The 5 findings that will determine Bernie Ecclestone’s fate: F1 boss’s trial in Munich draws near

F1 boss’;s trial in Munich draws near

By: Christian Sylt, editor of Formula Funds (www.formulamoney.com) on March 18, 2014

Under Bernie Ecclestone's leadership, Formula One has become the most-watched racing series on the planet.

LAT PHOTOGRAPHIC – Below Bernie Ecclestone’;s leadership, Formula 1 has become the most-watched racing series on the planet.

Formula A single boss Bernie Ecclestone has been in the driver’;s seat for so prolonged that his name has become virtually synonymous with the enterprise behind the race series. He has driven F1’;s development in emerging markets, designed its trackside advertising offerings and, thanks to the tv offers he signed, F1 has become the world’;s most-watched yearly sports series with 450-million viewers in 2013.

Soon after virtually forty years at the wheel, you may have “>Los Angeles car showthought Ecclestone’;s position would be much more safe than ever but in truth he now faces perhaps his greatest challenge.

Ecclestone’;s loved ones wealth comes from selling a number of stakes in F1’;s mother or father organization. In the late 1990s it was owned fully by his Bambino household believe in the believe in now only owns 75 percent, with 5.3 % in Ecclestone’;s hands. The greatest single shareholder is private equity firm CVC, which paid $ 2 billion to purchase F1 in 2006. The origin of Ecclestone’;s ongoing legal issues dates back to then.

Amongst 2006 and 2007 Ecclestone and Bambino paid $ 44 million to Gerhard Gribkowsky, a former executive at German financial institution BayernLB (BLB). Gribkowsky was in charge of selling BLB’;s 47.2-percent stake in F1, and German prosecutors feel that the payment to him was a bribe to steer the sale to CVC as it had agreed to retain Ecclestone as the series’; boss. Bambino and F1’;s 2 remaining shareholders, the investment banks JP Morgan and Lehman Brothers, followed BLB and offered to CVC, offering it management of F1.

Gribkowsky in 2011 went on trial in Germany for getting the alleged bribe. He pleaded innocent at first even so, the following yr he manufactured a surprise confession and claimed that the payment was without a doubt a bribe to sell the F1 stake to CVC. Ecclestone claims that Gribkowsky fabricated the confession in buy to lessen his sentence, and Gribkowsky in June 2012 was imprisoned for 8 and a half years.

Ecclestone denies paying a bribe and says he was “shaken down” by Gribkowsky. Ecclestone claims Gribkowsky threatened to inform HMRC, the U.K.’;s tax authority, that he controlled Bambino if the $ 44 million was not paid. Bambino is based mostly offshore whereas Ecclestone is a U.K. resident, so he would be liable to pay tax on the $ 4 billion in the trust if he was identified to be in handle of it — which he denies. He says he paid Gribkowsky even even though his allegations were unfounded since they could have triggered a lengthy and costly investigation if they had been reported.

Ecclestone has already had an possibility to place his explanation for the payment to a court. In 2011, German media company Constantin Medien sued him, Gribkowsky, Bambino and its former attorney Stephen Mullens. Constantin claimed to have misplaced out as a result of the alleged bribe and mentioned that if the sale to CVC had not been engineered then increased bidders would have come forward. Constantin had an agreement entitling it to 10 percent of the proceeds if the 47.2 % stake sold for a lot more than $ one.1 billion. As an alternative, it acquired absolutely nothing as CVC paid “only” $ 814 million.

The trial took spot in London last 12 months and in February the judge, Justice Newey ruled against Constantin. He mentioned, “It was no element of Mr. Ecclestone’;s function [or Mr. Mullens’;] for BLB’;s shares to be sold at an undervalue … no loss to Constantin has been shown to have been brought on.”

Despite finding in Ecclestone’;s favor the judge also explained, “The payments had been a bribe … underneath which Dr. Gribkowsky was to be rewarded for facilitating the sale of BLB’;s shares in the Formula A single group to a purchaser acceptable to Mr. Ecclestone.” In a damning description he extra, “Even, nonetheless, producing allowances for the lapse of time and Mr. Ecclestone’;s age, I am afraid that I find it impossible to regard him as a reputable or truthful witness.”

It is worrying for Ecclestone since following month he is due to face trial in Germany for paying the alleged bribe. The judge’;s findings in London could color the view of the judge in Germany ahead of Ecclestone has even set foot in the court.

Given that the judge located in Ecclestone’;s favor, it is not clear why he gave his view on regardless of whether Ecclestone paid a bribe. This was not core to Constantin’;s case, as it depended purely on no matter whether the F1 stake was undervalued.

The judgment came to 105 pages, and it could be the situation that the judge manufactured it as in depth as possible in buy to show to the 2 sides that he had not left any stone unturned. This claim could have otherwise been raised in an appeal of the ruling which Constantin has explained it intends to make. That may possibly be so but it would seem to have place Ecclestone in relatively of a Catch 22.

