A former senior prosecutor in Cologne, Anne Brorhilker, has launched a scathing critique of Germany’s effectiveness in combating financial crime, accusing the justice system of structural failings and a concerning lack of political engagement. Departing her role in April 2024 after leading investigations into the massive Cum-Ex tax scandal, Brorhilker’s assessment, detailed in a forthcoming book, paints a picture of a system that inadvertently facilitates economic criminality.
Brorhilker’s central argument revolves around the systemic instability within prosecutorial bodies. She describes a revolving-door policy for personnel, where specialized investigators are routinely transferred between departments, disrupting continuity and hindering the complex, lengthy investigations required in cases like Cum-Ex. “Cum-Ex proceedings are entirely atypical” she stated in an interview with the Handelsblatt. “One needs a lengthy period of professional familiarization, but personnel are shuffled back and forth”. This constant disruption, she argues, undermines the ability to build robust cases.
Beyond operational failings, Brorhilker criticized a perceived lack of genuine political interest in addressing financial crime. She contends that previous administrations have demonstrated insufficient commitment to the Cum-Ex investigation, hinting at a prioritization of statistics and expedient case closures over the pursuit of long-term justice in complex, high-value cases. The imbalance in resource allocation is particularly stark: “There’s significantly more personnel for cases involving shoplifting, drug dealers and so on, than for cases involving millions of euros”. This imbalance, she argues, positions Germany as a comparatively attractive jurisdiction for financial criminals.
Brorhilker’s proposed solution is the establishment of a centralized, independent body tasked with investigating international tax evasion and money laundering. “It needs to be lean, highly specialized and independent” she insists, arguing that without such a dedicated agency, the state will remain trapped within its current, flawed structure. Her assessment raises serious questions about the German justice system’s capacity to address the increasingly sophisticated challenges posed by international financial crime and calls for a fundamental rethink of its priorities and organizational structure. The criticism adds to a growing body of concern about Germany’s ability to effectively prosecute complex financial offenses, particularly given the potential for political interference and resource constraints.
