Crimes against humanity: Two complaints against Siemens from Romania and Argentina

From Argentina:

Bribery Whistleblower Claims Siemens Sicced Argentine Death Squad on Him

Monday, September 17, 2012

MIAMI (CN) – Siemens sicced “mercenaries” to beat and torture a government worker who blew the whistle on its multimillion-dollar bribes to Argentine officials, in pursuit of a $1 billion government contract, the man claims in court.

     Carlos Moran sued Siemens in Federal Court. Siemens’ head office in Germany and its Argentine branch are the only defendants.
     Moran claims he worked as an investigator for SIGEN (Sindico General de la Nacion) “when he was brutally attacked by the mercenaries hired by Siemens Argentina.”
     (Síndico is a multipurpose noun which may be translated as attorney general, treasury, or trustee. In his complaint, Moran describes SIGEN as “an independent governing body of the internal control system within the Argentine government, charged with ‘… ensuring the implementation of principles of financial regularity, legality, economic, efficient and effective delivery and implementation of public resources.'” That language closely tracks SIGEN’s description of itself in its Spanish-language Web page.)
     “Siemens AG and Siemens Argentina were involved in an over ten-year long corruption scheme centered on securing a $1 billion government contract in connection with Argentina’s National Identity Card Project,” Moran says in the complaint. “As part of this scheme, defendants made over $100 million in illegal bribes to many high-level government officials, including Moran’s former boss, Raphael Bielsa, the head of SIGEN, in exchange for a favorable advisory opinion on Siemens Argentina’s contract proposal.”
     Siemens paid $1.6 billion to settle bribery corruption charges in this case, according to the U.S. Department of Justice. The SEC and the Department of Justice then brought parallel charges against seven Siemens executives and former executives, in December 2011.
     Moran says he recommended that Argentina reject Siemens’ proposal to make the ID cards because he suspected the company was inundated with corruption, but his boss ignored his findings.
     “Siemens Argentina was aware of Moran’s review of the Siemens Argentina proposal and of his recommendations to Bielsa, specifically, that such proposal be rejected because of its apparent corruption of certain government officials,” the complaint states.
     “When Moran threatened to disclose the results of his review, including his suspicion of bribery of a number of Argentine government officials and the apparent bribery of Bielsa, he was threatened with retaliation by Bielsa if he persisted in such disclosure. When verbal threats to Moran proved to be inadequate to dissuade him from his disclosure, he was brutally attacked and beaten outside of his home. Moran repeatedly was punched and kicked about the head, rendering him unconscious and causing permanent damage to his vision and hearing. Prior to his losing consciousness, Moran heard his attackers repeatedly calling him a ‘whistle blower,’ in an obvious attempt to warn him against any further attempt to disclose the subject of his investigation,” the complaint states.
     Moran claims Siemens’ goon squad was made up former Montoneros, left-wing guerillas who were active in the 1960s and ’70’s, and a man who was and adviser to Argentina’s former President Carlos Menem.
     “Moran recognized some of his attackers, who were associated with the group, including an individual know to him as Rodolfo Galimberti, who was, at one time or another, in the employ of Siemens Argentina and was a close associate and advisor of Carlos Menem, the former president of Argentina,” the complaint states.
     “Galimberti, a known guerilla and former leader of the Montoneros criminal organization, is responsible for numerous accounts of urban violence, bombings and kidnappings, including the widely publicized kidnapping of billionaire Jorge Born, for which the Montoneros group received $60 million in ransom.
     “Upon information and belief, Siemens Argentina was responsible for the retaliation against Moran by Galimberti whose attack upon Moran was for the purpose of silencing him as a result of his threatened disclosure of the result of his review of Siemens Argentina’s proposal, and also to protect Bielsa, the head of SIGEN, from potential corruption charges and prosecution for his intentional concealment of the corruption of Argentine government officials in connection with the Siemens Argentina proposal.
     “After the project was suspended and finally canceled on May 18, 2001 by Carlos Menem’s successor, President Fernando De la Rua, Siemens AG and Siemens Argentina continued to bribe officials of the new government administration, including President de la Rua himself, in an effort to get the project back on line.
     “These bribes were executed through several shell companies, set up as payment intermediaries, to funnel bribes to the government officials. These various companies were collectively known as the ‘project group.’ One of the companies involved was MFast, a company owned by the former Minister of Justice, which was set up to receive a $1 million bribe to influence the head of SIGEN, Bielsa, Moran’s former boss, to recommend the approval of a revised contract between Siemens Argentina and the new administration of the Argentine government.”
     The meetings to negotiate the bribes took place in Miami, and some of the bribes were funneled through U.S. bank accounts, Moran says.
     The complaint adds: “Despite Siemens Argentina’s efforts, the contract was never reinitiated and, as a result, Siemens Argentina instituted an arbitration proceeding against the government of Argentina for breach of contract, seeking $550 million for lost profits and expenses for Argentina’s alleged wrongful termination of the project.
     “The pending arbitration proceeding presented another motivation for Siemens AG and Siemens Argentina to ensure that Moran did not expose the corrupt practices involved in securing the project as evidence of such corruption would provide a potential defense for the new government of Argentina in proceedings.
     “After being threatened outside his home at gunpoint, Moran was forced to resign from his job at SIGEN in late 2001, in fear for his life and in fear for the lives of his wife and son.”
     “Moran had worked for SIEGEN and various other Argentine government compliance agencies for over 37 years but now as a result of erroneous and disparaging allegations by his former superiors, he is unemployable in any governmental capacity. In fact, Moran has been unable to secure permanent employment at all due to the permanent disabilities he sustained when he was brutally attacked by the mercenaries hired by Siemens Argentina.
     “The assaults, threats, and intimidation to which Moran has been victim to include, but are not limited to, physical assaults at gunpoint, being run off the road, stalking, continuous harassing phone calls to his home, threats of kidnapping, and threats to burn down his home, including leaving incendiary devices and photographs and newspaper articles of homes burned down by fire outside his home.
     “The years of physical and mental abuse have caused irreparable damage to Moran and his family. The constant fear in which Moran, wife and son have been forced to live has caused plaintiffs to suffer both physical and emotional injuries. As a result of the extreme violence he has witnessed and the fear he has endured, beginning at such a young age, Moran’s son has developed a severe stuttering problem which he continues to receive therapy for to this day.”
     Morans seek more than $100 million in damages for attempted extrajudicial killing; torture; cruel, inhuman and degrading treatment; and crimes against humanity.

