Germany’s top financial supervisor dismissed a decade of warnings about Wirecard
wsj.com
wsj.com
If you're on the DAX or a politician, you're untouchable in Germany and lots of people inside and outside of Germany have no idea of how insanely corrupt the German government and their corporate buddies are.
Sure, it's not like Russia or the CCP and you're not in danger of being suicided if you uncover some high level dirt but nobody really ever gets punished when obvious corruption gets proven so I have no idea how they always manage to looks so good in the corruption statistics.
[1] https://www.spiegel.de/netzwelt/web/deutschland-warum-unsere...
But at the highest levels the opposite prevails, up there with France or even the US. Not Kleptocracy by any means, but bad by OECD standards. Because it’s so institutionalized it doesn’t really appear in those “corruption index” reports that NGOs like to produce.
You don't know how good you have it. The low level corruption is the thing that eats away at your soul and poisons your day to day life.
High level corruption? Awful, but we have that too.
But having to bribe the nurse so that your grandma gets painkillers (or toilet paper!) in the hospital? Having to bribe the police officer to get your driver's license? Having to bribe the lady at the counter working for the City Hall, so that you can actually get papers you need this year, not 2 years from now?
That really messes with your head!
And if you think Romanians are somehow content:
https://en.m.wikipedia.org/wiki/2017%E2%80%932019_Romanian_p...
They were in the news everywhere, from Deutsch Welle to the New York Times.
I find your comment dismissive of those down the ladder, maybe I'm misinterpreting it. It also seems unaware of history or recent news.
Most ngos and corruption indices focus too much on lower level corruption instead of both.
Bringing a bottle of expensive vodka to smooth over some bureaucratic procedure is nothing compared to what goes on in the big leagues.
Something to keep in mind, corruption indexes like this one https://en.wikipedia.org/wiki/Corruption_Perceptions_Index are actually about the perception of corruption. After all it's the only thing that's easy to measure.
Is there a "usual fee" for your driving license?
Please explain your definition of “neoliberal” to us.
"Everything I hate", same as everyone else.
My bet is that isn’t true.
It's akin to a strange alien weapon for most Americans, that goes off near you, putting you in a state of trance, and you don't even know what's happening.
There is brazenness and blatancy to it, as in "yeah, I did it, what are YOU going to do about it?"
In many other countries the remedy is torches and pitchforks, but here in the U.S. the crime syndicate infesting Washington D.C. is protected by a thick layer of laws and "norms". That's why William Barr can go on TV and say things like "winners write history". Try that shit elsewhere and see what happens.
In the developing world, corruption is quiet, it's subtle. No one is supposed to know you have 5 summer houses, because that makes people jealous and very very stabby. And that's the difference.
I only see it because I grew up in post-Soviet Ukraine. Americans don't have that unfortunate experience.
Right now that's not happening. Why? Because there is no money in it. You can't get a kickback from a school, you can't get a lobbying gig, you can't get a board seat. There is nothing to gain.
> That's pretty standard corruption. But the Bush administration, as rotten as it was, would at least provide schools with resources to open.
By what measure is killing half a million people, standard corruption?
(and you didn't really mean to say that's okay when they would at least provide schools with resources to open ... did you?)
The corruption we see in DE is similar to that of US and even Canada - and it's of a different kinds.
It's not corruption in the classical sense, it actually is rational for the state to prefer copper, if the state has investments in copper - in a kind of perverse way.
Less rational and borderline corruption if an individual state actor has personal investments in copper.
'Big Business' is often done on the basis of relationship, of the advice of consultants, and it's far more of a systematic thing than an overt thing.
For example, there is quite a lot of oversight for things like insider trading, and such shenanigans. People are not taking bribes.
It's rational for congressional members to 'fight' for the big government contract to be located in their district, even if it's not the ideal outcome.
This kind of network/influence dysfunction is a huge issue, and it deserves it's own name, because it operates in a different way, has different results and is way more nuanced.
That said it can have major impacts and it is a big deal, it should not be ignored, but it should be recognized as another category.
FYI - if contractors, suppliers etc. all did a really good job, it would matter less. There may or may not have been shenanigans in the allocating to CGI for the big Healthcare.gov project, but the worst part is that it was a failure. If CGI had of done a great job ... well that reduces the issue of how contracts are awarded.
The city of Montreal had some serious problems with low-level 'corruption' when handing out city contracts - as it turns out, it was partly bad acting, but partly because there was no concept of transparency, bidding, no proper systems and checks for how procurement is made, leaving the door open to city officials getting to go to expensive dinners etc..
It's an issue, but of a different kind.
A country preferring copper internet because they have large stocks of copper (which makes the project cheaper) is arguably the right thing to do. If it turns out it's a bad decision in the long run (because the negative impact of slow internet outweighs the savings brought by the cheap copper), that's just a bad investment. At worst, it's a mismanaged government.
An individual doing something to gain personal benefits (i.e. Cheney) is more regular, high level-corruption.
Somewhere in between the two, you get regulatory capture.
Then you have things like Old Boys' Clubs where you can't get hired in high-paying jobs unless you went to school with the right people. I'd call that an unequal society.
