An editorial leader of the newspaper Information’s Editorial-Leader on 3rd November 1982, the editor attacks the judgement and put a big question mark to its legitimacy and worthiness. For non-Danes, the Information newspaper is considered as the most academic correct and independent newspaper in Denmark, read by the most intellectual of the Danish society.
“Judge Claus Larsen appears, according to the judgement that he has formulated on his and the two lay-judges (housewives) behalf, to not have attended the trial when the defence augmented and during the summing-up of the case.
There are no records for the defence arguments for summing up in the judgement. Without commenting about the prosecution we can establish that the two defence attorneys review of the whole case and the legal content was of the highest intellectual plan and convincingly questioned Bagmandspolitiet charges.
Claus Larsen routinely lashed out with his three year routine of using the automatic approval for the prosecution’s wishes and chose in the judgement just to copy the prosecutions (Bagmandspolitiet) indictment word for word with a change of a comma, just to show his independent work.”
“Fraud (as Hauschildt was judged for), presumes that the defrauded has been misled by the accused. The prosecution claimed that Hauschildt had defrauded the clients by not securing and hedging the precious metal. The defence proved that the clients had not received such promise in the standard business terms.” (Information newspaper confirms the same views and facts, as the respected law professors in Sweden, that the companies business terms did not require the companies to hedge.
“The court still insisted that clients had been misled, despite the proof in the business terms. The court should at least have included the clients, who had told the court that they had not been misled, in the judgment. But Claus Larsen, who must have a right arm as a village blacksmith from the use of his hammer, swings his rubber stamp and judge Hauschildt wholesale.”
Further, in this editorial leader in Information, it states: “It is not unknown that the courts are influenced by the media and the atmosphere that the press can blow up and manipulate information. The prosecution has, in the most profound way, argued their case in the tabloid media for the last three years.
It is not difficult to understand that a judge, who has for nearly three years and month after month took the responsibility of keeping a person incarcerated, may have the mental strength and personality to go above his many possible faulty decisions throughout the years. It is only human for the judge to justify his many previous decisions as to the incarceration.”
The editorial leader goes on to criticise many aspects of the judgement.
The objectivity of reporting by Information newspaper can be seen from there articles covering the end of the trial at the City Court (see: Information 8th September 1982, – Information 15th September 1982, Information 16th September 1082, – Information 23rd September 1982, – Information 24th September 1982 – Editorial-Leader)
The Trial by the Press
No other major newspaper showed the objectivity of Information newspaper – sadly they wanted to sell headlines stories.
The free press has a responsibility. The free media should be a guarantor for the citizen for exposing obvious injustices and wrongdoings by government and their civil servants.
“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 daily deals with Swiss banks, New York and London – movement of money and in a financial market most people in Denmark do not know and can’t participate in, you controlled your business and do not employ many people, not like a factory owner.”
Advocate Jørgen Jacobsen July 1980 – nearly 4 years before the end of my pre-trial detention and 8 months before being charged!
The Danish media failed miserably in their responsibility in my case. Instead of seeing through the authorities’ true intentions, 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 livens up all the “stories” from false gold bars to black-market trading and even murder; all totally untrue.
These lies appeared in the newspapers at a time when I was in solitary confinement and was without any possibility to speak out. I submitted more than one thousand one hundred newspaper articles to the European Court of Human Rights.
We know today how Stasi worked in DDR, just spying on ordinary citizens' movements, making files on everyone and everything.
Bagmandspolitiet had in my case more than five years, during which they could act as an agent provocateur, intercept telephone calls, communication and spy on me, our staff and the companies; “leak” disinformation, lies and rumours.
Criminal Commissioner Mogens Kanding from Bagmandspolitiet (Special Prosecution) told Jyllands-Posten, Friday the 1st February 1980 :
“We have been investigating the company since it started (1974) just to see what is happening. Approximately three weeks ago our investigation became more intensive on our own initiative. We have not received any complaints“.
Mogens Kanding, criminal commissioner from Bagmandspolitiet tells Børsen (the main financial newspaper) on the day after my arrest:
“Through channels which we control we have found out that possible serious tax evasion has taken place, according to the criminal code paragraph 289 tells Mogens Kanding Børsen”.
“We will go through all the material and especially concentrate on the companies order confirmations and dealings with its clients since we wish to double control on these client’s tax returns. At the same time we want to concentrate to see if there has been any wrongdoing by the company, as an example if we suspect any fraud against the clients, we will contact these clients and ask for their version.”
Bagmandspolitiet has been investigating the company for more than five years just to see what? Just like Stasi or KGB. As Stalin said, “Show me a person and I will always find a reason against him” (to kill him or send him to the Gulag).
No complaint had been made to the police and the Special Prosecution (Bagmandspolitiet). The Special Prosecution decided themselves to take the action.
