Ongoing Cum-Ex Scandal: Criminal Accusation Against Ex-Prosecutor Brorhilker
In a series of shocking developments, the Cum-Ex scandal continues to unravel, with the public demanding answers regarding the involvement of state institutions. At the heart of the controversy is Anne Brorhilker, a former chief prosecutor and one of the "50 most influential people in the world" according to Bloomberg.
The scandal revolves around the tax-damaging Cum-Ex deals, with WestLB, the successor of which is facing a €600 million loss, being one of the key players. In 2015, WestLB commissioned Ernst & Young (EY) to audit their Cum-Ex transactions, and EY concluded that there were no signs of short sales. However, Brorhilker's brother, an economist and financial expert working for Ernst & Young, played an indirect but controversial role in the affair.
The complaint against Brorhilker includes charges of misconduct in office, alleging that she worked with key witness Dr. Kai-Uwe Steck to enable a request for her case file by a parliamentary committee. Steck, who has been a central figure in the Cum-Ex investigations, alleges that Brorhilker and her then-lawyer Alfred Dierlamm colluded to strengthen their "position" (power).
Steck also claims that Brorhilker assured him immunity as long as he incriminated others - an informal agreement that circumvented internal instructions. He further alleges that Brorhilker implemented a "Brorhilker system" to promote her career at the expense of fair justice, and that she did not provide him with a fair trial.
The betrayal of official secrets is alleged to have involved passing internal information from the investigation procedure to the defense counsel of Dr. Kai-Uwe Steck. This accusation, along with charges of attempted obstruction of justice in office, has led to the filing of a criminal complaint against Brorhilker by the law firm Gauweiler & Sauter on September 15, 2025.
The Cum-Ex investigations, which have cost billions, are now under scrutiny for collusion, media manipulation, and conflicts of interest. Critics, such as Dr. Peter Gauweiler, a German lawyer and a former long-serving CSU politician, question why there was no indictment against WestLB while others were criminalized in the Cum-Ex scandal.
Prof. Dr. Thomas Fischer, leading the complainants, mainly relies on Steck's testimony in court. Fischer suggests that the investigations should not take place in Cologne or Bonn, but in an independent location like Aachen, to ensure a fair and impartial investigation.
As the Cum-Ex scandal continues to unfold, the public and the legal community await the outcome of the investigation into Brorhilker's role in the affair. The controversy raises questions about the integrity of the investigations and the potential for conflicts of interest within state institutions.
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