District Court Verdict in Mask Affair: Tandler Faces Over Four Years in Prison
Andrea Tandler, daughter of former CSU General Secretary and ex-Bavarian Finance, Economics, and Interior Minister Gerold Tandler, faces a minimum sentence of four years and three months in prison in the tax trial surrounding the infamous mask affair in Bavaria. Her business partner has been sentenced to at least 3.5 years. The sentencing decision, as per a plea agreement, was reached in the Munich I Regional Court on Tuesday, with both parties in the proceedings consenting to its terms.
The two defendants mostly admitted the tax evasion charges against them this Tuesday, through their respective defense attorneys. Both have since made provisions for compensating for their financial losses. The judgment will be officially announced on Friday.
Tandler's sentence ranges between 4 years and 9 months, while her partner's proposed sentence spans from 3.5 years to 4 years. The prosecutor's office requested a sentence at the upper tier of the sentencing range, whereas the defense pleaded for leniency at the lower tier. This plea deal was agreed upon last week.
The arrest warrants for both defendants are expected to be lifted on Friday, given the approval of the prosecutor's office, against the backdrop of around eleven months in pre-trial detainment. Tandler's lawyer has disclosed that her health-compromised client will likely require another surgical procedure post-release.
In 2020, Tandler negotiated various mask deals on behalf of a Swiss supplier during the onset of the coronavirus pandemic. Almost 50 million euros were paid as commission for this venture, a legal transaction in itself. Nevertheless, the prosecutor's office accuses Tandler and her partner of failure to correctly pay taxes on these commissions, thereby committing a tax evasion offense.
Tandler was accused of paying her taxes through a company instead of individually, thus yielding lower overall tax liabilities. Additionally, her partner was found to have obtained half of the shares in the newly established business entity, although he hadn't contributed financially, leading to the charges of gift tax evasion.
The tax evasion accusation based on trade taxes was due to the income from the mask business being taxed in Grünwald instead of Munich, where only half the trade tax is levied. The prosecutor's office, however, alleged that Munich was the "place of management."
On this Tuesday, Tandler and her partner largely confessed their involvement in the tax evasion charges related to income and trade taxes, via their defense attorneys. The prosecutor accused Tandler of a strategically motivated confession and "extraordinarily high criminal energy." Tandler admitted that she would refrain from repeating her mistakes, expressing regret for her actions.
The court decided to drop charges involving gift tax evasion and coronavirus subsidy fraud, with the consent of the prosecutor's office. The reported economic loss was cut down from 15.2 to 7.8 million euros, while the evaded tax amount was reduced from 23.5 to 11.9 million euros.
In the mask affair, many individuals were involved in questionable financial activities, seeking to manipulate the system to their advantage. This is just one instance illustrating the opportunity and temptation to break the rules when people are under pressure or in extreme circumstances. The court's decision serves as an important reminder to adhere to established laws and regulations, even during difficult times.
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