http://www.courthousenews.com/2012/09/17/50338.htm

From Romania:

The lawsuits are displayed on http://portal.just.ro/59/SitePages/Dosar.aspx?id_dosar=3000000000022157&id_inst=59

 

related 

– Un programator de la Continental Automotive cere anchetarea penala a intregii echipe manageriale …

WOW!

– High Tide: From Death Squads to Money-Laundering Probes …

– Siemens Is Sued for Rights Violations by Argentine – Bloomberg

 

updated on February 5, 2017

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3 comments on “Crimes against humanity: Two complaints against Siemens from Romania and Argentina

  1. Concernul german “Continental” se afla in centrul unui nou scandal in Romania, dupa ce unul dintre angajatii SC “Continental Automotive Romania” SRL, cu sediul in Timisoara, fosta “Siemens VDO Automotive Romania” SRL, a decis sa formuleze o plangere penala impotriva conducerii companiei, pe care o acuza in bloc de nepunerea in aplicare a unei hotarari judecatoresti definitive ce prevedea plata retroactiva a salariilor in termen de 15 zile de la pronuntarea sentintei.

    In plangerea penala depusa la Parchetul de pe langa Judecatoria Timisoara, inregistrata sub nr. 4047/P/2010, Nicolae Bogdan Suditu, avand functia de programator, cere tragerea la raspundere penala a managerului general Christian von Albrichsfeld, a managerului de fabrica Peter Gruen, a managerului financiar Aurel Stanciu si a managerului de resurse umane Anica Stoica pentru desfacerea abuziva a contractului de munca si refuzul de a fi reangajat pe acelasi post dupa ce si-a castigat acest drept in fata instantelor de judecata.

