SKOK Wołomin scandal. Hearings of people associated with the management of the National Fund

The Warsaw court, before which the trial of the former heads of the Polish Financial Supervision Authority regarding the supervision of SKOK Wołomin is ongoing, on Wednesday began hearing as witnesses – people associated with the management of Kasa Krajowa during the operation of SKOK Wołomin. These hearings will last at least until March.

The hearing of PiS senator Grzegorz Bierecki – co-founder of social savings and credit unions and long-time head of the National Savings Bank – is scheduled for mid-February.

In the trial, which has been ongoing since September 2023 before the District Court in Warsaw, the defendants include, among others: former heads and employees of the Polish Financial Supervision Authority who were accused of failing to fulfill their official duties regarding the supervision of SKOK Wołomin.

There are 11 people on the defendant's bench. Apart from the chairman of the Polish Financial Supervision Authority in 2011-2016, Andrzej Jakubiak, he is also, among others, Wojciech Kwaśniak – his deputy at that time. – I made sure that the highest diligence and professionalism was maintained in activities towards SKOK Wołomin. I am convinced that during this trial, me and my colleagues will be cleared of the charges, Jakubiak said at the beginning of the trial.

The proceedings against the former management of the Polish Financial Supervision Authority were widely reported a few years ago, during the PiS government. As the prosecutor's office informed then, the accused officials, while supervising SKOK Wołomin in 2013-2014, were allegedly guilty of negligence that allowed the continuation of criminal activities at this credit union. The total amount of fraud in connection with SKOK Wołomin was estimated by the prosecutor's office in a later indictment regarding the entire scandal at over PLN 3 billion.

“Timely action by the Polish Financial Supervision Authority could have prevented losses incurred by the Fund and several dozen thousand of its clients. The Commission refrained from taking such actions, even though it had information that money laundering was taking place in SKOK Wołomin, which threatened the security of funds collected by its clients,” said the then National Prosecutor's Office in 2018.

On Wednesday, Wiktor Kamiński, the long-time deputy head of the SKOK National Fund, began his testimony in court. He stated that he had never been an employee of the Polish Financial Supervision Authority and had not participated in any decisions in the proceedings of this office towards SKOK Wołomin. However, he confirmed that even before the Polish Financial Supervision Authority took over supervision of credit unions – which took place in October 2012 – the National Credit Union was conducting, among others, in 2011-2012, lustration and inspections at SKOK Wołomin, which revealed various violations.

As the witness explained, it was problematic to prove possible criminal activity at that time. – It was difficult for us to question the financial results presented by SKOK Wołomin, because the credit union generated a profit and had adequate capital – said Kamiński.

As he assured, the financial statements of SKOK Wołomin were audited by certified auditors who did not find any irregularities in terms of financial results. – The National Fund had no authority to question the findings made by the independent auditor – he emphasized. As he added – in response to the prosecutor's question – he did not remember whether the National Fund was entitled to appoint its own expert to assess these reports. In his opinion, after taking over supervision, the Polish Financial Supervision Authority had much greater control possibilities than the National Fund.

Kwaśniak told PAP on Wednesday that little attention was paid to the control activities in 2008-2012. – The problem is that the actions of various bodies were ineffective. We (the Polish Financial Supervision Authority) carried out these actions and now we are bearing the consequences, he said.

In this case, during the investigation stage in December 2018, the CBA detained several PFSA officials, including Kwaśniak. They were then transported to Szczecin. However, in 2019, the Szczecin court found that the detention was unjustified and revoked all preventive measures applied to the detainees.

– The court clearly stated that the prosecutor's office did not in any way substantiate any actions that would violate the legal procedure on the part of me or other KNF employees regarding the supervision of SKOK Wołomin – Kwaśniak said then. The Court of Appeal in Warsaw later awarded PLN 20,000 from the State Treasury to Kwaśniak. PLN as compensation for unfair detention.

In March last year The then Minister of Justice and Prosecutor General Adam Bodnar said that the case of Kwaśniak and other people from the management of the Polish Financial Supervision Authority in the context of the audit of matters from the times of the PiS government “is treated as an absolute priority.” – This is one of the most important issues to be clarified in recent years – he emphasized.

– First of all, let us remember that (Kwaśniak) was beaten, barely escaped with his life, and unfortunately there is an ongoing case under the indictment that he allegedly failed to fulfill his duties as a supervisor in the context of SKOK. And this is precisely the aspect of the matter that we are explaining. Please remember that explaining a case at the stage of preparatory proceedings is one thing and another when the case is already in court, because we already have many other procedural actors in court – said Bodnar then.

Nearly 30 pages were devoted to this matter in the report published at the end of April last year. the second part of the report on the audit of cases from 2016-2023, i.e. from the times of PiS government. Although the report indicated that – due to the current stage of the proceedings and legal provisions – the withdrawal of the indictment “is not procedurally or substantively justified”, however, the document formulated recommendations, including: change of the prosecutor acting in the case. A month later – at the end of May – it was announced that the prosecutor's functions in this trial had been taken over by a prosecutor from the Regional Prosecutor's Office in Warsaw. The prosecutor from Szczecin who had previously accused him was excluded from the case.

Kwaśniak was the victim of an attack in 2014, and the severe beating of the deputy head of the Polish Financial Supervision Authority is one of the most famous topics in the scandal related to this financial institution. In March last year The District Court in Warsaw upheld the conviction in the case of this assault, validly sentencing Piotr Polaszczyk, a member of the Wołomin SKOK management board – whom the prosecutor's office accused of inciting the beating of the deputy head of the Polish Financial Supervision Authority – to 8 years in prison. The defense filed a cassation appeal.

In turn, at the end of December last year The District Court of Warsaw-Praga sentenced Polaszczyk (illegally) to 14 years in prison in a trial concerning “laundering” approximately PLN 350 million. The defense has already announced an appeal.

However, since the beginning of December last year the main trial regarding the SKOK Wołomin scandal is taking place before the same district court. There are over 60 people on the bench of the accused in this main trial, the indictment itself consists of 29 volumes, over 5.5 thousand. pages.

Marcin Jabłoński (PAP)

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