Risks for Firms and Their Executives in Cases of Corruption – An Overview with Particular Regard to the Siemens Case
| Author | Markus Adick |
| Published date | 01 June 2009 |
| Date | 01 June 2009 |
| DOI | http://doi.org/10.1177/203228440901a00105 |
| Subject Matter | Analysis & Opinions |
New Journal of Eur opean Crimina l Law – Special Edit ion 25
RIsks foR fIRMs anD THeIR exeCUTIves
In Cases of CoRRUPTIon – an oveRvIeW
WITH PaRTICUlaR ReGaRD
To THe sIeMens Case
M A*
1. INTRODUCTION
e sentence of the Federal Court of Justice (Bundesgerichtshof) against a former
manager and an external consultant of Siemens AG1 may be regarded as the most
important decision of a Germa n criminal court in 20 08.
It ma rked the end of a sp ectacular corruption ca se when the Federa l Court of
Justice found a former Siemens manager and an external business consultant gui lty of
paying bribe s and violating the existing compliance regulations by establishing and
maintaini ng slush funds. A lthough the Federal Court of Justice did not approve a
conscation order amounting to the su m of €38 m, which had previously been issued
against Siemens AG by the lower court ,2 the trial against the two accused natural
persons was subject to media coverage t hroughout Europe and interpreted as a
“warning for rms”.3
Although the deci sion of the Federal Court of Justice was criticise d by Germany’s
legal community for various reasons,4 it can be regarded as a didactic play for corporate
Europe. Not on ly does it revea l that the risks of charges in corruption cases further
increase for natu ral and legal persons, but it also indicates t hat German crimina l
courts are, in genera l, likely to attach more importance to violations of compliance
regulations in t he future.
* Rechtsanwälte Flic k Gocke Schaumburg, C ologne.
1 e decision was pub lished i n NJW 2009, p. 89 et se q. An electronic copy (in German) may b e
obtained from t he website of the Bundesgeric htshof (www.bundesgerichts hof.de).
2 Regional Court Darm stadt, decision of 14 May 2007 – 712 Js 5213/04 – KLs.
3 Cf. www.telegraph.c o.uk/news/worldnews/europe/germ any/2036779/Siemens-corrupt ion-trial-’a-
warning-to- rms’.html; cf als o Fran kfurter Allgemeine Zeitun g dated 23 January 2008 (alleged
corruptive pay ments of EUR 1,300 Mio.).
4 Schlösser, HRRS 2009, 19 et seq q.
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