These are different types of problems which require radically different solutions.
So cash in hand is a bazillion times worse than a board seat.
This is a bazillion times worse than cash in an envelope, because it's straightforward larceny of public resources, papered over with some thin PR nonsense about "efficiency".
This current government isn't even pretending to do anything else. There have been so many no-bid contracts for "PPE supply" handed out to cronies with no PPE experience - and no PPE delivered, while lethal shortages continue - that there are are now formal legal challenges working their way through the courts.
The current government in the UK is uniquely poor compared to every UK government that has come before it. The situation there does not extend to "western nations" in general - just those run by incompetent/malignant (take your pick) populists.
We don't eliminate corruption as we 'advance', but instead we just keep abstracting it away until the less observant don't see it as corruption but instead some form of 'networking'.
This is obviously not true. There have been numerous uncovered political scandals in Germany that have led to politicians and managers loosing their job. Christian Wulff (Former German President), Guttenberg (former Defence Minister), etc.
I'm not saying there's no corruption in Germany - I think there's always going to be some level corruption at a certain scale of state - but there's no need to go as far as China or Russia for comparison. Just come to the South of Europe for a taste of what grand-scale corruption in what are otherwise (seemingly) high-functioning democracies...
I remember watching a Brazilian high government official (Justice minister?) on Anderson Cooper mentioning that Lava Jato had seen ~3 USD billion disappear, as Cooper reacted with a wide-eyed grin... And I thought to myself, huh, that's arguably the largest national corruption scandal in Brazil in recent history, and it's about the same size as the "EREs case" [1] in Spain, which was a regional affair, and where ~3 EUR billion also disappeared. One of many perpetrated by both main political parties in the last couple of decades.
Like I say, I don't think Germany is without corruption, but it's a matter of gradation - it's hard to label it as an "insanely corrupt" country seeing what's out here.
[1] https://es.wikipedia.org/wiki/Caso_ERE_en_Andaluc%C3%ADa
But if you look "up" the amount of corruption rise to the astonishing levels. Just remember Stuttgart 21 or the Berlin Airport, Hamburg Elb Philharmonic, Battleship Gorch Fock. Germany is full of such corrupt projects, it's obvious and everyone knows about it, but nobody yet went to jail because of it.
None of those are examples of corruption, unless you have an almost unlimited understanding of what constitutes corruption.
I dont think there is any amount of money i could offer to safely escape a drunk driving ticket, however the ceo of my company was the head of the board for an security company, and we were forced to use their products despite an unimaginable amount of flaws.
The second the security company was sold we were allowed to drop every aspect of that company, 10 huge enterprise products, and the entire IT and Security organizations both agreed that throwing out the whole years roadmap and working to switch vendors as soon as possible was the best use of our time.
Thats a small example of pure and utter -yet legal- corruption. There is no world in which that vendor was the right choice for a single product let alone 10. Except the world where the CEO could make the productivity of one company fungible with the revenue of another.
https://lifehacker.com/how-to-buy-new-york-citys-get-out-of-...
If a guy owns a company, I don't doubt that he believes it's the best at what they do. The one thing most CEOs I've met have in common is they ridiculously overestimate how great their companies are. This guy probably genuinely believed his security company was the best choice. It's "not invented here" on the scale of companies instead of git repos.
A classic problem parties have is that they need to take care of their party militants and their families. This typically creates economic activities (insurance, banks, investment funds, charities, community organizations, ..) that are aligned on party lines.
These companies are part of the party infrastructure and are used as power-bases to influence the party as well.
It's called patronage and is rampant in western democracies.
Sadly (luckily?) this wasn't corruption but plain out retarded levels of incompetence...
The client was constantly allowed to adjust plans.
I've worked as architect on similar sized projects. You can't allow clients and esp. committees to change direction at all. This a breach of contract. With hospitals, universities, concert halls and airports you need to be strict to the local government, which is the client in such cases. They are no experts, they change every 4 years, they exhibit irrational behavior sitting in a committee.
Looking at our current Minister of Transport 'Andi Scheuer', this does not seem to be the case any more. He is still in office after burning more than € 500M in the recent toll scandal [0].
[0]: https://www.dw.com/en/german-transport-minister-blasted-over...
Andreas Sheuer is still in charge of transport as a federal Minister, despite the 500,000,000 € heavy corruption scandal.
Von der Leyen got even "promoted" to EU-lead position after heavy corruption scandal last year when she was a Defense Minister of Germany.
Not only Germany, but in the whole EU commission leadership it would be hard to find someone without corruption scandal, accusation or conviction.
The guy is corrupt and comically incompetent, but he just seems invincible. Why is he still in office? My theory is, that it has something to do with his dialect and his overall slightly idiotic appeareance. Though not on the same level as Trump or Boris Johnson, still that seems to give him some sort of protection, because people do not expect anything from him in the first place.
But then again, like OP correctly said: Europes leader has a corruption scandal at home, deleted evidence, the whole thing, but just keeps doing her thing.
The answer to that question is called the CSU. But they are losing ground in Bavaria so there's hope.
You can't arrest someone on account of them being an idiot.
It's the responsibility of the other party members and especially the opposition to demand him being removed from office.
