The Facts About a Miscarriage of Justice in Denmark

Denmark - A Case to Answer

Denmark – A Case to Answer

This Web site is about a Dane’s fight (Mogens Hauschildt) against the injustices which he suffered for nearly 40 years ago in Denmark. This injustice was ultimately judged by the European Court of Human Rights in 1989 when Denmark, for the first time since the accession to the European Court of Human Rights more than forty years earlier, was judged to have violated the European Convention of Human Rights.

Denmark had violated the foundation of justice, namely the right to a fair trial set out in Article 6 of the European Convention of Human Rights.

This serious violation and judgement did make great changes to the Danish judicial system as to the appointment of judges. However, it came with great cost to the defendant, me, with deep mental and physical wounds, from long solitary confinement, 55 days hunger strike and the longest incarceration in Denmark on remand since 1651. Their objective was to quash my spirit and brake my will.

It may be difficult for some to understand that Denmark acted in a similar manner to how China operates today. Untried prisoners are condemned from day one, starting with the dire conditions they face when they arrive. The aim is to isolate, crush the spirit, break the will. Most crumble quickly.

The same treatment was handed to me in 1980 by the Danish authorities, giving me scars for life. Moreover, the Danish authorities criminalised my person. I have lived with the scars of the Danish authorities actions and will the days I have left, while the people behind the action will never face the consequences of the crimes they committed, the pain and trauma they caused so many people

Justitslig?

Justitslig? – What does this word mean in English? Literary translated, it means a human corps left from an injustice. Dead, due to injustice and a corps cannot be brought back to life. The Germans use justizmord, the Danes use the word justitsmord.

My first defence counsel, one of the most experienced criminal lawyers in Denmark, Jørgen Jacobsen, was just prior to my hunger strike in August 1980, speaking to me. He said that he felt that a “justitsmord” had already been committed in my case. Further, such murder leaves a corps – I said justitslig? Yes, he said, as a corps cannot be revived. (A human corps is called “lig” in Danish)

That first day the Bagmandspolitiet (the special prosecution) and the Danish authorities arrested you and closed your business, a judicial murder took place, and since then, a corps has been left to rot.

Like I told you before, injustices take place in all part of the society. It is a fact, that if there were tens of thousands of people gathered at the Rådhuspladsen (Town Hall Square in Copenhagen) and from a loudspeaker, someone shouted out:” the women over there in the red coat and hat is a slut and a whore”. Most people would believe this and there is nothing that poor woman can do, there and then disprove the masses impression of her.

Everything they (the Danish authorities) did thereafter, was just to cover up this corpse from injustices, the killing and everything which really took place. This was very simple as they used (misused) their power by fabricating lies and deceit whilst using the willing Danish gutter-press to spread the lies.

Politically Motivated Allegations

The Danish authorities arrested me on politically motivated allegations that retroactively and unfairly asserted that I had violated the Danish tax laws. These allegations never become a charge or indictment, since they were based on lies and falsehood.

As to my victory at the European Court of Human Rights, it was not something I could truly celebrate. Firstly, my family and I had suffered greatly both emotionally and financially from years of injustice, and this loss could never be replaced. Secondly, because the Danish authorities really won, in getting away with the horrendous mental torture I suffered from my 309-day solitary confinement. Furthermore, the Danish government was able to convince my business associates, clients and personnel with a false narrative that I was guilty of tax evasion. 

The Danish authorities succeeded in preventing me from having my application as to Article 3, that my total solitary confinement for 309 days was torture.  After I made this application in August 1980, they hid all communication with the European Commission of Human Rights, from my lawyers, and me until November 1982. This was in breach of my rights and free access to correspondence with the ECHR.

This was a blatant breach of the Convention and allowed the Danish authorities to prevent me from taking my application of mental torture during the long 309 days total solitary confinement, to the European Court of Human Rights.

Next year it will be the 70th anniversary of the European Convention on Human Rights and in May 2019 it was 30 years since my victory at the European Court of Human Rights, a judgement made by the Full Court of 17 member’s Judges. In January 2020 it will be 40 years since my arrest for alleged tax evasion, resulting in 1492 days of pretrial incarceration.

In the 1980s, the Danish authorities used the media including the state-run television, radio, the tabloid press and their created public opinion. The only major independent newspaper Information covered the case with some objectivity. Information’s  Editorial Leader  24th September 1982 (A political and economic independent newspaper in Denmark) had made the factual observation in the editorial. The leader refers to me as “H.”

H has not been treated with any decency, respect or proper justice. He was kept incarcerated in solitary confinement for eleven months as well as being kept incarcerated on remand for nearly three years. They, the authorities, destroyed his business with the charge of serious tax evasion; a charge, which could not stand up in court and was not based on any real evidence at all.

Due to the police action on the first day, they (The Special Prosecution) created a situation of total financial ruin for him and many of his clients. This today, is the ground on which the prosecution has created its charges against him. Through those three years which have passed the different authorities in many different ways have pulled the legs away from his defence, in flagrant contempt for the words of the law” 

I remained incarcerated in pre-trial detention for another one year and five months after this editorial in the highly respected ‘Independent Danish Newspaper Information’. I continued to receive pre-trial punishment and was held as a hostage to justice; innocent until proven guilty! Moreover, in pre-trial solitary confinement, I remained vulnerable against the unjustifiable parasitic strains of the Danish tabloid press.  

I was struck down

I was struck down – the way in which a young healthy tree is chopped down – in the prime of my life; persecuted by the Danish authorities and subjected to one thousand four hundred and ninety-two days of restrictive incarceration and pre-trial punishment, starting with 309 days of repressive solitary confinement.

What is worse is that I received a life sentence, preventing me from working in banking and financial services for the rest of my life. The worst still was living with a ruined family and the deep, mental effects and psychological scars from my solitary confinement and long restrictive incarceration.

