S&K group

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The S&K group comprised several companies in the real estate industry that were active on the gray capital market . In February 2013, the managing directors and then six employees were arrested on suspicion of fraud in a gang and business . The duration of the subsequent pre- trial detention was extended several times due to the existing risk of escape for Schäfer, Köller and four other defendants. In September 2015, the trial began before the Frankfurt Regional Court with the reading of the indictment; the fraud damage is said to amount to around 240 million euros. On March 29, 2017, Schäfer and Köller were each sentenced to eight and a half years in prison by the Frankfurt am Main regional court.

history

The roots of the S&K group go back to the year 2000. Founders were Jonas Köller (born June 29, 1981) and Stephan Christoph Schäfer (born May 29, 1979). The aim was to Real Estate foreclosures under the market value to auction houses and apartment buildings into individual condominiums divide. Between December 2005 and April 2009, 290 properties were acquired at a price of 15.6 million euros. By May 2009, 208 of them had been sold again, with the acquisition costs of 11 million euros being offset by proceeds of 25.6 million euros. The holding period was less than half a year on average.

In 2007, properties valued at over 110 million euros were acquired from foreclosures in cooperation with a real estate fund. In 2009, a closed fund was launched for the first time with S&K Real Estate Value Added . In 2012, “Deutsche S&K Sachwerte 2” was launched with a volume of 30 million euros.

At the end of 2011, the private equity firm Midas was taken over. Midas was founded in 2000 and set up six funds with a total volume of over 100 million euros, with which German medium-sized companies were financed. Jonas Köller appointed his confidante Marc-Christian Schraut as the new managing director. As a result, the Midas funds acquired S&K real estate at top prices.

Daniel Fritsch joined the S&K Group in January 2012. Together with the lawyer Gero Kollmer and the tax advisor Frank Schätze he tried to shift the focus of the group to Regensburg .

Suspected fraud and trial

On June 5, 2012, Jonas Köller's private villa in Erlenbach and the S&K headquarters in Frankfurt was searched as part of an investigation into title abuse . A short time later, accusations of using a pyramid scheme were raised. On February 19, 2013, 130 searches were carried out by 1,200 investigators. Stephan Schäfer, Jonas Köller, the lawyer Igor Petri, the architect Bernd Zimmermann and the supervisory board members Hauke ​​B. and Thomas G. were arrested. A week later, the two managers Marc-Christian Schraut and Daniel Fritsch were arrested. A 71-year-old from this group was released on December 23, 2013 on bail and on bail and on November 26, 2014, a 50-year-old lawyer (presumably Igor Petri) was released on conditions (handing over identity card and passport , prohibition of Trips abroad, notification of every change of residence and weekly report) and a 100,000 euro deposit spared from detention. The Frankfurt Higher Regional Court saw urgent suspicion of commercial and gang fraud or aiding and abetting, serious infidelity or incitement to infidelity. Because of the risk of escape (up to ten years imprisonment can be expected), the pre-trial detention for six defendants was extended several times, most recently until February 2015. It was still investigated against lawyers, notaries , tax advisors, experts and a total of 140 suspects involved in the business of S&K .

On September 27, 2013, Stephan Schäfer, who was in custody, jumped out of the window of the Frankfurt Regional Court in an attempt to escape before the start of the trial and was seriously injured.

The assets of Stephan Schäfer, Jonas Köller, Marc-Christian Schraut and Thomas G. at banks and the State of Hesse were seized on September 10, 2013, by an attachment order of August 22, 2014, they were no longer allowed to dispose of all of their assets. The decision of the Higher Regional Court of Cologne . Of 6 August 2014 Az 37 O 233/14 was justified as follows: "With the wholehearted waste of goods, the S &'ve clearly show K-leaders that they are not willing to the concerns of investors only and The damage caused by the suspected pyramid scheme was estimated at 111 million euros. In total, the public prosecutor's office assumed 11,000 victims of fraud and tens of thousands more victims via fund investments and at least 240 million euros in damage.

