Expatriating Assets Illegal?
am 08.05.2005 von http://www.recht.us/amlaw
CK - Washington. Lawyers who assist Germans in establishing a business in the United States with assets from a German business may possibly become ancillares to a German crime that consists of selling or removing assets from the reach of potential claimants. The criminal provision, Vereiteln der Zwangsvollstreckung, requires an intent to defeat the satisfaction of creditors and a threatened execution.
The threat of execution is ordinarily considered an imminent or, at least, highly likely, execution of a judgment that finalizes a claim raised by a creditor against a debtor. A recent Berlin judgment in the matter 8 U 160/04, issued February 2, 2005, goes far beyond that interpretation. The Lichtenrader Notizen blog questions whether the court really meant that §288 of the Criminal Code may be deemed to apply to any potential claim. On its face, the decision does not require any active pursuit of the claim by the creditor--no dunning letter, no filing of a complaint, no petition for a judgment, no holding of an executable title, and no steps for the enforcement of a judgment.
Vertretbar Weblawg questions the constitutionality of the decision in light of Art. 103(2) of the Basic Law. The decision appear dangerous …
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» Lichtenrader Notizen: Vereiteln der Zwangsvollstreckung - ein scharfes Schwert bei Vermögensverschiebungen
» Vertretbar Weblawg » KG Berlin: drohende Zwangsvollstreckung auch ohne Vollstreckung denkbar
» Art. 103 GG
» § 288 StGB Vereiteln der Zwangsvollstreckung
» Microsoft Word - 8 U 160_04 Urteil vom 21.02.2005
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