2023-10-08 13:14:36
NRW Justice Minister Benjamin Limbach (Greens) is putting a planned restructuring of the Cologne public prosecutor’s office responsible for the Cum-Ex investigations on hold. The NRW Ministry of Justice communicated this to the legal policy spokesmen of the parliamentary groups in the state parliament in a letter on Sunday. The letter is available to the German Press Agency.
According to the plans, around half of the cum-ex proceedings should move to a second, new main department of the Cologne public prosecutor’s office. This sparked criticism. Limbach was accused of interfering in the investigation with the measure and of wanting to disempower the lead Cum-Ex investigator Anne Brorhilker. However, he emphasized that he was looking for relief. “It’s too much for one person. It’s about spreading the work across more shoulders and preventing the actions from becoming time-barred. That’s my concern,” was his reasoning.
The investigative work of the Cologne public prosecutor’s office plays a central role in the nationwide investigation of the scandal. The main department, which, with 32 public prosecutors and 36 positions, takes care of the 120 cum-ex investigations involving 1,700 suspects, should be divided into two main departments – with a second main department head at the top. Other steps to support such as a further increase in personnel should now be examined.
No “disempowerment” of chief investigator Brorhilker
In cum-ex transactions, investors moved shares back and forth around the dividend record date with (“cum”) and without (“ex”) dividend entitlement. As a result, tax offices refunded capital gains taxes that had not been paid. The state suffered damage estimated at ten billion euros.
Jonas Jansen and Marcus Jung Published/Updated: , Recommendations: 12 Marcus Jung, Düsseldorf Published/Updated: , Recommendations: 4 Manfred Schäfers, Berlin Published/Updated: , Recommendations: 109
The Cologne Attorney General spoke out against the restructuring. Chief investigator Brorhilker is also said to have been against it. So far, years of investigative work have resulted in eight indictments and several groundbreaking verdicts.
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