Bird & Bird duo called as witnesses as client charged with embezzlement

A recently retired German partner in Bird & Bird and a lawyer in the firm have refused to answer questions in relation to a head of a client business who is on trial on embezzlement charges of €147m.

Hamburg

The man on trial, Heinrich Maria Shulte, was the head of a German property fund called Woelbern Invest. When he was accused of embezzlement, he denied the charges. The two Hamburg-based Bird & Bird lawyers - Frank Moerchen, who retired as a partner at the end of October and Ole Bruehl, currently a corporate counsel - were called as witnesses. But they have both cited a section in the German Criminal Procedure Code which gives them the right to stay silent in order to avoid putting themselves at risk of being prosecuted themselves for a regulatory or criminal offence. A Bird & Bird statement said: 'Bird & Bird is not on trial in this matter. We look forward to the court resolving the case in due course.' Source: The Lawyer

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