Berger also fails at the Federal Constitutional Court. In December 2022, the Bonn regional court sentenced Berger to eight years in prison for three cases of particularly serious tax evasion.
Berger is considered the driving force behind the cum-ex stock transactions in Germany, which are said to have cost the tax authorities at least ten billion euros. In the tax deals, shares with (“cum”) and without (‘ex’) dividend claims were moved back and forth between investors.