2. Conviction after an agreement
In the course of the proceedings, the public prosecutor’s office intended to discontinue the proceedings against the former general representative against an imposition of 90,000.00 euros. In the opinion of the Public Prosecutor’s Office, this would have been appropriate due to the scope of the contribution, the duration of the criminal proceedings and the professional and personal situation of the accused. However, the court did not agree to such a discontinuation of proceedings.
Within the framework of an agreement terminating the proceedings, the court held out the prospect of a probationary sentence of between one year six months and one year ten months. In return, the court expected the defendant to make a full confession. The defendant finally made a confession to the effect that he knew of the lack of liquidity and the hopeless situation of the investment house, but had closed his eyes to it. In addition, he had had his further activities secured by the legal advisors.
The regional court Hamburg did not believe the accused completely. Rather, the court assumes that the former general representative was fully aware of the unlawful acts of the Wölbern boss and was also aware that he himself did not act legally. It was considered mitigating the punishment that the accused did not enrich himself with the misappropriated investor money.