Funnily enough the Green Party demanded exactly that, but then again that's the same party that wants general speed limits...
So yeah, of course any party that wants to get reelected in Germany will stand behind that clown, as long as that clown fights for "Freie Fahrt für freie Bürger!" and lets them keep their drivers license, because 21 km/h above the speed limit is just a trivial offence...
I think it should be. You get the power over large sums of money and for that you’re liable with your life.
No but you can sure fire them, in the private sector at least.
The 21 km/h above the speed limit would probably not make the auto industry very happy. What good is a Porsche if one needs to drive slowly?
that seems an exaggeration, off the top of my head Gentiloni[0] (economics) has not been involved in any corruption scandal or accusation that I know of, nor was Timmermans[1] (VP).
[0] https://en.wikipedia.org/wiki/Paolo_Gentiloni [1] https://en.wikipedia.org/wiki/Frans_Timmermans
This would involve stripping immunity first, which doesn't happen all that often and involves approval from the parliament.
Naturally, this is a partisan issue and members of the ruling parties would obviously vote against it, making it very difficult to achieve in practise.
This is common practise in most democratic countries, though and isn't unique to Germany at all.
If a politician is being caught stealing (e.g. embezzlement), criminal charges W I L L be put forward and immunity will be stripped from them.
The problem here is that unethical behaviour and gross incompetence simply aren't criminal offences.
Are they to be tolerated? No! But that's a question of changing laws and legislation accordingly, not one of being "untouchable" - because even politicians aren't and that's the point.
There's a difference between conflict of interests/unethical behaviour/incompetence and criminal actions.
The consequence of scandals like this should be a call for tighter laws, increased responsibility of all involved parties and better financial supervision in both politics and private enterprise.
Simply getting out the pitchforks, shouting that all politicians are corrupt criminals and demanding heads to roll doesn't change anything and isn't constructive.
Guttenberg's public image rested on the idea that he was a morally upright, well composed, competent businessman, along with his noble lineage and family castle. The revelations about his thesis destroyed his credibility.
This is rather different from financial corruption of the sort hinted at in this article.
Francisca Giffey, the Family Minister, never resigned when her doctor thesis was found plagiarized.
Also von der Leyen, former German Defense Minister and current European Commission leader didn't resign when she was found that she falsified her official CV.
> Ich bin gerne bereit zu prüfen, ob bei über 1200 Fußnoten und 475 Seiten vereinzelt Fußnoten nicht oder nicht korrekt gesetzt sein sollten und würde dies bei einer Neuauflage berücksichtigen
> I am perfectly willing to check whether in any of the over 1200 footnotes and 475 pages individual footnotes were not - or not correctly - inserted, and to correct this in a new edition.
Guttenberg kept to this position for a week, while Angela Merkel and most of the government supported him.
In the end, though, the extensive plagiarism (93% of the pages have at least one known instance of plagiarism) in his dissertation was so well documented that it was impossible to deny, and his statements about possibly having made a few mistakes here and there also looked more and more like outright lies. Nobody plagiarizes to that extent by mistake.
Years ago I did a high level IR/HR course at BT where this sort of low level corruption was one of the most common types of serious misconduct.
Of course getting investigated by BT Security is not a happy fun experience.
Guttenberg was even the main candidate to direct some sort of "Internet security/ethics" department (don't remember anymore exactly what it was)? What kind of joke is that?
Von der Leyen was involved in the story about spending a lot of $ for external contracting companies & other stuff, then she got "promoted" to the EU-level => another joke, for me.
https://www.dw.com/en/german-ex-spy-chief-maassen-to-join-la...
I hope the revolving door didnt hit him in the ass.
None of these two served any prison sentences. Wulff was acquitted after he refused to pay 20k € to make it instantly go away and even had damages paid.
Guttenberg was caught plagiarizing for his doctoral dissertation, which is a rather common thing among German politicans. As a consequence he lost some public clout, but instead wrote a book for even more publicity, afaik right now he's doing some work for Springer in the US, biding his time for a another comeback in German politics.
Meanwhile to this day even Kohl's donation scandal, hasn't seen any proper investigation, nor the Amigo-scandal, NSU-scandal, nor the countless others, particularly on a local state level.
Heck, just look at people like Mehdorn and projects like the BER construction site: He, being such a highly renowned and well paid manager, was supposed to fix that mess. Nothing was fixed, the whole thing is still a massive mess, political consequences for anybody actually responsible? Pretty much zero.
The thing is: We Germans are very good about keeping up appearances, as a result of that inconvenient truths and topics often fall by the wayside.
How you can mistake this obvious corruption for incompetence is beyond me.
This is normal procedure. There is a rather short timeframe between appointment and becoming a minister. Of course did he sold it only after he know it would be a problem.
> How you can mistake this obvious corruption for incompetence is beyond me.
He had no benefits personally, so it's not corruption.
This is just a nice story you tell the kids to give them a scapegoat, ignoring the historical context. This happend 1982, when Internet did not even exist yet. And fiber at the time wasn't really great as today. Copper probably was indeed the better solution, consicdering that survived the decades, where fiber from that time has already become useless long ago.
