Clifford Chance partner cleared of Deutsche Bank shredding” />Clifford Chance partner Kersten von Schenck has been cleared of any wrongdoing after shredding meeting notes from a client’s AGM.
As first revealed on www.thelawyer.com (26 January) Frankfurt-based partner Schenck, who acted as notary to Deutsche Bank, faced criminal charges after shredding the first draft of the bank’s meeting notes and submitting an amended version.
Frankfurt am Main Regional Court handed down its decision on the matter at the end of November, finding that Schenk had acted with absolute propriety in recording the 2003 general meeting. It also found that he had complied with all statutory provisions.
In a written statement Clifford Chance said: “Frankfurt am Main Local Court handed down a ruling on 19 June 2007 which prevented legal action brought by the public prosecutor’s office against Schenck, which included accusations of alleged suppression of documents, from proceeding to trial.
“It stated in this ruling that it completely agreed with the assessment made by Frankfurt am Main Regional Court in civil proceedings, which has since been upheld by Frankfurt am Main Higher Regional Court, regarding the legal challenge to the resolutions made at the 2003 general meeting of Deutsche Bank.
“Frankfurt am Main Regional Court found that Schenck had properly complied with all of his notarial duties and responsibilities. Frankfurt am Main Local Court ruled that the evidence submitted did not suggest that any criminal actions had been committed.”
Although the joint plaintiff and the public prosecutor’s office had appealed against the local court ruling, the regional court has dismissed these appeals. The latest decision is final and unappealable.
When the controversy first came to light a Clifford Chance spokesman said that the version of the report Schenck shredded was amended only to correct spelling mistakes and that this was standard practice for the vast majority of notaries.