Complaint from Cum-ex-string puller Berger fails | EUROtoday

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DThe tax lawyer and mastermind behind quite a few cum-ex transactions, Hanno Berger, has failed with a constitutional grievance earlier than the Federal Constitutional Court in Karlsruhe. As the courtroom introduced on Tuesday morning, the accountable Second Senate didn’t settle for the grievance for resolution. “The constitutional complaint is inadmissible because it has not been adequately justified,” says a press release from the courtroom (file quantity 2 BvR 1816/23).

This meant that the now 72-year-old lawyer's try to overturn an earlier ruling by the Federal Court of Justice (BGH) from September 2023 failed. The constitutional judges within the First Chamber of the Second Senate in Karlsruhe had been additionally unable to establish any violation of elementary rights in a number of of his arguments. The first legal judgment of the Bonn Regional Court towards Berger for severe tax evasion is subsequently legally binding.

No elementary rights violated

In his grievance, Berger initially complained that he had not been sufficiently heard within the enchantment proceedings earlier than the Federal Court of Justice. As the Federal Constitutional Court has now introduced, the BGH has not agreed with what it believes to be the “correct legal opinions” – “Article 103 Paragraph 1 of the Basic Law does not protect against this”. The constitutional judges had been additionally unable to establish a violation of the precept of truthful proceedings. Berger's argument that his proper to a statutory choose (Article 101 paragraph 1 sentence 2 GG) had been violated was additionally not heard. The constitutional courtroom stated that the complainant had not offered any substantiated proof on this regard. In explicit, there’s a lack of clarification as to why the alleged violation of the duty to submit paperwork below the legislation to protect the uniformity of case legislation of the best federal courts must also signify a violation of the fitting to the statutory choose.

Karlsruhe had to deal with illegal stock deals several times.


Karlsruhe needed to take care of unlawful inventory offers a number of occasions.
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Image: dpa

In December 2022, Berger was sentenced to eight years in jail by the Bonn Regional Court for significantly severe tax evasion in three circumstances. His legal lawyer Jürgen Graf, himself a long-time BGH choose and former deputy chairman of the primary legal senate, appealed and needed to have the decision overturned for his shoppers as a result of alleged procedural errors. However, the challenge failed final fall (file number one StR 187/23). Berger took motion towards this with a constitutional grievance to the Federal Constitutional Court (file quantity 2 BvR 1816/23).

As a part of inventory transactions, banks, inventory merchants and brief sellers traded securities with (“cum”) and with out (“ex”) dividend entitlement past the day of the overall assembly. This meant {that a} capital positive aspects tax that would solely be credited as soon as may very well be claimed a number of occasions from the tax authorities. The harm brought on to the German tax authorities by this collusive conduct between 2006 and 2012 is estimated at at the very least ten billion euros. In addition to smaller banks such because the Hamburg personal financial institution MM Warburg, Maple Bank and Bank Sarasin, main banks reminiscent of Commerzbank, Deutsche Bank, Deka, Macquarie after which state banks reminiscent of West LB, LBBW and HSH Nordbank had been additionally concerned within the transactions.

https://www.faz.net/aktuell/wirtschaft/bundesverfassungericht-beschwerde-von-cum-ex-strippenzieher-berger-scheitert-19548033.html