Further, that black money was invested in precious metals and the profits were tax free outside the reach of the fiscal authorities. This could NOT BE TOLERATED, despite that the current law allowed this at the time.
My British barristers Geoffrey Robertson QC and Kier Starmer were shocked to find out the powers of the Special Prosecution (Bagmandspolitiet) and that they themselves could select their target, act as agent provocateurs, intercept communication and create disinformation and lies. They compared rightly Bagmandspolitiet, in the European Court of Human Rights, to Stasi and KGB.
I was a victim of the Danish state: it was the state that took me hostage, traumatised me; and despite the judgment from the European Court of Human Rights, Denmark never recognised that in any shape or form.
At the outset of the trial in the lower court (Copenhagen City Court) my defence attorney Folmer Reindel said to a leading newspaper, Berlingske Tidende:
"With the collaboration between the judge (Claus Larsen), the prosecution and the prison service, which consequence seriously affects and prevent the defence - I fear a miscarriage of justice"
It was obvious to everyone except the tabloid media.
"Med det samarbejde, der I sagen foregår mellem dommeren, fængselsvæsenet og anklagemyndigheden, og hvis konsekvens er en væsentlig hindring af forsvarets mulighed, frygter jeg et justitsmord"
I was a victim of the Danish State; it was the state that took me, hostage, in pre-trial detention for more than 4 years. Kept me for more than 300 days in solitary confinement and traumatised me for life.
Denmark has never recognised that in any shape or form.
Police Commissioner Mogens Kanding (from Bagmandspolitiet) told the main newspaper Politiken, on the day of my arrest for alleged tax evasion. (31st January 1980) – ALL LIES
"A major part of the profit from the Danish company, which had a turnover of half a billion Kroner, apparently has been transferred to post-box companies in Switzerland"
Next day Police Commissioner Mogens Kanding (from Bagmandspolitiet) told the newspaper Politiken:
“That a major part of the profit from the Danish company, which had a turnover of half a billion Kroner (500 million) apparently has been transferred to post-box companies in Switzerland. After the carrying out of the search, we have been able to confirm that large amounts have been sent to companies in Switzerland and there is often only a lawyer’s office there where the money is then hidden from the police”
After the police, tax authorities and the customs and excise office’s investigation, it does look like the company in Denmark have earned large amounts on the Swiss addresses.
Special Prosecutor Finn Meilby, the Chief of Bagmandspolitiet (Special Prosecution) told the largest tabloid newspaper BT on the 31st January 1980:
"It is our impression that the money has been taken out of the country"
"That the arrest of Mogens Hauschildt only concerns the alleged tax evasions"
I was never charged with tax evasion since this was a trumped-up charge - there truly was no tax evasion by me or the companies.
“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 daily deals with Swiss banks, New York and London – movement of money and in a financial market most people in Denmark do not know and can’t participate in, you controlled your business and do not employ many people, not like a factory owner.”-
Advocate Jørgen Jacobsen (1980)
No one has been held accountable for the injustices in my case, my treatment, the solitary confinement, the unjust treatment of my family, the staff and many of Scandinavian Capital Exchange’s clients.
My customers' faith was sealed when at a cabinet meeting in the late autumn of 1979 at Christiansborg; Prime Minister Anker Jørgensen was confronted with a report showing all the failures of the Special Prosecution for Economic Crimes (Bagmandspolitiet), a creation by the Socialist.
The Danish High Court Judge Holger Kallehague said to Politiken newspaper (12th September 1982) that:
Hauschildt was subjected to the same treatment and "justice" as the suspected and alleged witches five hundred years earlier. They would bind the poor woman, put her into a sack and fill the sack with stones after which they throw her into the water.
If she drowned, she could not have been a witch; and was innocent, however, if she got free and came to the surface, she must have been a witch and therefore, was burned alive on the fire.
I told the courts many times that I was both physically and mentally ill and wanted to consult a psychiatrist and get outside medical attention. - I was refused this during the four years of pre-trial detention - therefore I was never treated for all my illnesses caused by the more than four years of pre-trial detention with the long total solitary confinement!
Bagmandspolitiet directly prevented me from having my complaint about my long solitary confinement and atrocious treatment dealt with by the European Commission of Human Rights. Bagmandspolitiet held back all correspondence with the Commission for more than 24 months. A serious breach of the Convention.
In pre-trial solitary confinement, I remained vulnerable against the unjustifiable parasitic strains of the Danish tabloid press.
”I feel that I have been reduced to a defence counsel in a Russian Military Court.”
Advocate Folmer Reindel told the Copenhagen City Court
Professor of Law, Ole Krarup, said that:
“I played chess blindfolded“
I did indeed - and there was nothing neither I nor my defence lawyers could do about this injustice.