Politics aside, isn't that the problem? Copper survived so it didn't need to be replaced. Fiber would have been replaced with newer one because otherwise it would not work at all. People put up with slow Internet, but they wouldn't have put up with no Internet.
And those stock sales would have been much less profitable.
Not direct cash bribe but definitely far more motivated than just incompetence.
A decade later those OPAL installations were replaced again by copper as they could not handle high speed Internet.
Is that also not corruption but incompetence?
In practice, when such "incompetence" involves millions (of Euro, dollars, etc.) - and those involved stand to gain from it - we ought to scrutinize it as a possible symptom of "malicious competence".
For me, "incompetence" sounds like an excuse or smokescreen, when there are those who profited from it. After all, numerous real-life cases suggest that corruption is endemic, if not inherent, in our institutions of politics, business, and public decision-making process.
Personal financial gain by abuse of power.
For quite a while early on in the internets history we are talking 1990's the German Telcos still wanted to use IDSN
However, they made the mistake of burying active components along with the fibre strands that only spoke ISDN. And of course no tubes. For upgrades they ripped it out again and built copper when DSL was en vogue... If they hadn't fucked up this badly, probably due to corruption, Germany would have had 20% broadband fibre coverage instantly 20 years ago
The UK could have had much better fibre if back in the 90's Mrs Thatcher's government had given BT a 20 year payback and allowed BT to implement its Fibre plans.
It set every industry in the country back decades. Medicine, education, everything. It makes my blood boil. I have to avoid thinking or reading about it at this point.
Nothing good can be expected when central gotv starts to "innovate".
> Sure, it's not like Russia or the CCP and you're not in danger of being suicided if you uncover some high level dirt but nobody really ever gets punished when obvious corruption gets proven so I have no idea how they always manage to looks so good in the corruption statistics.
That's the thing. The statistics are not untouched either. It's a rather pervasive thing, this corruption.
I also agree with the sentiment, that they do not really get punished. When have I read the last time, that some politician with hundreds of thousands of € of unregistered side-income is put in jail, like any merely normal citizen would for such a hefty sum? Oh wait, never.
- Vatican Inc. - https://topdocumentaryfilms.com/vatican-inc/
- Holy Money - Vatican City Corruption
Gustl Mollath [0] would probably disagree with that notion, just like the death of Jürgen Möllemann [1] left more questions unanswered than a proper investigation of him would very likely have answered. Similar situation with Wolfgang Hüllen during the CDU donations scandal.
Similarly the NSU process saw a lot of witnesses die under rather weird circumstances [2].
[0] https://en.wikipedia.org/wiki/Gustl_Mollath
[1] https://en.wikipedia.org/wiki/J%C3%BCrgen_M%C3%B6llemann
[2]https://www1.wdr.de/fernsehen/aktuelle-stunde/startseite/nsu...
Seriously, it’s not Russia.
He wasn't imprisoned, they sent him to the asylum for 8 years because claiming German banks could do criminal things is just such crazy of a thing to do.
Which has quite some similarities to what happened to Hessian tax investigators [0] that were too successful for their own good: Using psychiatric assessments to discredit people who blow the whistle on corruption.
In that context it's quite cynical how nearly every high-profile suicide in Russia is framed as some kind of political hit-job ordered straight by the government, while in other countries people are looking for any reason to deny the existence of foul play.
The head of the regulator should have resigned weeks ago.
The main corruption measurement I know of is the CPI: Corruption Perception Index. It doesn't measure how much corruption there is in any given country, it only measures how much visible corruption there is. I'm sure there are other gauges but that's the one that gets reported and made comparisons on.
For a long time Finland tended to be either the top dog on that list, or at least hold firmly its hold in the top-3. As a Finn, I always found that rather depressing, for a simple reason. The top spot on the CPI list tells nothing about how well things are in a country. It merely tells how shitty they are even for the runner-up.
Where resources are low and there is not enough to go around for the most ambitious and driven, there "punishment" for wasting each others time and resources is more extreme.
If Facebook or Google or Twitter, one day in the future is sophisticated enough to label the most "corrupt"/"corruptible" individuals in a population based on all their data how would you "punish" all of them if it is 30% the population?
Corruption is crime, not vaguely acceptable opportunism. It has very direct negative social, political, and economic consequences. The fact that someone is robbing people using a company and/or a political organisation instead of guns and knives isn't an excuse - especially not when the sums involved can be so large.
It's all about definition of corruption isn't it?
In European politics and press we describe "outright deliberate corruption" with innocent deceiving descriptions such as "lobbying" and "failed government IT projects".
Is Northern Europe less corrupt than the South? Or is the Northern corruption just more institutionalized (aka: more competent at corruption)? I wouldn't know where to start to get an answer to that.
Is it corruption if the public never finds out?
This generalizes to damn near every government (or any big powerful organization to some extent as well) ever. The only difference is that more money enables some governments to abstract it away and reduce the visibility of it better than others.
That's why "complaining on a high level" is a rather German thing.
No surprise there is so little critical reporting, despite the 9 billion euros yearly budget.
Trust me, we know.