“These 240 million that we have here as damage are only pars pro toto . It can certainly be assumed that the overall damage will be much greater. "

- Albrecht Schreiber, Senior Public Prosecutor in charge of the Frankfurt Public Prosecutor's Office

The indictment against the seven alleged main perpetrators was over 3000 pages. The trial began on September 24, 2015 at the Frankfurt am Main regional court and ended on March 29, 2017 with the sentencing of Schäfer and Köller to eight and a half years in prison. They were provisionally released due to long pre-trial detention of more than four years. Initially, it was assumed that the process would last at least into the second half of 2017. The reason for the shortening was, among other things, the "suspension of the fraud allegations against four of the five defendants", who were instead convicted of breach of trust ( Section 266 instead of Section 263 StGB ).

In a trial that was separated because of his poor health, Hauke ​​Bruhn was initially sentenced to five years and three months imprisonment on December 5, 2016. However, he went on appeal and was therefore released from custody on December 6, 2016.

The appeals against the judgment by the defendants Schraut and Köller were rejected by the 2nd criminal division of the Federal Court of Justice by decision of August 20, 2019. The verdict is thus final against both defendants.

Building the group

S&K Holding GmbH was the parent company of S&K Real Estate Value GmbH (parent company of S&K REO IV GmbH), S&K Sachwert AG, S&K Asset Management GmbH, S&K Assets GmbH and Deutsche S&K Sachwert AG. The latter was in turn the parent company of Deutsche S&K Sachwert Nr. 2 GmbH. The last two companies mentioned were provided with loans from private investors via closed funds. Other subsidiaries of Deutsche S&K Sachwert AG were SKG Marketing GmbH, S&K REO V GmbH (parent company of Industrie- und Innovationspark Rheinhessen GmbH) and S&K Gerbermühle GmbH & Co. KG.

Entanglements with private property

Jonas Köller's family holds the shares in Köller Vermögensverwaltung GmbH. This company holds the following investments:

  • Klingenberger Strasse 41 Projekt GmbH (99.6%): This company was originally founded under the name Klingenberger Str. 41 Playboy Mansion GmbH for the acquisition and management of the property at Klingenberger Strasse 41 in 63906 Erlenbach. Lukas Köller holds 0.4%.
  • Gerbermühle Objekt GmbH (49.8%). This company is the owner of the Hotel Gerbermühle and was originally founded under the name Sachwertica II GmbH. Other owners are Agnes Ehlen (49.8%) and Werner Kindermann (0.4%).
  • Sachwertica III GmbH
  • Sachwertica IV GmbH

Lukas Köller also holds 50% in Sachwertica GmbH, 100% in Sachwertkonzepte GmbH and 50% in Real Value Trade GmbH.

Participations offered

S&K Real Estate Value Added Fondsgesellschaft GmbH & Co. KG

The fund company invested in S&K Real Estate Value Added GmbH, which in turn invests in a nationwide real estate portfolio through subsidiaries. From October 2008 to December 2009 investors could participate in the fund. During this time, 34.497 million euros could be raised. As of December 31, 2010, there were holdings in Real Estate Value Added Rendite GmbH and Breidert City Center Verwaltungs GmbH. S&K Real Estate GmbH, which is a joint subsidiary of Casa Art Consulting GmbH and S&K Rhein Main Investment und Immobilien GmbH, is responsible for the acquisition, acquisition, development and sale.

  • Real Estate Value Added Rendite GmbH: Holds a stake in S&K REO III GmbH.

Deutsche S&K Sachwerte GmbH & Co. KG

The fund company granted Deutsche S&K Sachwert AG a loan in the amount of the entire limited partnership capital raised. The aim was to raise 30 million euros. The term was planned until 2023. Sales took place from June 2010 to December 2011. The originally planned volume was already achieved in October 2011.

Deutsche S&K Sachwerte Nr. 2 GmbH & Co. KG

The fund company granted Deutsche S&K Sachwert Nr. 2 GmbH a loan in the amount of the entire limited partnership capital raised. A target amount was not set. The loan was granted until the end of 2016, but can be extended twice for one year each time.

Remarks

  1. ↑ Thomas and Renate Köller each hold 40%. The brother Lukas Köller holds the remaining 20%.
  2. ↑ Was deleted from the commercial register on February 14, 2008.
  3. ↑ Was deleted from the commercial register on May 20, 2010.

