Benko’s lawyer appeals fraud conviction and sentence

Lawyer Norbert Wess has challenged the heavy fraud conviction against Signa founder Rene Benko, filing a plea of nullity and an appeal, ORF reported on Monday. The prosecution has not yet said whether it will also appeal.

The Innsbruck regional court last week sentenced Benko to an additional two years in prison without suspension for heavy fraud. The term is to be added to a 30-month unsuspended sentence for fraudulent bankruptcy that became final in late September.

Benko, 49, was acquitted of a separate new charge of fraudulent bankruptcy. Prosecutors had accused him of defrauding the family foundation of industrialist Hans Peter Haselsteiner of about five million euros through a guarantee declaration.

The plea of nullity could lead the Supreme Court to overturn the judgment and order a retrial if it succeeds. The appeal challenges the sentence and will be heard by the Higher Regional Court. The Innsbruck judgment is not final following Wess’s filings.