LANDGRAAF - Trustee P. Scholtens is going to file charges with the public prosecutor's office against E. van den Berg, director of the now-closed hotel-restaurant Overste Hof in Landgraaf. The supervisory judge in the bankruptcies in which Van den Berg himself and his two investment companies are embroiled, will probably do the same.Scholtes, who represents the interests of the creditors in those bankruptcies, accuses Van den Berg of fraudulent bank breakage, violation of the Wet Tochzicht Effectenverkeer (WTE) and perjury. Supervisory judge H. Groen is considering filing charges of fraudulent bank breach, violation of the WTE and forgery.
The Overste Hof plays an important role in the Van den Bergh bankruptcies. In 2004, the previous owner of the catering establishment known throughout the region, W. Winthaegen, filed for Van den Bergh's bankruptcy because the latter could not put the purchase price on the table. He owed Winthaegen more than 200,000 euros and could not pay it. Van den Bergh already had major financial problems when he bought the Overste Hof, privately and with his investment companies Van den Bergh Beheer and Berginvest. In 2004, those companies and Van den Bergh personally were declared bankrupt.
Trustee Scholtes rules scathingly on Van den Bergh investment activities. He promised his clients golden mountains: sometimes even interest rates of 1 percent interest per day on their deposits. But Van den Bergh could not make clear to Scholtes what he had actually invested the money entrusted to him, a total of over two million euros.
Van den Bergh also had no license to invest money on behalf of people, which is why the trustee is filing charges of violating the WTE. "Moreover, he was guilty of fraudulent bank breach. For example, Van den Bergh still withdrew 6,500 euros from the mean after the bankruptcy was declared." Van den Bergh takes the announced report to Justice for notice.
Meanwhile, four parties have also filed for bankruptcy of the Overste Hof BV, on paper still in charge of operating the catering business.