Proceedings against discount company partly stopped, prospectus issue and claims after civil decisions stay!
A good start to the week, an update on the current status of the Lyoness case. As you already know, the Austrian criminal proceedings, case number 14 ST 25/15t, formerly 14 ST 17/12m, were terminated as a sign of “bankruptcy by the Austrian judiciary” (see also www.bekm.eu/aktuelles of 22.04.2016).
This decision has no effect on your claims. Lyoness is trying to make believe their business practices are legal after this termination. THAT IS NOT TRUE! In the decisive civil proceedings, these still constitute a “pyramid scheme”, all available legal remedies tried by Lyoness weren´t successful, even though they went right to the court of last instance.
This is proven by more than two dozens of high-court final decisions. We haven´t chosen the way of criminal proceedings against Lyoness because we were primarily interested in the payment of funds to the aggrieved Lyoness members.
The Prosecutor´s Office is still investigating due to suspected violation of the Capital Markets Act. The authority considers the down-payments system requires to publish a prospectus, Lyoness also demanded the termination of the proceedings. The Higher regional court snubbed this request. (on April 19, 2016)
On April 20, 2016, we presented a disciplinary complaint in accordance with Art. 37 against the Prosecutor´s Office Against Economic Crime and Corruption / Decision 22 BS 5/16w of April 12, 2016 in criminal matters regarding Lyoness: Case number 14 ST 25/15t formerly 14 St 17/12m. The Senior Public Prosecutor´s Office in Vienna entered this complaint under the case number Jv 3637/16m-17. The grounds of complaint are extensive and will be filed in the next days (see www.bekm.eu/aktuelles of April 22, 2016). The accusations are grave enough and at first glance, they seem to be presumptive, but if we take a closer look, it all makes sense.
The more so as “dark clouds” are gathering against Lyoness, as Lyoness won´t be able to pull off in Germany what they´ve done in Austria.
The company BE Konfliktmanagement is “spending money” – currently € 18,000 – and will take Lyoness to court in Germany. German legislation is more explicit than Austrian and we don´t expect to find lots of fans of the soccer club “Rapid” in Germany´s public prosecutor´s offices. We have invested so much work into this that we won´t rest until all our clients have gotten back their money.
We promise to hang on – we´re committed to this!