Ecclestone wins F1 sale case, but judge calls deal corrupt
In this April 19, 2013 file photo, Bernie Ecclestone, president and CEO of Formula One Management, talks to the journalists at the Bahrain International Circuit in Sakhir, Bahrain. (AP / Kamran Jebreili)
Samuel Petrequin, The Associated Press
Published Thursday, February 20, 2014 6:50AM EST
Last Updated Thursday, February 20, 2014 9:37AM EST
LONDON -- Despite a ruling damaging to his already tarnished image, Formula 1 boss Bernie Ecclestone won a multimillion-dollar case at London's High Court Thursday relating to the sale of F1 in 2005.
The case was dismissed but the judge said it had nevertheless been a corrupt deal and questioned Ecclestone's honesty.
"Even ... making allowances for the lapse of time and Mr Ecclestone's age, I am afraid that I find it impossible to regard him as a reliable or truthful witness," judge Guy Newey said.
A former F1 shareholder, German media company Constantin Medien, had sued Ecclestone and other defendants for up to $144 million, claiming F1 was undervalued at the time of the sale to investment group CVC Capital Partners.
The 83-year-old Ecclestone was accused of entering into a "corrupt agreement" with German banker Gerhard Gribkowsky to facilitate the sale of Formula One Group to a buyer chosen by him.
The High Court said the deal was corrupt, but ruled that Constantin Medien did not lose out as a result.
"No loss to Constantin has been shown to have been caused by the corrupt arrangement with Dr Gribkowsky," the judge said in his conclusions. "That fact is fatal to the claim."
During the trial, which ran from October to December last year, Constantin Medien's lawyers said that payments totalling about 27 million pounds ($45 million) were made to Gribkowsky at the instigation of Ecclestone.
Gribkowsky, who was in charge of selling German bank BayernLB's 47-per cent stake in F1 to CVC, has already been found guilty of corruption, tax evasion and breach of trust and is serving an 8 1/2-year prison sentence. Ecclestone acknowledged during Gribkowsky's trial that he made the payment to avoid being reported by the banker to authorities over his tax affairs.
"The payments were a bribe. They were made because Mr Ecclestone had entered into a corrupt agreement with Dr Gribkowsky in May 2005 under which Dr Gribkowsky was to be rewarded for facilitating the sale of BLB's shares in the Formula One group to a buyer acceptable to Mr Ecclestone," the judge said.
Constantin said it would appeal the decision.
"The judge ruled against Constantin essentially on technical grounds -- including extremely complicated questions of German law which is the governing law in the case -- and Constantin will be appealing those findings," said lawyer Keith Oliver, head of commercial fraud litigation at Peters and Peters Solicitors.
Ecclestone is also facing trial in Germany. He is charged with bribery and incitement to breach of trust connected with the payment to Gribkowsky. The trial will begin on April 24 and is set to run until Sept. 16.
Bribery convictions can result in prison sentences ranging from three months to 10 years in Germany. Ecclestone said earlier this month he is expecting the case to be thrown out before the trial starts.
Ecclestone has stepped down as a member of F1's holding company board of directors pending the outcome of the trial but continues running the sport.