The influential businessman has recorded a turnover of 70 million with his deal with ČEZ.

Renowned energy businessman Martin Schener sits on the dock again. As Aktuálně.cz discovered, the appeals court overturned the acquittal in a closed hearing. Entrepreneurs have to answer again about potential tax cuts. According to prosecutors, the state sold three of his companies to ČEZ, the leader of a para-state company in the energy sector, from which he embezzled 76 million crowns.Shenner has long denied the guilt.

Martin Shenar received 515 million crowns in this transaction. First, he acquired three of his companies that had projects ready for the construction of solar power plants. ČEZ then sold them for the aforementioned amount. The company sent him the money in several installments over a period of two years. According to Petra Ulliková, chief prosecutor of the High Public Prosecutor’s Office in Prague, Chenard broke the law during the deal.

“However, he was not aware of the income received in connection with the sale of these shares, which led him to reduce personal income tax to the detriment of the Czech Republic,” the indictment explains. The treasury ended up losing his 76.59 million crowns. Shenner faces up to 10 years in prison for the crime.

The Prague City Court is the first instance in Siener’s case. The last time he made a decision about the businessman was last May, when he acquitted him without permission. According to Judge Tomme Frankic, no crime has been proven. Plaintiff Ulrich opposed the judgment on appeal. And, as Aktuálně.cz discovered, the Supreme Court of Appeal in Prague granted it in a closed hearing.

acquittal overturned

“The judgment of the High Court of Prague vacated the judgment of the District Court of Prague which acquitted defendant Schener of the charges brought against him for tax reductions, fees and similar obligatory payments. We can confirm.” Prosecutor Ulricovar told Aktuálně.cz: Shenner is expected to receive an appeals verdict, including reasons, in the near future.

A lower court’s ruling that prosecutors failed to ascertain the nature of the case was not upheld in the high court. According to her, Shenar acquired three companies in 2009. As evident from the contract, he agreed to sell them the same year as his ČEZ. However, the laws in force at the time did not allow him to carry out such transactions tax-free until five years later.

However, the businessman claims to have acquired the company in 2007. Several witnesses support his claims. The fundamental difference was that until the end of 2007, laws were in force in Shenara’s favor. According to him, a stock transaction could be exempt from taxes if the stock purchase and subsequent sale were separated by at least six months. Sienna meets such conditions.

Possibility of Incredible Statements

“The Supreme Court particularly emphasized that the Prague District Court evaluated the evidence presented on an individual basis, rather than interrelating it. It can be explained by evidence,” he said. Plaintiff Ullrichová explained why the appeals court overturned the acquittal.

First-instance Judge Tome Frankic conceded in his judgment that while some of the statements in support of Chenaro’s argument may not be credible, this should not be reflected in the overall evaluation of the evidence. , the Appeals Committee sent the case back to its lower-level colleagues for a new hearing.

“The Supreme Court of Prague has ruled on the initiative of the prosecutor’s appeal. This is the second time in this case,” Simona Heranová, spokeswoman for the appeals court, told Aktuálně.cz. The Prague City Court acquitted Shenara for the first time in February 2020, and an appeals court overturned the verdict last February. So the whole cycle was repeating.

Attorney for “Litig”

“I would never take a risk to save taxes or risk prison for money,” Shenner previously said in court. According to his words, he had already paid hundreds of millions of crowns in taxes to the state. For the businessman, the acquisition of the aforementioned company was managed by the law firm formerly known as Shahatta & Partners, which worked with politician Ive Rittig.

Lawyers Karolina Babakova and Ivo Litig.

Lawyers Karolina Babakova and Ivo Litig. | | Photo: CTK

In this case, Shenara is represented by Karolina Babakova of the aforementioned law firm, which has been called MSB Legal for the past decade. At the same time, Babaková joined the board of directors after her three aforementioned companies were acquired by her Shenar. Additionally, she managed a company that produced financial statements. Plaintiff therefore wanted to exclude her from her defense and summon her as a witness, but the court denied this.

In the past, Shenar served as Chairman of the Board of Directors of Amun.Re. The Amun.Re company signed another contract with her ČEZ, which was of interest to criminal investigators. The country’s largest energy company has sold two solar power plants near Ralsko and Mimon for 5 billion crowns, but allegations suggest that the CEZ has sold it for 1 billion crowns because of prices that are too high. should have lost However, the police dropped the case.

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