Bafin = Federal Financial Supervisory Authority in Germany
BaFin Mr. xxx P.O. Box 12 53
53002 Bonn
VBS 3-QB 43xxxxxxx
Dear Mr. xxx,
Unfortunately, the bank’s response is not very satisfactory, as it does not provide any more information than what is generally available on the internet.
While I had asked you to share the general guidelines with me, I had also provided some background information. Could you please forward this information to the bank and request a more detailed response?
Definition of “due diligence” of a bank employee regarding general powers of attorney:
- As described, the bank employee of UniCredit in Innsbruck (Mr. xxx) was aware of both the marital disputes and the notarial property separation from 2006. Nevertheless, Mr. xxx accepted an informal (forged) general power of attorney that my (ex)husband presented at the bank. He did not consider it necessary to check with me, even though I was always reachable by phone, email, or mail.
- This was not a handwritten power of attorney, but a typewritten one, signed with a questionable signature. This was accepted by the bank without clarification with me! (Attachment 1) In the meantime, a forensic handwriting expert has concluded that the signature was forged.
- I originally had a joint account with my (ex)husband. Due to unapproved stock transactions and embezzlement of my assets, I had a serious conversation with Mr. xxx in Innsbruck in 2009. (Attachment 2) I then separated the accounts – my (ex)husband had NO control over my account or my safe.
- Just a few weeks after the account separation, my (ex)husband presented this forged general power of attorney, and Mr. xxx allowed him to systematically empty my account and access the safe! Not only did he fail to contact me, but he also marked the address as ‘currently undeliverable,’ thus removing any possibility for me to monitor the account transactions.
- Since my child was very seriously ill at the time, I did not notice this. (Attachment 3 – Hospital days of my son) In my view, this behavior does not comply with the due diligence expected of a European bank.
- I request a statement on this matter, considering my particular situation.
EU Insolvency
Why was my (ex) husband able to act with impunity during the EU insolvency proceedings in England? (Dr. xxx, born on xxx, was officially declared insolvent on xxx and was formally discharged on xxx.) How was he able to trade stocks and conceal his assets from the High Court during his insolvency?
xxx’s official bankruptcy registration number is: High Court of Justice 86xx from xxx.
An undischarged bankrupt is not allowed to:
- Trade stocks (Attachment 4)
- Commit bankruptcy offenses
A bankrupt individual commits an offense if they fraudulently:
Fails to disclose to the bankruptcy trustee or administrator all details regarding the assets included in the bankruptcy estate and all sales made by the bankrupt individual from these assets;
Conceals assets in their possession from the bankruptcy trustee or administrator, and fails to deliver assets that belong to the bankruptcy estate.
Acceptance of My (Ex) Husband’s Signature on My Account
(Without Any Power of Attorney)
How is it possible that my (ex) husband executed a signature for a transfer from my account to his account on xxx, for which he had no power of attorney? This occurred even BEFORE the presentation of the alleged general power of attorney. (Attachment 5)
Sale of Stocks Without My Consent
In the year xx, the last joint account was frozen. On xxx, during a court proceeding on a completely different matter, the dissolution of the account was agreed upon. The confirmation from my lawyer came a few days after the hearing. This dissolution was not planned beforehand.
Nevertheless, at 1:31 PM (still during the ongoing hearing), my ex-husband instructed Mr. xxx to sell the stocks. Mr. xxx sold the stocks at 2:16 PM – at a time when my consent had not yet been given. (Attachment 6)
I expect that the management of UniCredit will confirm that the former employee (who has since been dismissed) of UniCredit in Innsbruck did not adhere to the due diligence required of a bank and is therefore liable.
Best regards
And sometimes it’s not the people who change, maybe it’s just the masks that fall off.
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