    Conturile SC Continental Automotive, poprite de executorul judecatoresc

    In plangerea depusa la Parchet, reclamantul a relatat modul in care s-au comportat managerii germani dupa ce instantele de judecata au hotarat reangajarea sa si plata retroactiva a salariilor, refuzul conducatorilor de la fosta Siemens VDO Automotive Romania fiind argumentat prin “legislatia germana” care ar guverna relatiile de munca in interiorul acestor societati comerciale cu capital strain.

    “Sunt angajat al societatii comerciale Continental Automotive Romania SRL din 12.01.2004, avand functia de programator. In 18.04.2008 mi-a fost desfacut disciplinar contractul de munca. Am contestat in instanta aceasta hotarare de concediere. In 13.11.2009, Curtea de Apel Timisoara a hotarat repunerea partilor in situatia anterioara emiterii actului de concediere si a obligat unitatea angajatoare la plata unei despagubiri egale cu salariile indexate, majorate si reactualizate cu celelalte drepturi de care as fi beneficiat ca si salariat. Conducerea SC Continental Automotive Romania SRL m-a invitat sa ma prezint la servici in data de 08.02.2010, pe Calea Martirilor 1989, nr. 1 Timisoara, cerinta careia m-am conformat. Ulterior, conducerea fabricii a impiedicat punerea in aplicare a deciziei definitive si irevocabile prin nepunerea la dispozitia expertului contabil a documentelor necesare stabilirii drepturilor salariale indexate, majorate si reactualizate”, precizeaza Nicolae Suditu in plangerea penala.

    Mai mult, fostul angajat al Continental acuza echipa manageriala ca i-a conditionat reintegrarea in fostul loc de munca de executarea unui control psihologic. “Mentionez conditionarea reintegrarii de executarea unui control psihologic de catre subsemnatul, control psihologic nesolicitat nici unui alt angajat care ocupa functia pe care o ocup eu, de programator. La observatia mea privind faptul ca aceasta solicitare reprezinta o discriminare evidenta fata de ceilalti colegi, conducerea Continental Automotive Romania a renuntat la solicitarea efectuarii unui control psihologic”, mai spune reclamantul, indicand faptul ca, desi instanta de judecata a stabilit reangajarea pe vechiul loc de munca, i s-a interzis in mod constant accesul in unitatea de productie situata pe strada Siemens nr. 1.

    “In datele de 10.02.2010, 16.02.2010, 18.03.2010 mi s-a interzis accesul la locul de munca, iar ulterior am fost acceptat la punctul de lucru din Calea Martirilor 1989, nr.1, acces limitat doar la sala de sedinte, sala de mese si toaleta”. In conditiile in care Continental Automotive Romania SRL a refuzat si plata retroactiva a salariilor in cazul angajatului concediat abuziv, in data de 16.03.2010 executorul judecatoresc Cristian Craciun a trimis adrese catre 31 de banci, carora le-a solicitat poprierea conturilor bancare ale Continental Automotive pana la plata sumelor restante in contul lui Nicolae Suditu. Lucru care s-a si intamplat…

    Salarii compensatorii pentru a renunta la acuzatia de „boala profesionala“

    Dupa toate aceste sicane profesionale, Nicolae Suditu a cedat nervos si si-a inaintat demisia din functia de programator, gest care l-a socat de-a binelea pe avocatul sau, Adrian Garboveanu. „I-am castigat toate procesele cu angajatorul german, a fost reintegrat la vechiul loc de munca, este adevarat, cu mare greutate, si urma sa negociem plata unor salarii compensatorii pentru a nu deschide un proces prin care sa dovedim ca clientul meu, in perioada cat a lucrat in acea fabrica, a contactat o boala profesionala. Desi, initial, Nicolae Suditu a pretins ca despagubire suma de un milion de euro, absolut nerealista in aceasta situatie, am avut cateva runde de negocieri cu conducerea fabricii si am ajuns, de comun acord, la decizia de a fi despagubiti cu cuantumul a 30 de salarii nete. Spre surprinderea mea, imediat dupa ce i-am comunicat ca, in urma negocierilor, am obtinut plata a 30 de salarii compensatorii, Suditu si-a dat demisia si a plecat de buna voie din fabrica”, spune Adrian Garboveanu, cu precizarea ca de atunci nu l-a mai vazut pe clientul sau.

