{"id":5038,"date":"2018-12-11T12:36:18","date_gmt":"2018-12-11T11:36:18","guid":{"rendered":"https:\/\/www.direkt36.hu\/?p=5038"},"modified":"2022-10-11T22:59:22","modified_gmt":"2022-10-11T20:59:22","slug":"sokmilliardos-beruhazast-igert-erdelyben-a-fideszes-banki-erik-a-projekt-bedolt-de-o-szazmillioval-szallt-ki","status":"publish","type":"post","link":"https:\/\/direkt36.exot.hu\/en\/sokmilliardos-beruhazast-igert-erdelyben-a-fideszes-banki-erik-a-projekt-bedolt-de-o-szazmillioval-szallt-ki\/","title":{"rendered":"Failed Bioethanol Project in Romania Leaves Unanswered Questions for Hungarian Legislator"},"content":{"rendered":"<p>On a Hungarian TV news program in 2008, a businessman promoted a big investment plan: the construction of two bioethanol factories in neighboring Romania that would buy up crops produced by farmers and turn them into fuel.<\/p>\n<p>\u201cI think it will provide a good livelihood for them,\u201d said Erik B\u00e1nki, identified as the Hungarian manager of HP Investment, a Romanian company proposing to invest \u20ac70 million to build one of the factories.<\/p>\n<p>B\u00e1nki wasn\u2019t merely a businessman \u2014 he was an influential politician. Since 1998, he has served as a legislator in the Hungarian Parliament, rising to a powerful position with the governing Fidesz Party as head of the Economic Committee.<\/p>\n<p>A joint investigation by two OCCRP partners, Direkt36 in Hungary and RISE Project in Romania, found that, between 2007 and 2010, B\u00e1nki spent almost \u20ac1 million through several companies to buy more than 110 hectares of land in Romania, including the proposed locations of the two factories.<\/p>\n<p>He has never declared the details of his business in Romania, and the law governing Hungarian officials does not explicitly require him to do so. However, according to documents examined by OCCRP partners Direkt36 and RISE Project, the details of the deals raise serious questions.<\/p>\n<p>First, there\u2019s the matter of the acquisition of the land. Some of the purchases B\u00e1nki made required tenders from at least two companies \u2014 and the only other company that submitted a bid was co-owned by his cousin. Given his income declarations, it\u2019s unclear where the money for the land could have come from. And his statements to reporters about possible financing for the bioethanol project are contradicted by a contract examined by reporters.<\/p>\n<p>Moreover, Romanian court documents show that the promised bioethanol factories were never built and that B\u00e1nki\u2019s companies accumulated more than \u20ac2.3 million of debt to local governments, consisting mostly of unpaid penalties due to the ultimate failure of the enterprise. These debts were eventually settled for just 17 percent of their value when authorities took over land B\u00e1nki had bought for about \u20ac390,000 in lieu of repayment.<\/p>\n<p>Today, most of B\u00e1nki\u2019s Romanian companies no longer exist, and his remaining land in the country is the subject of bankruptcy proceedings.<\/p>\n<h3 class=\"p1\" style=\"text-align: center;\"><strong><a href=\"https:\/\/www.direkt36.hu\/en\/tamogass-minket\/\" target=\"_blank\" rel=\"noopener\">We can only do this work if we have supporters.<br \/>\nBecome a supporting member now!<\/a><\/strong><\/h3>\n<h3>Partial Declarations<\/h3>\n<p>Hungarian law requires parliamentarians to file annual asset statements to give a full picture of their financial situation. Direkt36 checked B\u00e1nki\u2019s declarations from 2000 to 2018, in which he reported that he has bought more than 200 hectares in Hungary since 2015, but he never declared the land bought by his companies in Romania.<\/p>\n<p>The Hungarian law on asset declaration does not clearly spell out whether parliamentarians must declare only directly owned assets, or also assets owned through companies. While some deputies do declare indirectly owned assets, B\u00e1nki only declared the existence of his Romanian companies, including neither the land he bought through them nor the public debts they incurred.<\/p>\n<p>B\u00e1nki told Direkt36 there was no reason for him to do so. \u201cThe assets of a company and private ownership are different things,\u201d he said. \u201cIf a\u00a0real estate is owned by a company, it is not owned by a private person.\u201d Records show that B\u00e1nki owned 90 percent of one company that purchased the land and 100 percent of the other.<\/p>\n<p>Nor do B\u00e1nki\u2019s asset declarations offer any clues about where he got the almost \u20ac1 million he spent on Romanian land between 2007 and 2010.<\/p>\n<p>A review of his annual declarations and wage records from 2000 shows that B\u00e1nki\u2019s official salary as a politician oscillated between \u20ac20,900 and \u20ac39,000 annually, while his Hungarian and Romanian companies either lost money or posted only smaller profits, not enough to cover the land purchases. The debt of one of his companies grew from about \u20ac291,000 in 2007 to \u20ac688,000 in 2010.