My first defence attorney advocate Jørgen Jacobsen’s statement to the Court:
“The prosecution could as well hold their “court hearings” at their own offices without the judges, the defence and the accused – the result would be the same.”
Advocate Folmer Reindel told the European Court of Human Rights in Strasbourg – 26th September 1988:
“It is clear that the Danish authorities had, for a long time, the objective to close down Hauschildt’s successful and profitable business, irrespective, that the companies acted correctly and within the Danish law.
From the first day of the action against Hauschildt and his companies, it has been the objective of the Danish authorities to justify their illegal acts at any cost, including keeping Hauschildt in solitary confinement and pre-trial detention for more than four years as a hostage to justice. The Danish authorities acted with total contempt for the Danish law, justice and the European Human Rights Convention.
Hauschildt and his companies became a victim of the Danish State”
The European Court of Human Rights held an open court hearing on the 26th September 1988, in front of the full court of 17 judges from all the 17 member countries.
The German, French, Belgian and Dutch television were there, but not the Danish State Television which for years had been used by the Danish authorities to create a trial by the media.
The Danish public and many clients of Scandinavian Capital Exchange was fooled and lied to by Bagmandspolitiet and the Danish media. Fooled by the misinformation, malicious lies and innuendoes put out by the prosecution in the press.
I always considered myself as a "Systemfange", a prisoner of conscience; the case against me and my companies was entirely political.
- Mogens Hauschildt
The famous Danish TV host, author and priest Jørgen Thorgaard wrote in the tabloid BT referring to my case, which was finished at the time:
“It is my impression that the police, the courts and the prosecution in the best scenario have been acting very incompetently and in the worst scenario, created a miscarriage of justice”.
In an interview with Berlingske Tidende in 1981, Finn Meilby, the chief of Bagmandspolitiet said that some “observations” can go on for years, others go fast.
“In the current case of the gold and silver speculations, Bagmandspolitiet worked hectically for thirty days. The market was so overheated that they got our interest and quickly received information confirming our suspicion of lawbreaking activities. We foresaw that large and small savers were running a risk – and hit”
They raided the companies for “open television” without any complaint – only a trump-up charge of alleged tax evasion.
HAUSCHILDT SHOUT OUT – A MISCARRIAGE OF JUSTICE
The popular tabloid press just ridiculed everything as they acted as henchmen for the authorities. The above headline as to miscarriage of justice appeared more than four years before the end of my pre-trial detention.
Recently the highly respected journalist and Pulitzer Prize winner Carl Bernstein (Watergate), spoke out about the tabloid press and said that the tabloid press works at the sewer level and pollutes by bringing everything into the gutter. The tabloid intrusion has no accountability and is corrupt and criminal, totally without morale. I agree with his assessment wholeheartedly.
Bagmandspolitiet showed my letters and personal notes, which I made during in my solitary confinement, to the Danish tabloid. These notes and letters were made in deep despair and distress when I suffered from the torture of solitary confinement and after witnessing that everything I had worked for being ruined and stolen as well as seeing my sons, wife and mother going through hell.
The fact, that I was allowed to receive newspapers from time to time, newspapers which included articles about me, lies and outrageous made up stories, was effective torture, at times the worst. Seeing constantly lies and made up stories about you and your family, without you can do anything. I was not able to write to the newspaper or in any way answer back. My lawyer was not allowed to say anything.
It is not unknown that the courts are influenced by the media and the atmosphere where the press can blow up and manipulate information, the prosecution has in the most profound way argued their case in the tabloid media for the last three years”
– Information Newspaper’s Editorial
Nevertheless, these notes became regular fodder for the gutter press which ridiculed me and even worse, criminalised me. I could do nothing from my isolation cell.
There seems to be a bias in most news reporting, it is daily that we see reporters lie by inference and omission without any accountability. I have seen well-intentioned news publications in the United Kingdom and the US fly in to a state of high dudgeon and defend their reporter’s dubious behaviour on the premises of newsroom morale and press independence. All media publishers do have power without responsibility – not only in Denmark.
The Danish media failed in its responsibility in my case; journalists made no objective inquiry to determine the real background of the events which took place on the 31st January 1980 moreover the damages which had been caused that first day with the closing of the companies.
Later a few serious journalists became aware of what really had taken place and the truth, such as Leif Blædel and Rolf Bagger, but by then it was too late and the damage was done
Advocate: The Police subject the silver king to psychological torture
The media really missed the underlying story and truth – the Danish justice system reflected a political view where “profits” and “speculations” had become ugly words. The justice system, under the many arms of the Ministry of Justice, had failed to furnish the mechanisms for preventing incompetents from finding their way into the process, accumulating important responsibilities and surviving, in spite of the glaring injustices they perpetrate.