The Danish authorities arrested me on politically motivated allegations that retroactively and unfairly asserted that I had violated the Danish tax laws. These allegations never become a charge or indictment, since they were based on lies and falsehood.

I did eventually leave my pre-trial detention and solitary confinement, but the terrible experience has not left me. This is the reality.

Denmark has handed me a life sentence by stealing such important years in my life, and worse, leaving me with deep mental and psychological scars from my solitary confinement torture.

Background

On the 31st January 1980 the Danish public saw, on the state-owned television channel evening news, the only TV channel at the time, that the Special Prosecution had closed the largest bullion dealer (precious metal dealer) in Scandinavia and arrested its owner for alleged tax evasion and had thrown him in to solitary confinement.

The following day the Danish public learned from all the newspapers that the Special Prosecution (Bagmandspolitiet) had, of their own initiative, taken this action to close the company ‘Scandinavian Capital Exchange’ using a complaint of alleged tax evasion against its owner and director which they received the day before from the fiscal authorities.

This alleged tax evasion never took place and the owner, Mogens Hauschildt (me), was never charged with tax evasion.  It was all a lie, a total fabrication.  Instead, the Danish authorities kept me incarcerated for more than four years during which the authorities conducted their “stories” in the Danish media and then slowly fabricated a case to justify their injustices against the companies, its clientele, the staff, my family and me.

The point had been reached, as Franz Kafka said, from which there was no return. This point had been reached already on the first day, the 31st January 1980 when the authorities closed ‘Scandinavian Capital Exchange’ and placed me into solitary confinement for an open television screen falsely accusing me of tax evasion. This concerted action by the Danish authorities had already started five years earlier.

Scandinavian Capital Exchange as any other financial company was operating on the bases of trust, when such trust is questioned, even the smallest seed of doubt can totally destroy the foundation. As Information newspaper wrote a detailed article dealing with many issues as to why I feel subjected to a political miscarriage of Justice, setting out the questions the Danish authorities should be asked.

A Fait Accompli

Five days after my arrest for alleged tax evasion, the Danish state television showed a special forty-minute program which was most prejudicial and effectively sealed mine and my companies future; justice had gone out the window with a total disregard for my legal rights. This television program was even repeated five days later just to make sure everybody in Denmark had seen it and the Danish authorities actions had become a fait accompli!

Already after ten months in pre-trial solitary confinement and long before my indictment and being formally charged, I made a proclamation to the Danish public in a press release, which the court then disallowed me to publish.

I declare that the most flagrant violations of the Danish constitutional rights and lawful interests that have been allowed in relation to my case; including the trial by the media, already at this stage rule out the possibility of a fair examination and trial of the case in court on the strength of the fact that the aggregate of these violations makes impossible the normal administration of justice in this case, including ensuring the right to a fair trial prescribed by Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

The European Court of Human Rights agreed with me and later found Denmark guilty of Article 6: not providing me with a fair trial. Unfortunately, this was almost another nine years later; nine years too late after so much injustice against my family and me.

My Many Considerations

In making this website, I had to think long and hard as I had many considerations to make. Firstly, I had to consider the views of my family, my sons, many grandchildren and their children to come. What would they say? Not that my sons were unaware of the case. They felt it in their own bodies and souls and the family’s tragic upheaval at the time caused irrevocable damage to them all.

The flood of lies, misinformation, misrepresentation, distortion and outright falsehood about the case and the events at the time have made it necessary to put the record straight before I leave this world.

What gave me the most weight in deciding to enter cyberspace was the great number of lies, which surrounded my case on the Internet, as well as the lies that surrounded the case of closing down healthy operating financial companies in 1980.

Lies, which were compounded, would ultimately crush the truth and cover up something, which should have been exposed a long time ago.

Thousands of newspaper articles were published in Denmark at the time, (I listed more than one thousand five hundred newspaper articles to the European Commission of Human Rights, ECHR in 1983), mostly made up of stories with sensational headings, malicious lies and innuendoes; all very pre-judicial in my case. This was orchestrated by the Special Prosecution in their pursuit of covering up their injustices against my family, clients of the companies, the staff, and the companies themselves and me.

The Danish Institute of Human Rights did not exist when I was under torture in Denmark, it came much later, after my win at the European Commission of Human Rights and Denmark become concerned about Human Rights in their own backyard, although, the Danish newspapers mostly ignored my case.

Despite, the fact, that I won the first case against Denmark at the European Court of Human Rights, and a judgement by the full 17 member’s Court, if you search (https://www.humanrights.dk) for my name in their extensive online library, one will not find any result, neither by my name or my case at the ECHR (see: Screenshot 1 & 2.). The institute operates with a budget well in excess of 130 million D.Kroner. Obviously, they are totally obedient to their paymaster, and the last thing they want to show the world is to show the truth as to torture, political and judiciary corruption in Denmark in 1980s. 

Even when reading the Danish Wikipedia as to solitary confinement in Denmark, Isolationsfængsling,  they have in the last years removed my case, and no reference to the fact that I went on a 55 days hunger strike, in order to get out of the solitary confinement.

This is also the facts as to pre-trial detention, Varetægtsfængsling,  changes have been made and the references to my case are wrong.

Even the Danish State Radio and Television, have “lost” practically all the radio and television archives related to me and my case, according to one of my grandchildren. No wonder Isi Foeghel, who was part of the Danish team at the Court of Human Rights when my case was heard, later become chairman of the Danish State Radio.  Interestingly, Isi Foeghel had himself been involved in a financial scandal, after serving as minister of tax.

The Danish media ultimately created irrevocable harm to my family and me as you cannot get those lies and innuendoes back from the mind of the public. The media, at the time, totally controlled public opinion and the “truth” by creating their own stories, which become the truth in the public mind. Most people now understand the overwhelming power of the media.

