Unternehmensstrafrecht

“Corporate penal code.” Green party member Jürgen Trittin has called for Germany to create laws punishing companies rather than their individual employees who can be shown to have broken the law. Trittin said the USA has such a code and therefore the Deutsche Bank, Germany’s largest bank, will be punished more in the USA than it will in Germany. His is not the first voice or political party to call for a German penal code for companies. Meanwhile, in the USA, people are furious about the slap on the wrist HSBC received in a settlement, not a prosecution, for alleged terror financing and drug money laundering so severe the boxes of cash were too large to fit through tellers’ windows, with ~50,000 accounts alone at one Cayman Islands branch that executed “virtually no oversight.”

An 11 Dec 2012 Spiegel op-ed noted that three major British banks have been required to pay large fines in the USA this year: Barclays, Standard Chartered and now HSBC. “All three of these large banks are based in London. That is no coincidence. Although in the past few years the American justiciary has taken aim at institutions from other countries, such as Credit Suisse, ING and JP Morgan, the British banks play a special role. They are traditionally set up more globally than their competition and have had business ties, sometimes for decades, in countries that are classified as ‘rogue states’ today.” Spiegel’s Carsten Volkery added that HSBC’s stock price has gone up by 14% since the summer, and Standard Chartered’s by 20%.

(OON ter NAY men’s SHTROFF rect.)

Drittmittel

Third-party funding. Transparency International Germany is concerned about sponsoring agreements between German universities and the private sector. While state funding of university research has not substantially increased, total sponsor funding has doubled since 1998, and increased from 16% to 26% according to this Spiegel article. Sponsoring agreements are being kept secret, while sponsors can apparently get clauses allowing them e.g. to veto publishing of research results, insert op-ed material about their companies into university media, and nominate members of search committees seeking new faculty.

(DRITT mitt illll.)

Lobbyisten-Register

“Registry of lobbyists.” After the recent kerfuffle in the Health Ministry (BMG), Transparency International Germany is renewing its call for a central registry of lobbyists working in Germany, saying such a list and its control and enforcement mechanisms would first and foremost benefit good lobbyists working with good arguments. TI says registration would “separate the wheat from the chaff.”

(Lobby ISS ten   reh GISS ter.)

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