Written on 4/10/2009 Yrsa Haggstrom and Ilkka Pitkanen (OTL, EOK) between the light of the debate.
One Saturday in September, I met Ilkka Pitkanen in EOK's office in Espoo, Finland. Even before this meeting had many WinCapitan members contacted me, asking me to write about trading company WinCapitan events. WinCapita has been labeled by media a pyramid game, and this is the basis of the KRP (Central Criminal Police) seized members of the club's assets and shut down sites. Currently, it is extremely difficult to find any facts on the conduct of the traditional Media, the facts about what happened to the Club, what happened to the club's founder, Hannu Kailajarvi, as well as where 12 000 members lost those 24 million euros, which have been seized from them. Now the total is probably already risen to one hundred million.
A lot of terrible things have already been done in the wake of security seizure. Known is that there have been a few cases of suicide, people have been forced to leave their houses and their homes, corporate funds have become 'frozen' into major problems to hover, "brother against brother has increased." All of this could have happened even if the noble human rights law should afford protection against it.
Admittedly, the feeling that the investigators have been forced to the wrong track right from the start with the introduction of coercive measures. Time passes and at the same time it should be considered how to resolve the matter by lawful means. One cannot only claim that WinCapita has been a pyramid game and break the fundamental human rights by using reclamation measures. The police claim that trading has been a draped outrageous fraud.
Let the truth be whatever, so innocent and not guilty members’ funds may not be subject to collateral seizure. If someone has embezzled the money of the club, then it is of course a crime, but the members have not been able to become guilty under any circumstances.
Currently, the club's founder, a Finnish Hannu Kailajarvihas been in custody since December 2008 is, therefore, were arrested in Sweden then, and had already the same year in May arrested in absentia in the Oulu District Court. Normally, the prosecution raised to four months after the arrest, but in this case pre-trial detention has always extended a four-month installments, however, even without any increase in charges. Hannu Kailajärvi has therefore been in custody contrary to the prevailing laws, with no human rights. Finnish authorities asked for the release of Kailajarvi to Oulu due to international arrest warrant based. His hearing started only after the transfer to Finland.
Business concept
Kailajärvi developed a computer program, which was made currency trading, EUR / USD. Concept was to provide people and businesses to join, and thus the right signal to the automated exchange system. Members were able to recommend the system to their customers, sponsor new members and get the rewards.
At this point the need to clarify that the members have been offered only the possibility of foreign exchange trading system.
Markets
Market consists of the whole world. Potential customers is endless and the growth of no limits. A similar currency trading system does not exist.
In order for the activities to be possible, the bank acoount needed to be linked with related Moneybookrs account. Nordea had a contract with a fast money transfers with MoneyBookers. This kind of agreement could be done between Moneybookers and any bank.
WinCapita offered only investment accounts, share accounts, which allowed the money transfers between members.
Membership
Membership was received through an already existing member as recommendor, after which the club adopted a membership for a new applicant. Thereafter, members of the club, opened the trust account in the World Wide Investment Company Ltd. with account governing capabilities. The account is actually in the mentioned bank, but WinCapita held each member’s assets separate and thus act as if the bank, thus allowing the member to manage their own accounts through their site. From such a trust account no outsider can make any transfers.
When the member had obtained access to the account, members had to pay for subscription to the club. The smallest amount, which abled a to become a member, was 3 000, which was distributed as follows:
1) EUR 1,000 went to the club. This fee covered the costs of management.
2) EUR 1,000 went to the FX Trading Signal System fee.
3) Member of 1000 euros went to self-managed investment account.
To be able to pay these charges a member must have the bank communication. In most cases, it was treated by opening an account and using it in Nordea.
When the bank account was ready in Nordea, member had to open an account in Moneybookers. This procedure was quite demanding, it required, identity verification, as well as their place of residence in order to get MoneyBookers account working. Point to note is that, Moneybookers is a very reliable and a great British bank.
