We hear that the next few weeks are going to be a busy time for Bernie Ecclestone and his legal teams. The High Court action in London between the boss of Formula One and the German media company Constantin Medien AG is due to kick off on Tuesday, October 29. The firm is suing for damages, claiming that BayernLB’s shares in the Formula One group were sold too cheaply because the bank’s representative Dr Gerhard Gribkowsky was paid $44 million, as an alleged bribe. Gribkowsky has been found guilty of accepting a bribe but Ecclestone denies this was the case.
Things could be quite complicated, however, as Bernie is now expected to be off to Germany on Wednesday, November 6, when a court in Munich wants to hear from him in relation to the same events. It was thought that the Munich situation would be delayed until the New Year, but it seems that the Bavarians have now fast-tracked it and it could (perhaps) leap-frog the UK case.
The initial phase of the process is to decide whether or not Ecclestone should be indicted. The judges in the case have read the response from Bernie’s lawyers to a bill of indictment and must first rule whether Ecclestone should stand trial. If that is deemed to be necessary, then a hearing could follow quite quickly, as both sides have already laid out their cases and so there may not be much time required for further preparation.
However, when it comes to legal matters, the devil is very often in the detail.
joeblogsf1 
Joe,
This may have been covered in an earlier post but do you know if the FIA can cancel the 100 year deal with FOM if Bernie is found guilty? It could be argued that IF he is found guilty then he cannot be considered a ‘fit and proper’ person to run the sport, but this would be contradicted by the fact that CVC are now the biggest shareholders, so they would just need to remove Bernie from the helm and all would continue as before?
I have a horrible feeling that we are potentially in for a few years of distracting legal fighting between all of the various connected parties and while this is happening no one will be marketing the future of F1 on the internet Etc as is so badly needed. – Indeed, 20 years from now could we all be looking back with nostalgia on F1 as a defunct formula, effectively ‘replaced’ in the market be ‘Formula E’ or some other alternative? – an extreme example perhaps but maybe not impossible if the issue of costs V revenue and attracting new / younger supporters is forever being kicked into the long grass.
That is down to lawyers.
Question….Surprised that there might be an earlier then expected resumption of the Munich case. While I don’t doubt the efficiency and thoroughness of the German Prosecutor I’m left wondering if it may be advantageous for Ecclestone to have the Munich heard case first?
Thus preventing any anticipated embarrassing disclosures in the civil UK case influencing the more serious repercussions of a guilty verdict in the criminal case?
It would seem to be a no-brainer that if Gribkowsky has been convicted of receiving a bribe, and Bernie admitted paying the money, Bernie is going to trial.
Joe , I’ve a feeling this is going to be bad for Bernie , what’s the rest of the of the f1 circus thinking on is.
After all this and possibly dependant upon it’s out come, there may also be the action by the mysterious Bluewaters in the USA.
However the Medien action in London could easily be dismissed as soon as the magic fax is waved aloft and the appropriate chant intoned.
Though whether all four defendants (Bernie, his lawyer Stephen Mullins, Bambino Trust and Gribkowski) would be cleared is another matter.
According to http://www.thelawer.com Gribkowsky is literally alone, being unrepresented and in prison already, though the place will be heaving with QCs and assistant grovellers for Bernie and Bambino, while Mr Mullins has with Tom Smith of South Square.The Medien Constantin attack force is fielding 3 including a QC. The hourly rate of the assemblage must be stratospheric.
thank you monsieur Saward for this latest thread of evidence surrounding this legal proceeding which is quite difficult to understand even from one such as myself who has had some training at Southern Maine Community College located in South Portland Maine U.S.A. when yours truly served as Vice President of Student Senate in 2006.
it is clearly evident to Me that your culture of origin ( what ever it is ) reminds yours truly of my own version when I was raised in the Eastern Townships of Montréal as a boy in the city of Sherbrooke also in the province of Québec in the Confederation of Canada in 1959.
in closing, the expression ‘ the devil is often in the detail ‘ is to be determined by the gentle and competent attorney’s at law who are representing each party to face a trial on this contested matter.
until the time is reached when both sides and the judge in each case and culture can consider seriously the arguments and evidence presented in this matter…,…,…, only time will tell what the verdicts will settle to accomodate reasonably the claims presented in this authentic and genuine case law.
Joe I have the feeling some people in F1 very well connected with the ‘real world’ might be pushing to have Mr E out of their way ASAP….
A way to have him out of F1 without any intra-F1 fight… Killing him softly…
What do you think?
It always seemed inconceivable that one of the two involved could remain free while t’other must serve 9-years and suffer penury.
I’m rather more interested in whether the ‘perfect storm’ of both CVC and Ecclestone being pursued by Morgans, Lehmans even the Kirch estate and BayernLB for losses based not simply on a realistic 2005 valuation but on a figure based on the pending float of $12b or so.
It would also be helpful if when Constantin Medien made their disclosure request and Justice Vos agreed, that any of the financial inducements paid by CVC to whoever, in respect to the negotiated purchase price were highlighted.
Interesting times ahead in the close season….and the repercussions will be far reaching should the German’s finally indict and successfully prosecute.
Joe, I haven’t read about Bernie’s impending visit to Germany anywhere else. Did you hear it from the man himself?
If you don’t trust me, don’t read me…
You’ve misread my intent. I wasn’t saying you were wrong, I was simply curious about the sourcing.
But if you feel it necessary to make this a test of your credibility, that’s entirely your right. We’ll know the truth soon enough.
The point is that it was sourced and confirmed from people I trust.
One of the problems of having a lot of money is it attracts undesirable grubby people who want to take it from you!
The question is why is there so much gloating over someone who has done so much for the sport?
What happened with Dany Bahar’s case Joe?
I am sure that it will get shovelled under a carpet somewhere
Joe, any news on Max Brown being groomed to take over the reigns from Bernie? I have a funny feeling that we’ll see some news prior to, or on the 1st of November…..
Max Brown?
I think you mean Zak Brown, but I would say that those who get named in the media as being possible successors to BE are not usually people who are under consideration. I do not believe that one person could actually replace Bernie. He is unique. It would take several people. As and when Bernie does disappear, I think there would be a very different structure in the business, with a chairman and various different divisions. That’s is not BE’s way, but corporate types like corporate structures.
In any case, Brown’s agency JMI was just bought (a few days ago) by Chime Communications and he has a new job so I doubt he will be walking away from that in a hurry. Lord Coe would not be impressed.
Thanks Joe- yes, Zak, typo.
Thanks for the imput!
Joe
On the official web-site, as you say, it starts Tuesday Oct 29th in Court 26 at 10:30 am before MR JUSTICE NEWEY
…. Constantin Median AG v Ecclestone & ors
If allowed, I intend to spectate in the public gallery in the first week of November when Mr E is expected to give evidence.
Bloomberg is reporting that the Swiss authorities are now considering whether a criminal violation has occurred.
From the Bloomberg article:
–“A criminal investigation has been launched,” Henri Della Casa, the spokesman, said in an interview. “We have to establish the veracity of the facts and whether these would constitute a criminal violation.”–
A little bird tells me that the “settlement” as it would be is already paid as part of the formalities and that BCE now has a new companies / personal accountant as the previous incumbent had made some serious errors !!
Your little bird is not right.