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German man locked up over HVB bank allegations may have been telling truth
Gustl Mollath was put in a psychiatric unit for claiming his wife was involved in money-laundering at the Bavarian bank. But seven years on evidence has emerged that could set him free
Horst Seehofer, the prime minister of Bavaria, has called for Gustl Mollath's case to be reopened. Photograph: Pawel Kopczynski/Reuters
A German man committed to a high-security psychiatric hospital after being accused of fabricating a story of money-laundering activities at a major bank is to have his case reviewed after evidence has emerged proving the validity of his claims.
In a plot worthy of a crime blockbuster, Gustl Mollath, 56, was submitted to the secure unit of a psychiatric hospital seven years ago after court experts diagnosed him with paranoid personality disorder following his claims that staff at the Hypo Vereinsbank (HVB) including his wife, then an assets consultant at HVB had been illegally smuggling large sums of money into Switzerland.
Mollath was tried in 2006 after his ex-wife accused him of causing her physical harm. He denied the charges, claiming she was trying to sully his name in the light of the evidence he allegedly had against her. He was admitted to the clinic, where he has remained against his will ever since.
But recent evidence brought to the attention of state prosecutors shows that money-laundering activities were indeed practiced over several years by members of staff at the Munich-based bank, the sixth-largest private financial institute in Germany, as detailed in an internal audit report carried out by the bank in 2003. The report, which has now been posted online, detailed illegal activities including money-laundering and aiding tax evasion. A number of employees, including Mollath's wife, were subsequently sacked following the bank's investigation.
http://www.guardian.co.uk/world/2012/nov/28/gustl-mollath-hsv-claims-fraud
dkf
(37,305 posts)dimbear
(6,271 posts)they're not out to get you.
Very strange.
DFW
(54,369 posts)If there were any justice, the people responsible for this man's treatment would be locked up at least as long.
annabanana
(52,791 posts)for wrecking the economy....
HiPointDem
(20,729 posts)reorg
(3,317 posts)while carrying out their dirty business.
The wife, now married to a former colleague at the bank who was also involved in the money laundering scheme, is now offering another form of cleansing:
[div class="excerpt" style="background-color:#dcdcdc; padding-bottom:5px; border:1px solid #bfbfbf; border-bottom:none; border-radius:0.4615em 0.4615em 0em 0em; box-shadow:3px 3px 3px #999999;"]Petra Maske / About me / My life:[div class="excerpt" style="background-color:#f0f0f0; border:1px solid #bfbfbf; border-top:none; border-radius:0em 0em 0.4615em 0.4615em; box-shadow:3px 3px 3px #999999;"]The time with the bank was instructive for me. I experienced how important it is for our body, our spirit, and our soul to be in harmony, so we can meet the challenges of job, family and partnership with calmness.
This led to my encounter with Reiki and I began with meditation training. My interest was aroused, and shortly thereafter I completed a ghost healing program.
HiPointDem
(20,729 posts)Xipe Totec
(43,890 posts)Any chance to sue the shrinks for malpractice?
muriel_volestrangler
(101,311 posts)Wikipedia and some blogs say he was accused of beating his wife, and slashing people's tyres
http://en.wikipedia.org/wiki/Gustl_Mollath
http://cheaptelevision1.blogspot.co.uk/2013/05/the-case-mollath-comes-to-television.html
An auto-translated Der Spiegel article: http://translate.google.com/translate?sl=de&tl=en&js=n&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fwww.spiegel.de%2Fpanorama%2Fjustiz%2Ffall-gustl-mollath-zweifel-an-opferrolle-a-872632.html
It is worth bearing in mind the reason given for locking him up was the violent behaviour, not the accusations. Now, if the claims now are that the evidence for the violence was all fabricated, that's an important part of the new case.
DFW
(54,369 posts)Germany is not the Soviet Union. They don't lock you away here in a mental institution for pure convenience. However, if the wife WAS indeed involved in funny business, it certainly came as MOST convenient that the guy had behavioral problems. His institutionalizing for such a long period is highly unusual here.
In Germany, it's usually the opposite problem. They tend to let people with violent tendencies OUT of such institutions prematurely, and then the officials that were too lenient (or too lazy) refuse all responsibility for their lax diagnosis. If this guy was locked up for his violence, it is still HIGHLY suspicious that he was confined for so long uninterrupted--at least it's very atypical of the German system. If he did stumble upon his wife's activity, I'm sure she and her higher-ups pulled some strings to make sure that his discovery was categorized as paranoia, rather than something independent of his illness.
reorg
(3,317 posts)someone to a psychiatric institution, Germany is just the same, or worse than the Soviet Union. I'd suggest you read up a little on this incredible scandal.
And, contrary to your unsupported claim, "they" do not "tend to let people with violent tendencies out of such institutions". Total bollocks, if someone is committed undefinitely, they never get out.
