Tax evasion: “Cum-Ex” key figure Berger: Switzerland has been extradited

Tax evasion: “Cum-Ex” key figure Berger: Switzerland has been extradited

A trial against the German tax attorney Hanno Berger is approaching. He is considered one of the main masterminds in the “Cum-Ex” scandal – and has so far resisted extradition from Switzerland.

The German lawyer Hanno Berger, who was arrested in Switzerland for dubious cum-ex deals at the expense of the German treasury, is to be extradited. The order was issued on August 20, as the Federal Office of Justice announced to the German Press Agency.

The Swiss law office of Berger did not want to comment on Friday on request whether it will appeal. “We currently have nothing to communicate,” it said. The “Handelsblatt” had also reported.

Berger is, among other things, indicted before the Wiesbaden Regional Court on suspicion of serious tax evasion in connection with cum-ex deals. Serious tax evasion threatens up to ten years imprisonment. At the start of the trial in Wiesbaden in March, however, Berger stayed away, which is why the proceedings against him were separated. Berger is also being prosecuted on suspicion of commercial gang fraud. Now a trial against him is approaching.

Berger, who is considered a key figure in the Cum-Ex affair, was arrested in the canton of Graubünden on July 7 after extradition requests from Germany. Berger defends himself against the extradition and the indictment. On August 5, the Swiss Federal Criminal Court rejected his appeal against extradition detention.

According to the Federal Office of Justice, an appeal can be made to the Federal Criminal Court against the extradition order of August 20. Against decisions of the Federal Criminal Court, in turn, the Federal Supreme Court can be called upon if it is a particularly important case, according to a spokeswoman for the Federal Office of Justice. The federal court would then decide in the last instance. The procedure can take several months.

The “Cum-Ex” deals are one of the biggest tax scandals in German post-war history. Investors used a loophole in the law to cheat the German state out of money for years. Around the dividend cut-off date, several participants pushed shares with (“cum”) and without (“ex”) dividend entitlement back and forth. As a result, tax authorities reimbursed capital gains taxes that had not been paid. The state suffered billions in damage. In 2012 the tax loophole was closed.

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