Gal Barak, an Israeli cybercrime mastermind, sentenced to four years in prison in Vienna in Sept 2020 for investment fraud and money laundering, was charged in Germany in 2021. His Austrian lawyer appealed the extradition, citing the principle of ne bis in idem. In March 2023, the Court of Justice of the European Union (CJEU) ruled that Barak could be charged in Germany. The German Court still works on the new schedule. Hence, victims are still waiting for justice and restitution payments!
The CJEU’s ruling is significant as it clarifies that the principle of ne bis in idem applies only if the same facts are charged in Austria and Germany. In Barak’s case, the charges in Austria were specifically related to fraudulent acts against Austrian victims, while the charges in Germany focused on fraudulent acts against German victims. As a result, the principle of ne bis in idem cannot be applied since the facts being considered are not identical, although they involve similar actions. The CJEU emphasized that the requirement for “idem” to be fulfilled necessitates the same facts, not just similar ones.
In Bamberg, Germany, Nino Goldbeck is the chief prosecutor for the criminal organization surrounding Barak and E&G Bulgaria. Being paroled in 2021, Barak has been residing in Israel with his wife and child. He has not yet paid the ordered restitution payments to the victims.
Some of Barak’s former associates, including Jacki Fitelzon, have already been convicted in Germany and received longer prison sentences than Barak did in Austria. Additionally, former Lieutenant Chen Ganon has also been charged in Germany. These individuals were associated with Barak’s cybercrime organization, E&G Bulgaria, and were involved in running broker scams such as XTraderFX, SafeMarkets, OptionStars, OptionStarsGlobal, and CryptoPoint. Together, they are accused of defrauding tens of thousands of consumers and stealing over €200 million.
With the CJEU’s landmark ruling, Gal Barak can be indicted in Germany and other jurisdictions where victims of his former cybercrime organization reside. This ruling paves the way for further legal action against Barak and his associates, seeking justice for the victims of their fraudulent schemes.
