Article Summary:

How a Polish-American entrepreneur in Ubekistan (also known as PRL-bis or III RP) was deceived, and destroyed ...

It is hard to believe
or the last degree of degeneration of public life
/ part I /

By Rafal Klimuszko

Matter of historical interest

    It is hard to classify the story which will be introduced to readers in this article. You could call it a farce or a grotesque. It  proves the degeneration of the prosecutors and the judiciary system in Poland. It involves the true, living people, their harm and also big money for major investment.
 This issue will also be discussed in history textbooks of law, whether in general in the history books. It shows what really a country called the Third Republic of Poland is. This case is unprecedented mainly for one reason. Cheated entrepreneur is a citizen of the United States of America. If the first American citizen of Polish descent, with dual citizenship sues the Third Republic of Poland for damages infront of the U.S. court, he will win it peremptory.

Described Polish entrepreneur is not interested in politics or supporting any media. He simply wanted to invest in Poland and today he became a very degraded and tired man. Nonetheless the case is so overwhelming for PRL Bis and that man has got a powerful weapon in his hand. It might be a first time casus teaching the criminal cliques a lesson and a bit of respect for the Polish law. It could open the eyes of the Americans to the situation in Central Europe and denounce postcommunist cliques.

The Drama in a nutshell

    In 2001 the U.S. citizen of Polish descent residing in Chicago decided to invest hard-earned money in his old homeland. He bought 13.5 hectares of land nearby international route A-2, which was a perfect place for the future gas station, a restaurant and facilities for drivers. Route A-2 links European capitals: Paris, Berlin, Moscow. The land was located in the commune Lubrza in province Lubuskie, next to the German border.
Polish entrepreneur prepared projects of investment. He entrusted the rebuliding of the route to the local road construction company. Unfortunately the representatives of the company turned out to be people in good relations with the former communist nomenclature, people above the law.
This construction company has done commissioned work simply scandalous. The embankments were too narrow, inconsistent with the project. The constructors made out double-issued invoices for the same work and did a number of other frauds. The Polish entrepreneur from Chicago (born in Cracov) asked for a fair settlement and improving the poorly performed work. Eventually he went to the court.

Is this possible?

Can the judge from the Court of Appeal in Cracow lie?
Irritated Polish-American entrepreneur asked for penalties for not finishing the investment in time and the work incompatibility with a project which made impossible to obtain the permission to use the facility. The judge from the Court of Appeal said that unfair company can not pay, because of its loss. A loss has been recognized by judge from the Court of Appeal from tax declaration, but in this declaration it was just the declared income!

The court file contains a copy of a bank transfer showing the sum of 200 thousand zlotys that Polish  entrepreneur paid to the unfair company. Counsellor of this company requested for remission of costs for the company claiming that it was caused by the Polish entrepreneur who has not paid 200 thousand zlotys, as provided by contract. The court dismissed the costs of the company significantly. The judge said, 200 thousand zlotys weren’t paid, ignoring the proof from bank. When the sentence was finally passed, the owner of the unfair company had to settle compensation. Polish entrepreneur instructed the bailiff and went back to the U.S. The bailiff discontinued of executory proceedings because one of the company’s representatives claimed that Polish entrepreneur just died. Legal counsel representing the company officially submitted a notion requesting for discontinuance of executory proceedings, not supported by any evidence. Basing on uncertain, oral information, the bailiff did not require any proof, e.g. copy of death certificate from the Census Bureau. The Polish entrepreneur was officially regarded as the deceased by his debtor and court executive officer. Currently he attempts to get back his money and prove that he is still alive. At the same time he accused the bailiff of exceeding the powers and negligence of duties. But finally prosecutors in Poland and Court of Appeal in final sentence decided, that bailiff is innocent! He didn’t do anything wrong!