2023-05-23 20:01:10
Conditional prison sentence for former ÖVP family minister for illegal agreements. Only the last-minute compensation saved her from a fraud conviction.
The former family minister Sophie Karmasin (ÖVP) was found guilty on Tuesday at the Vienna Regional Court of a provision on anti-competitive agreements. However, she was acquitted of the alleged serious fraud. A jury panel approved her active repentance on this point. Karmasin was sentenced to 15 months imprisonment. The ex-ÖVP politician therefore no longer has to go to prison. The judgment is not final.
The acquittal came despite the fact that the court considered the alleged fraudulent actions in connection with continued payments from Karmasin’s previous ministerial activity to be “without a doubt” proven and “clearly documented” for the court. Karmasin “deliberately and knowingly committed the fraud,” emphasized Judge Patrick Aulebauer in the verdict. It was clear to her that she was not entitled to continued payment. Karmasin’s responsibility, that she asked in good conscience to continue receiving her salary as a minister, was “completely unbelievable”. “Nobody can believe that,” the judge stated.
With regard to the resulting damage, the court assumed that the Republic of Karmasin had wrongly paid out around 43,000 euros by May 22, 2018 – for the Senate, Karmasin’s paid professional activity was only from January 26, 2018 and not – as from the Economic and Corruption Prosecutor’s Office (WKStA) accepted – proven from December 19, 2017. Karmasin left the ministry at the beginning of December 2017. And yet the ex-minister might not be convicted as a fraudster – thanks to Section 167 Paragraph 2 of the Criminal Code, in which active remorse is standardized. According to this provision, the criminal liability for fraud is lifted if a perpetrator completely and voluntarily makes up for the damage caused before the authority has learned of his or her fault.
This benefited Karmasin, because the “ZiB 2” on March 7, 2022 first discussed the fact that she had continued to receive her ministerial salary. Two days later, Karmasin – she was in custody at the time – arranged for the repayment of around 62,000 euros through her legal representatives. At that time, she was not yet being prosecuted by the WKStA because of this matter. “Until March 10, no suspicion of a crime is apparent from the file,” Judge Aulebauer clarified in his verdict. After the “ZiB2” report, “you probably thought, now it’s going to get dicey,” Aulebauer speculated in the direction of the pollster. The reimbursement of the illegally obtained money was actually initiated “in time”, voluntarily and completely, “whether you like it or not. That’s the law. Everyone is equal before the law.”
With a penalty of up to three years, the court found 15 months appropriate for the prohibited anti-competitive agreements. These related to three studies for the Ministry of Sports, for which Karmasin was awarded the contract by persuading two competitors – including her former employee Sabine Beinschab – to “transmit offers that she had specified in terms of content and agreed with her in advance in terms of content to the client, to ensure that Karmasin Research & Identity GmbH, which is attributable to it, would receive the orders,” as the indictment said. Beinschab and the second competitor made offers between April 2019 and June 2021, which Karmasin then undercut. According to the court of first instance, this was “in any case illegal” and “specifically restricted competition”.
The co-defendant department head in the Ministry of Sports was acquitted of the allegations made once morest him in connection with the studies that Karmasin had prepared for the Ministry of Sports. The presiding judge explained that there was no motive why the officer should have deliberately assisted Karmasin in intent to cause harm. It cannot be ruled out that he acted in Karmasin’s interests because of Karmasin’s good reputation at the time or because he was subject to the authorities.
The decisions of the court are not final. Karmasin’s defense attorneys, Norbert Wess and Philipp Wolm, asked for time to think things over, but the prosecutors initially made no statement.
In her closing remarks, Sophie Karmasin emphasized once once more that she was not guilty of any criminal offences. With regard to the allegation that she continued to receive her salary fraudulently following her position as a minister, she acted “carelessly, carelessly, perhaps naively”: “But I had no intention of damaging the republic.” She was in an “exceptional situation” and, given her unclear professional future, applied for continued payment. Regarding the studies for the Ministry of Sports, Karmasin remarked that she had been “harnessed” by the Ministry. “For me, the question is not what was my performance. For me, the question is where is the damage,” mused the opinion researcher, only to immediately state: “There is no damage.” You can’t “take responsibility for everything I’m accused of.”
Karmasin also complained that she was “not treated particularly well” during her detention. In her cell, for example, “the light was turned on four times a night”. The former minister did not take kindly to her former employee and confidant Sabine Beinschab, who had testified once morest her last week and had heavily incriminated her. This is “a tough businesswoman and certainly not a victim” and takes advantage of her status as a key witness.
In their closing speeches, the two representatives of the WKStA had demanded a “significant, partially conditional prison sentence” for Sophie Karmasin. She “consistently violated the law and planned earning opportunities “long before the end of her ministerial post” and immediately took up remunerated professional activities immediately following her political career. Regardless of this, she received remuneration as an ex-minister at the expense of taxpayers and “a She went to great lengths to cover up her additional earnings.” The ex-minister only ended her crimes “when she feared public disclosure.”
The present negotiation was not yet regarding the ÖVP survey affair. As far as the so-called leg scraper tool is concerned, the WKStA is investigating not only Karmasin, but also once morest ex-Chancellor Sebastian Kurz, his former closest professional environment and the ÖVP. According to Beinschab, Karmasin had put her in contact with Thomas Schmid, Secretary General of the Ministry of Finance at the time. Subsequently, the so-called leg scraper tool is said to have been developed. In terms of content, Karmasin is said not to have been involved in the studies for the Ministry of Finance, but asked for a 20 percent share of the sales for contact mediation and advice, Beinschab reported the previous week as a witness under a duty of truth: “She said she wanted to be included in this package .” This 20 percent on the turnover of all studies prepared for the Ministry of Finance was the consideration for the fact that Karmasin had established contact with Thomas Schmid, but also with the Fellner brothers. She had to agree in advance on the content of the studies that she had prepared for the Ministry of Finance on behalf of Schmid. “Please clarify questions with Frischi,” reads a chat message from Karmasin to Beinschab. This should have meant the former press spokesman for ex-Chancellor Kurz, Johannes Frischmann.
“Politicians must take what the courts are now dealing with as an impetus in order to prevent structural corruption in the future,” NEOS reacted in a broadcast to the outcome of the Karmasin trial. The last two U-committees worked out “what machinations were driven in Austrian politics – and are being done,” said Stephanie Krisper, NEOS spokeswoman for internal affairs and U-committee leader. Now the necessary reforms must follow.
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