I've been stationed here in Germany for decades and my wife is a German social worker. The Germans let people with violent tendencies out of confinement all the time. All the perp has to do is convince the case worker that he is "rehabilitated," and out he comes, at the very least on a "Probezeit.". A reasonably intelligent psychopath can do this, and some do. So, for your "total bollocks:" total bollocks. How much time have you spent on such cases in Germany anyway? My wife has about three decades of it.
reorg
(3,317 posts)according to the Federal Office of Statistics (Statistisches Bundesamt) and informed observers:
Committed to psychiatric institutions due to order by criminal judge (Im psychiatrischen Krankenhaus und in der Entziehungsanstalt aufgrund strafrichterlicher Anordnung Untergebrachte)
1987: 3746
1989: 3874
1991: 4028
1993: 4522
1995: 4789
1997: 4983
1998: 5460
1999: 5883
2000: 6182
2001: 6601
2002: 7134
2003: 7824
2004: 8276
2005: 8658
2006: 9021
2007: 9361
2008: 9538
2009: 9670
2010: 10019
2011: 10423
see also: http://www.patverfue.de/handbuch/statistik
I'll refrain from listing my relatives with working experience in relevant fields, suffice it to say that my claim in the previous post was based on what a judge who had the power and did commit people to institutions indefinitely once told me.
The judge's decision in Mollath's case was based on Paragraph 63 StGB:
As explained here (Justiz online, in German), the following conditions have to be met for a judge to take such a decision.
1. An unlawful act has been committed
2. The perpetrator is incapable of contracting guilt (Schuldunfähigkeit, § 20 StGB)
3. The perpetrator poses a danger to the general public
(true even if the perpetrator only poses danger to a single person)
4. There must be a causal relationship between his mental defect and his dangerousness.
Mollath did believe and still does that his wife committed illegal acts and conspired with others to wear him down or finish him off when he started writing letters to expose these acts. The judge found that he committed violent acts as a consequence of these "paranoid" beliefs. Failing a retrial, these findings don't change.
A yearly review of the patient's condition only checks if he is still insane and thus still poses a danger.
Despite all the public attention his case has received in the last months, and although it should be clear by now that his "paranoid thought system" is indeed quite rational and fact-based, the latest review a few weeks ago did not result in Mollath's release. How is this even possible? You tell me.
reorg
(3,317 posts)There had been two alleged incidents of violence, both of which he denies.
1. Beating and biting during an altercation with his wife which allegedly took place in August 2001.
2. Slashing of various car tires - between December 2004 and February 2005. There is no direct evidence that Mollath had anything to do with this.
The wife waits to press charges for the beating until January 2003. Shortly before the trial (September 2003) her attorney alleges that Mollath is mentally ill. The court decides to defer judgement pending a psychiatric evalution.
A forensic-psychiatric report finds in July 2005 that "the accused has developed a paranoid thought system". His paranoid thoughts, according to the report, center around a "complex illegal money transfer system" in which his wife is involved. (The patient has never been examined in person by the author of this psychiatric report.)
The case is transferred to a state court (Landgericht).
In August 2006, the state court finds that the accused has probably committed the violent acts but is not criminally responsible due to psychological dysfunctions. Since his "increasing aggressivity" (first the beating in 2001, then the tire slashing in 2005) constitutes a danger to public safety, the court orders commitment to a psychiatric institution.
So, technically, the court did indeed lock him up based on its finding that he was a danger to the general public. That's because a court cannot commit somebody for any other reason. But, even if you assume for a second that he actually may have committed these violent acts, is one incident of beating your wife and slashing some car tires several years later really a reason to lock someone up indefinitely?
If he had been found guilty and criminally responsible for these acts, his maximum sentence would have been 2 years on probation or something like that. Only in combination with his alleged "paranoid thoughts", which now have been found to be very much based on reality, his alleged misconduct could possibly have led to the extreme punishment exerted.
Since this scandal broke, a vast number of articles have been published about it. A small number of them still tries to somehow salvage the criminal behavior of the judge involved (he is actually part of the conspiracy, the "paranoid thought system" , pointing out that Mollath is a kook ("He even wrote a letter to the pope!!1! How insane is that??" .
Some documentation, only in German, though, sorry.
Mollath during statement in church
(- in favor of students protesting the Iraq war, March 2003)
ARD Interview with Mollath
Mollath explaining his situation (6 parts)
Chronology in Süddeutsche Zeitung
http://www.sueddeutsche.de/bayern/chronologie-zum-fall-gustl-mollath-schwierige-suche-nach-der-wahrheit-1.1542305
Chronology at Bayerischer Rundfunk
http://www.br.de/nachrichten/mittelfranken/gustl-mollath-chronologie-100.html
Chronology by Mollath supporters
http://www.gustl-for-help.de/chronos.html
Series of articles at Telepolis
http://www.heise.de/tp/artikel/39/39181/1.html
Jerry442
(1,265 posts)So, some whistle-blower tries to throw sand into the gears of a smoothly functioning billion-dollar scam machine. Do we really believe that in every case, the scamsters just shrug and say, "Oh well, you got us"?