In a video statement on YouTube, Ahmad Nadim “ApoRed” Ahadi addressed the allegations regarding his bankruptcy, sweepstakes fraud, and swindling. He hinted at having only filed for bankruptcy to save on taxes. Lawyer Christian Solmecke has now commented on the situation after ungespielt pointed it out.
What does the current situation look like?
- YouTuber MiiMii accused Ahadi of scamming his viewers and “exposed” that ApoRed is bankrupt.
- ApoRed, however, responded in his own video: He claimed to have money and that he simply activated the “Insi-Mode”. He filed for bankruptcy in Germany to escape high taxes.
- ApoRed stated that one could still register businesses abroad. This way, he was rid of the “German headaches” and referred to himself as a “smart fox”.
- The streamer and YouTuber ungespielt, known as Unge, reacted in a livestream to ApoRed’s statement and could hardly believe what his YouTube colleague was saying.
- Unge then wrote a message to lawyer Christian Solmecke, who looked at the case in detail in a video and stated that it would indeed be classic tax evasion if ApoRed really did this.
More information about ApoRed’s statement can be found here:
Unge baffled and confused: “Did I understand that correctly?”
What did Unge say in his reaction video? When ApoRed explained how he wouldn’t have to pay high taxes in Germany, ungespielt looked around quite confused and could hardly believe what he was hearing:
Wait a minute? Did I understand that correctly? Did he just say in his VLog that he is committing tax evasion and that he simply filed for bankruptcy to avoid paying taxes in Germany?
ungespielt
The complete reaction from ungespielt can be seen in this YouTube video:
Furthermore, Unge said that he wasn’t sure if it was a good idea for Ahadi to reveal everything in a YouTube video. In the end, he summarized again that he has no regard for the unresolved sweepstakes and the bankruptcy filing and is disappointed.
Ungespielt, other content creators, and users subsequently contacted lawyer Christian Solmecke and asked how the legal situation looks concerning the “Insi-Mode”. Did ApoRed confess to tax fraud in the public video?
Christian Solmecke says: “Classic case of tax evasion”
What does the lawyer say about the situation? First, Solmecke looked at insolvency announcements.de to see what exactly applies to ApoRed. Accordingly, a bankruptcy proceeding has not yet been opened, as it must be checked whether it can be asserted and whether sufficient funds are available for it.
A provisional insolvency administrator has also been appointed.
What does an insolvency administrator do? They now determine what Ahadi may buy and what not. Furthermore, all those who owe ApoRed must pay the insolvency administrator. He is now managing the YouTuber’s money to secure the assets for the possibly upcoming bankruptcy proceedings.
What happens if the bankruptcy proceedings are actually opened? Then the YouTuber has to surrender a large part of his income to the insolvency administrator for 3 years. After these 3 years, ApoRed would be nearly debt-free if he complies with the “good conduct phase”.
What does good conduct phase mean? Solmecke explained that Ahadi has an obligation to work during private insolvency, must forfeit lottery winnings, and as a self-employed person, he must surrender the amount he would have earned through appropriate employment.
You can watch the lawyer’s statements on YouTube here:
What does Solmecke say about the “Insi-Mode”? “It is likely that ApoRed is artificially making himself poor to avoid paying taxes. However, in my opinion, he should have better looked into § 283 of the Penal Code first.”
According to § 283, imprisonment of up to 5 years is threatened if someone conceals components of their assets when over-indebted or facing imminent insolvency after bankruptcy proceedings have been initiated. Solmecke continues regarding ApoRed:
(…) And that is indeed critical, because that is a criminal offense and one can end up in prison for 5 years if he has concealed his assets or secretly brought them abroad. We don’t know that for sure, but the suspicion is certainly very, very close. And he says: ‘I’m just building my new existence elsewhere – abroad. And I’m simply free of prosecution here.’
Christian Solmecke
What other consequences could there be? So Solmecke says that greed for profit might be behind Ahadi’s plan, given how “ruthless and planned ApoRed’s actions were”. Thus, this is considered a particularly serious offense. Consequently, the YouTuber faces up to 10 years imprisonment.
Additionally, according to § 370, another 5 years imprisonment may follow if one provides false information to the tax authorities. “Whoever transfers assets abroad to avoid paying taxes here – yes, classic case, dear people, of tax evasion.”
Can ApoRed calculate himself poor and escape the debts? No, according to Solmecke, he cannot, if Ahadi commits any of the aforementioned crimes and is convicted. Furthermore, he faces a monetary fine and must continuously pay his creditors.
“This video that ApoRed made as a reaction to the MiiMii video was a shot in the foot – a flop,” the lawyer concluded.
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