Long-time Kyiv restaurateur and club manager Eric Aigner faces criminal charges after he missed a third court date over fraud allegations brought by a former business partner.
Long-time Kyiv restaurateur and club manager Eric Aigner faces criminal charges after he missed a third court date on April 18 over fraud allegations brought by a former business partner.
The third civil court hearing was scheduled for April 18 to consider charges brought by New Zealander Ken Carter, who accuses Aigner of defrauding him of $42,500.
“I want Eric to face the court and the court to make a decision,” Carter said. “At best, I would like to see him behind bars. He is a criminal.”
Aigner denied the charges in February and said his good name is being smeared.
Due to Aigner’s failure to appear at court, the trial was postponed indefinitely, but he now faces possible criminal charges and Carter and his lawyer have begun to search for the German native.
Igor Cherezov, Carter’s lawyer and a partner at Astapov Lawyers International Law Group, asked Kyiv’s Department of Economic Crimes to pursue criminal charges against Aigner, which will be decided in 10 days.
At present, Aigner only faces adminstrative charges with a maximum $340 fine for missing the civil court dates.
If he’s criminally convicted of fraud, Aigner faces a maximum sentence of eight years in jail, Cherezov said.
Carter originally filed a civil lawsuit in November in the Pechersk District Court to recover his money.
Asked why he wasn’t present at the trial, Aigner told the Post on Feb. 5 that he was in Odesa at the time, developing a business and pursuing other partnerships, adding “people know where to find me here.”
Carter said they are unable to find Aigner now and no one is able to confirm his whereabouts.
The Post was unable to contact Aigner at his mobile number. His former wife Viola said she doesn’t keep in touch with him, and declined to comment further. Earlier, Aigner said he would attend the trial.
“I will be there for the court case and will have a lawyer with me if I make enough money to afford one,” Aigner told the Post on Feb. 5. “Otherwise, I’ll represent myself.”
Recently, two business partners, in addition to six others, came forward and claimed that Aigner has not repaid personal loans totaling as much as $600,000 since 2006, Cherezov said.
The partners he allegedly cheated are from the United Kingdom, Germany, France and Ukraine. None of them want to identify themselves and none filed charges except for Carter. Cherezov said the other lenders aren’t pursuing lawsuits because the invested funds are not declared with authorities, particularly the State Tax Administration.
Cherezov said he has obtained evidence since February against Aigner but won’t disclose it in the interest of the investigation.
Aigner knows how to earn foreigners’ trust, Cherezov said, assuring them nothing can be done without a bribe and asking to give him their investment funds because he knows the system from the inside.
He demonstrates good knowledge of legislation and easily enters into verbal loans, Cherezov said, and sometimes written agreements, understanding that his borrowers won’t be able to prosecute him because they haven’t declared their incomes.
In February, Aigner said he only owes $60,000 to three friends in Kyiv.
