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For private bank Warburg, the cum-ex issue was in the millions. His boss apparently sought the conversation and help from then-Mayor Scholz, an investigation shows. Ed and time “.
By Manuel Daubenberger, Christian Salewski and Oliver Schröm, NDR
In the Cum-Ex case, the private bank Warburg apparently made an effort to influence the Hamburg government to avoid a tax refund of around € 90 million. This emerges from the diaries of Warburg Bank co-owner Christian Olearius that the Ed and the weekly “Die Zeit”. Consequently, Olearius met at least three times with the then first mayor of Hamburg, Olaf Scholz. Two of the meetings took place in 2016 and a third in 2017.
In front of Ed and “Zeit” confirmed Scholz’s meeting with Olearius. Until now, neither he nor the Hamburg Senate Chancellery had informed the public about the 2016 meeting, but only granted the 2017 date.
Scholz strictly denies having intervened on Warburg’s behalf. Olearius and other bank employees have been investigated since 2016 on suspicion of serious tax evasion in connection with the so-called cum-ex transactions.
Seeking political assistance
At the meeting, Olearius Scholz is said to have reported both on the cum-ex investigations of the Cologne prosecutor’s office against him and the Warburg Bank, as well as on the impending tax claims in the multi-digit million range by the financial management. from Hamburg, apparently to organize political assistance.
In the Bundestag Finance Committee, Scholz has already been questioned twice about his role in the tax process against the Warburg Bank. According to the unanimous statements of several participants in the meetings, Scholz had not mentioned the meeting with Olearius in 2016. After the investigation by the ARD-Journals Panorama and “Zeit” spoke of having spoken to representatives of the Warburg Bank and other banks from time to time. This is normal.
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This is how the “cum-ex” business worked
Scholz: “I have no specific memories”
When asked, Scholz said he “has no concrete recollection of the content of the conversations.” However, “he was not involved in the tax process” of the Warburg Bank “and” did not intervene in the matter. “The processing of tax matters was” an exclusive matter of the tax administration. “There is no reference in the Olearius newspapers that Scholz could have actually influenced the tax procedure.
Journal entries, also for other SPD politicians
The diary entries also show that Olearius made contact in March 2016 with Johannes Kahrs, at the time the SPD’s budget spokesman in the Bundestag, and with Alfons Pawelczyk, an influential man in the SPD in Hamburg since the 1980s. Apparently the two were supposed to help prevent the Hamburg tax office from claiming 47 million euros. “They are both ready to help,” he says in the newspapers.
It also claims that Kahrs spoke with the direction of banking supervision (Bafin) and the Federal Ministry of Finance and that Olearius supported the Kahrs district association in 2017 with a donation of 13,000 euros.
Pawelczyk, it is said elsewhere, “I am armed with documents. He will seek a conversation with H. Scholz.” And then: “On Thursday, August 4, H. Pawelczyk reports on the conversation with H. Scholz. He is investigating the matter.”
Scholz – an attentive listener
It is also said that Pawelczyk arranged a meeting between Scholz and Olearius on September 7, 2016. According to the newspaper, Scholz spent an hour and a half in his office for Olearius, who described the difficult situation at the bank. Olearius noted about Scholz’s reaction: Scholz “listens carefully to our descriptions and asks intelligent questions.” And furthermore: “They do not promise us anything, do not expect or demand that. I can contact you at any time, he also expects the same in this matter.”
On October 26, 2016, there was another meeting between Olearius and Scholz. On this occasion, Olearius, as his diary says, handed over a seven-page paper. In the document, Warburg Bank explains why it is entitled to the cum-ex funds and that its repayment “would jeopardize the bank’s existence.” The document is available for NDR and “Zeit”. Olearius noted at the meeting, Scholz “asks, listens, does not express an opinion. He does not let anyone see what he thinks and if he intends to act and how. I understand it, and I do not want to pressure or compromise him in any way.”
On November 9, 2016, Olearius noted that Scholz had called him about the matter and said, “Send the letter to the Senator for Finance without further comment.” It also says: “I’m not asking for anything, thank you and Tschentscher deliver the letter. I hope the transaction can be interpreted positively.
Peter Tschentscher, the Finance Senator at the time, had no influence on the tax procedure. “Letters from taxpayers addressed to him personally were forwarded to the tax administration in this regard,” the tax authorities said.
The city gave up millions of dollars
A week later, on November 17, 2016, representatives of the Hamburg tax authorities and officials of the tax office discussed the Warburg Cum-Ex case. They decided that the city would refrain from claiming the bank for the 47 million euros from the 2009 Warburg cum-ex settlements. There is no evidence that Scholz or Tschentscher had any influence on this decision.
Upon request, Scholz confirmed the meeting with Olearius and the phone call. But he has no concrete memory of it. If the interlocutors speak about tax matters, he is extremely cautious and allows the respective point of view to be explained. If the facts described apply, he referred Olearius to the responsible authority. Kahrs and Pawelczyk did not respond to questions.
Lawyer: Of course, exchanges with the mayor are allowed.
Olearius’ media lawyer announced that his client had no influence in politics and / or administration. It is “of course permissible and customary for relevant Hamburg companies from time to time to exchange ideas with the first mayor and / or members of the Senate on a wide variety of issues.”
The proceedings are relevant because the Hamburg tax authorities set a statute of limitations for tax claims in the amount of 47 million euros from Warburg Bank’s 2009 cum-ex settlements.
In 2017, following an instruction from the Federal Ministry of Finance, a few weeks before a renewed statute of limitations, it requested 43 million euros of the bank’s cum-ex transactions in 2010. The Hamburg tax authorities said on request that there was no attempts to “influence politically the decisions of the tax administration.” The authority acted on the basis of law and order.
You can see more about this and other topics today in ARD Panorama magazine at 9.45pm