My defence lawyers, many clients and I had always hoped that the truth would be printed one day; but no such luck.  After more than thirty-eight years, the whole event in Denmark has been swept under the carpet as something the authorities did not wish to go into or revisit; neither did the media, which participated actively in the injustices.

A Virtuous Nation?

Denmark, which always claimed to be a decent democratic country, – “a real virtuous nation, better than the rest of the world’s countries”  and claiming to always adhere to the highest standard, certainly found itself “convicted” at the European Court of Human Rights because they did not provide me with a fair trial. A fair trial is the foundation of justice.

This judgement against Denmark is the first case that Denmark lost however, it did not, as expected, go down well with the Danish authorities, the academic faculties of law in Denmark and the media.

Many people in Denmark, (including jurists and academics), have, through the years, asked me to write about my case. Even some respected journalists have offered to help. Nevertheless, the events were too depressing and stressful for me to go back to even in writing.  It was a nightmare; a horror story, which even today I bare very deep pain from, mental and physical scars from the 309 days long solitary confinement. Consequently, I am left telling my story today after all those years.

I had still hoped that one day, someone in a senior position in the Danish bureaucracy would have spoken out and told the truth. However, that was never to be, at least until now.

I hope that this website and my blog, despite the many years, which have passed, will bring more truth about my case and what really happened at the time to the surface.

“Hauschildt you have been selected – and judged”

In early July 1980, after I had spent more than five months in pre-trial solitary confinement, my defence attorney, Jørgen Jacobsen, came to me and said:

“I know that you have not spoken to anyone for weeks and now I am going on holiday, therefore I wanted to see you. What I am going to tell you now – I can not do anything about. I am deeply sorry; nevertheless, I still want to tell you. What I am telling you I have been told from the most reliable source and I do not see anything, which can prevent all this from happening.

Hauschildt, you have been selected – and judged. You were selected because you are a ‘foreign Dane’ with no political affiliation or power. You work in a business, which deals daily with Swiss, New York and London banks – with the movement of money in a financial market most people in Denmark do not know and cannot participate in.

You controlled your business and did not employ many people, not like a factory owner. Your clients can even use black money to buy gold and silver over the counter without registration, outside the control of the tax people.

You are a bourgeois, when you drink beer you need a glass, Danes drink off the bottle. You even need a knife and fork to eat a sandwich (open Danish sandwich).

The popular press like to write about people like you, your children are at a private boarding school. Yes, you are an ideal candidate for Bagmandspolitiet.

It does not matter that you have not done anything criminal; they will find a way to justify all of this since they have no other choice. After all, your business is now closed and you are here in solitary confinement for the fifth month.

Not all the” stories” in the tabloid press can get you back out of the public mind. A picture has been painted of you and your companies – you have been judged and sentenced.”

After five months in solitary confinement, the person that was telling me all of this information was not anyone, but advocate Jørgen Jacobsen.  He was considered one of the best and most experienced defence attorneys in Denmark at the time. He was a freedom fighter during the Second World War and started his law practice in 1951. Although he had always appreciated the better things in life, he was a member of the Danish Communist Party for many years.

Jørgen Jacobsen hated to lose a case, and he knew he had already lost mine, even before an indictment had been served. The power of the Danish authorities was just too overwhelming for him; therefore, he resigned as my defence lawyer a few months later.

It is Difficult to Accept Injustice

It is so very difficult to accept injustice, especially when it has been a deliberate injustice from the authorities of a country like Denmark.

Injustices do take place all over the world; however, this injustice did not take place in Russia, China or Chile but in my home country: Denmark. Denmark is a well-respected democratic country but Bagmandspolitiet (the Special Prosecution) epitomises the abuse of a system, which happens when politicians give power to ordinary people and civil servants – such power will always be misused eventually.

A friend of mine, Anthony Marreco (now deceased), who was the co-founder of Amnesty International and the youngest prosecutor at the Nurnberg Trial, taught me a lot about injustice in every corner of the world. He later engaged me with Amnesty International’s work for some years after the event in Denmark.

I was fortunate enough to work for several years with Tony (Anthony Marreco) in London on other issues, but I am well aware of the terrible injustices, which take place all over the world every day. However, other injustices do not excuse the injustices, which happened to me. To have been subjected to such serious injustice is one of the worst pains for any human being to suffer through.

The fact that fewer injustices take place in Denmark (in proportion to the population) than in most other countries does not rectify the injustices, which do take place.

Some countries have the greatness to admit when injustices are discovered. Unfortunately, I do not believe that Denmark has such strength and greatness. Denmark is a small society, which prides itself on being better than others are, a place where injustices do not exist.

Some Changes in Denmark

Many things have changed in Denmark, including the legal system and the procedures in the trials with the judges’ involvement and the cases in front of them. The Ministry of Justice does not have the same control over everything as they did in 1980; judges are appointed by a different body and they now also have a restriction on many of their additional employments.

My case would not happen in Denmark today, that I am certain about, especially with the Internet and a more transparent society.

Most of all, Bagmandspolitiet would not be allowed to keep someone in solitary confinement for ten months and in the meantime feed the media with lies. A friend put it differently, she said: “That Bagmandspolitiet treated the Danish public like mushrooms – kept them in the dark and fed them with shit.

The Tamil Case – Ninn Hansen

With the exposure of the Tamil case initially by the Danish Ombudsman Gammeltoft-Hansen and Judge Mogens Hornslet twenty years ago, and later with the trial at the Court of Impeachment, the Danes witnessed how power could corrupt so much so that the Minister of Justice Ninn-Hansen had acted unlawfully. Moreover, the Ministry of Justice’s senior civil servants unlawful and indeed, criminal, acts became known including how they regularly lied to parliament.

The Tamil case showed some aspects of the borders between the law and politic. Today we know all government is active in felony activities. Government is active in felony activities 

I always considered myself as to “Systemfange”, a Prisoner of conscience; the case against me and my Companies were entirely political.  

