WKStA balance sheet

The meagre yield of the corruption hunters

(Bild: Helmut Fohringer, zVg, EXPA/ Florian Schroetter)

2023 was a turbulent year for the Economic and Corruption Prosecution Office. Figures attest to a highly mixed record. Even in clamorous cases.

The Economic and Corruption Prosecution Office (WKStA) has been in the spotlight for years. A painful and important thorn in the flesh of the powerful, say some. Others, however, are quite critical of the corruption investigators. And they point to balance sheets. They really don't look that great. The figures for 2023: In 257 cases, no investigations were initiated; in 459 cases, proceedings were dropped; there were indictments against 152 defendants; in 54 cases, there were guilty verdicts. There were (partial) acquittals in 60 cases.

What is particularly interesting is the yield in so-called clamorous cases. In other words, cases that attract a great deal of public attention, such as Buwog (the case involving former Finance Minister Karl-Heinz Grasser and Co. has not been legally settled since 2009), Casag (there is no end in sight) or the resulting proceedings involving former Chancellor Sebastian Kurz (ÖVP) and Co. 

Former Finance Minister Karl-Heinz Grasser during the Buwog trial.

(Bild: APA/ROLAND SCHLAGER)

Chorherr and Strache acquitted
Linda Poppenwimmer was once a WKStA investigator, she moved to the law firm Ainedter. She lists some interesting facts in a justice yearbook. The WKStA is undoubtedly an important instrument in the fight against corruption, she says, but in 2023 there was a noticeable discrepancy between aspiration and reality. Poppenwimmer cites examples: The Prikraf case against former FPÖ leader Heinz-Christian Strache and a donor friend. There was an acquittal of suspected bribery in the second instance. Exonerating chat messages had not been taken into account by the prosecutors.

In the Prikraf trial, Heinz-Christian Strache and Walter Grubmüller had to answer for bribery and corruption in the regional criminal court.

(Bild: APA/EVA MANHART)

Or the proceedings surrounding ex-Green Party member Christoph Chorherr. This was also about bribery by important and rich people in return for building projects in Vienna. All ten defendants and associations were acquitted due to a lack of evidence. In addition, the WKStA made embarrassing errors in the indictment - not an isolated case. Or the case of former Family Minister Sophie Karmasin: after leaving her ministerial post, she had applied for continued remuneration and concealed lucrative contracts. Fraud was suspected, but the court found that Karmasin had arranged for the repayment in good time. She was convicted of agreements restricting competition in the award procedures of the Ministry of Sport.

There were also accusations of inaccurate and incomplete procedures on the part of the WKStA in other cases.

"Chats don't lie" did not prevail in court
In July 2023, the "BVT proceedings" concerning the intelligence service ended with acquittals for four defendants on suspicion of abuse of office. Also in July, the Vienna Higher Regional Court confirmed the acquittals for Strache and an entrepreneur in the "ASFINAG" case. This case also involved bribery and corruptibility. The FPÖ leader had been accused of procuring a supervisory board position at the highway company for an entrepreneur friend. "Chats don't lie", argued the public prosecutor at the time in his closing statement.

The judges obviously saw things differently. Then there were the trials of Kurz, his former head of cabinet Bernhard Bonelli and the former casino manager Bettina Glatz-Kremsner for allegedly making false statements to the sub-committee. The latter achieved a diversion, Kurz was acquitted on two of three charges and received a conditional prison sentence on one charge, which he appealed to the court of further instance.

Investor Siegfried Wolf has had problems with the justice system for several years.

(Bild: Markus Wenzel)

Most recently, the proceedings surrounding investor Siegfried Wolf caused a stir in the Eurofighter context. Also a never-ending story. The Higher Regional Court in Graz rejected an indictment from the WKStA due to significant formal errors and a lack of probability of conviction. Wolf's lawyers Christian Hausmaninger and Markus Passer are delighted. "Siegfried Wolf welcomes this decision, which strengthens his unreserved trust in the courts. However, this trust does not apply to the WKStA, which has obviously been persecuting Mr. Wolf for years in a biased and constitutionally intolerable manner." 

By the way. Wolf is also being prosecuted in another matter. It concerns alleged tax concessions for the multimillionaire and bribery. The presumption of innocence applies.