Åpent brev til ESA om bekymringen rundt økningen i Koronakonkurser

To ESA  (cc Riksrevisjonen -national audit departement ) Good people. I hope to get in touch with a representative to disclose a relatively ”delicate” issue, regarding Norway, associated with the nations insolvency practises and additional estates with Government-appointed trustees.  The below disclosed findings are the outcome of several thousands hours, over a two year period. The gathered documentation is overwhelming, and have been obtained through legal means and interviews with hundreds of individuals. Explaining the circumstances The nations bankruptcy section are ignored and interpreted by the District Courts inconsistently, and in most cases, intentionally examined and treated wrongfully.  The proceedings can often be perseeved as that of what one would expect in a criminal case, despite most cases of bankrupcy in Norway are the result of unfortunate circumstances caused by private matters or naturally occurring market adjustments.  These inconsistent examinations and interpretations of the law,  deprives both legal and natural persons rights to a fair hearing, and severly undermine protection of property rights for both creditors and debitors. These fundamental human rights, equally given to both legal an natural persons under  the European convention of human rights articles, are in direct violation if the principle Equality of Arms.  I understand, and agree to the principle  that member states can organize national insolvency laws and practice, however, I underscore that Norway have sufficient, well hand-crafted statutes.  The problem lays not in the lack of laws, but that of inconsistent interpretation of the law, especially in relation to paragraphs of Lex Superior rank, granting right to debitors.  The National Business Directory  Brønnøysundregistrene (BRREG) The outcome of private investigations looking into the judiciaries cooperation between the administration of the national business directory, Brønnøysundregistrene (BRREG) and District courts, has revealed with absolute certainty, that most legal persons have been removed from the business directory in correlation with the district courts judgments to close the estate. With the Court's consent, the directory has violated legal persons rights for a fair hearing, depriving the legal persons rights to appeal the rulings to a higher Court within the 30 days appeal period Following the judgment. When a legal person is stripped of its ID number, it ceases to exist under the eyes of the law. In other words, the legal person is considered ”dead”.  Even though the business directory act and bankruptcy act alike, states that a legal person can not be deleted from the directory until the verdict is legally binding, the directory administration have refused to correct the mistake, even when petitioned, in direct violation of the business directory act 7-1, stating the administrations obligation to correct any and all wrong entries. Audit under International Auditing and Assurance Standard Board (IAASB) The second malpractice have deprived both legal and physical persons rights to insight into the estate and appointed Trustees work, as the bankruptcy act 90, second paragraph, number 2. States that the Trustee and estate are to undergo an Audit under International Auditing and Assurance Standard Board (IAASB) practice.  As far as private investigations have yet to find, no such audit have taken place for at least twenty years.  It seems like most district courts have appointed legal secretaries,  giving them the title ”Auditor”, instructing them to only perform an insignificant balance control of the estate bank account, completely disregarding the actual Audit. The actual ”audit” seems to only have been consisting of a quick overlook over the estate one-page accounting document compared to the bank statement. In most verdicts the District Courts give reference to the bankruptcy act 90, stating the audit have been performed in accordance with the International Auditing and Assurance Standard Board (IAASB) practice, while in fact, no such audit have taken place. Combined, the deletion of legal persons from the directory, together with the malpractice from the incorrect Audit, indicates that the courts only two options consists of either to perform a new correct audit, or dismiss the whole bankruptcy proceedings all together.  The seriousness can be divided in two categories:

A) The following criminal proceedings and imprisonment and wrongful business quarantines given to debitors representatives, with reference to the void judgement to end the estate.   (Aprox 5000+ wrongfully imprisoned over the course of the past ten to fifteen years). B) The unjust deprivation of property from both debitors or and creditors alike. According to our findings, hundreds of billions NOK have been deprived. Preliminary conclusion based on findings during the investigation.  Only one legal person have been returned to It’s shareholders out of between 100 000 and 150 000 closed bankruptcy estates for the past thirty years! This statistical anomaly led to the investigation, which in return lead to the findings. These findings are the outcome of several thousand hours work over a two year period.  The gathered documentation is overwhelming, and have been obtained through legal means and interviews with hundreds of individuals. Absurdly, the business directory has public records prooving the wrongful practice, only it’s been well hidden on a sub level structur in their database. Even though investigations are not finished, the significant increase of bankruptcies, due to the post-COVID-19 pandemic, I find it crucial to urge ESA to initiate investigate measures now, rather than later.  I hereby encourage ESA to contact the Norwegan government, and ask them how they intend to handle these findings prior to the press releases scheduled to be released in the near future.  Looking forward to your reply Sincerely Mr. Jarl-Gunnar Lier Chairman M: + 47 41258232 E: medlem@domstolensvenner.no H: www.domstolensvenner.no Domstolens Venner Foundation  -a non profit foundation for victims of wrongful prosecution and deprivation of property by government officials. 

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