The defendant tax attorney Hanno Berger talks to his attorney.
(Photo: Reuters)
Bizarre scenes take place in the district court of Bonn. The defenders of the accused tax attorney Hanno Berger have announced a confession. When the 71-year-old begins his statement, he first talks about his childhood. He loses himself in vagueness about the crimes he is accused of.
At the end of his speech, many in the hall are still waiting for the confession. Then the courtroom doors open. Berger’s lawyer steps out, stands in front of the first microphone and says: “Mr. Berger made an open and frank confession.”
What is the court supposed to do with it? Berger’s lecture is teeming with words like “one”, “should have” and “could”. Maybe he made a mistake, didn’t look closely enough, says Berger.
Perhaps he could have seen that legislatures and the Treasury did not want the deals in which the parties involved approved double tax refunds. Berger is said to have earned 13.6 million euros.
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It’s about the Cum-Ex scandal, Germany’s biggest tax affair. Berger was a consultant and acquirer for wealthy clients who invested in such deals. Colleagues called him “the master”, the prosecutor “Spiritus Rector” from Cum-Ex. Highest courts have classified cum-ex deals as illegal and punishable by law.
Stringing together of subjunctive moods: There can be no question of insight into the act
Berger does not deny the crime. He has been under investigation since 2012. He fled to Switzerland and insulted public prosecutors and judges from there. He compared the rule of law with the Nazi judiciary and saw himself as a victim.
Now that he faces 15 years in prison, Berger’s lawyers have advised a confession. He can’t get it off his lips. Stringing together subjunctive moods is not an act of insight, let alone remorse. Berger did not apologize and did not settle the damage.
His lawyers have announced that he also does not want to comment on third parties. This eliminates the last opportunity to mitigate his sentence. Berger missed all chances.
The court should draw its own conclusions from this when assessing the penalty.
More: Podcast Handelsblatt Crime The cum-ex confession of the accused Hanno Berger