This was something that the media in Russia or DDR could do nothing about, whereas in Denmark it had such possibility, but moreover the obligation to do something about it.
“Of all the ills there are, Rumour is the swiftest”. She thrives on moments and gathers strength as she goes. From small and timorous beginnings she soon lifts herself up into the air, her feet still on the ground and her head hidden in the clouds.
Rumour is quick of foot and swift on the wing, a huge and horrible monster, and under every feather of her body, strange to tell, there lies an eye that never sleeps, a mouth and a tongue that are never silent and an ear always pricked. By night she flies between earth and sky, squawking through the darkness, and never lowers her eyelids in deep sleep. By day she keeps watch perched on the tops of gables or on high towers and causes fear in great cities, holding fast to her lies and distortions as often as she tells the truth.”
The ancient Roman poet Virgil wrote this in his Aeneid.
Rumour was not there but rumours were created and were something the Danish authorities took great advantage of when they invited the Danish Television to film the storming of the companies’ offices and rumours were created every hour on the Danish radio news telling the Danish public about the event and my arrest.
Denmark had at the time only one television station Danmarks Radio and Television, which with their 19.30 news (TV-Avisen) had everyone in Denmark clued in front of their television.
Since this was the biggest story that night showing the television people at our banking offices at Højbro Plads together with members of the Special Prosecution, Copenhagen fiscal authorities and other journalists – the program sealed the fate of the companies, our clients and staff and me. In reality, the Special Prosecution and the authorities had no way back. The point had been reached, as Franz Kafka said, from which there was no return.
The outcome was obvious the clients of the companies became anxious and desperate with many of them being told by Bagmandspolitiet “it is all fraud”. Just imagine a bank which has been closed with the TV cameras rolling, how do the depositors feel?
A few days, after my arrest, the Danish Television featured a special program for 40 minutes at prime time (20:00) and repeated five days later. Such a television program had devastating effects on how the public and indeed the company’s many clients perceived what had happened to the companies and me.
Rumours and insinuations, later followed by lies, innuendoes and fictitious stories in the tabloid press, all properly became the most important weapon for Bagmandspolitiet and the Danish authorities in covering up the injustices against my companies, our clients, our staff, my family and me.
Confidence and trust is everything when you deal with people’s money. The moment the seed of doubt has been planted out goes confidence and trust – then fear enters.
The Danish authorities wanted maximum impact and created fear among the companies’ customers so they could believe something was wrong with the companies and all shout that we had been defrauded.
Yes, all were defrauded, but neither by me nor the companies but by the Danish authorities using their henchmen: Bagmandspolitiet, the courts and the unscrupulous tabloid press.
In the City Court, Bagmandspolitiet argued for a 12 years sentence, but in the High Court, they argued for a 10 years sentence?
At least some of the judges in the High Court had some decency and independence when they gave me a sentence of 5 years – they had to just to justify my pre-trial incarceration, but they could have given me 8 years, as I, in reality, had served an 8 years sentence.
The famous Danish TV host, author and priest Jørgen Thorgaard wrote in BT referring to my case (which was finished at the time):
“It is my impression that the police, the courts and the prosecution in the best scenario have been acting very incompetently and in the worst scenario, created a miscarriage of justice”.
Thorgaard only echoed what my defence lawyer Folmer Reindel had told Berlingske Tidende five years earlier, “That he feared a justitsmord – a miscarriage of justice” and that was at the start of the trial in the lower court.
When Anker Jørgensen died in 2016, many articles in the Danish press mentioned the truth about this not very bright Danish Prime minister for two periods. He was responsible for Denmark’s devastating immigration policy and the enormous financial deficit. What is more, he admired North Korea and its despot Kim Il Sung (see Berlingske Tidende 16 May 1984).
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. I was a capitalist pig and the ideal candidate for the socialist.
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 his people’s freedom and happiness. Moreover that North Korea was a wonderful country and the people should be proud of their country’s independence 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! (see Berlingske Tidende 16 May 1984).
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 within our business, I found such outrageous 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
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
The Rigged Danish Justice System
Yes, the Danish justice system was rigged before my win and judgement against Denmark at the European Court of Human Rights in 1989.
Yes, it was rigged by political prosecutions like mine. Yes, it was rigged because the Ministry of Justice was in charge of the police, prosecution, the appointment of the judges, the courts and prisons.
Even the former Minister of Justice for seven years and longest-serving member of the Danish Parliament, Erik Ninn-Hansen confirmed that the judges in Denmark were not independent – but under the dictatorship of the Ministry - he should know!
Rigged definition in most dictionaries: - manipulated or controlled by deceptive or dishonest means
Rigged is defined as something that is fixed in a dishonest way to guarantee the desired outcome.