Dirk Jens Nonnenmacher

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Dirk Jens F. Nonnenmacher (born June 3, 1963 in Karlsruhe ) is a German mathematician and manager . From November 18, 2008 to March 31, 2011 he was CEO of HSH Nordbank .

Life

Nonnenmacher studied mathematics and medicine at the University of Ulm . In 1990 he received his doctorate from the mathematician Wolfgang Jurkat in Ulm on the theory of multidimensional platform integrals with exceptional quantities , followed by his habilitation in 1993 . At the same time he worked as a consultant for companies in the financial sector. In 1998 Nonnenmacher started in risk controlling at Dresdner Bank . In 2002 he was appointed honorary professor at the Faculty of Mathematics and Computer Science at the Ruprecht-Karls-Universität Heidelberg . In 2004 Nonnenmacher switched to DZ Bank . There he was in charge of strategic, risk and financial controlling.

HSH Nordbank

From October 1, 2007, Nonnenmacher was a member of the Management Board of HSH Nordbank , and since November 18, 2008, its Chairman . On November 9, 2010, the two main shareholders of the bank, the federal states of Schleswig-Holstein and Hamburg , announced publicly that they had asked the chairman of the supervisory board, Hilmar Kopper , to release Nonnenmacher from his post as chairman of the board. Nonnenmacher left HSH Nordbank on March 31, 2011.

On September 24, 2008, the bank Lehman Brothers filed for bankruptcy. Everyone became aware of the banking crisis; the economic situation in many industrialized countries quickly deteriorated . As a result, HSH Nordbank had to carry out value adjustments ; according to press reports , total depreciation in September 2008 amounted to around 1.1 billion euros. The bank thus had charges ( income statement plus revaluation reserve ) in the amount of 2.4 billion euros on its books. On November 10, 2008, Hans Berger resigned from his position as CEO of HSH Nordbank due to the financial market crisis. A week later it was announced that board member Nonnenmacher was his successor.

Discussion about payment

The bank had to be supported with guarantees in the billions and direct financial aid from the states of Hamburg and Schleswig-Holstein. Officially, it was announced that nunmaker's salary was capped at a maximum of 500,000 euros a year. The same limit applies to board members of banks supported by the SoFFin federal fund . In the summer of 2009, however, it became known that Nonnenmacher would receive a special bonus payment of 2.9 million euros. The presidential committee of HSH Nordbank, including the Schleswig-Holstein Finance Minister Rainer Wiegard ( CDU ), approved these subsidiary agreements in November 2008. Nonnenmacher complained to the German media about the discussion about his salary as “nonsense” and demanded: “Let's leave the church in the village”. He took the view that the issues were not discussed in terms of content, but rather scandalized. He himself is always in favor of transparency and also lives this in everyday life. On October 13, 2009 NDR Info reported that Nonnenmacher was informed about the 500 million loss business that brought HSH to the brink of bankruptcy.

Public Prosecutor and Parliamentary Committee of Inquiry

In June 2009, the establishment of a parliamentary committee of inquiry was decided in both the state parliament of Schleswig-Holstein and the Hamburg parliament . There the circumstances of the HSH Nordbank crisis are to be clarified.

In August 2009, said prosecutor Hamburg that the Department Economic Crime of the Office of Criminal Investigation (LKA) have set up a ten-member special group of eight LKA officials and two prosecutors.

On February 5, 2010 Nonnenmacher testified for the first time as a witness before the parliamentary committee of inquiry of the Hamburg citizenship . He defended controversial financial transactions - in these financial transactions, for example, “ Nordbank outsourced risky real estate loans to a specially created subsidiary on the Channel Island of Jersey . The loans were insured by the French BNP Paribas and then linked together with loans and securitized loan portfolios of BNP to form the Omega 55 construct . The Nordbank was able to outsource risks for a few months (so that the risks do not appear in the 2007 balance sheet and have a possible influence on the Hamburg parliamentary elections on February 24, 2008 ), but in return negotiated others and had to write off several hundred million euros ... " - These transactions had a total value of 17 billion euros, according to the taz , Nonnenmacher also admitted that HSH Nordbank made mistakes. His institute “ did not always work carefully ” and “put Hamburg and Schleswig-Holstein in a difficult position ”. He was acquitted of the charge of tax evasion by the Hamburg district court.