                                                 Mogens Hauschildt

Interestingly, Professor Hans Gammeltoft-Hansen, Mogens Hornslet and Erik Ninn-Hansen were somewhat all involved in my case. Ninn-Hansen was one of the three serving justice ministers during my long pre-trial punishment.

Professor Gammeltoft-Hansen advised my defence attorneys on important legal points which both the Courts and the Ministry of Justice totally ignored at the time, including my rights to a re-trial. Mogens Hornslet was involved in making a judgment in the High Court in 1980 on my pre-trial detention; at least he had more fibre and objectivity when he reported on the Tamil case.

The irony of seeing Ninn-Hansen complaining to the European Commission of Human Rights as to Article 6., (exactly the same Article that I had won my case against Denmark on) that the Danish judges were not independent and impartial, made me smile at the time.  After all, he should know, having worked with the courts all his life as a defence attorney and later as the Minister of Justice.

His complaint that his case was not tried within a reasonable amount of time was absurd when looking at my trial especially with regards to how after more than four years of pre-trial punishment I was kept as a hostage even for my high court appeal and I could have walked free prior to this appeal. I had the choice between being hanged or burned according to what my defence attorney Folmer Reindel said to the press.

Ninn-Hansen also complained that the media had entertained a consistent and negative press campaign against him, which had, in fact, determined his guilt prior to the trial and had influenced the participating judges. If anyone had a negative media campaign against them it was I, the Danish tabloid press denied me a fair trial and determined my guilt prior to the indictment and trial. Bagmandspolitiet used the tabloid press exclusively for lies and innuendoes about me when I was locked up in solitary confinement (see The Prejudicial Trial by Newspapers).

Ninn-Hansen complained about his health, that he was not fit to stand trial.  This was even more ridiculous when considering my mental state during the trial, caused entirely by the long solitary confinement torture and the trauma of seeing everything destroyed, my family, my reputation and even myself after the 1492 days of pre-trial detention.

Finally, Ninn-Hansen’s complaint that witnesses were not heard and that to omit the transcripts from the court violated his right to a fair trial in that it, in fact, prevented the witnesses appearing before the Court to give testimony unbound of the testimony they gave. Absolutely crazy and absurd when considering that I was refused the right to have hundreds of clients cross-questioned in court who were supposed to have been defrauded.

Further, I had to accept totally fabricated transcripts made up by a judge, the transcripts of which had no relevance to what took place in the court.

Worst of all, these made up transcripts were used in the High Court and were read by witnesses before entering the court. So years after their testimony, they could read a dictated story with mostly little relevance to what took place.

Despite that my defence and I were specifically asked the court at the start of the trial to take either verbatim dictation or an electronic recording of the proceedings, this was refused, so that the judge could just write what he wanted days and even weeks later.

Even the European Commission for Human Rights and later the Court did not wish to see these court transcripts, as they knew well, that such transcripts were created for justifying the authorities’ case against me.

Interestingly enough, when Ninn-Hansen made his application to the European Commission of Human Rights, he could have copied most of the complaints from my initial application to the ECHR. However, the seriousness of the complaints was not to be compared on any scale.

Furthermore, I made my complaints and application myself from the restrictive pre-trial detention cell, whereas Ninn-Hansen is a lawyer and I am sure that a string of other lawyers helped him, including loyal civil servants from the ministry and the party.

According to one of my defence attorneys advocate Folmer Reindel, Ninn-Hansen just shook his head and smiled when my lawyer mentioned that he believed my case would end up with a judgement against Denmark.

I was pleased to see that the Commission found Ninn-Hansen’s application inadmissible and his reputation was left shattered. Erik Ninn-Hansen had the ability to corrupt and manipulate the civil servants in the Ministry of Justice as to the Tamils but did not have the strength to speak out as to my case and all the injustices, which I had to endure.

Finally, I did agree with Ninn-Hansen and other Danes who claimed that Denmark has had a too liberal policy towards immigration. Denmark has chosen to destroy itself with a cancerous policy, which ultimately would not only mean that hundreds of thousands of immigrants and their families would live on the hard-working Danes tax money. People coming to exploit others would destroy Denmark’s culture and traditional values and at the same time have no intention to adapt to their host country.

The Danish Small-Mindedness

There has been an important change in Denmark as to the completely general attitude towards money and making money since my case. The small-mindedness, (små borgelighed), which existed at the time (38 years plus ago) has somewhat gone away with many other socialistic attitudes to life and society. Danes know that we now live in a different world.

These webpages are only the start; there will be many pages added when all the documentation have been published. This may bring out some protests, but it may also bring something positive with regards to the people of influence who kept quiet and passive when witnessing all the injustices at the time, making them also responsible.

I personally have never experienced any bad reaction towards me by the Danish public. Immediately after my more than four-year ordeal, when walking in Copenhagen, people came up to me in the street and wanted to greet me, some even expressed very positive remarks towards me and gave me presents.

Later on, after the judgment from Strasbourg, I received many positive gestures from Danes both living in Denmark and abroad. Nevertheless, the popular press in Denmark has always continued to attack me and even negated the importance of the European Court’s verdict; I suppose it is difficult to admit mistakes for monopolies. However, considering the importance of this Judgement and how many times it has been used in case law around the world, as a reference, it is surprising how few newspaper articles have been published in Denmark.

A further fact, it is clear to me and one of my defence lawyers, that even the Danish law faculties have ignored or even worse deliberately stayed away to tell the truth and real background of the whole case.

“Er De Hauschildt?”

In February 2006, I sat in the British Airways hospitality lounge in Heathrow Airport enjoying a light snack and a glass of champagne together with my life-partner. Our flight to Nice had been called but we decided to have another glass of champagne since we always went late to the plane.

