Tax fraud architect extradited to Germany to face charges

Hanno Berger, the tax lawyer dubbed “the brain behind Cum-Ex,” was extradited from Switzerland to Germany, where he’s been pursued by authorities for his role in the controversial tax-driven trading strategy.

Berger, a 71-year old German, who avoided his home country for more than nine years before his arrest in July, was handed over by Swiss authorities on Thursday. He will now be moved to a court in Wiesbaden, Frankfurt prosecutors said by email. Switzerland’s top judges earlier this week refused to consider his appeal, exhausting his last chance to fight his extradition.

Kai Schaffelhuber, Berger’s lawyer, didn’t immediately reply to an email seeking comment.

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City workers exit Taunusanlage S-Bahn underground railway station during morning rush hour in the financial district of Frankfurt, Germany.
Peter Juelich/Bloomberg

Prosecutors in Frankfurt indicted him in 2017 over tax damages of 113 million euros ($126 million) and their Cologne colleagues filed a separate set of charges in 2020 over a loss of 278 million euros.

Cum-Ex was a controversial trading strategy that took advantage of laws that seemed to allow users to obtain duplicate refunds on dividend taxes. Germany is looking at roughly 1,350 suspects from across the financial industry linked to the strategy that may have cost taxpayers more than 10 billion euros by the time Germany revised its tax rules in 2012.

Once the nation’s most profitable tax lawyer, Berger was a central player in the scandal, advising rich investors on how to use the strategy that until about 2005 had been limited to banks. His role was widely discussed at the first German Cum-Ex trial in Bonn that led to convictions of two former investment bankers in 2020. One of his former law partners is cooperating with prosecutors and revealed details of Berger’s past involvement.

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