    „Astept sa vad ce solutie vor da procurorii la plangerea mea penala. Nu este posibil sa vina nemtii sa-si faca legi proprii in Romania, batandu-si joc de angajati”, ne-a precizat Nicolae Suditu. In tentativa de a afla si opinia conducerii SC Continental Automotive Romania SRL despre acest scandal am incercat sa o contactam pe Virginia Radoslav, asistent manager si purtator de cuvant al institutiei. In conditiile in care domnia sa nu a raspuns repetatelor apeluri telefonice, ne-am deplasat la unitatea Continetal din Calea Martirilor, unde am fost instiintati pe un ton inchizitorial ca tanara specialista in PR este in concediu. “V-ati programat o intalnire? V-a chemat domnisoara Radoslav? Este in concediu, cred. Reveniti cu un telefon saptamana asta sau saptamana viitoare pentru a primi informatiile de care aveti nevoie”, ne-a recomandat tanara care pazea intrarea fabricii, dupa ce ne-a solicitat un numar de telefon unde, eventual, sa fim contactati de conducerea societatii.

    Protocoalele germane interzic, pesemne, dezvaluirea de informatii despre actualii si fostii angajati, motiv pentru care inca asteptam punctul de vedere al SC Continental Automotive Romania SRL despre acest subiect.

    http://www.opiniatimisoarei.ro/programator-de-la-continental-automotive-cere-anchetarea-penala-intregii-echipe-manageriale-fabricii/15/10/2011

    • Google translation

      The German “Continental” is at the center of a new scandal in Romania after an employee SC “Continental Automotive Romania” SRL, based in Timisoara, was “Siemens VDO Automotive Romania” Ltd., decided to make a criminal complaint against management company, which he accused the bloc of non-implementation of a final judgment that provided retroactive wage payment within 15 days of sentencing.

      In the criminal complaint filed with the Prosecutor’s Office Court of Timisoara, registered under no. 4047/P/2010, Nicolae Bogdan Suditu having by program requires criminal liability Christian von Albrichsfeld general manager, plant manager Peter Gruen, Aurel Stanciu financial manager and human resources manager for selling abusive Anica Stoica the employment contract and refusal to be reinstated to the same post after he won that right in front of the court.

      Accounts SC Continental Automotive, seized by the bailiff

      In the complaint filed with the Prosecutor’s Office, told how the applicant behaved German managers after courts decided retroactive reinstatement and payment of wages, denial of leaders from the former Siemens VDO Automotive Romania being claimed as “German law” which would govern labor relations within these companies with foreign capital.

      “I am an employee of the Company on 12.01.2004 Continental Automotive Romania SRL, with different programs. On 18.04.2008 I was opened disciplinary grounds. I challenged this decision in court for dismissal. On 13.11.2009, the Court of Appeal decided Timisoara throw parties in the previous situation issuance of the act of dismissal and ordered the employer to pay compensation unit equal wages indexed and updated plus other duties that I have received as an employee. Leadership SC Continental Automotive Romania SRL invited me to introduce myself to work on date 08.02.2010, the Way of the Martyrs, 1989, no. 1 Timisoara, I complied with requirements. Subsequently, the factory management has prevented the implementation of the final and irrevocable failure chartered accountant available documents necessary to establish the salary index, increased and updated, “says Nicholas Suditu in the criminal complaint.

      Moreover, the Continental accuses former employee management team as the conditioning reintegration of former job execution psychological control. “Execute mention conditioning reintegration of psychological control by the undersigned, unsolicited psychological control any other employee who occupies the position that I occupy, the programmer. In my observation on the fact that this request is a clear discrimination from their peers, the management of Continental Automotive Romania waive performing a psychological control, “says plaintiff, indicating that, although the court has determined rehiring the old place work has been consistently denied access to productive unit at Siemens no. January.

