After two lawsuits, two of the four defendants were completely acquitted in the case in which Økokrim traveled against four former employees and board members of the game company.
Økokrim originally thought that all suspects were guilty of insider trading in connection with the launch of the video game The Secret World in the summer of 2012. Before that, President and CEO Trond Arne Aas was also accused of market manipulation in connection with communication to the stock market due to lack of positive elements and positive elements
The recent judgment reads: "In the opinion of the Court of Appeal, this dissertation has little support in the evidence in the case. On the contrary, the transfer of evidence, as the Court of Appeal believes, gives a clear picture of the fact that Funcom's management until the launch had high expectations of TSW & # 39; s quality and financial success ".
After being treated in court, one of the four was legally acquitted. The Court of Appeal has now made a decision and has come to the conclusion that Bjørn Toften, the former CFO of Funcom, must be acquitted in full.
– The court there unanimously considered the evidence that there was no basis for the charges against the Toften. Since no appeal can be lodged against the court's assessment of the evidence, we are pleased that Toften has settled the case, says lawyer Anders Brosveet who, together with Ingvild Boe Hornburg, have been defenders of the Toften.
He believes that the court generally disagrees with Økokrim on how the evidence in the case should be taken into consideration.
– It is unfortunately something that we have seen several times recently, says Brosveet.
The court concludes that Trond Arne Aas will be sentenced to 21 days in jail for communicating the rules he had to comply with after he resigned as CEO of Funcom at the end of June / July when the TSW game was launched. Ace was acquitted from the main post about insider trading. Økokrim had requested four years in prison for Ace.
– The day of joy
– This is of course a joyous day for Ace that he is also acquitted for the point for which he has been convicted in court. The relationship for which he is now being convicted is a bit that we disagree with, but which in no way overshadows the joy of acquittal in this case, his defender Frode Sulland told DN.
– It is very serious that Økokrim again suffers a serious defeat in a comprehensive case. This is a new example in a long line that confirms the problem that the same public prosecutor should be responsible for the whole case, says Sulland, who represented Aas with lawyer Henriette Willix.
Økokrim writes in an e-mail that they take note of the defenders' statements.
– At the same time, we believe that the grounds and judgments of the court give a much broader picture of the case and the evidence than it claimed, writes Inge Svae-Grotli.
Torleif Ahlsand, who was on the Funcom board on behalf of the Northzone investment fund, was sentenced to ten months in prison for insider trading in connection with the sale of Northzone in Funcom, while Ahlsand withdrew from the board.
Originally, Økokrim broke a prison sentence of two years and eight months for Ahlsand. In the judgment, the court writes that the claim relates to substantially stricter conditions than those for which it has been convicted.
Ahlsand was convicted of five insider trading cases in the period 29 June to 3 August. The court came to Ahls and acted intentionally.
Happy and disappointed
Caterina Gaeta was the defender of Ahlsand in the Court of Appeal. She says this about the verdict:
– He is pleased that he has been acquitted again for most of the allegations, but disappointed with the partial conviction. We see that the case raises several fundamental questions that are well suited to the judgment of the Supreme Court. Now we are going to study the judgment carefully and look at the attraction, Gaeta tells DN.
Acting First State Attorney Inge Svae-Grotli states that Økokrim is getting acquainted with the judgment.
– We note that there are two convictions and one acquittal, which differs from the court. But there have been two convictions in the case, says Svae-Grotli.
He says that Økokrim will study a long and thorough judgment before deciding on the road ahead.
– We will examine in a normal way whether one of the questions raised in the judgment may justify appeal to the Supreme Court. For this to happen, it must be questions that go beyond this specific issue and are fundamental, he says.
– But the summary is an acquittal – in addition to the one who has already entered the court. How do you view judgment in the light of it?
– In short, the verdict is neither a defeat nor a victory for Økokrim. We charge allegations that we believe have a basis, and the Prosecution is convinced of guilt and can be proven in court. We note that the court of appeal has given an in-depth judgment in which it partially departs from opinion and a slightly different assessment of the one defendant, says Svae-Grotli.(Requirements)Copyright Dagens Næringsliv AS and / or our suppliers. We would like you to share our cases via the link that leads directly to our pages. Copying or other forms of use of all or part of the content may only take place after written permission or as permitted by law. See here for further conditions.