I speak for central/eastern Europe: where Deutsche Telekom has a big market share you can bet they formed a cartel and the prices for phones are higher than in western Europe.
(edit) Also: basically nothing of relevance happened in Europe after Volkswagen diesel scandal... I wonder why.
You really lost me there. The gap is civilizational. Russia and CCP are systemically corrupt, those countries must collapse for there to be a chance to uproot that disease. Pretending like it’s even meaningful comparing them to Germany on linear scale just creates suspicion in my mind that you’re part of somebody’s propaganda machine.
Replace the DAX with Nasdaq and America is basically the same. We just have different names for it like lobbying.
Compared to what? The ideal 100% angles? Because compared to reality and the rest of the world Germany sits very well in that regard.
Don't they lock people up in mental hospitals for that, though? That's classic USSR tactics.
Germany has an ultra-protectionist political culture for pet German companies. Wirecard was one such pet company but there are many others who have benefited from implicit state support in the form of lowered standards and private favouritism: Deutsche, VW, Siemens, etc. Wirecard even holds a banking license so should be subject to quite a lot of oversight from the regulator but the head of BaFin ("Germany's SEC" as the headline states) makes the risible excuse that he didn't apply proper oversight to them because they are arguably a "technology company".
Disappointingly there is very little doing. The pan-EU regulator, ESMA, basically is not equipped to properly investigate and censure BaFin - they're really just a standards body similar to the IETF or ANSI. No I can't imagine much will change.
Given that they've been deeply involved in regulating cryptocurrencies in the last years, that's a bullshit excuse if I've ever seen one.
When €2 Billion went missing at Wirecard:
i think some articles there are free to read.
for example: https://www.ft.com/content/284fb1ad-ddc0-45df-a075-0709b3686...
If I convince everyone I have a Rolls Royce Sweptail in my garage(even though I don't), but then someone opens the garage and says there is no Sweptail in there, I don't think anyone would describe the Sweptail as going missing - merely that its existence in my garage was a lie.
Secondly, Marcus Braun (Wirecard Chief Exec) managed to take an unauthorised director's loan from Wirecard Bank equivalent to 1/5 of the banks equity capital. He eventually relented and repaid the money but not BaFin does not seem to have gotten involved. Surely this should have at least rung alarm bells!! Apparently not, BaFin continued to sleep on the matter.
Finally, Wirecard bank has now collapsed in a disorderly fashion with depositors unable to access their deposits for a period, foreign regulators freezing funds to defend depositors, etc. Wirecard Bank is a very small bank. If BaFin is fluffing it up this badly on the easy cases, what is going to happen when a big bank goes bust? There were rumours in 2017 that Deutsche was going to go insolvent - how much confidence to you have that BaFin would manage that process well? Or would we find also that 50% of their balance sheet does not exist?
> Germany's pursuit of short sellers began when Perring’s previously little-known outfit, called Zatarra Research, published its report about Wirecard.
> In March, just three months before Wirecard’s collapse, prosecutors dropped their case against Perring after he agreed to make a donation of an undisclosed sum to a charitable organization.
Finance watchdogs are archaeologist organizations when it comes to fraud, they come in after the fraud has blown up and sift through the evidence to see what happened. Between that, they are busy going after people with too little money to defend themselves mostly.
https://www.yahoo.com/news/germany-long-lonely-campaign-batt...
https://dealbreaker.com/2020/05/herbalife-fined-for-china-br...
1. Get a large short position
2. Publish damaging information
3. Profit
It doesn't even matter if the information is true. If it is true, it is insider trading. If it isn't true, it is libel. Either warrants prosecution.
No, it's only insider trading if the information is based on insider (AKA private) information. Anything that can be derived from public information, even with a stretch, is also considered public.
In this case, the alleged accounting fraud mentioned in the FT article was insider information.
I don't know the German law on the matter, but I would wager that the prosecution was warranted, even when the court ends up determining that the charge doesn't hold.
These short sellers were trading on publicly available information. They just gave this information more publicity after getting their short positions, which is what you should do if you discover a market inefficiency that nobody else has discovered yet. That's your reward for making the market more efficient.
BaFin claims that this is insider trading was BS then and is BS now. They just don't understand how markets work, what their job is, and as a consequence did a poor job.
We're talking about positions that were opened right before the FT article was published. The FT article included allegations by an insider, it wasn't only public information.
Granted, there was also publicly available circumstantial evidence that things were fishy at Wirecard.
Either way, these short sellers weren't convicted, that doesn't mean they shouldn't have been investigated.
BaFin’s role includes ensuring that listed companies abide by securities law, for instance by communicating truthfully with their shareholders. But BaFin didn’t look into the lawsuit’s allegations against Wirecard because there was no evidence the company had provided misleading information, the spokeswoman said.
Instead, BaFin opened a probe into the accusers. Wirecard had filed a complaint with the agency and the Munich prosecutor after the suit caused its stock to slump. Two former officials of the small shareholders’ association were charged, convicted of market manipulation and handed suspended prison sentences.
Are these folks going to have their names cleared now?
https://en.wikipedia.org/wiki/Madoff_investment_scandal#Prev...
