JThe longer the Frankfurt public prosecutor’s office investigates the case of senior public prosecutor Alexander B., who has been in custody since Friday evening, the greater the extent of his alleged crimes. The authority had previously investigated the former head of the Central Office for Medical Criminal Law and press spokesman for the Frankfurt Public Prosecutor’s Office on suspicion of commercial corruption. It has now become known that commercial infidelity in office is one of the allegations, in at least 55 cases.
On Monday evening, the public prosecutor’s office then announced further information in a three-page message. This includes the fact that B. could not be found at the address at which he was registered on the day of his arrest – although he was required to report a move immediately. He was localized by means of “technical surveillance measures”. He found out from a neighbor that the public prosecutor was looking for him and made contact in the late afternoon. He then went to the police, where he was arrested. In the evening, the arrest warrant was issued and custody ordered.
“Conspiratorial” collaboration
The report also states that the investigations revealed that Alexander B. had “specifically instrumentalized” investigations by the Central Office for Medical Criminal Law against physicians, clinics and other actors from the health care system, in order to in 2005 founded on his initiative by an acquaintance Company “to generate income for its employees at the expense of the Hessian judiciary. To this end, the accused is said to have worked with several employees of the company for many years in a conspiratorial manner and in massive breach of official duties.
B. had been a de facto shareholder in the company since 2007 and had a leading say in the business. As senior public prosecutor and employee with a prominent position, B. had a so-called asset care and asset management obligation towards the state of Hesse.
According to the public prosecutor’s office, his area of responsibility also included remuneration negotiations and the conclusion of framework agreements, i.e. the “specific extent of the costs to be borne by the judiciary”. In this role, he signed “invoices whose factual inaccuracy he was aware of” as correct and released them for instruction. As a result, the State of Hesse incurred financial losses of EUR 558,000 for the cases identified so far from August 2015 to July 2020, which is not statute-barred. “In view of the ongoing investigations and evaluations, the amount of the total damage cannot yet be conclusively quantified.”
Specifically, the public prosecutor states that B. not only entrusted the employees of the company with the evaluation of documents that were secured in the investigations of the central office. But also with almost all activities that are part of an investigation, including the drafting of “significant parts of indictments”. At this point, the public prosecutor’s office makes it clear that this “is the original task of the public prosecutor’s offices and under no circumstances may private service providers do this for a fee.”
Total imprisonment of up to 15 years possible
When it came later to billing for the services, in agreement with B., no distinction was made between different activities. “Instead, the auxiliary activities were billed as expert work.” According to the announcement, B. also billed the company’s general operating costs, just like services “for which there was no need for factual reasons”. Services that were rendered in an earlier procedure were billed again in new procedures as a new, independent activity. Either in consultation with him or because he did not check it, services not rendered were also billed.
Finally, the public prosecutor’s office commented on the tax evasion for which they are investigating: Here 165,000 euros are due to bribe payments and also undeclared income from rentals. The authorities calculate that the penal code provides for imprisonment of up to ten years for the serious crimes he is accused of. “In the case of a total sentence, the imposition of a total of up to 15 years in prison is possible.” The investigations against B. and eight other suspects, including a public prosecutor and former employee of B., are ongoing
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