Regensburg corruption affair: Federal Court of Justice confirms conviction for bribery

In the Corruption affair in Regensburg, the Federal Court of Justice rejected the appeal of a property developer.

His conviction for bribery is therefore legal.

The verdict could have consequences for the Wolbergs.

Regensburg - The Federal Court of Justice has confirmed a first decision in the Regensburg corruption affair.

The conviction of the property developer Ferdinand S. for bribing the former mayor Joachim Wolberg is legal.

"The judgment withstands factual and legal examination," said the BGH in the decision of June 1st, which has now been published.

"The findings based on a careful assessment of the evidence bear the guilty verdict."

Regensburg corruption affair: Criminal influence donation confirmed by the BGH

Ferdinand S. was sentenced a little more than a year ago by the Regensburg Regional Court for bribery in a less serious case to a fine of 70 daily rates of 900 euros each.

Specifically, the case was “only” about a donation of 5,000 euros, which the developer is said to have caused to influence Wolbergs in his favor with a building project.

In several e-mails, a direct connection between the donation and the planned project had been established, according to the regional court in its decision at the time.

Therefore it was a "donation of influence" - punishable as bribery.

The BGH sees this in exactly the same way and has rejected the developer’s appeal.

Wolbergs was acquitted in this complex at the time because the court was convinced that he did not know about the donation.

Corruption affair in Regensburg: Numerous convictions and heavy fines

In the Regensburg corruption affair, which began in the summer of 2016 with an investigation into the then Mayor of Regensburg, Joachim Wolbergs, because of conspicuous campaign donations from the years 2013 and 14, long-term entanglements between local politics and the real estate industry came to light.

During the May 2013/14 election campaign alone, donations from the property development industry were in the high six-figure range.

So far, as far as is known, there have been four final convictions via a penalty order and trial and six not yet finalized convictions via trial.

The imprisonment sentences pronounced (on probation) add up to two years and ten months, fines of at least 1.5 million euros were imposed.

There are also 13 settings against monetary requirements, which in individual cases can reach up to 80,000 euros.

Regensburg corruption affair: BGH decisions in the Wolbergs case are still pending

Wolbergs himself was convicted in two trials for several cases of benefit-taking and bribery.

Wolberg's court acquitted of many other allegations in the first trial.

Both judgments are still pending on appeal before the Federal Court of Justice.

Among other things, the question of whether Wolbergs was able to accept criminally relevant advantages during the mayor's election campaign as the third mayor at the time plays a role. The fifth criminal chamber at the regional court of Regensburg denied this in the first trial against Wolbergs and acquitted them of numerous allegations. If you follow the current decision of the BGH, then the appeal decision could turn out significantly different. The guiding principle says: "The offering or granting of advantages for future official acts to an official who is applying for another office with the same employer can fall under the scope of the bribery offense if the beneficiary is already generally based on his position at the time of the act a wide range of tasks is assigned.“That was the case with Wolbergs, according to the BGH.

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