The good part of it is that since Madoff the SEC is paying money to the whistleblowers, proportional to the money that they ultimately recover in fines. There's now even a proper industry of lawyers that will help you package the whistleblower case for the SEC.
Any of you out there seeing fraud - please help clear the system and get yourself some good retirement money!
Because it's critical to force a negative example about the US into a negative story about Germany.
Psychologically this happens so frequently (read: in all cases) because it's a suffering relief valve, it actually makes people feel better and relieves their mental anguish, so they're quite compelled to do it. That relief is so effective it's very difficult for people to resist. It's why whataboutism is so extraordinarily popular in general.
Additionally, Madoff's fraud was of a private investment fund only open to higher networth SEC-accredited investors (who presumably need less protection), whereas Wirecard was publicly traded on a major exchange, where anyone could buy shares of it.
They were not paid to check that what was reported in the books was "correct".
That's not EYs job. If somebody thinks a company lies in their books, they report it to BaFIN, and it is BaFIN job to investigate. They did the opposite of that here though.
So it definitely makes sense to require multiple accountants to check the books of these companies _for mistakes_.
Also, running the simple algorithm is the last step of the job. When somebody gives you their books and transaction data, you need to convert that to a format you can first process, which is 99% of the work. Books, receipts, etc. come in dozens of different formats. Running the algorithm is 1% of the job.
E&G is required to check that, if there is a receipt from an external company that gave Wirecard 2 billion, and another receipt of Wirecard sending those 2 billion to a bank in the Philippines, that those are properly noted in the books and everything balances out properly.
They are required to assume that Wirecard is working in "Good faith", and this is not a German thing: everything else is just impracticable.
Even if you were to throw an infinite amount of money and time at the problem to verify that all transactions actually happened as reported, if all sides of the transaction are in on the scam (the company that gave wirecard 2 billion, wirecard, and the bank that stores them), then there is no way for E&Y to find out.
If they are aware of criminal activity, they must report it, and maybe E&Y did not wanted to be aware of that, but who knows, maybe Wirecard was just good at scamming, or E&Y was aware of that and reported it to the German SEC. We do know that a lot of people did report Wirecard to the German SEC over the last 10 years due to suspicions of criminal activity, and the German SEC, which is the only authority that can investigate Wirecard properly, did nothing about that.
Auditors are expected to confirm e.g. that inventory counts are correct and inventory valuation is reasonable, that accounts receivable represent actual claims on counterparties that actually exist, that bank accounts listed in the accounts exist and have the correct balance, etc.
https://www.ft.com/content/284fb1ad-ddc0-45df-a075-0709b3686...
So this seems like a complete non-story.
We have cases were public officials got bribes and weren't convicted or even didn't lose their position. Our former, former chancellor Kohl still refuses to testify against people that were involved in illegal party donations for his own party. He promised to keep it secret. The public is just told that these dirty money trails are "political reality".
But these are just the higher profile cases. It is prevalent in the industry too. That can have advantages as business do cooperate very closely with each other, but corruption is the inevitable result. A start up culture like in the US would just barely be possible, because established players will get their hands on the money that is available for investments.
Additionally, EU initiatives against corruption that mostly tried to introduce transparency about financial transactions are always rejected by Germany, with dire consequences for other countries.
Officially there is no legal term for corruption at all. Using your position of power to further personal gains is completely legal if no other laws are violated. There was "Amtsmissbrauch" at some point, but that was scrapped by the Nazis. Contemporary politicians probably think that not everything they did has been bad...
Aside from that there is also a lot of child abuse and getting dissidents declared to be insane by state authorities, but that is another story.
The CPI is a corruption -perception- index and Germany can be quite discrete about corruption and there is a tendency of people to believe the state. Neither Hitler nor the GDR-regime could change that apparently.
Well, he's dead.
Most people in Germany will never come into contact with corruption in their everyday life. In a lot of places around the world you will.
What this just shows is that we shouldn’t relax in our measures against corruption just because of some rankings.
You are not going to get disappered, but you are in danger of getting a fraudulent "psychiatric diagnosis" if you are a tax investigator uncovering dirt about some politicians or their cronies.[0][1] In this case the investigator got free, but I am sure there are some cases out there of people who didn't got as much publicity. Consequences for the people that instigated this? None! Nothig to see here, move on... And the so called "Psychiatrist" is still free, and had to pay a meagre 200000 in damages.
> lots of people inside and outside of Germany have no idea of how insanely corrupt the German government and their corporate buddies are
That is so true, I always cringe when people use Germany as an example of a society that doesn't have a lot of corruption -- we have, it's just buried under lots and lots of red tape...
[0]: https://www.spiegel.de/wirtschaft/soziales/psychiater-muss-s...
[1]: https://de.wikipedia.org/wiki/Steuerfahnder-Aff%C3%A4re
There were no consequences for the "instigators" because, to my understanding, it couldn't be proven that there was criminal intent.
The events got plenty of media attention and high-ranking officials and judges denounced the actions of the agency.
