Previous financial specialist Olearius presents his impeacher
The trial involving the former bank leader M.M. Warburg's head, M.M., caused quite a commotion. Prosecutor Brorhilker charged Christian Olearius with participation in the large-scale Cum-Ex tax fraud scheme. However, no verdict was reached. Now, Olearius' legal team is counter-attacking.
Olearius' attorneys have filed a criminal complaint against former prosecutor Anne Brorhilker. They allege that she "deliberately and knowingly based her charges against Warburg Bank employees on incomplete and false information," as stated in the legal team's announcement. A significant witness, also under investigation, is alleged to have lied under oath at least six times before the Bonn Regional Court, wrongfully implicating Olearius and others.
Christian Olearius, the ex-CEO of the Hamburg private bank M.M. Warburg, was linked to the Cum-Ex stock transaction scandal, in which banks defrauded the government of at least 10 billion euros. The trial against Olearius was stalled in June due to his health issues - he was reportedly 82 and not fit to stand trial. No verdict, either acquittal or conviction, was issued. Olearius was accused of severe tax fraud and consistently maintained his innocence.
The primary accusation against Olearius' lawyers lies in a consultation meeting that allegedly took place during the trial, during which a supposed criminal agreement happened. The affected witness reportedly declared he attended the meeting with Olearius at the Warburg Bank "early in 2007."
Olearius' Triumph in NRW
An examination of calendar entries and email data reveals that "no such criminal agreement occurred, and no such meeting took place," according to the announcement. In fact, the witness first met Olearius at the end of 2008, "more than a year after the initiation of the transactions in May 2007 that resulted in convictions of Warburg Bank employees." This indicates that the witness lied intentionally.
Brorhilker is accused of presenting false and incomplete incriminating evidence from witnesses as genuine and sufficient in multiple indictments. Further, she is alleged to have neglected signs of witness deception. Brorhilker has since left public service and now works for the Bürgerbewegung Finanzwende association, which advocates for comprehensive resolution of the Cum-Ex and Cum-Cum tax scandals.
Recently, Olearius achieved a legal victory. He sued the state of North Rhine-Westphalia, arguing that he was publicly prejudiced and his personal rights violated due to remarks from two officials. The Cologne Administrative Court largely sided with Olearius. ARD broadcast a documentary in 2021, featuring Brorhilker; Olearius was included and named in the film.
Following the legal victory, Olearius is now seeking compensation from the state of North Rhine-Westphalia, believing that his banking reputation was damaged by the unfounded allegations and public remarks made by the officials. The banking industry closely watches this case, as its outcome could set a precedent for similar cases involving defamation of individuals in the industry.
Despite Brorhilker's move to work for the Bürgerbewegung Finanzwende association, many question her credibility and trustworthiness in light of the allegations regarding her handling of the Cum-Ex tax fraud case and the subsequent impact on Olearius' career in banking.
