LANDGRAAF - To the disappointment of the Maastricht District Court, the Public Prosecutor's Office (OM) has halted the fraud investigation into bankrupt former investor and ex-hotel operator Eric van den B. from Landgraaf. It is very rare for a court to comment in this way on a decision by the public prosecutor.
Van den B. was suspected of bankruptcy fraud. The FIOD investigation began in early 2008 after a report was made by bankruptcy judge Han Groen and trustee Pieter Scholtes. The Landgraaf resident had gone bankrupt not only privately, but also with two of his investment companies and hotel-restaurant Overste Hof in Landgraaf that he operated until 2006. Judge and trustee placed great question marks on a payment of 550,000 euros to another bv of which Van den B. was director. A spokeswoman for the Public Prosecutor's Office would not say why the investigation was discontinued. Trustee Scholtes understands that evidentiary problems underlie that decision.

"There were enough leads for a serious case. The prosecution is thus discouraging people from filing further charges," Scholtes responded indignantly. Press judge Esmee Heutslaat let it be known that the court is also disappointed. "We still stand behind the charges." Internally, it remains to be deliberated whether to appeal the decision not to prosecute Van den B. to the court in Den Bosch. Scholtes will not.

Ybo Buruma, professor of criminal law and criminal procedural law at Radboud University Nijmegen, knows of no other case in which a court has publicly reacted in this way to a decision by the prosecution. According to him, the ruling has no consequences for any criminal case. According to Buruma, bankruptcy fraud rarely leads to a criminal case because it is a complex matter, has low priority and often lacks expertise at the Public Prosecution Service and the criminal investigation department. Van den B. is happy with the decision and wants to recover damages suffered by him.