No country is safe from corruption, but this story certainly doesn't support the notion of the country being corrupt, much less "insanely corrupt".
https://www.reuters.com/article/us-wirecard-accounts-germany...
edit: I guess "we'll ruin you and throw you in jail" is better than "we'll throw you out a window" but it's still pretty bad.
edit2: And if Wildcard hadn't imploded there'd have been no scandal about prosecutors going after critics. No issues with silencing complaints or limiting freedom of speech. Just another part of doing business against companies the government support.
Corruption, or (gross) incompetence? Don't attribute to malice what can be sufficiently explained by stupidity.
Misplaced trust, broken culture, political pressure, or even actual corruption - we simply don't know what happened.
This line isn't nearly as clever as everyone who quotes it thinks it is.
The case for Mr. Mollath was much worse.
Based on my reading this was not some grand conspiracy by a bank to silence a critic. It sounds like this man certainly did have some psychological issues and assaulted his wife multiple times. Due to his history and his behaviour during the following court case he was locked up in psychiatric care.
He did make allegations about a tax evasion scheme during the court case about the assault (and these were wrongly seen by the court as a sign of his psychological problems). But it's not like he was a whistleblower who was silenced through some made-up allegations.
The Wiki page also says that the "reported money transfers were not illegal per se", so this isn't even a clear cut case of tax evasion.
Clearly a lot of things went wrong in this case and he was partially acquitted and compensated later on. But I don't think this is any evidence for systemic corruption in the entire country.
> The first medical specialist statement on Mollath's mental health was created solely from information provided by his wife; the doctor in question, Gabriele Krach, consultant psychiatrist at the Klinikum am Europakanal, had not seen Mollath even once.
> In contrast, Hans Simmerl, the consultant commissioned by the local court of Straubing to assess Mollath's mental health during a trial pertaining to his guardianship/health care, conversed with him for several hours in 2007 and did not find any evidence of mental disorders;
> On 19 February 2013, Strate applied for a trial de novo based on evidence that the presiding judge had committed numerous instances of perversion of justice against Mollath in the case. According to Strate, the judge was responsible for Mollath's detention for almost three weeks without disclosure of the charges or presentation to a judge, failure to respond to Mollath's complaints or forward them to the higher court that should have decided them, manipulation of the court's composition, obvious misrepresentations in the reasons for the judgment, and unconscionable refusal to discharge Mollath's assigned counsel in spite of many petitions to do so, followed by use of said counsel as a witness against his own client.
> On 18 March 2013, in a very unusual move, the prosecution also applied for a trial de novo, based on exculpating evidence that had surfaced only after the original trial.
> Judge Otto Brixner had to admit before the committee that he hadn't read Mollath's written defense which he claimed to be irrelevant in his judgment. In June 2013 Mollath testified before the committee, repeating his claim that he wasn't allowed to give evidence during his trial.
> On 6 August 2013 the Oberlandesgericht Nuremberg (higher regional court) ordered the reopening of Mollath's case. He was released from mental hospital immediately. The court found that the medical certificate documenting the alleged abuse of his wife was a "fictitious document", because it appeared to be written and signed by Dr. Madeleine Reichel, who never had examined Mollath's wife. Instead the author of the report was her son, then a doctor in training.
> Mollath's 2018 action for damages by the unlawful custody has been concluded in November 2019 by an ex gratia payment of €600,000 by the defendant Free State of Bavaria.
> Ultimately, the court considered the aggravated assault proven, but fully acquitted him on the other charges citing insufficient proof. Criminal insanity was also considered unproven; Mollath was held in a psychiatric ward unlawfully and was entitled to a compensation. The acquittal from the first trial could not be overturned though, and Mollath was acquitted on all charges.
Maybe you can't bribe a policeman at a traffic stop in Germany. But in the levels above that, there are plenty of current egregious examples of corruption that has happened and was systematically covered up or ignored.
Four Hessian tax investigators noted many problems. Their employer (the state of Hessen) got them psychiatricly examined. The examiner found them "paranoid troublemaking" and that they lost their sense for reality. Therefore, they got diagnosed as permanently unable to work and pensioned.
According to the wikipedia article the psychiatrist has to pay the four people 226.000€ as compensation for reduced income.
But according to the wikipedia article, they later got more opinions when they got the conclusion overturned in court. (Including a famous psychiatrist whos assessment also helped overturn the Mollath case)
Yikes, the fact that such a life-changing diagnosis is not subject to a second set of eyes is disturbing.
(The later news is reassuring though.)
It is such an extreme risk to go against these regimes, both to their and their relatives' safety and livelihoods that it makes their actions seem insane. Extreme risk-taking without regard for consequence, suicidal tendencies, paranoia towards the government, unbounded anxiety. At the same time, where they live – all of these are reasonable reactions of a thinking human being, consistent with their environment.
I want to stress, that this is more of an ironic observation. I admire the bravery of such people and I despise the current Russian regime, it was the biggest reason for my emigration.
I put “can’t” in quotes because of course there are a bunch of ways the rules get bent and twisted, but I suspect the number of arrests unreported by 24 hours is pretty close to nil.
OTOH the system has adapted to this constraint: since they have to be reported anyway the police have inverted the sense and adopted the “perp walk”, which prejudices the accused’s chances in court right up front. And of course extrajudicial punishment skips the whole apparatus in the first place...but that can happen anywhere.
