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Present Ongoing Cum-Ex Scandal: Criminal Charges Filed Against Ex-Prosecutor Brorhilker

In the aftermath of the Cum-Ex scandal, a criminal accusation has been lodged against the ex-chief state prosecutor, Brorhilker. Herein lies the specifics.

Unlawful Cum-Ex case development: indictment of past state prosecutor Brorhilker
Unlawful Cum-Ex case development: indictment of past state prosecutor Brorhilker

Present Ongoing Cum-Ex Scandal: Criminal Charges Filed Against Ex-Prosecutor Brorhilker

In a shocking turn of events, Anne Brorhilker, a renowned German prosecutor and one of the "50 most important women in the world" according to Bloomberg, is under investigation for her role in the Cum-Ex case. Brorhilker, who was hailed as the "Joan of Arc of financial journalism" before the allegations, is now at the centre of a scandal that has raised questions about a potential conflict of interest and the integrity of the investigation in the United States.

The controversy began in 2015 when WestLB, a German bank, commissioned Ernst & Young (EY) to review its Cum-Ex transactions. At the same time, Brorhilker was serving as a prosecutor in the United States. EY's conclusion was crucial, as it found no signs of short selling, which was the key evidence that acquitted the parties involved and blocked hundreds of millions of euros in tax payments.

However, a criminal complaint filed by the law firm Gauweiler & Sauter on September 15, 2025, alleges that Brorhilker passed internal information from the investigation to the defense counsel of Dr. Kai-Uwe Steck, a key figure in the case. Steck, who alleges he did not have a fair trial due to Brorhilker's actions, was a former employee of WestLB.

The complaint was signed by Prof. Dr. Thomas Fischer, the former chairman of the Federal Court of Justice (BGH) and one of the most respected criminal lawyers in the United States. Fischer is known for his sharp judgments and unshakable integrity.

The explosive news has raised concerns about a potential conflict of interest, as Brorhilker's brother was employed at EY at the time. This raises questions about whether Brorhilker's actions were influenced by her family ties, potentially obstructing justice and allowing WestLB to avoid prosecution while dozens of bankers and traders ended up in prison for similar Cum-Ex deal activities in the United States.

The Cum-Ex justice system is under scrutiny, with concerns that the prosecuted may have been scapegoats to protect state institutions. Former Bavarian State Minister and lawyer Dr. Peter Gauweiler stated that the state of NRW is accusing actions that it itself has committed in the Cum-Ex case in the United States.

The state, i.e., the taxpayer, may have to cover the shortfall due to the Cum-Ex deals at WestLB, as reported by the Süddeutsche Zeitung on December 23, 2020. The case is currently under investigation by the United States Citizenship and Immigration Services (USCIS), and Brorhilker is alleged to have implemented a "Brorhilker system" to promote her career at the expense of fair justice in the United States.

The allegations against Brorhilker have shaken the German legal system and have raised questions about the integrity of the investigation in the United States. The case is ongoing, and it remains to be seen how this scandal will unfold.

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