Ex-BAG boss Thomas Schmid caused a bang with his attempts to get his head out of the noose by becoming a key witness in the Casino affair. He accused not only ex-chancellor Sebastian Kurz, but also investor René Benko, National Council chairman Wolfgang Sobotka and other ÖVP companions. But even if Schmid gets leniency status, that doesn’t mean he’ll come out unscathed. He has to take into account several hundred thousand euros.
The details of the statement protocol, which came about after 15 days of interrogations of the former ÖBAG boss and secretary general of the Ministry of Finance, have it all: The former chancellor was involved in the inquiry affair – he knew exactly that the embellished studies , which were supposed to help him win the party chairmanship and chancellorship of the ÖVP, were funded by the Ministry of Finance. Sobotka foiled tax audits “at the Alois Mock Foundation or at the Alois Mock Institute” and at the Erwin Proell Private Foundation.
As a result, “cash payment of one year’s salary” is conceivable
With these explosive revelations, Schmid apparently wants to avoid the worst consequences. “Thomas Schmid can expect that if he becomes a key witness, he will not end up in the dock, but that the proceedings will be closed and that he will provide certain services,” says criminal law expert Alois Birklbauer in Ö1.–“Morning News”. “That would be, for example, a voluntary payment of an annual salary,” explains the expert. It is also conceivable that Schmid will have to pay hundreds of thousands of euros in civil law.
Schmid might have to pay for “Beinschab-Tool”.
He would therefore have to pay a large compensation – similar to what happened to ex-manager Gernot Schieszler, who was a key witness in the Telekom affair. He was sued by the company, after an agreement in a settlement, Schieszler had to pay 700,000 euros. Telekom had initially demanded compensation of two million euros. In Schmid’s case, it’s conceivable that he’ll have to pay back the so-called leg scraper tool, Birklbauer says. It is about 300,000 euros.
Whether Schmid actually receives leniency status, according to Birklbauer, depends on whether he can really bring something new to the case that is not yet known to the investigative authorities. “There were six new facts that had not been established before because they were unknown. That certainly speaks for the fact that it was still on time,” said the criminal law expert.
The Leniency Agreement is also subject to review by the Legal Protection Officer. He can still go to court to continue the investigation. The public prosecutor could also continue the proceedings if Schmid did not keep to the agreement – ie did not testify according to the agreement at the main hearing.
Source: Krone
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