<\/p>\n<p>B\u00e1nki told Direkt36 that the land purchases were financed from loans from foreign and Hungarian companies. He said he did not remember the names of the\u00a0companies, and refused to present documents that would prove the existence and the amount of the loans.<\/p>\n<h3>The Bioethanol Promise<\/h3>\n<p>B\u00e1nki has risen to an influential position in Fidesz, Hungary\u2019s governing party, since his start in politics in the 1990s as a local official and party activist in the southern county of Baranya.<\/p>\n<p>Except for a two-year detour to Brussels as a member of the European parliament between 2012 and 2014, B\u00e1nki has served in the Hungarian legislature since 1998. Although he has mostly worked in the background, since October 2015 he has headed the Economic Committee, an institution that under parliamentary rules allows Fidesz to prepare and push through legislation without substantial debate.<\/p>\n<p>B\u00e1nki has also been active in business. Since the 1990s, he has co-owned nine Hungarian companies involved in real estate management, consultancy services, and agricultural production.<\/p>\n<p>B\u00e1nki began his Romanian operations in 2006, when he founded HP Investment SRL, a real estate development company. According to the Romanian Commerce Registry, he has owned 90 percent of the company since its founding.<\/p>\n<div style=\"height: 400px; width: 100%; display: inline-block; overflow: hidden;\"><iframe loading=\"lazy\" style=\"position: relative; top: -50px; border: none;\" src=\"https:\/\/www.google.com\/maps\/d\/u\/0\/embed?mid=1Mi4zNbFOBOm4uLBKfwnZTK2rrgQ6Ocj1\" width=\"100%\" height=\"445\" frameborder=\"0\"><\/iframe><\/div>\n<div style=\"height: 250px; width: 100%; display: inline-block; overflow: hidden;\"><iframe loading=\"lazy\" style=\"position: relative; top: -30px; border: none;\" src=\"https:\/\/docs.google.com\/spreadsheets\/d\/e\/2PACX-1vRkyL5eZHz8X5sqVYtebsI4pBkXsbGIRRO6750bTjGT6PjVU289liEErHpbF77h0q4etuvU6wNDP-1w\/pubhtml?gid=0&amp;single=true&amp;widget=true&amp;headers=false\" width=\"100%\" height=\"320\"><\/iframe><\/div>\n<p>His entry into Romania coincided with that of Duna Development Ltd., a development company then co-owned by the Austrian and Hungarian governments. Duna had been organizing alternative energy projects in Hungary and began to plan similar developments in Romania.<\/p>\n<p>\u201cBioethanol factories seemed to be the most promising at that time,\u201d said Tibor \u00c9rsek, a former manager of the now defunct Duna. \u00c9rsek told Direkt36 that, as a development company, Duna was responsible for preparing the projects, including obtaining the necessary permissions, providing technical expertise, and finding prospective investors.<\/p>\n<p>In June 2007, Hungarian media reported that Duna was planning the construction of two bioethanol factories in Romania close to the Hungarian border: one in Salonta, Bihor county; and the other in Carei, Satu Mare county.<\/p>\n<p>\u00c9rsek recalled that Duna negotiated with B\u00e1nki and his company to collaborate on the factories, but both he and B\u00e1nki said they did not recall whether any contracts were signed. The exact nature of the relationship between Duna and B\u00e1nki\u2019s companies remains unclear.<\/p>\n<p>But B\u00e1nki\u2019s actions strongly suggest that he was partnering with Duna. Documents obtained from Salonta City Hall and from court records show that his Romanian companies bought land in both Salonta and Carei between 2007 and 2010, and that, in 2008, he signed a contract to build a bioethanol factory in Salonta.<\/p>\n<p>B\u00e1nki appears to have benefitted from some familial help.<\/p>\n<p>Salonta authorities organized the auctions in 2007 and 2008 to sell municipal land in an industrial area. The auction documents show that, in order for the sales to be valid, officials needed to receive offers from at least two companies.<\/p>\n<p>B\u00e1nki\u2019s HP Investment won two public auctions to buy the land. In both cases, the only other bidder was MSB Invest SRL, a company co-owned by his cousin, P\u00e9ter Mad\u00e1r. In both cases, the companies submitted their offers at the same time, and B\u00e1nki\u2019s company offered a slightly higher purchase price per square meter than his cousin (\u20ac0.25 higher at the first and \u20ac0.05 higher at the second auction).<\/p>\n<p>\u201cIt was an open competition. I only learned there, at the auction, that my cousin also bid,\u201d B\u00e1nki told Direkt36 without specifying whether he was referring to the first or second auction.<\/p>\n<p>Mad\u00e1r told Direkt36 that he learned about the public auctions through a \u201cbusiness partner.\u201d Asked whether he knew his cousin B\u00e1nki also intended to bid and whether they had coordinated in any way beforehand, he said, \u201cSurely not.