On the day of the judgment, Ecclestone’;s attorneys released a statement saying, “The crucial problem in the case was to decide no matter whether BLB’;s stake in F1 … had been sold also cheaply in 2006, triggering a potential loss to Constantin … The judge expressly acknowledged there was obviously considerable force in the stage that there had been no chance for Mr. Ecclestone’;s [and the other defendants’;] legal staff to cross-examine critical witnesses, such as Dr. Gribkowsky. As this kind of, the judge’;s opinion is expressed in the light of hearing only partial evidence that has not been effectively examined.”

In summary, as the case turned on whether the shares were undervalued, Ecclestone’;s legal team says it did not get a likelihood to deal with the bribery allegation so the judge’;s view on it can only be regarded an viewpoint. Ecclestone’;s statement extra that, “Mr. Ecclestone welcomes that he will have the possibility to defend these bribery allegations appropriately in proceedings due to commence in Munich in April, when the pertinent witnesses can be compelled to attend and be cross-examined by his attorneys. He is confident that he will be acquitted.”

Nonetheless, if the judge in Germany will take note of the judgment in London then that could count against Ecclestone.

So what is Ecclestone up towards at this level? Possessing analyzed the judgment in detail, we existing here the 5 crucial findings which help the judge’;s view that there was a bribe and that Ecclestone didn’;t inform the truth.

1. Ecclestone paid a bribe because he was strongly averse to the banks’; involvement in F1

In his conclusions, the judge explains what he believes to be the cause for Ecclestone having to pay the bribe. “Mr. Ecclestone’;s aim was, I feel, to be rid of the Banking institutions. He was strongly averse to their involvement in the Formula One group and was keen that their shares need to be transferred to someone much more congenial to him.”

There is no doubt the banks offered their shares in F1 but what is not talked about is that 2 of them — JP Morgan and Lehman Brothers — reinvested in F1 right after marketing to CVC. They at present own a mixed 15.4 % of F1, so the judgment raises the question of what would be the point in paying out a $ 44-million bribe to get rid of the banks only to locate that the door was open for them to return? If Ecclestone was so averse to their involvement in F1, then how did paying the alleged bribe obtain his aim?

BLB was the one bank which did not reinvest but it had the very same possibility as the other 2. In truth, the judgment reveals that Gribkowsky wished BLB to buy back into F1 the judge stated, “BLB also had the chance to reinvest, but chose not to get it, and the proof indicates that this was a determination taken towards Dr. Gribkowsky’;s wishes rather than because of them.”

Reflecting this, at one more stage in the ruling, the judge adds that BLB’;s determination not to reinvest in F1 “ran contrary to Dr. Gribkowsky’;s preference.” If Gribkowsky was paid a bribe to get rid of BLB, then it truly is challenging to believe he would have wanted the financial institution to reinvest.

2. Ecclestone claimed to have forgotten about the payments

1 of the key incidents which drove the judge to conclude that Ecclestone was not telling the reality took spot on Jan. 13, 2011, when he informed the board of F1’;s mother or father company Delta Topco that he did not know anything about the payments to Gribkowsky. “I did not want to inform them. I advised them I did not know anything about the matter,” stated Ecclestone when he was giving proof.

In court, CVC co-founder Donald Mackenzie mentioned that a single month soon after the board meeting Ecclestone informed him that “he had had a meeting with a single of his colleagues who had reminded him that he had manufactured payments to Gribkowsky and he apologized for getting forgotten this.” Mackenzie additional, “I must say that I had problems believing you could neglect payment of $ 40 million.” It caught in the judge’;s thoughts.

In the judgement he explained, “For my element, I accept that Mr. Ecclestone was not truthful in all that he mentioned at this stage. In distinct, he was evidently far from frank with Delta Topco’;s board on Jan. 13, and I (like Mr. Mackenzie) are not able to see that Mr. Ecclestone will have ‘forgotten’; payments to Dr. Gribkowsky, as he informed Mr. Mackenzie on Feb. 2.”

The mere fact that Ecclestone had to apologize to Mackenzie for not being forthcoming about the payments does not look good. Even so, Ecclestone admitted this in court even however he could not have told the F1 board and Mackenzie the total image at the time, so he did not lie in court.

Crucially, it also does not prove that he paid a bribe as Ecclestone could have equally wanted to hold the payments quiet from the F1 board if they have been manufactured due to the fact of threats from Gribkowsky. The judgment acknowledges this.

Referring to Ecclestone’;s claims to the board and Mackenzie, the judge says, “I do not believe, nevertheless, that such issues are of considerably assistance when assessing no matter whether the payments had been produced by way of a bribe or as a consequence of a shakedown. Mr. Ecclestone may well have wished to conceal the payments even if they had been made on the latter basis rather than the former. In cross-examination, Mr. Ecclestone explained that the final issue he had needed to do was ring bells with HMRC.”

3. Gribkowsky denied that Ecclestone controls the believe in

During the trial the judge positioned excellent relevance on a witness statement which Gribkowsky gave in December 2005 right after the Williams and McLaren F1 teams also accused Ecclestone of controlling Bambino.

Gribkowsky’;s statement stated, “I have never noticed any signal or indication that Mr. Ecclestone exerts any management or influence, or has attempted to exert any management or influence, in excess of … the trustees of the Ecclestone family members trust.”

