Wirecard: Insolvency administrator publishes new status report

Fol­low­ing the re­view meet­ing held on April 7, 2022, the in­solv­ency ad­min­is­trator of Wir­e­card AG, Dr. Mi­chael Jaffé, has now pub­lished a new status re­port on the in­solv­ency proceedings.

One oft he main top­ics oft he new re­port was the li­quid­a­tion of Wir­e­card AG’s former sub­si­di­ary, Wir­e­card Bank. Ac­cord­ing to Mr. Jaffé, the in­solv­ency ad­min­is­trator was able to li­quid­ate al­most 227 mil­lion euros.l The fin­an­cial su­per­cis­ory au­thor­ity BaFin had ini­tially frozen Wir­e­card Bank’s money after the scan­dal be­came known, but has now re­leased it again.

The in­solv­ency ad­min­is­trator was also able to in­crease the as­sets from the li­quid­a­tion of in­dir­e­cetly valiable sub­si­di­ar­ies of Wir­e­card AG.

How­ever the re­port also shows that des­pite the se­cured funds, the claims of cred­it­ors and share­hold­ers are likely tob e dis­pro­por­tion­ately higher. For this reason, the in­solv­ency ad­mis­trator is un­able to provide any in­form­a­tion on the tim­ing and amount of an ini­tial pay­ment on ac­count at this time. In­jured in­vestors must con­tinue to be patient.

Investigations by the insolvency administrator against EY

As in the pre­vi­ous status re­port the in­solv­ency ad­min­is­trator once again made it clear that the audit­ing firm EY – against which we are also rep­res­ent­ing nu­mer­ous in­vestors in court – con­tin­ues to re­fuse any as­sist­ance in cla­ri­fy­ing the facts oft he case.

To this end, the in­solv­ency ad­min­is­trator has com­mis­sioned an ex­ternal audit­ing firm to provide an ex­pert opin­ion on the ques­tion of whether EY com­plied with ist du­ties in con­nec­tion with the audits oft he fin­an­cial state­ments or whether there were any breaches of duty.

Ac­cord­ing to Mr. Jaffé, the cla­ri­fic­a­tion work in this re­gard is well ad­vanced, but still not complete.

Action for a declaration of invalidity of the 2017 and 2018 annual financial statements

Back in May 2022, we re­por­ted that the Mu­nich I Re­gional Court had de­clared Wirecard’s fin­an­cial state­ments for 2017 and 2018 null and void based on a law­suit filed by the in­solv­necy administrator.

The law­suit was based on the al­leged fic­ti­tious book­ings with which man­agers oft he com­pany are said to have in­flated the bal­ance sheets by fic­ti­tious amounts in the billions.

Ac­cord­ing tot he status re­port, this de­cision re­moves the basis for pay­ing di­vidends to share­hold­ers for the years in ques­tion. In his re­port, how­ever, in­solv­ency ad­min­is­trator Jaffé presen­ted a claw­back of di­cidend pay­ments as un­likely: „Any claw­back of di­vidends will there­fore have no eco­nomic sig­ni­fic­ance fort he vast ma­jor­ity of small and private investors.“

In any case, he said, it was ques­tion­able whether it could take place at all in the case of very small amounts.

New test date

The new re­view date in the Wir­e­card AG in­solv­ency pro­ceed­ings has been set for Novem­ber 29, 2022.

WIRECARD: NEW STATUS REPORT FROM THE INSOLVENCY ADMINISTRATOR

The in­solv­ency ad­min­is­trator for the as­sets of Wir­e­card AG, at­tor­ney Dr. Mi­chael Jaffé, re­cently pub­lished a new status re­port. (more…)

Update: Wirecard AG – Live from the Inquiry Committee

From June 2020 un­til today we have filed law­suits for in­vestors of WIR­E­CARD AG against Ernst & Young Wirtschaft­s­prü­fung Gesell­schaft mbH (EY). Our con­vic­tion that the pro­spects for legal ac­tion against EY are good is also based on cur­rent find­ings from the 3rd par­lia­ment­ary com­mit­tee of in­quiry of the Ger­man Bundestag on WIR­E­CARD AG. On March 18 and 19, 2021, the com­mit­tee of in­quiry heard very im­port­ant wit­nesses. At­tor­ney Dr. Marc Lieb­scher was there for us and re­ports live from the Bundestag.

Of course we will in­clude the above find­ings into the law­suits against EY in de­tail and with plenty of evid­ence. For fur­ther in­quir­ies, we are happy to help you.

WIRECARD AG files for Insolvency – Legal Action against EY is the best Way Out for aggrieved Shareholders, Bondholders and Derivative holders

Few minutes ago, Wir­e­card AG filed for in­solv­ency. This means that Wir­e­card AG is likely to be elim­in­ated as an op­pon­ent for legal pro­ceed­ings. Dam­aged in­vestors, how­ever, have the op­tion of re­ly­ing on Wirecard’s an­nual aud­itor, Ernst & Young Wirtschaft­s­prü­fungs­gesell­schaft (EY).

In­form­a­tion on the Law­suit against Ernst & Young »

The law firms Schirp & Part­ner and at­tor­ney Dr. Marc Lieb­scher have already filed class ac­tion law­suits against EY and are pre­par­ing fur­ther class ac­tion law­suits. This af­fects not only the ag­grieved share­hold­ers, but also all in­vestors who sub­scribed to the bond is­sued by Wir­e­card AG in 2019. Moreover, the hold­ers of de­riv­at­ives are also affected.

We can of­fer in­vestors who do not wish to bear the costs of a class ac­tion law­suit lit­ig­a­tion fin­an­cing through a renowned lit­ig­a­tion financier.

Dr. Wolfgang Schirp: “Un­for­tu­nately, this de­vel­op­ment was fore­see­able. It is fright­en­ing how long Wir­e­card AG was able to op­er­ate without be­ing ob­jec­ted to by the aud­it­ors. We have been mon­it­or­ing Wir­e­card AG since 2008 and have col­lec­ted very ex­tens­ive ma­ter­ial. It was al­ways clear that some­thing was wrong.”

Dr. Marc Lieb­scher: “We have suc­ceeded in win­ning a lit­ig­a­tion fin­an­cier for the class ac­tion suits. We as­sume that we will be able to file the next class ac­tions very soon.”

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