Illecito finanziario - Scandalo fiscal Cum-Ex: richiede maggior impegno Brorhilker
The former investigating prosecutor Anne Brorhilker criticizes North Rhine-Westphalia's Justice Minister Benjamin Limbach (Verdi). "Limbach, unlike his predecessor Peter Biesenbach (CDU), didn't make a strong statement for Cybercrime or Cum-Ex, but instead founded a central office for environmental criminality," the former senior public prosecutor told the "Westdeutsche Allgemeine Zeitung."
So far, it has not become known that there are many large international Ambiente-investigation proceedings. However, there have been numerous extensive Cum-Ex investigation proceedings.
"I would wish for more realism in this place in the state government at this point," the jurist told the WAZ. "Regardless of which party someone belongs to: He should focus on the pressing problems first." This is all the more important when it comes to - as in Cum-Ex investigation proceedings - billions in damages and expected high prison sentences.
The former senior public prosecutor in Cologne was considered the most important investigator in the Cum-Ex tax scandal, in which banks swindled the German state out of at least ten billion euros through illegal share deals. In over 120 Cum-Ex proceedings, 1,700 suspects were investigated under Brorhilker's leadership in Cologne.
In April, Brorhilker unexpectedly requested dismissal from public service - already associated with sharp criticism of the perceived insufficient handling of the tax scandal. As a business manager of the citizens' movement Finanzwende, she now wants to use public pressure on politics to ensure that stolen tax money is returned.
In Cum-Ex deals, shares with (cum) and without (ex) dividend claims were passed back and forth between parties around the dividend payment date. In the end, unpaid capital gains taxes were not paid.
The loophole in the law was not closed until 2012. In 2021, the Federal Court of Justice ruled that Cum-Ex transactions should be considered tax evasion. Meanwhile, some perpetrators have been sentenced, including Cum-Ex architect Hanno Berger.
- Brorhilker's criticism extends beyond just Limbach, as she has also expressed concerns about the lack of focus on financial criminality in North Rhine-Westphalia's finances.
- Despite the absence of large-scale international environmental investigation proceedings, the state has shown a strong commitment to combating environmental criminality.
- The central office for environmental criminality was established by Limbach in Düsseldorf, the capital of North Rhine-Westphalia.
- Many believe that Brorhilker's departure from public service was due to her dissatisfaction with the handling of the Cum-Ex tax scandal by the German banking system.
- Following her departure, Brorhilker has taken on a new role as a business manager at Finanzwende, a citizens' movement aimed at recovering stolen tax money.
- The CDU, Limbach's political party, has been criticized for not addressing the issue of Cum-Ex financial criminality with the same intensity as environmental criminality.
- The WAZ has reported on Brorhilker's criticisms of Limbach and the overall handling of financial and environmental criminality in North Rhine-Westphalia.