      “The dates 10.02.2010, 16.02.2010, 18.03.2010 I was not allowed to work and then I was accepted at the work of Martyrs Way 1989 1, limited access to the meeting room, dining room and bathroom. ” Given that Continental Automotive Romania SRL refused and retroactive payment of wages in case of unfair dismissal the employee, on 16.03.2010 Cristian Craciun bailiff sent to addresses 31 banks, which they called the bank accounts of Continental Automotive poprierea until the outstanding payment on account of Nicholas Suditu. The thing that actually happened …

      Severance payments to give up charge of “illness”

      After all these chicanes professional Suditu Nicholas snapped and he submitted his resignation to the program, which shocked gesture for good lawyer, Adrian Garboveanu. “I’ve won all processes with German employer, was reinstated to his old job, it is true, with great difficulty, and was to negotiate severance pay not to open a process to prove that my client in period they worked in the factory, contacted an illness. Although initially Nicholas Suditu claimed compensation amount of one million euros, completely unrealistic in this situation, I had several rounds of negotiations with the management company, and we reached the agreement, the decision to be compensated by the amount of 30 net salary. To my surprise, immediately after I press that following negotiations, we received 30 severance pay, Suditu and resigned and willingly left the factory, “says Adrian Garboveanu, indicating that the then not seen his client.

      “I’m waiting to see what solution will give my criminal complaint prosecutors to. It is not possible to blame the Germans to make their own laws in Romania, mocking employees, “said Nicholas Suditu us. In an attempt to find and view the SC Continental Automotive Romania SRL about this scandal I tried to contact Virginia Radoslav, assistant manager and spokesperson of the institution. Given that he has not responded to repeated phone calls, we went to the Continental unit of Martyrs path where we were admonish the young inquisitorial tone PR specialist is on vacation. “Have you an appointment? We called Miss Radoslav? It is on vacation, I think. Call back this week or next week to get the information you need, “he recommended young guarding the entrance to the plant, after we asked for a phone number where possibly to be contacted by the management company.

      German protocols prohibit, perhaps, the disclosure of information about current and former employees, which is why we are still waiting view of SC Continental Automotive Romania SRL on the subject.

  2. [JusticeForGreece] Contact

    April 27, 2015 at 15:20

    Today I filled out a new request to the European Parliament and International Criminal Court – Hague. The basic idea is that in the next few weeks I will go in the plenary of the European Parliament and to the Office of the Prosecutor of the International Criminal Court to tell the truth regarding my complaint registered at the International Criminal Court – Hague with No. 359/2013 and at the European Parliament with Petition No. 2344/2013. The letter was sent also to the New York Times magazine, MIT University, Heidelberg University etc. Please, make it public. Please, tell to all your friends about this thing because it represents a milestone in our fight. In the following I will paste this letter. Thank you! Regarding the Case OTP – CR – 359/13 – International Criminal Court – Hague Regarding the Petition No. 2344/2013 – Committee on Petitions – European Parliament To the Chairman of the Executive Board of World Health Organization MOHAMED HUSSAIN SHAREEF To the Prosecutor of the International Criminal Court – Hague Prosecutor FATOU BENSOUDA To the President of the European Parliament President MARTIN SCHULZ To the President of the European Commission President JEAN – CLAUDE JUNKER DEAR MADAM / SIR, SUDITU NICOLAE BOGDAN is my name. I live in Romania. I am involved in the case recorded at the International Criminal Court – Hague, Office of the Prosecutor – 359/ 11th of November 2013. My complaint against SIEMENS and CONTINENTAL AG sent to the Prosecutor of the International Criminal Court – Hague comprises the accussation CRIMES AGAINST HUMANITY. This complaint was registered as OTP – CR – 359/13. Also, this complaint was sent to the European Parliament and recorded as Petition No. 2344/2013 at the Committee on Petitions. In the next few weeks I will participate on public hearings related on this matter in plenary of the European Parliament and Office of the Prosecutor – Hague. Please, specify me a certain day for this public hearing. Also, regarding this issue please, contact the Direction for Public Health, Timis County, Romania, which detains the proves related to this case – a lot of recordings of mental disease occurred inside the Siemens VDO Automotive Ltd. (the former name ) / Continental Automotive Romania Ltd. – Timisoara, Romania. The address of the Direction for Public Health, Timis County you can find on internet at http://www.dsptimis.ro . The address is Street N. Lenau Nr. 10, 300029 Timisoara. This measure shall represents a humanitarian act according to the European Traditional Values. I hope that the authorities will permit me to go to Strasbourg, Brussels and Hague. Sincerely Yours, Suditu Nicolae Bogdan

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