Hanno Berger, Central Figure in Cum-Ex Scandal, Maintains His Innocence

Hanno Berger, a pivotal player in the notorious Cum-Ex tax scandal, continues to assert his innocence despite having been sentenced to lengthy prison terms for his role in the controversial financial activities. Currently incarcerated at a facility in Schwalmstadt, Berger claims he has never acted unlawfully. In a recent correspondence, he expressed his unwavering belief in the legality of the Cum-Ex transactions that have cost the German state an estimated ten billion euros.

Berger, aged 74, has been vocal about his disdain for the judicial process that led to his conviction. He criticized the actions of the Cologne public prosecutor's office, particularly their 2014 raid on his private premises, which he described as a disgrace to the legal system. He accused the authorities of disregarding the actual statutes and claimed that Anne Brorhilker, the prosecutor at the time, exhibited bias in her judgment.

Berger's involvement in the Cum-Ex schemes, which involved the manipulation of stock transactions to obtain multiple refunds of capital gains tax, has marked him as a significant figure in one of the largest tax fraud cases in German history. The transactions reached their peak between 2006 and 2011, with financial institutions widely participating in these practices. Following public and governmental outcry, legal changes were implemented in 2012 to close the loopholes that allowed such activities.

The former tax lawyer, who has earned the moniker 'Mr. Cum-Ex,' promoted these schemes as legitimate tax optimization strategies to banks and wealthy investors, profiting immensely in the process. After initially fleeing to Switzerland to evade prosecution, he was eventually extradited back to Germany, where he faced multiple convictions for serious tax evasion, all of which have been upheld by the Federal Court.

Despite a falling out with his former law partner Kai-Uwe Steck, who testified against him and received a suspended sentence, Berger maintains that Steck's statements were false and misleading. He has indicated his intention to pursue legal action against Steck for his alleged perjury, insisting that he will continue to fight for his case, asserting that it is not over yet.

The Cum-Ex transactions involved the transfer of shares both with and without entitlement to dividends, which ultimately led to tax authorities refunding taxes on dividends that had not actually been paid. The German legal system has since classified these transactions as acts of tax fraud, following a landmark ruling by the Federal Court in 2021.