WKStA balance sheet – The meager returns of the corruption hunters

The Public Prosecution Service for Economic and Corruption (WKStA) has been in the spotlight for years. A painful and important thorn in the side of the powerful, some say. Others, on the other hand, are quite critical of the corruption investigators. And they refer to balance sheets. Actually, they didn’t look that great. The figures for 2023: No investigation was started in 257 cases; Cases were dismissed for 459 defendants; There were charges against 152 defendants; Guilty verdicts were pronounced in 54 cases. There was (partial) acquittal in 60 cases.

What is especially interesting is the yield in so-called noisy cases. Cases that receive great public attention, such as Buwog (the case involving ex-Finance Minister Karl-Heinz Grasser and Co. has not been legally resolved since 2009), Casag (there is no end in sight) or the resulting procedures involving ex- chancellor is involved. Sebastian Kurz (ÖVP) and co.

Acquittal for Canon and Strache
Linda Poppenwimmer was once a WKStA researcher and moved to the Ainedter law firm. She lists notable achievements in a balance sheet in a judicial yearbook. The WKStA is undoubtedly an important instrument in the fight against corruption, she says, but in 2023 there was a noticeable discrepancy between ambitions and reality. Poppenwimmer gives examples: Prikraf case against former FPÖ leader Heinz-Christian Strache and a donor friend. In the second instance, he was acquitted on suspicion of bribery. Exculpatory chat messages were not appreciated by the prosecutors.

Or the case surrounding ex-Green Party member Christoph Chorherr. This also involved bribery by important and wealthy people in exchange for construction projects in Vienna. All ten suspects and associations were acquitted due to lack of evidence. Moreover, the WKStA made embarrassing errors in the indictment – ​​not an isolated case. Or the case surrounding the former Minister of Family Sophie Karmasin: after leaving ministerial office, she asked for continued benefits and had already hidden lucrative contracts. There was suspicion of fraud, but according to the court, Karmasin had arranged the reimbursement in a timely manner. She was convicted of agreements that limited competition in tender procedures of the Ministry of Sports.

There were also allegations of incorrect and incomplete procedures by the WKStA in other cases.

“Chats Don’t Lie” did not go to court
In July 2023, the ‘BVT procedure’ surrounding the intelligence service ended with acquittals for four suspects on suspicion of abuse of office. Also in July, the Vienna Supreme Court confirmed the acquittals for Strache and an entrepreneur in the “ASFINAG” case. This also involved bribery or corruption. The FPÖ leader was accused of giving a businessman friend a position on the highway company’s supervisory board. “Chats don’t lie,” the prosecutor argued in his closing argument.

The judges apparently saw it differently. Then there were the trials for alleged false statements before the University Commission against Kurz, his former chief of staff Bernhard Bonelli and the former casino manager Bettina Glatz-Kremsner. The latter provided a diversionary maneuver, Kurz was acquitted on two of the three charges and received a suspended prison sentence on one count, on which he took action in a subsequent instance.

Recently, the proceedings surrounding investor Siegfried Wolf in the Eurofighter context caused a stir. Also a never-ending story. The Higher Regional Court in Graz dismissed an indictment by the WKStA due to significant formal errors and a lack of likelihood of conviction. Wolf’s lawyers Christian Hausmaninger and Markus Passer are satisfied. “Siegfried Wolf welcomes this decision, which reinforces his unconditional confidence in the courts. This trust obviously does not apply to the WKStA, which has apparently been prosecuting Mr. Wolf for years in a biased and constitutionally unbearable manner.”

Incidentally. Wolf is being prosecuted in another case. It concerns alleged tax benefits for the multimillionaire and bribery. It is the presumption of innocence.