\u201d Immediately after the second public auction, MSB Invest SRL \u201cceased all its substantial activities,\u201d he said.<\/p>\n<p>B\u00e1nki\u2019s winning bids allowed HP Investment to buy 12.5 hectares in Salonta just over \u20ac315,000. The contracts B\u00e1nki signed when his company acquired the land required him to invest \u20ac70 million to realise a big project: a bioethanol factory was to be built by October 2009 and to hire up to 80 local residents. If the company missed the deadline, it promised to pay 0.01 percent of the investment\u2019s value each day (about \u20ac7,000) until the work was completed.<\/p>\n<p>B\u00e1nki did not stop in Salonta. In 2010, HP Investment also bought land in Carei, the other town where Duna Development planned a bioethanol factory.\u00a0 And through another company called HP Agro \u2014 an agricultural concern founded in 2007 \u2014 B\u00e1nki bought another 90 hectares in Salonta and nearby villages between 2007 and 2009, which he told reporters was meant to be used for farming after the completion of the factory. In 2016, these value of these lands was assessed at \u20ac285,700, but\u00a0 B\u00e1nki told Direkt36 that he only paid 130,000 lei (\u20ac29,545) at the time of the purchase, but offered no proof for this assertion. According to a price list established by the National Public Notaries Union for 2008 and 2009, the value of just 65 of the 90 hectares in question was at least 227,500 lei (\u20ac63,000) during this period.<\/p>\n<h3>Forgotten Loans<\/h3>\n<p>A review of the financial reports of B\u00e1nki\u2019s Romanian companies indicates that they never made enough profit to cover the land deals. HP Investment spent more than \u20ac922,000 to buy land and acquire a company between 2007 and 2010, while its debts grew from about \u20ac291,000 to \u20ac688,000 during that period.<\/p>\n<p>B\u00e1nki said the additional money came from loans, but could not recall who loaned him the money, or provide any supporting documentation. &#8220;This growth in debts was in proportion with the acquisitions. Companies that had an interest in the realization of the bioethanol project lent money to HP Investment to buy the land,\u201d he said.<\/p>\n<p class=\"p1\">B\u00e1nki recalled that the bioethanol project in Salonta was to be financed by foreign companies, with his company, HP Investment, acting as a project manager, acquiring the necessary land and negotiating with local farmers.<\/p>\n<p class=\"p1\">\u201cMy company did not put any money into this project, we put only our work and energy,\u201d he told Direkt36. B\u00e1nki claimed that a company based in Switzerland, which was owned by an American investment fund, was interested in the project and pre-financed it, including the land purchases. He said that HP Investment was contracted by the investment fund, but could not recall its name or provide the contract.<\/p>\n<p>He could not explain either why the financial reports showed that \u2014 even accounting for its modest profits \u2014 HP Investment\u2019s reported debt of about \u20ac688,000 would not cover the \u20ac922,000 it spent on the land. \u201cMaybe something was missed from the accounting data, I can\u2019t give an explanation for this,\u201d he told Direkt36.<\/p>\n<p>A loan also paid for the land bought by HP Agro, he said, but did not provide details. He said his brother\u2019s company in Hungary borrowed some money and that some of it was spent on the 90 hectares, but he could not recall what the company was called.<\/p>\n<h3>The Crisis Hits Hard<\/h3>\n<p>Despite B\u00e1nki\u2019s big plans for Romania, the bioethanol factory he promised in Salonta was never built either.<\/p>\n<p>In September 2010, almost a year after he had promised it would open, B\u00e1nki wrote to Salonta\u2019s mayor and local council to explain that the project had been delayed by the recent global financial crisis: \u201cAs you know, 2008 brought negative changes to the worldwide economy &#8230; As a consequence, market participants have withdrawn, so we couldn&#8217;t find partners for the bioethanol factory.\u201d<\/p>\n<p>B\u00e1nki\u2019s original bid had not mentioned that he would need additional investors for the project. But in the letter he blamed International Monetary Fund (IMF) loans taken by Hungary and Romania to counter the crisis, adding that he would be unable to find partners for the investment until the financial situation stabilized.<\/p>\n<p>In the letter, B\u00e1nki expanded his promises, offering to employ new technology to generate electricity from household waste. Furthermore, he would increase his investment to \u20ac91 million and create 20 percent more jobs than he had initially promised. He also promised that the plant would start production in May 2014, but asked that he not be fined for the delay, arguing that he couldn\u2019t afford to pay the fines due to the economic crisis.