Schlageter case
The Schlageter case is the first publicly known banking scandal in the Federal Republic of Germany, which, after a final examination, uncovered obvious errors and deficiencies both in the direct banking supervision itself (here by the cooperative banking supervision) and in the superordinate supervision by the responsible Ministry of Economics in Baden-Württemberg . "There is no comparable case in the whole of Germany" (Ministry of Economics Baden-Württemberg). In fact, this was the first time that evidence was provided that banking supervision in Germany was inadequate, that it was not performing its tasks properly and that it was seriously mistaken.
The events relate to the years 1971 to 1993, long before the Lehman bankruptcy , which only raised the question of banking supervision in 2008.
history
The starting point is the collapse of Volksbank Oberkirch in 1971. The case was trivialized in relation to the press in that it was presented to the public in such a way that “naïve members of the board of directors who were in good faith were taken by clever checkers”. In fact, "the two board members H. and N. had carried out serious manipulations over the years". In this respect, there were considerable doubts as to whether the audits by the banking supervisory authorities were correct. The Badische Genossenschaftsverband (BGV) based in Karlsruhe was responsible as the auditing association . The supervisory authority of the cooperative association was again the Baden-Württemberg Ministry of Economics. However, in 1989, almost 20 years after the actual incidents, this came to the conclusion "... the accusation that the BGV had neglected legally required audit procedures as part of its mandatory cooperative audits at the former Volksbank OK in the years 1969 to 1972 does not apply [ …] It is also not true that the auditor's report should only have been restricted or even failed ”.
Nevertheless, considerable doubts remained and, following a petition, the state parliament of Baden-Württemberg commissioned the independent auditing company Schitag, today Ernst and Young , to re-examine the transactions in question. The Schitag expert opinion then submitted in 1993 clearly revealed “failures of the cooperative association” and “slaps in the face for the chief auditors from Karlsruhe”. In fact, the Schitag test report states that "over the years there have been significant deficiencies in both the material and the formal area of credit processing at Volksbank". In the question of the auditor's report, "a restriction or even refusal of the auditor's report [...] would have appeared appropriate". "In the preliminary discussions with those involved in the proceedings, the experts stated that an auditor's report should not have been issued at all".
For the state government “the findings of the experts revealed that the Badischer Genossenschaftsverband had not met its obligation to audit the Volksbank O. with due care in the years on which the investigation was based, up to 1972. […] For the Ministry of Economics as a supervisory authority according to § 64 GenG. This also results in the realization that in future, if suspicions become known in such complex situations, with the available personnel capacities, it will not be possible or useful to carry out a separate review ”.
The complex became known to the general public as the "Schlageter case". In this context, the Pforzheim entrepreneurial family complained about a loss of four million D-Marks. The above-mentioned submissions to the ministry and the state parliament were also based on them. In fact, the BGV initially offered a five-digit settlement amount. However, after the case was presented in the two television programs “Landesreport Baden-Württemberg” from July 8, 1994 and “Report” from July 12, 1994, “the BGV informed the Ministry of Economic Affairs that there was no basis for continuing the settlement talks be". Nevertheless, "the Petitions Committee asks the state government to use the Badischer Genossenschaftsverband (Baden Genossenschaftsverband) to hold comparative talks with the petitioner again". Although the state government followed this request with vigor, "the cooperative association announced in a letter dated July 20, 1994 that it would not hold any further settlement talks". "Even the state parliament could not clear the way". Since the actual processes were already more than 20 years ago, a legal solution was no longer possible, regardless of the process costs that could not be raised.
The case caused another scandal: after Eugen Schlageter had massively accused the President of the Badischer Genossenschaftsverband and Landtag member Egon Gushurst in a letter to all members of the state parliament , he submitted an affidavit from the then chairman of the board of the Volksbank Karlsruhe, Siegfried Gitzinger, after which Mr. Gushurst “Was not involved in the 'Oberkirch' matter at all, not even by proxy, which I expressly confirm and am willing to swear”. This letter of September 28, 1981 was sent to the President of the Landtag of Baden-Württemberg, various ministries and the Federal Banking Supervisory Office in Berlin. After Eugen Schlageter protested, he was "declared insane because of troubled behavior" by an official doctor. In fact, however, President Gushurst had signed the test reports of the Volksbank Oberkirch together with Mr. Gitzinger and "the affidavit of Mr. G. is wrong according to a judgment of the OLG Karlsruhe". "Affidavit for the President". A criminal prosecution failed due to the statute of limitations . While public prosecutor searches of banks and convictions of their board members have been nothing unusual since the Lehman bankruptcy in 2008, this was taboo before 2000.
Individual evidence
- ↑ Heilbronn Voice, November 3, 1994.
- ↑ Offenburger Tagblatt, 12., 13. February 1972.
- ↑ Stuttgarter Zeitung, archive February 1972.
- ↑ a b Landtag printed paper 11/2529.
- ^ Pforzheimer Zeitung, September 8, 1987.
- ↑ WIRTSCHAFTSWOCHE, July 24, 1987.
- ↑ a b Landtag printed paper 10/6647.
- ^ Pforzheimer Zeitung, December 13, 1991.
- ↑ Baden Latest News, October 14, 1993.
- ↑ a b FOCUS, April 22, 1996.
- ↑ Landtag printed paper 11/3925.
- ↑ Heilbronn Voice, July 22, 1993.
- ↑ Landtag printed paper 11/2529
- ↑ Landtag printed paper 11/3925
- ↑ Landtag printed paper 11/4538
- ↑ Stuttgarter Nachrichten, July 1, 1996.
- ↑ Report from the Pforzheim State Health Office
- ^ Judgment of the Higher Regional Court Karlsruhe, December 7, 1989.
- ↑ Heilbronn Voice, July 22, 1993