Trial because of "Omega 55"

Of before the Great Economic Criminal Court 8 - July 24, 2013 to July 9, 2014 to Nonnenmacher had - together with five of his former colleagues from the governing body of HSH, who held office in 2007 the Hamburg Regional Court (for mismanagement misappropriation of bank assets in a particularly serious Case). At the center of the proceedings was the bank's ominous deal from 2007 called “Omega 55” (described above).

Together with Nonnenmacher, the following were charged:

  • Hans Berger, who was CEO of HSH Nordbank in December 2007 when the Omega 55 deal was decided,
  • Peter Rieck, who as (then) Deputy Chairman of the Management Board a. a. was responsible for the areas of shipping, transport, real estate customers and the branches in America and Asia,
  • Jochen Friedrich, who had been on the HSH Board of Management for six months in December 2007 and was responsible for investment management and the capital market as well as the London branch,
  • Hartmut Strauss, who was responsible for the bank's risk management at the time and
  • Bernhard Visker, member of the board since January 2007. Visker was responsible for corporate and real estate customers, private banking and savings banks.

This was the first time that the entire board of a financial institution stood before a criminal court for a business in the run-up to the financial crisis for infidelity . The fact that an entire bank board member has to answer criminally is a novelty in German economic history. (In 1990, a protracted infidelity process was opened before the 27th criminal division of the Munich Regional Court against the board of directors of Bayerische Raiffeisen-Zentralbank AG , which ended with imprisonment and suspended sentences.) The defendants in the HSH trial were charged with “being members of the board of HSH Nordbank AG in December 2007 to have approved the complex 'Omega 55' financial transaction, although the loan application submitted to them did not allow a comprehensive assessment of the opportunities and risks of the business. ”Among other things, the bank said it was an improvement in regulatory capital ratios could not be reached due to the structure of this transaction The loan application also did not contain any meaningful information about the earnings and cost situation of the business. The public prosecutor put the damage at 158 ​​million euros.

The chamber accused Nonnenmacher and Friedrich of deliberately misrepresenting balance sheets. The HSH Group's quarterly report of March 31, 2008 and a press release of June 20, 2008 reported a surplus of EUR 81 million, but in reality there was a deficit of EUR 31 million. The balance sheet was later corrected, and then showed a loss of 77 million euros.

On July 9, 2014, all of the defendants were acquitted , although the criminal chamber had proven them intent, at least conditional, but found that the defendants had not exceeded the “gray area in terms of criminal liability”. In the oral judgment, the criminal chamber stated that it saw all the offenses of infidelity in relation to the Omega 55 business as fulfilled, but that the breaches of duty were not "serious and evident" enough for a conviction.

On October 12, 2016, the 5th criminal division of the Federal Court of Justice reversed the acquittals and referred the matter back to the Hamburg Regional Court. He stated that the regional court had incompletely examined the breaches of duty . He thus agreed with the public prosecutor, who had appealed against the acquittals. In June 2019, the process was finally discontinued against conditions (1.5 million euros in cash).

Memberships

From February 11, 2009 to March 31, 2011 Nonnenmacher was a member of the Board of Directors of DekaBank Deutsche Girozentrale .

The Hapag-Lloyd AG chose Nonnenmacher (then CEO of HSH Nordbank) from 1 June 2010 to its supervisory board. There he succeeded Peter Rieck, who had been a member of the committee since March 2009. On March 30, 2011, he resigned from the Supervisory Board.