Just as a stewardess came to us to ask us to board since we had a long walk to the plane, a man came over to me and said: “Sorry” in English, and then asked in Danish “Er De Hauschildt?” (Are you Hauschildt?). In answering yes to the question, the man continued to tell me that his wife recognised me, but he was not quite sure. Since my partner started to pull me away to go to the plane, he said to me: “My wife wants me to tell you that some of us in the Ministry did not like what we did to you.” (nogle af os i ministeriet kunne ikke lide hvad vi gjorde i mod Dem). Hearing this, I immediately asked for his name and card. He lightly shook his head and said: “Even on a senior civil servants pension I have to go quietly through the doors” (gå stille med dørene). At that moment, I started walking away since my partner had left for the aeroplane and we did have a long walk to the boarding gate.

During my walk to the plane, I thought that he might not have necessary referred to the Ministry of Justice, in fact, it could have been the Ministry of Finance or the Ministry of Trade and Industry, not to forget the Ministry of Foreign Affairs.

On the plane, I told my partner what had happened, despite that she always told me to “let sleeping dogs lie” she said that I should produce something on the Internet. To publish a website and to at least put out the truth about what had happened and the injustices, hoping that someone would possibly come forward with the truth. We tried to continue our beautiful life but this would prove to be impossible due to many other developments in the years to follow.

In the last eleven years, I have faced the death of my soul mate-in-life. The death of my wife; the mother to my sons; I am also getting a lot older and am coming to the end of the road in my journey through this life.  Lately, I have walked the long hard road of sorrow and grief deep in the valley of despair, in the dark winter night.

I was fortunate enough in life to have had much love, what’s more, enjoyed true love for many years after the terrible events in Denmark. Love is the most important thing in life.

Life for me today has come to a stage where almost everything – all external expectations, all pride, all fear for embarrassment or failure – falls away in the face of death, leaving what is truly important.

I have never been the same human being again since being in solitary confinement for three hundred and nine days. This solitary confinement affected me very badly; after near forty years, I still suffer badly on most days from this torture. My life stopped during that solitary confinement and consequently, I have since lived my life as a very different person.

 

The companies had fulfilled all of their obligations until Mogens Hauschildt arrest for allege tax evasion

Advocate John Korsø-Jensen

The allegation for tax evasion, which was “used” to arrest Mogens Hauschildt with, was fabricated by the authorities in order to legitimise their illegal action and abuse of power.

The allegation was fictitious and never resulted in any indictment; there was no tax evasion.

From the first day of this miscarriage of justice, there has been a closed concerted conspiracy between the special prosecution, which they have themselves “fabricated” and thus instigated the case, the fiscal and financial authorities in Denmark, the courts and the Ministry of Justice.

Advocate Folmer Reindel

Most of the Danish media published, uncritically, all of the stories that they received from Bagmandspolitiet.

All giving headlines despite that most was fabricated lies and malicious innuendoes.

It was important to cause maximum losses for the investors and companies, through the use of the media providing false allegations, lies and a general cover-up of the truth.

After all, Mogens Hauschildt was locked-up and incarcerated in total Solitary Confinement.

Advocate Folmer Reindel

Speculation Accepted Today – Even in Denmark

All forms of speculation are generally accepted today as well as making a profit on investment, this was not the case in 1980 where ‘speculations’ and ‘profit’ were dirty words. I still recall people shouting after me back in 1977: “Capitalist Pig” (getting out from my Daimler in a dark blue striped suit).

The fact is that the investors and the general public in Denmark are far more informed about the financial markets, including people working for the authorities and in the banks, and this would in itself make my case impossible today.

The general public and even wealthy individuals in Denmark did not know much about the international financial market in 1980 and their sophistication with regards to trading.  Danish investors did not have access to the global investment market at the time, due to exchange control by the Danish National Bank.

This allowed the Special Prosecution to make up mysterious and clouded allegations about my companies operations. Moreover, the Danish media, with their malicious lies, took advantage of public ignorance concerning investing and their knowledge about the international financial market and sold them sensational stories. The Danish media created headlines, which remained in the public mind.

My Final Decision to publish this website

In the last few years, I have sporadically followed some of the Danish media for the first time since the finishing of my ordeal. I have, from time to time, been reading some of the financial newspapers in Denmark on the Internet.

What really made my final decision to publish this web blog was an article in Børsen on the 11 October 2010, “Klapjagt åbner for guld som skattely, (A hunt for gold as tax heaven). This was about the European and Danish fiscal authorities concern as to investors buying and investing in precious metal (gold, silver, platinum and palladium). Something I have known about for more than forty years and which politicians and their fiscal authorities all agree on.

What is specifically interesting in this article is that Børsen newspaper state that more than 1600 billion Danish Kroner have left the country, presumably, since the lifting of exchange control, more or less shortly after my arrest. Moreover, that wealthy Danes have invested in gold.

At least the Danish authorities failed, when they arrested me, in stopping Danes to invest in precious metals and take their money outside the reach of the Danish fiscal authorities.

This fact was one of the main motives of the Danish authorities for everything that happened against my companies and me in 1980. Most politicians and the tax authorities like to tax people, but the fiscal authorities find it difficult when a citizen buys a gold bar or a coin and then just puts it away for a rainy day. The authorities much prefer their people to buy their bonds and debts or invest through the banks, where everything is recorded. This allows the politicians and the civil servants to tax such investments however, they like.

As a pioneer of investing in precious metal for more than fifty years, I have indeed always been well aware that this type of investment did not suit the tax happy politician and civil servants since the investor acquired transportable assets out of reach of taxation. Therefore, under communism and in many dictatorships, holding precious metal was strictly illegal and even punishable, as it was in China and Russia, with the death penalty imposed.

