Process - Deal in mask trial: Tandler to serve over four years in prison
The politician's daughter Andrea Tandler faces at least four years and three months in prison in the tax trial surrounding the coronavirus mask affair in Bavaria. Her co-defendant business partner N. is to serve at least three and a half years in prison. This is according to a plea bargain proposed by the Munich I Regional Court, which all parties to the proceedings agreed to on Tuesday.
The two defendants then largely admitted the tax evasion charges against them through their defense lawyers. In addition, both have since made amends for the tax losses incurred. The verdict is to be announced on Friday.
Specifically, Tandler faces a sentence of four years and three months to four years and nine months. For N., presiding judge Andrea Wagner specified a sentence of three years and six months to four years. In their plea, the public prosecutor's office then demanded a sentence at the upper end of the sentencing range, while the defense lawyers pleaded for sentences at the lower end.
Tandler is the daughter of former CSU General Secretary and former Bavarian Finance, Economics and Interior Minister Gerold Tandler. At the beginning of the coronavirus pandemic in 2020, she brokered deals with various federal and state authorities on behalf of a Swiss mask supplier. Commission payments of almost 50 million euros were made for this - which is legal in itself. However, the public prosecutor's office accuses Tandler and N. of not having correctly paid tax on the commissions and thus making themselves liable to prosecution.
Specifically, Tandler was accused of unlawfully paying tax on the commissions via a company rather than as an individual. As a result, Tandler had to pay significantly less tax overall. In addition, N. is said to have received half of the shares in the newly founded GmbH, although he had not previously contributed anything - this was the basis for the accusation of gift tax evasion. The accusation of trade tax evasion, in turn, was based on the fact that the income from the mask business was not taxed in Munich, but in Grünwald. Compared to the state capital, only around half of the trade tax is due there. However, according to the indictment, Munich was the "place of management".
The defendants largely admitted the tax evasion allegations with regard to income tax and trade tax on Tuesday through their defense lawyers. The proceedings regarding gift tax evasion and coronavirus subsidy fraud were dropped directly by the court on Tuesday with the consent of the public prosecutor's office.
The public prosecutor's office has now put the total economic loss at 7.8 million euros. The original amounts from the indictment had recently been reduced due to the reversal of a former donation, among other things.
In a plea bargain, the criminal court and the parties involved agree on the approximate amount of the sentence. The prerequisite is usually that the defendant agrees to make a confession. The court can then say, for example, what the expected sentence will be. The plea bargain is reached if the defendant and the public prosecutor agree. The key points are regulated in section 257c of the Code of Criminal Procedure.
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- The trial regarding the tax evasion in the coronavirus mask affair in Bavaria is being handled by the Munich I Regional Court.
- The public prosecutor's office in Munich is accusing Andrea Tandler and her business partner of not correctly paying tax on their commissions, leading to tax evasion charges.
- Andrea Wagner, presiding judge at the Munich Regional Court, proposed a sentence of three and a half to four years for Tandler's co-defendant, while Tandler's sentence range was four to four and a half years.
- Andrea Tandler and her business partner admitted to the tax evasion charges through their defense lawyers, and they have since made amends for the tax losses incurred.
- The proceedings regarding gift tax evasion and coronavirus subsidy fraud were dropped with the consent of the public prosecutor's office, as the defendants largely admitted to the tax evasion allegations.
- The case of the coronavirus mask affair in Bavaria highlights the importance of correctly paying taxes to avoid criminal charges, as both Tandler and her business partner are now facing severe consequences due to their tax evasion.
- The public prosecutor's office in Munich and the defense lawyers agreed to a plea bargain, with the court announcing the sentence on Friday, which could potentially impact the future of Tandler and her business partner.
Source: www.stern.de
