Socfinco, Socfincom and four directors were prosecuted before the Brussels correctional court. The State Prosecutor accussed them, mainly, of the simulation of Socficom’s foreign registered office.
Since the start of the investigation in 2009, we have vigorously denied these allegations and have centred our defence, with irrefutable supporting evidence, on the complete absence of simulation, tax evasion or intentional fraud from our part.
We have equally asserted various grievances related to the illegality of the procedure, particularly because the document on which the entire preliminiary investigation and hearing is based, was inserted into the file fraudulently.
By its judgment dated 11 February 2016, the court accepted our arguments and declared the legal proceedings against the persons and entities of the prosecuted group inadmissable.
The court states that « The denuncation of 1 April 1997 transmitted by the Special Tax Inspection in violation of article 29, paragraph 2 of the Code of Criminal Procedure does not only constitute an essential document which would have guided the investigation and the legal proceedings but moreover (that) the circumstances surrounding its insertion into the criminal file show a blatant lack of loyalty ».
To our amazement we were just informed, taking into account the motivation of the judgment, that the public prosecutor’s office decided to lodge an appeal.
The case will thus be judged again by the Brussels Court of Appeal.