As to taxation, we now live in a time where fiscal authorities in Germany and other European countries have been paying criminals for stealing data from Swiss and Liechtenstein banks in order to find out whom of their citizens have not paid tax. Germany even provided these criminals with new identities. Even the Danish fiscal authorities have paid in recent years for data obtained by criminal and illegal means.

When Countries Act as Criminals

When countries act unlawfully as criminals, (which they have always done when the truth is told, just read WikiLeaks) the citizen should take note, especially when we are fortunate enough to live in Europe or the Western world.

The question is: should the government be allowed to do unlawful acts and consequently be allowed to cover this up?

All governments and their departments do commit acts, which are against the current laws of the land. They also seem to be able to cover up such acts, by “adjusting the law” by making new laws and directives – always able to cover their tracks. However, all these politically elected and public civil servants believe that they have the legitimacy to decide what is best, even when they take unlawful actions.

We allow government and civil servants this right to “do what is best for us” like they have the moral and legitimate right, not forgetting the intelligence and expertise to take such actions.

In my own experience, we do allow this; I ran a “democratic” elected organisation and know that when something comes up, you just deal with it. The last thing you do is to ask hundreds or thousands of people, you will simply not be able to act. If you have made a mistake, one tries to sweep it under the carpet or justify it by changing “the rules”.

No doubt that the Danish government was “allowed” to decide that they had to take action against something which partly would affect the established banks, the National Banks directives and currency rules at the time. Moreover, this was a legitimate way for people to hide their black money and possibly take these assets abroad without the control of the authorities since all the rules were not defined at the time.

Furthermore, since the fiscal authorities had not seen the consequence of tax laws concerning investing in commodities and currencies, they had to show that the arm of the law and taxman reaches out to every corner, draws in the land.  Hundreds of tax investigations and successful cases came about because of the closing SCE and my arrest.

I have no difficulty in accepting the above information; my difficulty is partly personal (for all the suffering my family and I had to endure) and on behalf of all the investors which lost out because of the authorities’ unlawful action.

Firstly, authorities “should” try to play by the rules, which is after all, what they themselves are responsible for. Secondly, when injustices have been done and exposed, at some point the government should admit to such errors and call a spade a spade.

Practically always, authorities do not have the spine to do so, partly because it will always mean that they have to admit to their own mistakes made by individual civil servants. With their power domain, they do not tolerate this, since it will usually affect their reputation, the spirit of the system and collegial loyalty.

Worst of all, for the politician, their electability is at stake – so they cover-up, and in most cases succeed, unless the opposition finds out. Just take the Tamil case in Denmark, what really happened to the top civil servants from the Ministry of Justice who had acted unlawfully and criminally – I am sure they enjoy their fat pensions today.

It was a state-sponsored criminal conspiracy to hold back the registration of SCE AS for more than 3 months, allowing millions to be lost. First the Danish National Bank not allowing the 5 million kroner capital from the parent company, secondly the Company Registration Office (Aktieselskabsregisteret) making up delays for more than 3 months including claiming after two months having lost or mislaid the application and all documentation.

I told the court that I would go on a hunger strike in August 1980; I wanted to release a statement to the press. Judge Claus Larsen did not want this to happen. Part of this statement informed the public about a meeting in the Danish Law Society in the spring of 1980, where the chief for Bagmandspolitiet, Finn Meilby, proudly told an exclusive audience of a few lawyers that Bagmandspolitiet used the same methods against my companies as the police did in Chicago in the 1930’s case (wiretapping, disinformation and agent provocateurs).

The head of the US Supreme Court Chief Judges Louis Brandeis said about such methods: “If the state uses illegal and unlawful methods, it allows the citizens to be contemptuous of the law and take the law into their own hands”.

The Responsibility of the Free Press

The free media should be a guarantor for the citizen for exposing obvious injustices and wrongdoings by government and their civil servants. This responsibility of the “free” press should not be taken lightly.

The Danish media failed miserably with this responsibility in my case. Instead of seeing it through the authorities’ eye with true concerted intention, they went along as a lap dog and swallowed all the lies and misinformation that Bagmandspolitiet created to justify their actions.

Moreover, the tabloid press livened up all the “stories” from false gold bars to black-market trading – all which committed them editorially to make a pre-judicial public trial; rubbing me with the right to be treated as guilty until proven guilty or innocent.

It is a fact that the truth does not sell newspapers, only sensational headlines, never mind that they are lies and fake news.  According to Article 6 of the European Convention, the Danish media violated my right to a fair unprejudiced trial.

The European Court of Human Rights held an open court hearing on the 26th September 1988 on my case, in front of the full court of 17 Judges. The German, French, Belgian and Dutch television stations were there, but not the Danish State Television, which had been used by the Danish authorities to create this trial by the media.

What really Happens Behind the Scenes

Other events made me take note such as the previous year’s impact after the “Icelandic Banking Saga” of Kaupthing Bank and IceSave, Lehman Brothers and the Bear Stern Bank bankruptcies. No one went to jail.

Lately, the criminal charges against Goldman Sachs and several Hedge Funds for insider trading exposed what really happens “behind” the scenes in banking and the financial world. The failures which led to the crisis in 2008 were more of behaviour and character than of financial instruments or processes. The tales of casual greed and of ordinary people misled and deceived by irresponsible bankers are familiar.

The clever people try to outsmart the lesser, something which has always taken place and is nothing new. Even the respected JP Morgan bank compliance failures. These compliance failures meant that the bank had not protected twenty-three billion dollars’ worth of clients’ money by segregating it from its own funds over a seven-year period.  One may ask where the auditors were as well as all the lawyers to monitor the accounts!

In recent years Banks globally have paid $321 billion in fines since 2008 for an abundance of regulatory failings from money laundering to market manipulation and terrorist financing, according to data from Boston Consulting Group.

That tally is set to increase in the coming years as European and Asian regulators catch up with their more aggressive U.S. peers, who have levied the majority of charges to date.

