ATP employees regularly raised the alarm internally, but were encouraged or even pressured to continue the practices. Read parts of witness statements showed that the company was also referred to internally as “the firm’s ruse and deception.” Witnesses speak of “cheating” and “theft”.
In appraisal interviews, employees who passed on unnecessary surcharges were praised. “Try to strengthen this gift further and help other colleagues with tricks. Keep it up!” Others had ethical custody and reported crying to their boss.
‘Considered it incidental’
When reading the statements of employees during the session, Willem S., a large man with small round glasses, seems a bit less interested. He turned away at the prosecutor’s account.
“I’m surprised”, the judge tells S. “There is a hint that many employees had ethical objections and were crying at the desk. It seems strange that you were not aware of that.”
“Until 2015 I hardly heard any comments, I considered that incidental”, replies S. Weeping people cannot remember the former director from that period.
When S. himself gets the floor for a while, he says he has been away from the company since 2015. “That has done a lot to me personally, ATP is my baby. All my life the company was central, it will be cut through. I feel disowned.”
“Did I direct the organization to make extra margin? Then the answer is ‘yes’. Did I interfere with the way in which? Then the answer is ‘no’.”, Says S. Later he says that he is in agreement with the knowledge of now would all have done differently.
Indemnities
ATP acknowledges that it made the extra margins and steered accordingly. In the meantime, much has improved and fourteen customers have been compensated for the damage. This also includes the Ministry of Justice, which received compensation of almost 8 tons last year.
The Public Prosecution stated at the session that “it wanted to send a strong signal to the business community to comply with the rules” and demanded a 2 million euro fine against the company. The Public Prosecution is demanding sixteen months in prison against Willem S., half of which is conditional.
As usual, the judge’s decision will follow in two weeks.
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