On hearing Gribkowsky’;s witness statement the judge explained, “To consider you can get $ 40-some thing million in conditions where a few months earlier you have mentioned specifically the contrary is not simple.” Ecclestone supplied Gribkowsky’;s speak to particulars so that he could give the witness statement but then denied expertise of its content which the judge described as “improbable.”

The denial and the witness statement itself seem to offer evidence each that Ecclestone was not telling the truth and that his explanation for the payment is not correct. Even so, in truth, it may possibly not be so simple.

Gribkowsky’;s witness statement was requested by indemnity insurers acting on behalf of Williams and McLaren’;s former lawyers who had been becoming sued by the 2 teams. They claimed that the law firms were negligent when they drafted a contract in Might 1998 which they anticipated would give them a share in the flotation or sale of F1.

Many stakes in F1 have been sold but the teams did not share in the proceeds and sued their attorneys for drafting what they claimed was an inadequate contract. They also tried to put strain on Ecclestone by claiming he managed Bambino. The lawyers’; insurers utilised the witness statement to challenge this declare and though Ecclestone offered Gribkowsky’;s speak to particulars, he was not a get together to the case so there was no obligation for him to know what was explained in it.

It would seem sensible to assume that he would have been interested to know what Gribkowsky had said in the witness statement but no evidence has come to light which proves that he could have identified out, let alone that he really did uncover out. It calls into question whether or not Ecclestone was not telling the truth about this.

The very existence of the witness statement seems to challenge Ecclestone’;s model of events as it suggests that Gribkowsky did not believe Ecclestone managed the trust. In addition, the witness statement could have been utilised to counter Gribkowsky’;s allegations if he had created very good on his alleged risk and reported them to the tax authority. Even so, Ecclestone says he did not know about the content of the witness statement so he couldn’;t have utilized it to counter Gribkowsky’;s allegations.

It also stays to be seen whether Gribkowsky truly didn’;t feel that Ecclestone controlled the believe in as he wrote in the witness statement. In December 2013 his attorney, Daniel Amelung, advised the BBC, “It’;s an open secret that Mr. Ecclestone is the determining man behind Bambino.” This is of course the quite same claim that Ecclestone says Gribkowsky utilized to extract the $ 44 million from him.

4. Ecclestone denied understanding of the authentic agreement with Gribkowsky

The original payment agreement with Gribkowsky was dated November 2005 and contained clauses, which were eliminated in the later draft, that he would be paid in return for helping Bambino get funds which should have gone to BLB. In court Ecclestone denied expertise of this agreement even although it was offered to him in an envelope at the Bahrain Grand Prix in 2006.

On the encounter of it this would seem suspicious but Ecclestone says the envelope was addressed to Mullens so he had no cause to look in it. The judge acknowledged this but stated he nonetheless did not believe that Ecclestone was unaware of its contents.

“Mr. Ecclestone denied getting had any idea as to what was in the envelope, which, he stated, was addressed to Mr. Mullens,” mentioned the judge. “I have to say that I find that evidence implausible.”

If proof had come to light proving that the letter was not addressed to Mullens then it would be difficult to disagree with the judge — but that is not what took place.

5. Ecclestone did not want to be linked to the payments to Gribkowsky

What appears to be probably the most damning pieces of evidence about the payments to Gribkowsky is the way they had been created.

Bambino paid $ 21.2 million of the total by way of a organization known as Very first Bridge Holding in Mauritius, even though the remainder came from Lewington Invest in the British Virgin Islands. Lewington had been acquired for this purpose by Jean-André Favre, a Swiss tax adviser who is a longstanding contact of Ecclestone.

Due to limited business disclosure rules in Mauritius and the Virgin Islands, it was not possible to publicly trace the funds’; origin. Ecclestone insisted in court that Gribkowsky did not want Ecclestone’;s title to be connected to the payments but in proof offered to German prosecutors, Favre stated otherwise.

The judge explained, “I uncover it tough to accept Mr. Ecclestone’;s proof that he told Mr. Favre that Dr. Gribkowsky did not want [Ecclestone’;s] title to appear [rather than it being the case that, as Favre has mentioned, Ecclestone ‘did not want his name to appear in any circumstances’;] and that Mr. Ecclestone advised that Dr. Gribkowsky ought to simply take a check or bank transfer. The probabilities are, I consider, that it was Mr. Ecclestone who did not want his name to be linked to the payments for the advantage of Dr. Gribkowsky.”

Although Ecclestone stands by his model of occasions, it is contradicted by Favre’;s proof. It could be a case of Ecclestone not telling the reality in court but this can’;t be proved on the power of the present evidence. Crucially, even if Ecclestone was untruthful, it is not proof that he paid a bribe.

Talking about whether or not or not Ecclestone desired his name to be connected to the income, the judge said in his judgment, “I doubt, even so, no matter whether that is of much assist on the question of whether the payments had been produced by way of bribery or as a result of a shakedown.”

In the long run, This is something the German prosecutors will have to decide.

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