Success before the OLG Hamm [Hamm Higher Regional Court] for the Service Provider of the OneCoin-Companies
The Amtsgericht Münster [Münster Local Court] imposed seizures running into millions of the assets of the North Rhine-Westphalian service provider of the OneCoin-companies that was acting for OneCoin across Germany at the request of the Staatsanwaltschaft Bielefeld [Bielefeld Public Prosecutor’s Office] already in April 2017. Again and again, in cases our Law Firm contested these seizures based on legal remedies, the law enforcement authorities marginally changed the decree for the seizure and then issued a “new text” of the seizures. This also led to the fact that the legal remedies just for formal grounds led to nothing over long periods. We complained of this approach in written form on several occasions. Moreover, we consequently contested the Decisions dated 09.02.2018 and 10.07.2018 by the Landgericht Münster [Münster Regional Court] based on the legal action of appeal. Following a so-called “further complaint” the 3. Strafsenat [3rd Criminal Division] of the Oberlandesgericht Hamm [Hamm Higher Regional Court] on the 10.11.2018 repealed the Decision of the Amtsgericht Münster [Münster Local Court] from April 2017 and the modified Decisions of the Landgericht Münster [Münster Regional Court] dated 09.02.2018 and 10.07.2018 of some 3 million euros. The State Treasury was ordered to bear the costs of the appeal proceedings and the attorneys’ fees of the company. At literally the last moment before the announced and already foreseeable, annulling Decision, the Public Prosecutor’s Office sought to prevent such a decision by obtaining a new arrest order through the Amtsgericht Bielefeld [Bielefeld Local Court]. In particular, the Division clearly affirmed the only exceptional interest in establishing the illegality. The Decision states as follows: “A legal interest in bringing proceedings cannot be denied. In particular, the legal remedy has not become obsolete under procedural aspects due to the new arrest order of the AG Bielefeld [Bielefeld Local Court]”. Thus, the attempted move by the Public Prosecutors’ Office failed. The OneCoin-companies regard this important, fundamental and correct Decision as important success. In addition, they will firmly fight and contest all future arrest orders, based on all available legal means.