The tax lawsuit against Uli Hoeneß is becoming more and more spectacular: top politicians are now calling for him to step down as chairman of the supervisory board and president of FC Bayern Munich. “Now is the time to resign […]
The tax lawsuit against Uli Hoeneß is becoming more and more spectacular: top politicians are now calling for him to step down as chairman of the supervisory board and president of FC Bayern Munich. “Now is the time to resign from his public office at Bayern Munich. The role model function of sport is already severely damaged by Hoeneß, ”said Green parliamentary leader Anton Hofreiter of the“ Neue Osnabrücker Zeitung ”. “If Hoeneß had the decency that he claims for himself, he would have to go now,” said SPD financial expert Joachim Poss of the same newspaper. The Darmstadt tax lawyer Peter Degel said in an interview with T-Online.de: Should Hoeneß not come behind bars, “our system would be turned off its hinges”.
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SPD parliamentary group leader Thomas Oppermann was appalled by the new magnitudes of tax offenses. “I am stunned by the extent of tax evasion,” said Oppermann. Hoeneß has apparently lost track of everything. Oppermann emphasized that the case shows how important the fight against tax fraud and tax havens is. According to the Munich public prosecutor’s office, Hoeneß’s tax liability is 27.2 million euros.
The head of the Left Party, Bernd Riexinger, demanded in the “Rheinische Post” the immediate withdrawal of Hoeneß from the presidential office. “There is no way he can stay at the top of FC Bayern. To be honest means to step back, ”said Riexinger.
“It has to be an end to trivializing”
In an interview with the “Neue Osnabrücker Zeitung”, Poss also criticized the prominent supervisory board. “This is about tax crime. And now it is certain that Hoeneß has withheld documents. There has to be an end to trivializing, ”warned Poss. He accused Hoeneß of deliberately deceiving his fans and the supervisory board and of opposing the law.
Kubicki no longer believes in a suspended sentence
The day before, Hoeneß had admitted to having evaded 18.5 million euros in taxes. More and more experts no longer expect a suspended sentence for the club president. “The figure alone, 18 million euros, is so serious that I currently lack the belief that he can receive a suspended sentence,” said the lawyer and FDP politician Wolfgang Kubicki on Deutschlandfunk – even before the new numbers were known.
Expert thinks prison sentence is likely
Peter Degel, tax law expert and partner at the South Hessian law firm Moog, also said in an interview with T-Online.de: “If Uli Hoeneß were given a suspended sentence, our system would be unhinged.” In the unlikely event that the Munich court Hoeneß does not incur a prison sentence, an appeal by the public prosecutor can be expected. That would have to be decided by the Federal Court of Justice.
In 2012, the Federal Court of Justice overturned a criminal judgment by the Augsburg Regional Court for serious legal errors in sentencing because the defendant, who had evaded only 1.1 million euros, was sentenced to a suspended sentence of two years. In the case of tax evasion in the millions, according to the established case law of the BGH, probation cannot be considered. It is also not to be expected that the BGH will soften this case law, BGH judges have confirmed this again and again in lectures and discussions.
Hoeneß’s defense strategy is life-threatening
Against this background, Hoeneß’s defense strategy of releasing the extensive bank data shortly before the trial, which led to much higher taxes than in the voluntary disclosure, is just too “life-threatening” if one wants to “cure” the voluntary disclosure, said Degel.
The current dimension of the case should be seen as “particularly serious tax evasion” – then a limitation period of ten instead of five years applies.