Question juridique clé
Whether the Bern court’s factual findings on the appellant’s role and knowledge were arbitrary and violated in dubio pro reo and the right to be heard.
Solution extraite
The challenged findings were not arbitrary; the reasoning sufficiently addressed the decisive points and the appellant’s objections were largely appellatory.
Motifs extraits
The court held that the appellant’s exact position in the scheme was not decisive. More important was that failed investments had already occurred and that he could no longer honestly believe in guarantees and returns. The inference that he knowingly accepted the deception from 15 January 1998 onward was permissible.