In July 2017, police and prosecutors got a new instrument in the fight against organized crime: the law on the reform of criminal asset recovery. Sounds bulky, but gives many investigators the hope that the state against Arab clans, rocker bands or the Italian mafia can proceed stronger.
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Issue 8/2019
The power of the clans
Arab family ties have mocked the state for a long time - now it beats backDigital Edition | Printed Edition | Apps | SUBSCRIPTION
So far illegally acquired wealth in Germany was difficult to confiscate. Even if criminals were caught, the spoils often stayed with them or their accomplices. An eldorado for money launderers.
But even with the new law, the fight remains difficult. How difficult, as shown by a first large practical test in Berlin, where the euphoria of some prosecutors has already burst again. The case even has the potential to permanently poison the mood between the various departments of the investigative authorities.
In July 2018, financial investigators of the Berlin State Office for Criminal Investigation moved out to confiscate 77 properties. The buildings are attributed to the extended family Rammo, in other spelling Remmo. Many members of the clan have already come into conflict with the law, they are associated with burglaries, robbery, drug trafficking. According to the LKA, the clan is suspected of having stolen criminal profits totaling 28 million euros. Money that the family should have invested in those properties that were confiscated in the summer of 2018.
Although investigators see the action as a success, the confiscation is noted in the land registers, the real estate can not now be easily sold and made into money. However, according to research by SPIEGEL TV, rental income continues to flow to the owners.
A Berlin investigator against organized crime describes the mood with a comparison of motorsport. According to the new law, the investigators believed that they had "a race car available" that could really help them to accelerate. Investigation Technically. "But now it can only continue at tempo 30".
A few days ago, the investigators reached a very special memo: One of the property management asked if they could then transfer 200,000 euros in rental income in Lebanon, without being complicit.
Since the request rages within the Berlin prosecutor's office a dispute in which it comes to a crucial question: may investigators put the confiscated real estate under receivership? The prosecutors responsible for organized crime are in favor of it, after all the real estate was confiscated under their aegis. Since you do not want that the income continues to flow to the extended family.
On the other side is the department "Asset Extraction", which started work in December 2018, specially announced by Justice Senator Dirk Behrend. The legal view of the asset collectors is complicated in detail and, as a consequence, advantageous for the clans: the lawyers appointed by them only have to dispute the issue of the real estate, not the distribution of rental income. If this view prevails, 200,000 euros in rental income should soon flow into Lebanon.
Especially at the financial investigators of the state criminal investigation there is disappointment. And in the prosecution is blasphemed "cowardice before the enemy". But nobody wants to be quoted by name.
The competent justice Senator Behrendt (Greens) states that "we as an executive do not want to evaluate any intermediate status of investigation or criminal proceedings in the press". Interior Senator Andreas Geisel (SPD) asks for understanding, "that we can not comment on this issue in view of the ongoing investigations of the prosecutor." Some investigators think that is a dawdling. "You know that from Berlin," one etched.
It is still unclear anyway whether the confiscation of real estate becomes final and thus the buildings permanently become the property of the state. Martin Steltner, spokesman for the Berlin Public Prosecutor's Office, said: "In the case of a final confiscation order and a possible change of ownership, the acquiring land of Berlin is entitled to the rent, in the preliminary investigation the seizure serves merely to secure the subsequent confiscation."
Means: If the property goes to the state, he gets the rental income. If they have not already seeped in Lebanon.
Read on the topic too
- SPIEGEL Cover story: This is how the clans rule in Germany
- Interview with NRW Minister of the Interior Reul: "We've lost it"