Es gibt so einige, die "schillerndste" reiche Figur ist derzeit wohl Dave King, ein Brite der in Südafrika sein Geld gemacht hat, dort aber vom Staat wegen diversen "Steuervergehen" angeklagt wurde. Vieles geht da allerding nicht mit rechten Dingen zu, wie folgende Artikel zeigen
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Dave King vows to attack other cases against him
by Stephen Hofstatter, Mzilikazi Wa Afrika and Rob Rose, September 16 2012, 11:39
A "BUNGLED" prosecution that let billionaire businessman Dave King off the hook for fraud and racketeering could cost taxpayers hundreds of millions in damages and legal fees.
King said this week he would use his acquittal to attack other cases against him and launch a R300-million damages claim for wrongful prosecution.
King said the case showed that the National Prosecuting Authority (NPA) had "no hope" of even taking commercial cases to court, let alone successfully getting a prosecution in their favour, partly due to a lack of skills, internal rivalry and low morale.
"I don't believe the NPA could prosecute even a mildly [complicated] case. In a complex commercial case, they've got zero, zero, zero chance," he said.
Judge Margaret Victor was forced to acquit both King and MICROmega CEO Greg Morris last Friday, after one of the most bizarre reversals in recent history, when the NPA rested its case, failing to call all but five of the 71 expert witnesses, including Xstrata boss Mick Davis, Old Mutual, Sanlam and others.
"It was astounding," said one of the witnesses who was not called. "We were all ready to testify, and it is incomprehensible why the prosecutors effectively rested the state's case." Having signed confidentiality statements, witnesses could not speak on the record.
"They've done a huge amount of homework over the last two years, so [resting the case like that] is poor. It's not good enough to say that there are still criminal charges in the tax case against him," said the witness.
In acquitting King, Judge Victor also slammed the NPA for failing to put up a case, and criticised a number of "highly irregular" actions. These included conducting a search-and-seizure operation without authority and failing to store documents and a seized computer properly.
King described this as a "momentous defeat for the NPA", which is likely to have ramifications for other corporate crimes it is trying to prosecute, including those of construction firms accused of rigging World Cup stadium tenders and the Ponzi scheme case against Barry Tannenbaum.
Although the 37 criminal charges related to Specialised Outsourcing were withdrawn, King still has 322 charges of tax fraud that he is defending, but they will not be in court for many months.
King said he had racked up R400-million in legal bills for his various cases to date, and estimated the state had spent even more. This is in addition to R636-million that the state effectively forfeited when the NPA torpedoed a signed settlement with King in 2009.
SA Revenue Services (SARS) confirmed it had spent close to R200-million on legal costs. This excludes an unknown sum spent by the NPA in bringing the fraud charges against King that fell apart this week.
But SARS spokesman Adrian Lackay stressed it had won a judgment against King's company Ben Nevis for a R2.75-billion tax liability in 2010.
SARS had recovered "significant amounts through the sale of assets for which various court orders were obtained. This included the sale of a Falcon jet. SARS would continue civil litigation to recover outstanding tax debts," Lackay said. "Money spent on litigation should be seen in this context."
SARS has also frozen King's assets overseas estimated to be worth R800-million in places like Scotland and Guernsey - freezing orders he will now try to overturn using this week's acquittal.
Lackay said the SARS international freezing order was not based on this case.
During the case, which ran in the South Gauteng High Court from August 3, prosecutors claimed King had conned companies like Old Mutual and lied to the JSE when he made more than R1-billion by selling shares in Specialised Outsourcing in 1999.
A 1999 report by former Investec analyst Andrew Cuffe accused King of misleading shareholders and recommended investors avoid the company.
King claimed Cuffe's research report had been "discredited by Investec itself", but CEO Stephen Koseff said through a spokesman he had "no recollection of such a conversation".
A 2001 forensic report by Ernst & Young said there was a "fundamental error in the preparation of Specialised Outsourcing's financial statements for 1998 and 1999".
King was also later accused of secretly selling his trust's shares in Specialised Outsourcing. But King responded: "Who did they think they were buying the shares from? They knew I had all the shares."
He said that if the institutional investors had a justifiable gripe with him they would have launched a civil action.
The NPA said in a statement it was forced to acquit King after "a material witness" crucial to proving the authenticity of key documents was unable to testify for health reasons, which resulted in the documents being ruled inadmissible.
Spokesman Bulelwa Makeke said she could not comment.
The NPA annual report shows that it had a conviction rate of 91.6% when it came to "complex commercial crimes" for 2011/2012.
But this does not show that the NPA enrolled only 754 cases during that time - about half the number it was prosecuting three years before, suggesting it was cherry-picking the easiest cases.
* This article was first published in Sunday Times: Business Times