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Acquittal in million-dollar fraud: formal error saves granddaughter and son!
A 90-year-old nursing home resident was the victim of financial fraud by her son and granddaughter. Formal errors led to an acquittal.
Acquittal in million-dollar fraud: formal error saves granddaughter and son!
In a surprising turning point, the verdict against a 70-year-old man and his 40-year-old granddaughter from Frauenneuharting, who were convicted of fraud worth millions, was recently overturned. Within 18 months, the two had withdrawn over one million euros from the account of the 90-year-old mother and grandmother with dementia, who lived in a nursing home. A stroke of luck or a judicial mishap?
In May 2023, the Munich II Regional Court imposed two and a half years in prison on the son and two years and ten months in prison on the granddaughter. Now it turned out that a formal error had overshadowed the entire process. The crucial point was that a criminal complaint should have been filed by the person concerned or their legal representative, which did not happen in this case. The old lady's new guardian had the authority to manage assets, but not to file a criminal complaint, which led the judges to determine that the judiciary should not have intervened in this case. According to Merkur, the verdict was overturned and the two defendants could now prepare for a new trial.
The consequences of the scandal
The situation has already cast its shadow: the son has already paid back half of the amount withdrawn in order to compensate for at least part of the damage caused. The granddaughter also wanted to help make amends and sold her house to pay off her share. Despite these efforts, the question of legal consequences for the two remains.
Of course, such a ruling also raises questions about supervision in care facilities. How can it be that relatives are able to handle the assets of a person in need so brazenly? The judiciary is not only responsible for punishing crimes, but also for protecting the people affected and their claims. Therefore, this case could also become the starting point for a broader discussion about the rights of older people in nursing homes.
The annulment of the judgment and the formal errors also draw attention to the need to revise the legal framework if necessary. The relevant legal provisions must urgently help prevent such abuses in the future. It remains to be seen how this chapter will continue for the affected family members and whether there will be a new procedure.
In the meantime, it is clear that justice plays a crucial role in many cases, whether in the family or in the judiciary. There is something going on, and we should hear about developments surrounding this case in the near future.