The recent debate in Denmark about all the money, which has been made by the banks on people’s pension funds through the many years, confirms my point. The banks are there to make money first and foremost from other people’s money – that is their business.

Janteloven Still Reign in Denmark

Denmark still seems to kill off the people who have put their heads above the mass and show the greatness of creativity in specific businesses. People such as Klaus Riskjær, Jan Bonde Nielsen, Brask-Thomsen, Mogens Glistrup, Kay Wilhelmsen, Jeppe, Morten, Søren V. Petersen and so many others are an example of the “Danish” way to treat people who have talent over and above the average person. “De skal kanølfles” (they must be punished) that is Janteloven. What is interesting about all the above-mentioned people is that they have all been through the grinder of Bagmandspolitiet, some were crushed, some granulated and a few came out as powder.

Of all the above the persons who have been through the grinder, I felt most for Mogens Glistrup, he was even attacked in prison. Denmark should be ashamed of how Mogens Glistrup was treated.

In writing the above, I have to point out that I have not followed people or the developments in Denmark during the last thirty-six years and so I do not know the many people who may also have been through the grinder of Bagmandspolitiet. Although I do believe that many must have been guilty, I am more concerned about the not so guilty people and worst, where they were directly subjected to injustices by Bagmandspolitiet’s misuse and abuse of power.

I see that two other companies that Denmark should be proud of are Novo Nordisk and Grundfos. They also had to suffer the humiliation of Bagmandspolitiet, as did Kay Wilhelsen, Midtbank, Hafnia, VKR and Carl Bro who all at least won against Bagmandspolitiet. They were lucky that they did not have to endure being arrested, locked up in solitary confinement and presented live on the prime time television news screen as well as a more than four years pre-trial punishment.

The so-called Jyde brother’s case had to be dropped because of my judgment against Denmark at the Court of Human Rights. I know that the brothers received millions in compensation for their pre-trial detention; although nothing can compensate such an ordeal. Worse still, the liquidators of their estates took this money – there is no justice. I should like to hear from the brothers as to their experience and ordeal.

The Jante Law Prosecution

Bagmandspolitiet should be called The Jante Law Prosecution and Police. After all, they were the creation of the Social Democratic Party who epitomised Janteloven.

As described in other places on this website, I am sure that so many of Bagmandspolitiet staff spend all day working by scanning newspapers and magazines and today, the Internet and the social media, looking for their next prey. They act when someone appears to be successful and have made money; we must punish these achievers. At least one hope that they employ more educated people in Bagmandspolitiet then I had to deal with.

Interestingly, there seem to be a political consensus in Denmark as to Bagmandspolitiets need for more resources, see “Skærpet jagt på banditter i habitter (Increased hunt on criminals in suits) Berlingske Tidende 25th January 2011. Then, the socialist was back in power promoting mediocrity.

More up to date, as to Bagmandspolitiet’s recent failures to find the huge criminality in the dividend tax, with more than 12 billion Danish Kroner paid out fraudulently to some non-Danes. Bagmandspolitiet does not appear to have so close cooperation with the Danish fiscal authorities, as they did back in the 1980s, or they are still too stupid and inexperienced about the great world out there.

It has been known fact for years that one could falsely benefit greatly from these dividend refunds, using offshore locations and even USA based companies.

I note that the Danish bureaucracy is so stupid to let billions of taxpayers hard-earned money, be stolen, from the Danish State. This is about going with small shoes, as I always use to say, these people have no vision and understanding of the Big world out there. My fellow countrymen are not that smart as they think.

Sadly we now see the socialist back in government, I agree with the Nobel Prize-winning economist professor Angus Deaton, that socialism is a virus.

My prediction was Right

It it with a certain amount of Schadenfreude, to read that Bagmandspolitiet and the politically motivated part of the Danish bureaucracy did not succeed in preventing entrepreneurial Danes leaving Denmark and for me to read that today it is estimated that more than 1600 billion has been taken out of the country to 55 countries and offshore, since the lifting of exchange control.

As I had predicted Denmark, and indeed Scandinavia offered great potential, as to investment banking and financial services. Therefore, my son Hans Christian and I gave my son Mark Anthony and Lars Seier Christensen, in 1992, the seed money to start what later become Saxo Bank. That we kickstarted this successful venture, was some compensation for being right, although, my son Mark later walked away from the bank.

As to the most recent development and the exposure of the Danske Bank and their many misdemeanours with money laundering well in excess of 250 billion US Dollars – well bankers are always banksters, as I always have said, also Danish bankers. Just think for a moment, the British whistleblower already informed the senior figures at the bank in 2013, six years ago.

How the huge money laundering schemes by the Danske Bank has not been detected and investigated earlier by Bagmandspolitiet is typical, when the whistleblower report was already handed to senior figures at the bank in 2013. I am certain that none of the people responsible ever will see a prison cell and that no individuals will be prosecuted, moreover, the Danish authorities will not ask for billions in fine, as they have in the USA.

Until we see senior executives held fully accountable for criminal wrongdoing and serious fines for the banks involved, this kind of scandal will continue for decades to come. If we just take the HSBC scandal some years ago, look at Netflex Dirty Money series showing the depths of corporate greed it exposes, complete with court records and documents, are staggering. Real stories of corporations making big profits without regard to the suffering it causes real, often financially struggling, people, from predatory payday loans to money laundering to, in its finale, the Trump Organization.

HSBC total neglect of any anti-money laundering compliance, allowing business dealings with terrorist organizations and drug cartels were being hidden using ridiculously basic search engine tricks. The most shocking part is that HSBC executives who admitted to laundering money for some of the most brutal cartels and organizations in the world were never prosecuted in criminal court, and were not personally responsible for any of the fine.

