For what is probably the most prominent inmate of the Cazis Tignez correctional facility in the canton of Graubünden, there is currently bad news from the Swiss criminal justice system.

Hanno Berger, one of the main pullers in the “cum-ex” tax scandal, will soon be on trial in Germany.

The Swiss Federal Criminal Court in Bellinzona has rejected his complaint against extradition to his home country.

The tax attorney and former Hessian tax officer has been in custody for extradition in Switzerland since the beginning of July 2021.

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Johannes Ritter

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Since then, the 71-year-old Berger has been fighting against extradition with all legal means.

Because the former star lawyer awaits two criminal proceedings.

The Cologne public prosecutor's office has indicted Berger for advising the Hamburg-based private bank MM Warburg.

The damage from cum-ex transactions is said to be around 280 million euros, the Bonn Regional Court admitted the indictment in January 2021.

In exile in Switzerland since 2012

Hessian public prosecutors investigated much longer. As early as 2012, they searched Berger's private home and office in Frankfurt's posh banking district. The lawyer fled Germany and has lived in exile in Switzerland ever since. In 2017, the Frankfurt Public Prosecutor filed charges against him and other defendants. In this case, the tax damage should amount to 113 million euros. In the meantime, the Frankfurt Higher Regional Court has classified his acts as "commercial gang fraud", so that if convicted he can face up to five years' imprisonment. Despite all the assurances, also in conversation with the FAZ, that he wanted to face the procedure, Berger stayed in Switzerland. Because of two arrest warrants, he must expect his immediate arrest in Germany.

North Rhine-Westphalia's Justice Minister Peter Biesenbach (CDU) wrote to the FAZ that his ministry had applied for extradition by the Swiss authorities in February 2021.

“Courts have to examine the allegations.

It is not yet possible to foresee when proceedings will begin.

First of all, we have to wait and see whether Mr. Berger will exercise the right to lodge a complaint with him in Switzerland, ”said Biesenbach.

Reluctance of the prosecutors

The Hessian Ministry of Justice, in turn, referred to the Frankfurt Public Prosecutor's Office.

Its spokesman has shown restraint and emphasizes that the Swiss authorities have not yet approved the extradition.

After the decision published on Wednesday, Berger can now lodge a complaint with the Federal Court in Lausanne within ten days.

His lawyer did not respond to a request from the FAZ.

The prisoner also has to show his true colors in another conflict.

The German embassy in Bern had his passport withdrawn.

Without this, Switzerland could refuse to allow him to stay at his place of residence in the Upper Engadine.

The tax attorney defended himself unsuccessfully against this measure by the diplomats before the Berlin Administrative Court.

The deadline for an appeal to the Higher Administrative Court expires on Christmas Eve - on Wednesday afternoon, no brief from his lawyers had yet been received.