Here is a HN discussion about it: https://news.ycombinator.com/item?id=23866926 | https://www.opb.org/news/article/federal-law-enforcement-unm...
> Pettibone said he was put into a cell. Soon after, two officers came in to read him his Miranda rights. They didn’t tell him why he was being arrested. He said they asked him if he wanted to waive his rights and answer some questions, but Pettibone declined and said he wanted a lawyer. The interview was terminated, and about 90 minutes later he was released. He said he did not receive any paperwork, citation or record of his arrest. [...] In a statement, the U.S. Marshals Service declined to comment on the practice of using unmarked vehicles, but said their officers had not arrested Pettibone. “All United States Marshals Service arrestees have public records of arrest documenting their charges. Our agency did not arrest or detain Mark James Pettibone.”
There are also a few videos confirming at least some of those details; namely camouflaged men, faces covered, pulling protesters into unmarked vehicles. In one of the videos, the men with guns tell other protesters that they'll be shot if they try to follow the unmarked vehicle. The local PD claimed they didn't arrest anybody.
https://vidmax.com/video/196124-sdpd-toss-protester-in-unmar...
> One cop was heard saying "If you follow us, you will be shot." San Diego police reported the protest was the biggest and most peaceful protest in San Diego so far, and nobody was arrested.
Not picking on the US here: the inverse is true as well: the adversarial trial system and juries, separation of prosecution and the judiciary, etc imho provide stronger protection for the accused.
Societies are complex and the design is far from understood.
I wonder how 72 hours can be constitutional when arraignment is typically supposed to be 24. Perhaps it’s like fingerprints, where assumptions rather than science dominate.
The idea of a brief psych hold is reasonable on some platonic level (I’ve had friends have psychotic breaks who were far better off not being in a conventional prison) but the reality, and the opportunity for abuse are far from that ideal.
https://en.wikipedia.org/wiki/Involuntary_commitment_interna...
And once inside a mental clinic, it can be hard to get out.
With the recent Amthor scandal, where many established politicans really did not see a scandal at all(probably because it is normal), I am sceptical to this claim.
[1] https://www.bloomberg.com/news/articles/1995-08-06/germany-w...
[2] https://www.csmonitor.com/Business/2014/0214/Top-12-weirdest...
In such places, retail-level corruption can be seen as competition with the market dominator, and crushed.
In the US, offering and accepting political bribery have both been officially decriminalized. The profit ratio of bribe to private benefit is typically well over 1000x.
Although it has been reported as a "SoftBank investment", it's pretty clear that no SoftBank money was part of the deal.
Matt Levine has an article about that on Bloomberg: https://www.bloomberg.com/opinion/articles/2020-07-02/free-w...
https://news.ycombinator.com/item?id=23668365
https://news.ycombinator.com/item?id=23662704
https://news.ycombinator.com/item?id=23638624
https://news.ycombinator.com/item?id=23611347
https://news.ycombinator.com/item?id=23598824
https://news.ycombinator.com/item?id=23573386
https://news.ycombinator.com/item?id=23438323
This, from April 2019, reads interestingly now: https://news.ycombinator.com/item?id=19737344
https://www.reuters.com/article/uk-volkswagen-emissions-germ...
In practice, the 'same entity' are very different people in government with different mandates.
Heck, even the german car newspapers apparently would not really attack german cars on a serious level. At lest I head of a case, where a reporter from Auto Bild was on a test drive for a shiny new car model - and some shiny new feature did not work. What they did, was not report it, but secretly worked out, how to conceal that in the reporting. (no sources avaiable, heard it from people in the industry)
The big corps can accumulate more slack that would otherwise need money from the state.
This keeps unemployment rates down, at the cost of giving out tax cuts.
It's always important to keep the powerful people happy.
If my understanding of that is correct, it doesn't surprise me that German authorities weren't very proactive about a German company defrauding the American government. It obviously disappoints me, but it doesn't surprise me.
Moreover, certain parties would benefit from the SEC being starved of resources due to people not trusting governments in general anymore. Its a strategy that has paid out in the US in many instances.
Talk about a US centric headline lol
https://www.theguardian.com/commentisfree/2019/nov/26/german...
The slightly one-sided (who would've guessed from UK publication) Guardian article simply ignores the internal issues that the southern European countries have carried around for decades and doesn't even mention the success of the Baltic states (I wonder why).
The NYT article, aside from being 9 years old and written in the context of the aftermath of the 2008 financial crisis, didn't age well either - especially regarding its prime subject Ireland...
The articles maybe old but the facts still haven't changed; the Euro was a bad thing (yeah, yeah, citation needed).
I disagree with your insinuation that a UK publication must be against the Euro (such a cheap conclusion!), the Guardian does lean towards the left, but it is also a pro EU.
Yet neither is addressed by the articles you linked. If illustrating corruption or incompetence was your intend, then you simply missed the mark with those articles.
There's suitable, prominent and recent examples for both, but "Euro bad" definitely isn't one of them.
Sorry I can't provide you with proper up-to-date citations, but you declaring "that's not the case" does not make it the case. Well, me declaring "that is the case" does not make it the case either.