Questão jurídica principal
Whether the fraud conviction in the A. AG scheme was compatible with the indictment and proof of loss and enrichment
Decisão extraída
The conviction could not stand because the appellate court's reasoning departed from the indictment and because neither unlawful enrichment nor fraud damage was sufficiently established on the facts found.
Fundamentação extraída
The indictment alleged enrichment through preventing a value loss of the shares, whereas the appellate court relied on liquidity for former major shareholders. That factual shift violated the indictment principle. In addition, mere conversion of shares into liquidity is not enrichment, and the alleged damage was not shown to be the difference in share value.