, which started in December 2020, has its origins in Arville.
On September 13, 2022, searches were conducted at the homes and workplaces of both the main and co-suspect. Nearly half a million euros in cash was found in the co-suspects house and workshop, including denominations of 100, 200, and 500 euros. The administration of both suspects was also seized. All of this ultimately led to a case in which four suspects must account for themselves in public: the main and co-suspect and two individuals who did not want to accept a penalty order imposed by the OM. Two other suspects did accept a penalty order.
Money Laundering
During the searches in the workshop and home of the co-suspect, more than 448,000 euros in cash was found, the origin of which is unclear. On behalf of the co-suspect, twelve statements have been submitted, providing explanations for where this money supposedly came from, leading to the belief that there is no suspicion of money laundering. The statements relate, among other things, to the sale of a Bentley, motorcycles, engine blocks, and gearboxes.
The OM believes that, with the exception of about 4,000 euros, there is indeed (habitual) money laundering, as many statements made are inconsistent, contradictory, and incorrect. It remains unclear who the specific buyers are and which parts were sold. For example, photos, bank statements, ownership papers, and agreements are missing. According to the OM, several mentioned dates of (alleged) transactions are also incorrect. The prosecutors therefore ask the court to declare a sum of about 444,000 euros of the seized cash forfeited, as it is suspected that this amount originates from crime.
Bribery
Over several years, a relationship has developed between the suspects, in which the main suspect (the company of) the co-suspect needed for sponsorship deals, even though the company no longer wanted this after 2014. The prosecutors state: “The suspects jointly devised constructions for the invoicing of sponsorship deals, so that it remained out of sight that the main suspect was involved and that the co-suspect received gifts in that context.”
The co-suspect was allegedly bribed by the main suspect with, among other things, cross motorcycles, cars, and special toolboxes. Additionally, 25,000 euros in cash was given, and a dubious arrangement was devised for the delivery of a low-loader. The co-suspect concealed all of this from his company.
Forgery and Tax Offenses
Both suspects are also suspected of forgery. The co-suspect is accused of having knowingly allowed false sponsorship invoices to be included in the administration of the supermarket chain and to have them paid out. This concerned, among other things, goods or money obtained privately by him.
The man from Aa en Hunze is further suspected of multiple tax offenses. This involves intentionally making incorrect income tax returns for himself and for VAT and corporate tax returns for his car dealership. It is alleged that tax fraud was committed for an amount exceeding €900,000. Furthermore, he allegedly committed mortgage fraud twice, according to the OM.
Quid Pro Quo
The OM sees that the main suspect has been continuously engaged in criminal activities from 2014 to 2022. ‘Quid pro quo’ must have been his thought towards the co-suspect, while he offered him one relationship gift after another. Just to benefit himself, disregarding the rules applicable to everyone.
The co-suspect has previously been strongly warned about his ties to the main suspect. Nevertheless, he did not sever them. For the OM, it remains unclear why. The prosecutors characterize his actions as flagrant indifference towards the legal system, showing “a lack of respect for judicial authorities.”
Code Yellow
The co-suspect used his position at the supermarket group to benefit himself. This brought discredit to his company. He acted contrary to the companys code of conduct, the Code Yellow, and the regulations on bribery and corruption contained therein. It states, for example, that one must work completely transparently in sponsorship. ‘Everything is recorded openly and honestly in the books’, it can be read.
That this manager acts in violation of a code that he himself imposed on the employees is, according to the prosecutors, extraordinarily serious. “Especially when considering that he pointed out to the employees the importance of that code in a video message.”
Tuesday afternoon and Thursday morning will focus on the pleas of the lawyers. Subsequently, the OM and defense can briefly respond in rebuttal and rejoinder. The two suspects will finally have the last word.
The court of Noord-Nederland will announce when it will deliver its ruling in this case after the substantive hearing.