Pandemic - Mask trial: Tandler to serve more than four years in prison
The politician's daughter Andrea Tandler is facing more than four years 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 announced that they will make amends for the damage caused. This means that nothing stands in the way of a verdict - probably on Friday.
Specifically, Tandler faces a sentence of four years and three months to four years and nine months. For N., the presiding judge gave a sentence range of three years and six months to four years. 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, Tandler 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 paid tax on the commissions correctly and thus making themselves liable to prosecution.
Commissions taxed via a company
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 Munich I public prosecutor's office ultimately put the economic loss at 15.2 million euros.
On Tuesday, the defendants largely conceded the tax evasion allegations regarding income tax and trade tax 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.
In a plea bargain, the criminal court and the parties involved agree on the approximate verdict. As a rule, the prerequisite is 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 coronavirus mask affair in Bavaria led to Andrea Tandler, the politician's daughter, facing more than four years in prison for tax evasion charges.
- During the early stages of the coronavirus pandemic, Tandler facilitated deals for a Swiss mask supplier with various authorities, resulting in commissions worth nearly 50 million euros.
- The public prosecutor's office accused Tandler and her business partner of failing to pay the correct tax on these commissions, leading to their prosecution.
- Tandler was accused of paying tax on the commissions via a company instead of as an individual, resulting in lower tax payments.
- N., Tandler's business partner, faced accusations of receiving half of the shares in the newly formed GmbH without contributing anything, which led to gift tax evasion charges.
- The public prosecutor's office in Munich accused the two of evading trade tax by taxing the income from the mask business in Grünwald instead of Munich, where a higher tax rate applies.
- Andrea Tandler and her business partner admitted to the tax evasion charges in a plea bargain, resulting in a reduced sentence and verdict expected on Friday.
- The trial and sentencing of Andrea Tandler and her business partner are examples of how criminality can intersect with processes related to diseases such as Covid-19 and public health measures.
Source: www.stern.de