<\/p>\n<p>Although HP Investment still had no employees, Salonta officials gave B\u00e1nki another chance, fixing new deadlines for the investment plan and canceling the penalties owed up to that point. However, the modified contract stipulated that penalties would be calculated starting from 2014 if the investment wasn\u2019t finished.<\/p>\n<p>Despite the dispute, B\u00e1nki remained active in the town\u2019s public life. In 2010, together with the local Democratic Alliance of Hungarians in Romania, he founded the Bocskai Award \u201cto highlight the work of Hungarians\u201d to be given annually to those \u201cthat have done a lot for Salonta.\u201d In 2011, B\u00e1nki handed the award to a local folk dance group at a charity event also attended by Salonta Mayor L\u00e1szl\u00f3 T\u00f6r\u00f6k.<\/p>\n<h3>Two Million in Public Debt<\/h3>\n<p>Under the modified contract, Banki\u2019s company was supposed to begin work on the bioethanol factory in March 2012. However, when it missed that deadline as well, Salonta officials lost patience and reimposed the original terms, asking B\u00e1nki to settle his debts.<\/p>\n<p>By this point, HP Investment had accumulated \u20ac2.3 million in penalties for missing the original deadline, and had also failed to pay \u20ac43,000 in property taxes. The local authorities asked a judge to declare the company bankrupt. \u201cWe have no guarantee that we can recover the money\u201d in any other way, their complaint stated.<\/p>\n<p>The court agreed, and transferred HP Investment\u2019s land in Salonta, which the company had previously bought for more than \u20ac390,000, to the local authority to satisfy the \u20ac2.3 million debt. The companies that B\u00e1nki said lent him the money to buy the land did not appear in the court documents.<\/p>\n<p>\u201cThose companies had already failed [due to the economic crisis], they went bankrupt before our insolvency procedure,\u201d B\u00e1nki told Direkt36. HP Investment was deleted from Romania\u2019s Register of Commerce in 2014.<\/p>\n<p>Laszlo T\u00f6r\u00f6k, the Salonta mayor who signed all the contracts with B\u00e1nki\u2019s company, didn\u2019t answer calls or messages from reporters. When they visited the town hall in August to talk to him in person, he wasn\u2019t available.<\/p>\n<p>B\u00e1nki\u2019s other company, HP Agro, also ran into financial trouble. In 2012, went into insolvency due to over \u20ac3,600 in unpaid taxes to state institutions in Satu Mare. B\u00e1nki, however, won some on the business.\u00a0On July 12, HP Agro\u2019s land was sold to a company called Artiplet SRL for \u20ac309,628.\u00a0 &#8220;What we lost in terms of energy and money in the bioethanol project, we gained back from the price increase of the plowlands,&#8221; B\u00e1nki told Direkt36.<\/p>\n<p><em>Andr\u00e1s Szab\u00f3 contributed to this article.<\/em><br \/>\n<em> Cover photo: Tam\u00e1s Botos, 444.hu<\/em><br \/>\n<em> For Hungarian company data, we used the services of <a href=\"http:\/\/www.opten.hu\">Opten<\/a>.<\/em><\/p>","protected":false},"excerpt":{"rendered":"<p>Erik B\u00e1nki, a senior member of Hungary&#8217;s governing Fidesz party owns a lot of land in Hungary, but now we have also found his lands in Romania. He bought them for a huge bioethanol project, but it is unclear how he financed the purchases. According to him, various companies gave him loans, but he doesn&#8217;t remember their names.<\/p>\n","protected":false},"author":6,"featured_media":5040,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[53,57,98,293,340,341,342],"ppma_author":[442],"class_list":["post-5038","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-vagyonnyilatkozatok","tag-banki-erik","tag-bioetanol","tag-erdely","tag-romania","tag-vagyon","tag-vagyonkereso","tag-vagyonnyilatkozat","author-zoldi-blanka"],"authors":[{"term_id":442,"user_id":0,"is_guest":1,"slug":"zoldi-blanka","display_name":"Z\u00f6ldi Blanka","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/684e70743cf3adb3b450953347ee749a3050328c83a76b5079f4a535985d3395?s=96&d=mm&r=g","description":"","first_name":"Blanka","last_name":"Z\u00f6ldi","user_url":""}],"_links":{"self":[{"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/posts\/5038","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/comments?post=5038"}],"version-history":[{"count":1,"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/posts\/5038\/revisions"}],"predecessor-version":[{"id":9287,"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/posts\/5038\/revisions\/9287"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/media\/5040"}],"wp:attachment":[{"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/media?parent=5038"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/categories?post=5038"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/tags?post=5038"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/direkt36.exot.hu\/en\/wp-json\/wp\/v2\/ppma_author?post=5038"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}