Press Release: Contradictions and Failures Mark the Eighth Day of the Michael Ballweg Trial

A Tax Investigator Under Cross-Examination: Estimates Instead of Solid Facts

The day revolved around the testimony of a tax investigator whose findings form the basis of the case. Serious weaknesses and unanswered questions emerged:

• How were the alleged profits from demonstrations calculated?
  "It was an estimate."
  The estimate was based on information from the police—officers neither trained in tax matters nor capable of providing reliable data. Their testimonies in court revealed significant memory gaps.
• When did you begin making the estimate?
  "In December 2022."
  At this time, Michael Ballweg had already been in pretrial detention for six months.
  
• Why was a criminal case initiated just six days after the deadline?
  "That was my colleague."

It remains unclear why the tax returns submitted after the pretrial detention, which contradict the estimates, have yet to be reviewed.

Questionable Actions by the Tax Authorities

The investigator admitted that granting an extension for submitting the tax returns could have prevented the entire case. However, the responsible caseworker was instructed by the tax investigator not to extend the deadline—a highly unusual and heavily criticized action.

Defense Statements

Dr. Reinhard Löffler, defense attorney, stated: "It is incomprehensible why an extension was denied, something routinely granted in similar cases. A conversation with Mr. Ballweg could have rendered this case unnecessary."

Attorney Gregor Samimi added: "The foundation of this case consists of amateurish estimates that have long since been disproven. Exposing these flaws is a monumental task, but we remain determined."

Tax Returns Show Refund, Not Fraud

The prosecution accuses Michael Ballweg of evading €78,061 in VAT. However, a VAT return filed on November 4, 2022, showed a refund of €1,402.

In the tax return, €63,327 in VAT was declared. Due to substantial prepayments, a refund was owed rather than additional payment. Nevertheless, the tax office initiated the investigation just six days after the deadline—without issuing a reminder and despite exceptional circumstances.

Deadline Missed Due to Detention

The late submission of the tax return resulted from Michael Ballweg's incarceration and the seizure of his tax documents. A request for an extension, filed from detention, was denied on the circular reasoning that an investigation had already been initiated.

Unfounded Allegations

The accusation of VAT evasion is disproved by the filed return. The remaining allegations involve missed deadlines, which, given the detention and lack of intent, cannot hold up.

The defense views the authorities’ approach as arbitrary and an unprecedented misuse of legal standards.

Conclusion

The day’s proceedings highlight how this case is mired in dubious investigations and decisions. The defense remains committed to uncovering the truth.

Next Hearing: Prison Warden to Testify

On Tuesday, November 26, 2024, the prison warden will testify on how a tax return can be prepared from pretrial detention and why Michael Ballweg was held for 14 days without a warrant. The defense anticipates further key revelations.