Fraud procedure: imprisonment or acquittal? Judgment in the Ballweg process

The negotiation of business criminal matters may be dröge, after all, it is about a lot of numbers and complex facts. However, the fraud against “transverse thinking” initiator Michael Ballweg was not lacking in drama and pathos. Defense and the public prosecutor accused each other the spread of fairy tales and conspiracy theories. For his lawyers and many in the audience, Ballweg is a hero and freedom fighter. For the prosecutors, he is an ordinary criminal and high forklift. After many months, the exceptional process ends.

Who is Michael Ballweg?

Michael Ballweg is 50 years old, IT entrepreneur from Stuttgart. In April 2020, he founded the Corona protest movement “Querbenem 711”, named after the Stuttgart area 0711. The movement quickly developed into a nationwide platform against Lockdown, mask and vaccination. Ballweg organized demonstrations with tens of thousands of participants. Vaccination opponents took part in this as well as esoteric, conspiracy ideologists and right -wing extremists. The protection of the constitution took the scene into view, among other things, because of anti -constitutional views.

But that’s why Ballweg has not been on trial since autumn.

What is the process about?

The public prosecutor’s office accuses Ballweg fraud and tax evasion. He is said to have raised more than one million euros from thousands of people for the organization through public views, but who have deceived donors for the use of funds. That is why he even sat in custody for a few months. The prosecutors accuse him of using 575,929.84 euros for private purposes. Versible expenses for the “transverse thinking” movement of 843,111.68 euros are documented. Ballweg is also not said to have submitted his tax return on time – at the time when he was in custody.

Originally there was also the accusation of money laundering against ball paths, but the district court dropped the indictment point.

The public prosecutor calls for a prison sentence of three years and the confiscation of more than half a million euros – it is said to be funds that are said to have used the ball path for its movement, but is said to have used it for its own purposes. The prosecutors accuse Ballweg lies and “targeted veiling”.

What does Ballweg say about the allegations?

Ballweg lawyers have sharply rejected all allegations of the public prosecutor’s office since the beginning of the procedure. They therefore advocate acquittal and detention compensation for the 50-year-old entrepreneur. The defendant himself emphasizes that in the years 2020 and 2021 he had lost 80,000 euros in connection with “transverse thinking”.

Until a final judgment, the presumption of innocence applies. Observers expect an acquittal.

Why is an acquittal considered likely?

Because the judge has been looking through for months that she assesses the matter very differently than the public prosecutor. The district court had already proposed an attitude of the proceedings in spring – because of insignificance. The judges had argued that the ball path could simply be demonstrated.

However, the public prosecutor surprisingly rejected. A conviction was still likely, the prosecutors had cited at the time – and even requested that the bias be determined by the professional judge. Without success.

In June, according to the district court, the public prosecutor still asked whether an attitude under conditions would also be considered. Although the court was ready to do so, the prosecution later announced that it would continue to not agree to an attitude.

Despite the signals from the chamber, the indictment also remains at the end of the process at its hard line. In her plea last week, the prosecutor admitted that the chamber’s line in no way corresponds to the legal opinion of the public prosecutor.

What else does the process make?

Of course, the political background mixes into the processing of tax and fraud allocations. The procedure is always about the difficult years of Corona pandemic and the question of how far the state can intervene in civil rights in times of crisis. Ballweg sees himself as a political persecutor with an uncomfortable opinion, as a victim of the judiciary. The public prosecutor accuses its defenders of spreading conspiracy theories and sowing doubts about the legitimacy of the procedure.

In addition, not only a prominent head sits on the dock, but also dozens of his loyal followers on the audience ranks. Ballweg has been accompanied and supported by supporters of his movement since the first day of negotiations. They demonstrated before the prison when he was in custody. For his fans, Ballweg is a martyr, hero and freedom fighter. Again and again they express their outrage in the courtroom – and are sharply called up by the judge. Ballweg himself likes to wear white shirts with slogans like “Freedom is made out of courage”, “Rebell” or “The truth is a daughter of the time”.

The fronts in the procedure are hardened after 43 days of negotiations. Now everyone is waiting for the judge’s judgment.