Here you should pay attention to the fact that WinCapitan had nothing to do with a member's own financial transactions with Nordea Moneybookers, unlike the pre-trial error alleged.
The next stage is to carry out the membership fee through MoneyBookers. I would still recall that up to this phase WinCapita is in no way involved in money transfers. Next a member transfers the funds from MoneyBookers to WinCapita. This account is a WinCapita account, which are managed through the internet and these funds are 'earmarked' and are themselves available to members only.
Of this amount, (3 000 €) WinCapita charges to the contribution of the use of signal meter fee totally 2 000 €. After these costs the member's account will have € 1 000, and is only available to member. No one else except member himself can access this member's funds.
Participation in foreign exchange trading
In the police investigation the main theme of the whole investigation period of the claim has been that the members have been told that their money is invested in foreign currency trading. In reality, nothing like this has ever happened, and that’s why the members are of the police's view, become cheated. As evidence, the police have been told that the suspect - Hannu Kailajarvi - has confessed this in questioning. No other evidence is there which would result Hannu Kailajarvi to be isolated from the custody, when the defense can not even check his statements.
In 2008, November 15 and 21 the day the police made a house search in Hannu Kailajarvi’s house in Sweden, the municipality of Nässjo, seizuring his computer and the internet sites were driven down. On December 10, he was arrested. His girlfriend and her brother were forced to questioning, which took place in degrading manner. For example, a brother had been told to totally undress, in order to search for evidence "from where the sun does not shine." So, therefore, extremely degrading activity.
Judgment in Eksjo Court of the District Court.
Stockholm's international prosecutor has done with Eksjo Prosecutor Hakan Roswallin 18th of December decision in accordance with the laws of Sweden to release Hannu Kailajärvi to Finnish authorities because of an international arrest warrant. Kailajärvi was brought to Finland in Oulu, 22nd of December and has been there ever isolated in a whole year so that any indictments would have been made.
How to transfer money to the bank without the internet connections?
It is clear that the members were able to move their money in WinCapita internal accounts between themselves without bank connections. It has been suggested that the police are interested in such internal transfers, since those could be some sort of money laundering.
On the other hand netbanks are today, everywhere. And specifically authorities’ role is in monitoring money-laundering, so that it can not happen. But they have no right to blame the innocent.
Be noted that if the money-laundering has taken place, it has been strictly forbidden in the Club.
On the other hand it must be emphasized that in case of money laundering should be experienced by some members, so on that ground the entire membership should not be placed under the suspicion. Or, one can not blame in a collective manner, and thus seize all assets.
Errors in the studies
Half the prosecutor in criminal investigations have been in the KRP's unilateral action, and are mostly wrong.
KRP claims that WinCapita did not do foreign exchange trading, and therefore it would be a fraud. As previously emphasized, the club has never promised to conduct foreign currency dealings, but it offered the opportunity for Members to exchange program, FX Trading Signal system boasts, to which members had access to when they had paid the membership fee and have access to the site.
On the other hand in the police investigation has been
completely forgotten, that the funds placed in the licenses can not be recovered as such. Members were able to conduct trade with each others’licenses, but no direct realization of licenses existed. All license trading between the members has been in members’ discretion and there was no coercion to trade a license.
KRP also claims that the members have invested in WinCapita 100 million, but this is incomprehensible to a clerical error. In reality, members have invested in licenses 5 to 10 million. All of this excess amount of money transfers between members, which have taken place in Finnish banks and MoneyBookers. Therefore, they do not in any way be counted as invested capital into WinCapita.
KRP calculated that because the club has embezzled members funds, all the assets have to be seized. To date, the assets of members living in Finland have been seized over 30 million and for that reason a suicide has occurred, and companies bankrupted. At present it is impossible to understand all the damage and the breadth and depth of sorrow.
In addition, the time spent on pre-trial raises the criticism. During one and a half years have been tried to raise the charges without success. Under the law, prosecution should be raised within four months after the arrest, but this has been extended by four months the new courts and new, and so forth ..
