Policing in Germany Law enforcementPolicing in Germany is

Policing in Germany • Law enforcement/Policing in Germany is constitutionally vested only with the 16 states. • The German states are responsible for managing the bulk of Germany´s police forces. Each state has its own police force – Landespolizei. These forces are organized by cities, towns or rural communities. • Every state has its own law which lays down the organization and duties of its police. The Minister of Interior of the respective state supervises his/her police forces. • Police in Germany is divided in Protective Police and Criminal Police. • Each state has additionally a State Crime Authority – Landeskriminalamt. 2 International Conference in Riga- October 2017

The Police Force in Northrhine Westfalia The State Crime Authority - Landeskriminalamt NRW • The Northrhine Westphalia Police Force is the biggest of the 16 German state police forces; • responsible for 18 million residents; • same counts for the LKA as central agency for investigating and prosecuting of serious crimes: Almost 1. 200 members of staff (investigators, civil servants, specialists the field of forensic science); • specialized Department for Combating Corruption with 25 investigators; 3 International Conference in Riga- October 2017

The State Crime Authority of Northrhine Westfalia – Landeskriminalamt NRW - tasks The State Crime Authority NRW has mainly the following tasks: • Support of the Ministry of Interior in the fight against crimes; • support of the police forces in the field of crime prevention as well as regarding the prosecution of crimes; • carrying out of forensic researches; • prosecutes crimes upon request of a court or a public prosecutor´s office or in accordance with the Ministry of Interior. 4 International Conference in Riga- October 2017

LKA NRW: The Special Unit for Combating Corruption • Carrying out of complex investigation proceedings, often in a federal or in an international context; • close co-operation with specialized chambers of courts/public prosecutor offices for economic related crimes - white-collar crimes; • close co-operation with other investigative authorities – e. g. the central auditing authorities, German Federal Armed Forces (Bundeswehr), compliance-units of other authorities; • own tax fraud investigation department within the Special Unit for Combating of Corruption within the LKA NRW. 5 International Conference in Riga- October 2017

Legal situation in the field of Combating Corruption The German Criminal Code (St. GB) – public sector • § 331 St. GB - Taking Bribes • § 332 St. GB - Taking bribes meant as an incentive to violating one’s official duties • § 333 St. GB – Giving bribes • § 334 St. GB - Giving bribes as an incentive to the recipient’s violating his official duties • § 335 St. GB - Aggravated cases (the penalty shall be imprisonment from one to ten years) 6 International Conference in Riga- October 2017

Legal situation in the field of Combating Corruption The German Criminal Code (St. GB) – private sector • § 298 St. GB - Restricting competition through agreements in the context of public bids • § 299 St. GB - Taking and giving bribes in commercial practice • § 299 a St. GB – Taking bribes in the field of Healthcare • § 299 b St. GB - Giving bribes in the field of Healthcare • § 300 St. GB - Aggravated cases of taking and giving bribes in commercial practice (the penalty shall be imprisonment from three month to five years) 7 International Conference in Riga- October 2017

Criminal investigative strategies in cases of corruption: Formation of a task force and development of a concept/strategy for investigating the case by the head of the task force: • Demand on personal, milestones and time aspects; • assessment, if request of legal assistance (other countries) is necessary? If yes, need to be initiated soon, due to indeterminate duration…; • assessment, if pre-requisites for initiation of a criminal tax proceeding fulfilled. 8 International Conference in Riga- October 2017

The criminal investigative proceeding in cases of corruption: Close co-operation between public prosecutors and investigators during the entire investigative proceeding: • Investigator suggests necessary investigative measures (search/dawn raid, confiscation, wiretapping) to the public prosecutor; • public prosecutor decides on measures to be carried out and requests respective court orders at the competent court (investigative judge); • involvement of financial investigators, business economists, tax investigators and customs investigators right from the beginning of the investigation. 9 International Conference in Riga- October 2017

Criminal investigation strategy: Sting operations • • 10 Investigations are firstly focused on establishing the granted benefits / bribe – by: wiretapping / observations / financial investigations / undercover investigators pp. International Conference in Riga- October 2017

Criminal investigation strategy: Sting operations Comprehensive/verifiable check of a person´s entire background: – Police intelligence evidence – Federal Central Criminal Register – Bank accounts - German Financial Supervisory Authority (BAFin) – Commercial Register – Cadastral Register – Money Laundering file – Tax file – Property clarifications on site 11 International Conference in Riga- October 2017

Criminal Investigation Strategy: Open phase • Execution of court orders, e. g. search warrants or arrest warrants, by own resources (national and internationally, hereby stick to our maxim of “quality not quantity” - flexible use of specialists); • criminal checks and survey (fingerprinting and photographing of criminals at the registration office); • Seizure/saveguarding of evidence including data protection; • hearing of witnesses (police questioning or questioning by public prosecutor); 12 International Conference in Riga- October 2017

Criminal Investigation Strategy: Open phase • preparing of review hearings; • preparation of defense in appeal proceedings against certain investigative measures, e. g. seizure of evidence („strictly confidential…“); • safeguarding and recovery of assets (special unit of economic crime asset recovery at the LKA). 13 International Conference in Riga- October 2017

Criminal Investigation Strategy: Open phase • assessment and evaluation of evidence including all seized electronic data (forensic software used: „X-Ways Forensics“); • preparation and conducting of questioning of the accused persons; drafting of statements to issues/questions raced by denfenders; • writing of final report, which brings police investigations to an end and handing-over of case and files to the public prosecutor´s office; • providing competent support and monitoring until the end of proceeding in front of court. 14 International Conference in Riga- October 2017

Important Corruption Cases of the past years: Investigations against the former Vice Chancellor of the Republic of Germany, Jürgen W. Möllemann, in the field of financing political parties and tax fraud. There was a reasonable suspicion that he had taken bribes in context with a deal of weapons to Saudi Arabia in the beginning of the 90 s. 15 International Conference in Riga- October 2017

Important corruption cases of the last years: German company sells 4 corvettes to South Africa for 680 mil €; 25 mil € provision paid out for „consultant/agent“; violation of international laws on corruption, (fraud and embezzlement and abuse of trust) 16 International Conference in Riga- October 2017

Important Corruption Cases in the last years Investigations in the field of selling and buying properties in co-operation with a public organization in NRW. The CEO was punished to go to prison for 6, 5 years. 17 International Conference in Riga- October 2017

Anfüttern – Korruption startet oft im Kleinen 18 International Conference in Riga- October 2017

What for? ? 19 International Conference in Riga- October 2017

What for? ? „I never built in my life a new house. . . “ 20 International Conference in Riga- October 2017

What for? ? „I never bought a new car…. “ 21 International Conference in Riga- October 2017

What for? ? „He only had a small huntinglodge. . . “ 22 International Conference in Riga- October 2017

What for? ? 23 International Conference in Riga- October 2017

What for? ? Benefit for employees of Ford: 24 International Conference in Riga- October 2017

For What? ? Benefit for employees of Ford 276. 685, Euro 25 International Conference in Riga- October 2017

Thank you for your attention! Contact: Jens Bomberg, KHK, LKA NRW, Department 15, Corruption Crime/ Enviromental Crimes Tel. +49 -211939 -1512 - Jens. Bomberg@polizei. nrw. de 26 International Conference in Riga- October 2017