See also

Individual evidence

  1. ↑ a b c Suspected S&K investment fraudsters remain in custody. Handelsblatt , December 23, 2014, accessed on February 13, 2015 .
  2. ↑ a b c d Higher Regional Court of Frankfurt am Main once again orders continued detention against the accused in the so-called "S&K fraud case". Frankfurt Higher Regional Court , December 1, 2014, accessed on February 13, 2015 .
  3. ↑ Markus Zydra: S&K process - “It's not a dancing bear, it's a person!” SZ.de, September 24, 2015, accessed on September 24, 2015 .
  4. ↑ a b Dyrk Scherff: Sex, Lies and the Great Deception ( Memento from February 24, 2013 in the Internet Archive ). In: FAZ of February 23, 2013
  5. ↑ Christoph Rottwilm: Two lucrative strategies in one . In: Manager Magazin of June 10, 2009
  6. ↑ Issue prospectus Deutsche S&K Sachwerte ( Memento from September 6, 2012 in the Internet Archive ) (PDF; 4.2 MB), p. 21
  7. ↑ About us ( Memento from September 2, 2012 in the Internet Archive )
  8. ↑ a b Wolfgang Wittl, Markus and Christoph Giesen Zydra: The file Midas . In: SZ of March 10, 2013
  9. ↑ N. von Gibelli: What is S&K planning to do with MIDAS? ( Memento of the original from May 1, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. July 22, 2012 @1@ 2Template: Webachiv / IABot / www.nawito.de
  10. ↑ Deutsche Sachwert Emissionshaus AG - S&K focuses shift to Regensburg! ( Memento of the original from April 5, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.nawito.de
  11. ↑ S&K: Swagger on credit and the prosecutor in the neck? , July 31, 2012
  12. ↑ S&K a pyramid scheme? Ex-sales manager unpacks! , August 6, 2012
  13. ↑ Christoph Rottwilm: Big raid at S&K: With the battering ram against investment fraudsters . In: Spiegel Online from February 19, 2013
  14. ^ Arrested S&K boss Marc-Christian Schraut blocked GenoHausFonds I , March 4, 2013
  15. ↑ a b c d 11,000 victims of fraud: Mega-indictment against real estate agent S&K. Focus Money online , January 20, 2015, accessed February 13, 2015 .
  16. ↑ Trial against alleged fraudsters: S&K boss seriously injured when cracking a window. In: Spiegel Online . December 27, 2014, accessed December 6, 2014 .
  17. ↑ Arrest decision against S&K responsible persons on Presseanzeiger.de
  18. ↑ Greed for high returns . In: FAZ of March 4, 2013
  19. ↑ Start of the S&K Immobilien process - “The money is running behind you” Wirtschaftswoche, September 23, 2015, accessed on September 23, 2015
  20. ↑ 8.5 years imprisonment for S&K bosses - but free again for now. Manager Magazin, March 30, 2017.
  21. ↑ The criminal energy of the S&K founders. Welt.de, March 29, 2017.
  22. ↑ Marcus Jung: S&K judgment expected in March. FAZ.net, March 21, 2017, accessed on March 21, 2017 .
  23. ↑ Five years and three months imprisonment in the S&K trial . In: Handelsblatt , December 5, 2016, accessed on December 17, 2018.
  24. ↑ Diana Fröhlich, Claudia Panster: Money gone, company gone, career gone - How things continue for top managers after imprisonment . In: Handelsblatt , December 15, 2018, accessed on December 17, 2018.
  25. ^ Judgment in the S&K trial against JK and M.-C. Sch. legally binding. Federal Court of Justice , September 6, 2019, accessed on September 6, 2019 .
  26. ↑ S&K REO IV GmbH: Annual financial statements for the financial year from January 1, 2010 to December 31, 2010
  27. ↑ Issue prospectus Deutsche S&K Sachwerte No. 2 ( Memento from February 25, 2013 in the Internet Archive ) (PDF; 2.2 MB)
  28. ↑ S&K: BMW Bank is looking for ten leased BMWs
  29. ↑ S&K Real Estate Value Added prospectus ( Memento of April 17, 2009 in the Internet Archive ) (PDF; 1.2 MB)
  30. ↑ Issue prospectus Deutsche S&K Sachwerte ( Memento from September 6, 2012 in the Internet Archive ) (PDF; 4.2 MB)
  31. ↑ Issue prospectus Deutsche S&K Sachwerte No. 2 ( Memento from February 25, 2013 in the Internet Archive ) (PDF; 2.2 MB), p. 28