– Until my arrest “for alleged serious tax evasion” and the closing of the companies, the companies had fulfilled all of their obligations to their clients and were not involved in any unlawful activity.
– Until my arrest, the companies were not involved with any litigation or any form of dispute with clients.
– All disputes reported in the media came after the closing of the companies, my arrest and the media publicity. The fact remains that the companies had no legal dispute with any client as per 31st January 1980.
– The companies had no liquidity problems in January 1980 – Most of the companies and my personal liquid assets were in London, not in Switzerland or some remote offshore place hidden in a bank.
– I have never seen the original warrant for alleged serious tax evasion and what documentation was used to convince the court and justify the issue of such a warrant.
– I had never been contacted before with regards to these allegations of serious tax evasion, nor had my accountant or lawyers.
– I hold the Danish “record” for being kept in pre-trial detention – 1492 days, at least in the last 300 years.
– I never was a prisoner according to the Danish Prison Service (Kriminalforsorgen) – “only” a person kept on remand for 1492 days.
– An internal memorandum from the National Bank in May 1979 showed that the National Bank had been told by the police that it was impossible to make a case against the companies and me since all clients were satisfied with the company and not willing to complain about anything.
– An internal memo by the Copenhagen Tax Office in October 1979 concluded again that the National Bank and the fiscal authority were unable to find any clients who would complain against the companies. Moreover, this memo confirmed that the standard business terms used by the companies did not require SCE to buy or hedge the margin sales. SCE had no obligation to hedge the sales of precious metal on the terminal contracts – deferred sales. The memo further confirmed that most investors did not want their silver delivered, but just liquidated their contracts with SCE.
– I was solvent at the time of my arrest when I was declared bankrupt by a Commercial Court (even the Prosecution’s expensive auditors confirmed this).
– I was declared bankrupt by the Commercial Court, not having proper access to the seized material with Bagmandspolitiet and despite having most of my assets outside Denmark. Moreover, most of these assets outside of Denmark I was allowed to keep.
– I offered the Commercial Court, in February 1980 shortly after my arrest, to bring all my liquid assets to Denmark if I was immediately released in order to run the companies and attend to my affairs.
– The dates selected for making the balances for the estate of the bankruptcies’ was entirely arbitrary so as to give Bagmandspolitiet the best scenario for later making a case against me. Moreover, preventing the registration of SCE A/S did “save” a lot of people from possible bankruptcy as they owed the company money.
– I have never seen the accounts of the estates from the appointed liquidators’ advocates Bent Jespersen and Egon Høgh. What happened to the assets of the companies and my personal assets, my family’s art collection, antiques and valuables? (see below)
– I never had contact with any criminal elements in Danish society before the event accepts the “criminals” among the authorities.
– I never had any plans to run away to South America – all stories planted by the Special Prosecution.
– I never served a criminal sentence anywhere.
– How crazy the Danish bankruptcies were, the liquidator later handed my attorney Folmer Reindel 99 gold coins to give me (worth today US$110,000), since these were “my personal coins”. I was not allowed many other personal coins and collections. Nevertheless, the fact remains that I was allowed to keep many of my valuables, which I do thank the liquidators for, but this makes a mockery of the bankruptcy laws and procedures.
– The Danish media could write more than one thousand five hundred newspaper and magazine articles, broadcast radio and television programmes about my case and the event, but not bother being present at the European Court of Human Rights when Denmark, for the first time since the court was established nearly forty years earlier, stood accused and later judged for the first time. Whereas the French, German, Belgian and Dutch television was there, none from the Danish media bothered.
– The Danish authorities did not pay the money due to the compensation judgement of the Court of Human Rights (ECHR) since they claimed I owed money to pay for the trial – a trial which the ECHR judged to be unfair and confirmed that I did not get a fair trial, a contravention of Article 6 of the Convention of Human Rights – how ridiculous and absurd! I had to pay for a trial which was judged unfair by the Highest Court – The European Court of Human Rights? – No, you can’t fight City Hall.
PS!: I still do not know where all my thousands of wines from my wine cellar ended up, my1961 Chateau Latour, Haut Brion, Mouton Rothchild, Lafitte, and most of all the 1961 Pétrus, one of the best wines of the Century. All Grand Crus, my magnums of Château Cheval Blanc, my favourite wine, of which I had many bottles, each bottle would today cost a fortune.
I was fortunate to drink three bottles of the 1947 Cheval Blanc in my life, after buying in 1965 a whole case from Montreux Palace. The hotel had one of the biggest wine cellars in Europe. This wine is often spoken of as a benchmark wine, indeed, a yardstick against which other Bordeaux should be measured and a standard to which contemporary winemakers should aspire.
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.
Justitslig? - What does this word mean in English? Literary translated, it means a human corpse left from an injustice. Dead, due to injustice and a corpse 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 corpse, – I said justitslig? Yes, he said, as a corpse 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 woman 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.
Although that I have shaken 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 my family and me.
I did leave my isolation cell, but the solitary isolation has never left me!