Activity, which was perfectly legal until WinCapita site closed, can not suddenly after closing pages be changed to be completely illegal. After closing pages of the members the funds of members have been seized, and if it appears that someone has done something illegal, to bring the member to justice. But it is quite impossible that the finnish WinCapita members would be guilty of closing of pages and this long-standing going back and forth must stopped and get the charges pressed.
Defense denied
Members have turned to EOK and opted for OTL Ilkka Pitkanen as defendor. Savonlinna district court was scheduled for trial, now in pre-trial Rautava denied Director Seppo Ilkka Pitkänen, inhibiting his business as assistant.
The situation has now changed, the Rovaniemi Court of Appeal dismissed the appeal of Rautava. The Court of Appeal decision is very important because this indicates that the pre-trial investigation authority, the mandate did not cover the court.
Currently, Ilkka Pitkanen waits for two-sequestration of the trial. In another, he represents the client's defense in Savonlinna district court and Oulu is an oral preparation. In this case, the customer has a very detailed accounting of his own currency trading. He was usingh WinCapita’s tools (FXTrader signals) and was able to increase his capital in Oandan platform 70% in two weeks. One can not in any way allege as criminal activity, everything can be found as well documented.
It has also been able to dig up some correspondence, which shows that Kailajarvi really dominates currency trading, so, before the site went down. After the arrest, he denies this. Thus, it is clear that Kailajärvi either lied or is lying now in custody. Now the police’s evidences are based on wrong information, which undoubtedly the arrested falsely has given either in the past or now. Kailajarvi is suspected of a crime, so that he does not need to tell the truth. And thousands of people are blamed of the fraud involved. Nothing new in addition to allegations of Kailajarvi have emerged and the police may be solve nothing.
Pre-Trial Act, 11 §, it is a duty to inform the pre-trial material facts about what has come out, as soon as it is without prejudice to possible criminal investigation. Then KRP's calculations of the capital invested in the club are well documented, as KRP has self-reported, and since it has already been two years after the initiation of preliminary investigation, so there should be no risk of compromising police investigations - that is why those documents should also Ilkka Pitkänen use. Provided that such alleged documents exist.
Still not even while writing the story for this, 4.10.2009, it has still not brought the prosecution, either WinCapita or its creator, Hannu Kailajarvi in the Oulu District Court.
WinCapita’s members suspect of a state "predatory enterprise"
Among WinCapitan membership, there are fears that the state payroll by police officers, prosecutors and judges are trying WinCapita-staging of crimes in which the funds and property of membership will be transferred to the State.
A large portion of the members of WinCapita has been continuously clearly aware during the operation that the membership of WinCapita has had a software assisting to a profitable currencý trading, and fully automated currency trading system (the robot) in development.
Among WinCapitan members it has been strongly demanded that the investigation should not prevent the currency trading software returning to the use of the membership. Also any unfinished commercial robot development work or the continuation of already existing programs, should not be prevented of taking advantage of the membership.
Finland’s tate finances are notoriously in fragile state. This poor economic situation in the state and its lack of resources has been highlighted in particular WinCapita case. Among WinCapitan members, there are fears that the weak economic situation is being tried to improve nby taking WinCapita’s members’ money and property to the state.
Mostly among WiCapita’s membersh, there are fears that the state payroll by police officers, prosecutors and judges seek to staging the case of crimes with members WinCapitan so that the money and property will be transferred to the State. Police, prosecutors and judges participating to encrypt the data from WinCapita’s members does not inspire confidence, at least.
Members fear is that the funds invested in software license with right of use and deployment are staged in this "robbery" to the State to be lost as fundraising income. Members are aware that they have been in position to use a profitable currency trading software, and ready to trade or incomplete the robot, which are both being tried in all means for the benefit of the State criminally condemned.
Their defense Ilkka Pitkänen agent has already twice failed to appeal to the Parliamentary Ombudsman. In another appeal he is still waiting for a response. He has also discussed the issue with several MPs, but as we all know, their interest is focused somewhere far away.
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