Web links

Individual evidence

  1. Vieweg Job and Career Planner 2003
  2. Dirk Jens Nonnenmacher in the Mathematics Genealogy Project (English)Template: MathGenealogyProject / Maintenance / id used Template: MathGenealogyProject / Maintenance / name used
  3. Honorary professorship
  4. "State governments demand the expulsion of nunmakers" on Spiegel Online
  5. Financial Times Deutschland (FTD) September 24, 2008: HSH again writes off 500 million ( Memento from September 24, 2008 in the Internet Archive )
  6. HSH Nordbank press release of November 10, 2008: CEO Hans Berger resigns ( Memento of December 4, 2010 in the Internet Archive ); Retrieved January 11, 2009
  7. HSH Nordbank press release of November 17, 2008: The HSH Nordbank Supervisory Board appoints Dirk Jens Nonnenmacher as CEO ( Memento from July 14, 2014 in the Internet Archive ); Retrieved January 11, 2009
  8. Gunther Latsch: Strange Truths . In: Der Spiegel . No. 30 , 2009, p. 22 ( online ).
  9. Hendrik Ankenbrand, Johannes Ritter: “The discussion about my salary is not honest”. In: Frankfurter Allgemeine Zeitung. August 22, 2009. Retrieved July 9, 2014 .
  10. Peter Hornung, Jürgen Webermann: HSH boss approved apparently lossy business ( memento of October 16, 2009 in the Internet Archive ). On: NDR Info , October 13, 2009
  11. We have the initial suspicion of infidelity. Public prosecutor's office is investigating Nordbank boss Nonnenmacher . In: Hamburger Abendblatt , October 17, 2009
  12. Committee of Inquiry into the Nordbank decided . In: Hamburger Morgenpost , June 12, 2009
  13. Police investigate because of "breach of trust and falsification of accounts" . In: Hamburger Abendblatt , August 8, 2009
  14. Dossier: The gambler Bank ( Memento of 5 February 2010 at the Internet Archive ), NDR 45 mins from February 2, 2010
  15. Michael Naumann: HSH loss already known in 2008 . In: Hamburger Abendblatt , January 12, 2010 (accessed February 6, 2010)
  16. SPD accuses Senate of “deceiving the public” . In: Die Welt , January 11, 2010 (accessed February 6, 2010)
  17. Dr. No go swimming . In: taz , November 19, 2009
  18. cf. Investigation committee: HSH boss Nonnenmacher admits errors in Spiegel Online , February 5, 2010 (accessed February 5, 2010)
  19. Nonnenmacher acquitted of the charge of tax evasion. In: The world . July 11, 2012, accessed July 9, 2014 .
  20. a b The ominous Omega. In: Handelsblatt . July 23, 2013, accessed on July 9, 2014 : “The trial against the former board members of HSH Nordbank begins in Hamburg. At the center of the proceedings is the special purpose vehicle with the code name "Omega 55". "
  21. Jürgen Dahlkamp, ​​Gunther Latsch, Jörg Schmitt: Botox for the balance . In: Der Spiegel . No. 30 , July 22, 2013, ISSN  0038-7452 , p. 36–38 ( online [PDF; accessed July 9, 2014]).
  22. ^ Wilhelm Frankenberger: The BRZ Debacle 1985. The Inglorious End of the Bavarian Raiffeisen Central Bank , p. 123 ( online )
  23. a b Proceedings against former members of the Management Board of HSH Nordbank - decision of the regional court on the opening of the main proceedings. (No longer available online.) In: Justice portal of the online presence of the Free and Hanseatic City of Hamburg . Hanseatic Higher Regional Court, May 2, 2013, archived from the original on June 15, 2014 ; accessed on July 9, 2014 : “In the proceedings against six former members of the Management Board of HSH Nordbank, the Hamburg Regional Court opened the main proceedings by decision of April 23, 2013 (608 KLs 12/11). The Chamber considers the six defendants to be sufficiently suspicious of a jointly committed infidelity. "
  24. Stefan Kaiser: HSH-Nordbank-Prozess: When in doubt for the money burners. In: Spiegel Online . July 9, 2014, accessed on July 9, 2014 : "The mammoth trial against Dirk Jens Nonnenmacher and five other ex-board members of HSH Nordbank ends with an acquittal."
  25. Quotation from the judgment, item 1535: "In their approval of the transaction" Omega 55 "with regard to a financial disadvantage resulting from the transaction for HSH Nordbank AG, the defendants acted with at least conditional intent ..." ( online )
  26. ^ Björn Staschen: Criticism after acquittals by the ex-HSH board members. In: NDR.de . July 9, 2014, accessed July 9, 2014 .
  27. Acquittals in the proceedings against former members of the HSH Nordbank Management Board - judgment of the Hamburg Regional Court of July 9, 2014. (No longer available online.) In: Justice portal of the online presence of the Free and Hanseatic City of Hamburg . July 10, 2014, archived from the original on November 10, 2014 ; Retrieved November 10, 2014 .
  28. spiegel.de: BGH collects acquittals for former managers
  29. Press release No. 182/2016
  30. ^ Judgment of the 5th Criminal Senate of October 12, 2016 - 5 StR 134/15
  31. HSH Nordbank: Dirk Jens Nonnenmacher pays millions - proceedings discontinued. In: Der Spiegel. Retrieved March 22, 2020 .
  32. Current members ( Memento from March 18, 2014 in the Internet Archive )