HSBC Holdings’ agreement to pay a $1.9 billion fine to regulators and enter into a deferred prosecution agreement points to lack of adequate control processes in compliance and anti-money laundering. Given the bank’s size, it appears that it and some of its peers are too big to jail because they are too big to fail. The agreement constitutes a warning to the bank to clean up its act and avoids revocation of its charter to operate in the United States. The action was taken by regulators in the belief that the failure of a large financial institution could imperil the world’s financial system. This fact has protected so many banksters through the years, not only financiers but also property companies and the shipping industry. 

It is a fact, you go to the bank with 10,000 or 100,000 in cash, you will have a lot of explaining to do, including answering a lot of questions. However, if you go to the bank with billions, no question will be asked. This is why there will always be a place to clean and keep your money, even out of the way from the fiscal authorities.

London has for the last 50 years been the safe heaven for all the stolen money by African, Russian and lately the Asians oligarchs. All this money have not only maintained an elite group of professional lawyers and accountants but also contributed to the property boom in the last thirty years in the United Kingdom.  

The Conspiracy

My defence lawyer Folmer Reindel was contacted by a well placed senior servant who attended a Cabinet meeting at Christiansborg in late Autumn 1979, where the prime minister Anker Jørgensen proposed that Scandinavian Capital Exchange and I would be the solutions to all Bagmandspolitiet’s problems and bad publicity.

This is the Danish Prime minister who praised the dictator of North Korea in 1984 as a brilliant leader. “Kim il-Sung as a leader should be admired for his devotion and wonderful work for his country and for his people’s freedom and happiness. Moreover that North Korea was a wonderful country and the people should be proud of their country’s independent from the influence of the big countries.” Anker Jørgensen was even so stupid to draw parallels with Denmark fighting against the German occupation during the Second World War (which very few did when the truth is known).

How could anyone admire and glorify the totalitarian regime in North Korea – the Danish Prime minister Anker Jørgensen and the deputy chief of Copenhagen fiscal authority Christen Amby could!

The companies were subject to many visits by the Copenhagen Tax office, including by the deputy chief of this office Christen Amby.

Christen Amby, the person who my companies and I was harassed by through several years was none other than “a red socialist” or should I say a left-wing socialist and the founder of the Danish Friendship Association with North Korea.

One time leaving my office Christian Amby said: We will close this capitalist cave (Vi vil skal nok få lukket den kapitalist hule). Considering, that we operated according to the laws and everything was correct, I found such statement, as wishful thinking from his side. Little did I know about the socialist’s power and determination.

His real objective was for us to give him names of our client who traded “over the counter” all suspected to used “black money” undeclared to the fiscal authorities. Since there was no legal requirement for this at the time, I refused to corporate. Many times when leaving our offices, he mumbled: “We will see about this”.

Interestingly Christen Amby was arrested back in 1969 together Otto Sand (an agent for DDR’s Stasi) as they were organising to send money to support North Vietnam fighting the American Imperialist.

 

 
 

HAUSCHILDT v. DENMARK

The European Commission and the Court of Human Rights Judgement, Comments and Reports  1982-89

This was my solitary confinement cell, and later the kind of cell I remained in during my 1492 days pre-trial incarceration - just this cell is newly painted and with better lights and stone floor

Lies, Lies and more Lies

Lies, Lies and more Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Lies, Lies and More Lies

Goldbars

SCE Reception

Silverbars

SCE Head office

Banking Hall

Gold Rush

Swedish office

Paper, Paper & Paper

Krugerrands

GOLD

SCE Commodities

SCE Højbro Plads

Paper vs. Goldcoins

SCE Sweden

JUSTITSLIG

Although, that I have shaken the hands and been in the company of kings, queens, presidents, prime ministers, princes and princesses, Nobel price laureates, ambassadors and captains of finance and industry, during the last 39 years I never found myself again after the terrible events in Denmark, I have lived as a changed person marked by the scars which the Danish State inflicted on me and my family.

I did leave my isolation cell, but the solitary isolation has never left me!

JEG EFTERLYSER

Jeg søger personer som kan bidrage med oplysninger, fakta og dokumentation omkring min sag og selskaberne i årene 1974-1984.

Jeg leder efter:

Nye faktuelle Oplysninger om sagen

Diverse TV-optagelser

SCE standard Forretningsbetingel-ser, SCE brugte flere forskellige

Læg-dommeren i Byretten der forlod og rejste til Frankrig

Læg-dommeren i Landsretten, der kom op til min forsvarer og mig i retten og som ville kontakte sin folketingsmedlem

Den person jeg så i Heathrow lufthavn i 2006

Andre der føler de kan bidrage til sandheden eller som kan bekræfte fakta.

Kontakt:    Info@justitslig.com

 

Justitslig?

Justitslig? – What does this word mean in English? Literary translated, it means a human corps left from an injustice. Dead, due to injustice and a corps cannot be brought back to life. The Germans use justizmord, the Danes the word justitsmord.

My first defence counsel, one of the most experienced criminal lawyers in Denmark, Jørgen Jacobsen, was just prior to my hunger strike in August 1980, speaking to me. He said that he felt that a “justitsmord” had already been committed in my case. Further, such murder leaves a corps – I said justitslig? Yes, he said, as a corps cannot be revived.

That first day the Bagmandspolitiet and the Danish authorities arrested you and closed your business, a judicial murder took place, and since then, a corps has been left to rot.

Like I told you before, injustices take place in all part of the society. It is a fact, that if there were tens of thousands of people gathered at the Rådhuspladsen (Town Hall Square) and from the loudspeaker, someone shouted out:” the women over there in the red coat and hat is a slut and a whore”. Most people would believe this and there is nothing that poor woman can do, there and then disprove the masses impression of her.

Everything they (the Danish authorities) did thereafter, was just to cover up this corpse from injustices, the killing and everything which really took place. This was very simple as they used (misused) their power by fabricating lies and deceit whilst using the willing Danish gutter-press to spread the lies.