Last time we informed you about embezzlement in a series of blogs about bankruptcy fraud . This time it’s time for an interesting crime with an equally interesting name: bottle pulling.
Read more: jpost
Where does the term bottle puller come from?
Research does not indicate an unequivocal origin and meaning, but it seems to be a Flemish term and related to beer. Apparently there was a custom in Flanders to pour the last bit of beer from the keg into the bottle, even if the quality of that beer left something to be desired. This was also known as ‘pushing the bottle’. Tapping and selling this failed leftover was seen as cheating. In line with this, ‘going out of business’, or going bankrupt, seems to have been derived from this. The keg was almost empty and the beer failed. In other words, an empty BV from which nothing can be gained.
Bottle pulling, what does the law say?
In Dutch criminal law bottlenecking means something else. Article 326a of the Penal Code stipulates that the person who makes a profession or habit of buying goods with the aim of securing the disposal for himself or another without full payment is guilty of bottlenecking. The punishment? A prison sentence of up to 4 years or a fine of the fifth category: € 90,000.
Bottle pulling in bankruptcy practice
An interesting practical example is the case that played out in 2021 at the Overijssel court. In a very extensive judgment, the court declared it proved, among other things, that the suspect was guilty of bottle-pulling and bankruptcy fraud in the agricultural sector. He had bought truck parts, gloves, safety goggles, ear plugs and vehicle parts, among other things, without paying (in full) for them. The suspect was also accused of failing to comply with the administration obligation for one of his bankrupt BVs (contrary to Sections 2:10 and 3:15i of the Civil Code and made punishable under Sections 344a and 344b of the Penal Code).
In total, the man received a prison sentence of 16 months for all that was declared proven, of which 8 months were suspended with a probationary period of 2 years. He also had to report to the probation service and pay € 18,000 in compensation to the injured parties. Moreover, it is interesting that he was banned from directorship for a period of 5 years. During that period, he may not be a director of a legal entity (such as a BV) and may not be employed in the fertilizer sector. This is a penalty that the Public Prosecution Service (and also the trustee in bankruptcy) can claim on the basis of Article 106a of the Bankruptcy Act.
In short: a warned (and a lot of committing) person counts for two!
Need advice on the last remnant?
Are you involved in a bankruptcy and does the trustee suspect you of a criminal offense such as bottle pulling? Or have you become the victim of this crime? Then please contact us. We are happy to help you.
