Acquittal for Stephan Osnabrügge and the DFB: The former treasurer of the German Football Association (DFB) emerges unscathed from the trial surrounding the so-called “gang advertising affair”.
Five years after a raid on the headquarters of the German Football Association (DFB), the trial against the last remaining defendant ended with an acquittal. The 2nd major commercial criminal chamber of the Frankfurt/Main regional court considered it proven that Stephan Osnabrügge, treasurer of the DFB from April 2016 to March 2022, and the association were not guilty of tax evasion.
“This acquittal is unequivocal, clear – and without any restrictions,” Presiding judge Eva-Marie Distler explained her verdict. “Stephan Osnabrügge has become a pawn between the DFB and the tax authorities.” According to Distler there is “no clues” for misconduct by Osnabrügge or other DFB officials. The costs of the procedure are borne by the state treasury.
With regard to the DFB, Distler said that “previous transgressions” no “permanent prejudice” justify. There has to be another one “normal handling” between the association, the public prosecutor’s office and the tax authorities.
In addition to the defense, the public prosecutor’s office had previously requested an acquittal. The trial began at the end of October. As in the “Summer Fairy Tale” trial surrounding the dubious financial flows surrounding the 2006 World Cup, the DFB was treated as a “side party”.
The DFB can hope for a repayment of 31 million euros
It was about the accusation of tax evasion amounting to 3.5 million euros – which was of great importance for the association in view of the possible withdrawal of its non-profit status for the years 2014 and 2015. Because of the “gang advertising affair”, the Frankfurt tax office revoked the DFB’s non-profit status for the affected years – with serious financial consequences. The association has objected to this – the administrative procedure is still ongoing.
The DFB can now hope to get back the 31 million euros in tax back payments for 2014 and 2015. If the objection is unsuccessful, the association would have to go to the Hessian tax court in Kassel.
DFB raises allegations
DFB lawyer Jan Olaf Leisner spoke of one “sustainable damage”that the association suffered as a result of the investigation: “The DFB was discredited. But there was no wrongdoing on the part of the DFB, the wrongdoing was on the part of the public prosecutor’s office.”
Osnabrügge also became clear. “It’s not all good now. This isn’t a game. This shouldn’t have happened.”said the lawyer. Osnabrügge had been accused of not taxing income from perimeter advertising at home international games for the national team, or at least not taxing it correctly.
During the trial, former DFB greats Reinhard Grindel (ex-president), Rainer Koch (ex-interim president) and Friedrich Curtius (ex-general secretary) appeared as witnesses, among others. All three were among the accused when the proceedings were opened in autumn 2020, but managed to have the proceedings stopped (sometimes against monetary conditions).
