Wednesday, January 11, 2017

How safe are German managers are in America? – FAZ – Frankfurter Allgemeine Zeitung

The flight back from the warm Florida in the winter, Germany had presented itself to Oliver Schmidt is different. Even before his plane took off, it was Schmidt, by 2012 to 2015, for VW in the United States for the communication with the regulators responsible.

Marcus Young author: Marcus Young, an editor in the business.

he is accused in an 18-page criminal complaint, to be part of a conspiracy against the United States (click here for the document, in English). The VW Manager can’t leave the country. Schmidt denied his transfer to Michigan, where a process is threatening, he is taken into custody.

Now, the American justice wants to affirm their accusations in the coming hours by a Statement of Facts. All this speaks for a swift end to the prosecution against VW Manager Oliver Schmidt.

the Trouble with the American justice system is not a new phenomenon. Top managers stayed away in the past, in order to prevent civil suits and criminal processes. The us customs can be passed to applications directly to the members of the management Board, so that the action will be considered. Worse for those Concerned, if you are not yet created at the airport in handcuffs.

So threatened by the former Siemens boss Heinrich von Pierer and his colleagues on the Board, he will serve as in the corruption affair adversity, because the group was not subject to the rules of its listing on the New York stock exchange to the strict American stock Exchange. Raoul top banker of the Swiss Bank UBS, was made Because, once after delivery in 2014, even the process in Florida.

A tragic case is that of the native American, William Broeksmit. The former risk Manager of Deutsche Bank should be very concerned about investigations against the Bank and allegedly, therefore, no longer in his home to be traveled. Broeksmit committed suicide three years ago in London, a suicide.

of one’s Own citizens from Germany to the United States. Nevertheless, the extradition practice is generally in the criticism. Because an American court of appeal had announced in the year 2015, delivered to condemn a Person for completely different acts – the economic criminal lawyer Jürgen Taschke of the law firm DLA Piper, which is a violation of the constitutionally recognized principle of specialty. “In the Wake of an individual property right was was to may only due to the actions and prosecuted for the extradition, on the level of protection of an intergovernmental agreement lifted.” Who took his legal claim, then Germany would arrange a formal complaint against the United States, submit – “what is practically connected with incredible difficulties,” explains the lawyer.

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This view also, the Federal constitutional court represents. It is the delivery, practice, questioned in the United States with his decision in may 2016 (Az.: 2 BVR 175/16). “It is a warning signal, American prosecutors have to keep in mind to keep track of only actions that are approved in the delivery,” says DLA lawyer Taschke. “Who has been delivered due to suspicion of tax evasion, must not be condemned in addition, because of fraud.”

managers are unsure whether in the United States, charges against you are, advises Taschke in front of the entry to seek the advice of an American lawyer. You can contact the Ministry of justice. “Don’t want to comment on the authority, should draw his conclusion.” Conversely, it has experienced of the experienced criminal lawyer that the American authorities are encouraging a “respectable Manager for entry into the country, to arrest him.”


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