Poland: Three notaries in court with four other accused,  they operated like a housing mafia



Notaries and other defendants involved in an organized criminal group that made victims lose about PLN 10 million and who were subsequently charged with 81 crimes committed since 2010 until 2017 are faced with 10-year imprisonment and 15-year imprisonment respectively. According to the prosecutor, while other accused served as proxies for the lender, Andrzej K. acted as the lender who was to run a business in the field of financial intermediation and granting loans, becoming beneficiary of contracts to borrowers. The targeted victims of the accused are vulnerable people facing health, family and living situation difficulty, who thought there was a way out of their predicament. The accused, Andrzej K., his wife Agnieszka K., Micah H and Krzysztof B exploited the inability of the victims to properly understand the significance of their actions because of their age and state of health. Andrzej k was also accused of laundering money from crime, persistent harassment, depleting the State Treasury’s receivables of about PLN 90, 000. Notaries were charged with 19 crimes for facilitating the bringing of victims into an unfavourable condition.

The Notarial deeds prepared in this case were not only a loan agreement but also a secret form of real estate sales while doing this, notaries did not provide injured parties to contracts with necessary explanations regarding notarial activities and their effects thereby leading to a contract that violated the interests of victims who lost their property. The interest rate on the loan was really higher than the 15% per annum because of the commission and other additional charges attached to the process. Remigiusz Signerski from the Regional Prosecutor’s Office in Gdansk said that the Gdansk prosecutors took civil law actions for the benefit of the victims who lost their property to the fraud. The effect of the actions taken are decisions to suspend the execution of real estate, judgments annulling concluded contracts, decisions on reconciliation of the content of the land and mortgage register with the actual legal status.