LKA numbers – fight against corruption in Berlin – track record with downsides
Sat 07/15/23 | 11:17 am | By Sebastian Schoebel
Image: dpa/Ute Grabowsky
On paper, the record of the anti-corruption officers in Berlin looks quite passable: There have been hundreds of judgments in recent years, as current figures show. But the statistics also show why the dark field is likely to be significantly larger. By S. Schoebel
For Berlin’s corruption hunters, the year 2018 should be remembered for a long time. At that time, they uncovered cases of bribery and favoritism totaling a good 24 million euros. Most of it changed hands in cash, 40 officials were involved, and in the majority of cases those who tried to bribe were caught. This is the result of figures from the State Criminal Police Office, which the legal policy spokesman for the left-wing faction, Sebastian Schlüsselburg, asked the Senate for.
Employees at the clerical level keep their hands open
The statistics reveal exciting details of Berlin’s fight against corruption. Many attempts at bribery still occur quite spontaneously, without much preparation: in 2022, this was the case in 16 out of 38 known cases, while in 12 cases the relationship between the briber and the taker lasted for a longer period of time, between one month and two years. “In contrast to other areas of crime, there are only perpetrators in connection with corruption crimes,” says the LKA. “A victim of the crime – such as a competitor or the authority of a bribed employee – usually does not notice it.”
According to the findings of the investigators, it is mostly about gaining competitive advantages or winning orders. The perpetrators often come from the service and construction industries, and it is usually not the bosses who hold out their hands, but employees at the administrative level. Suitcases full of banknotes are apparently losing their attractiveness: in 2022, cash was only used in 27 percent of the cases of corruption discovered, jobs or services were more popular. Apparently, invitations to events or hospitality offers are also tempting.
180 sometimes sensitive sentences against convicted corruption offenders
But as much as we know about the suspects being investigated – in 2022 there were 38 – so little can be said about the true extent of the problem from the statistics of corruption fighters. Because the LKA also concedes: “Due to the favorable structure of the opportunity for crime and the low risk of crime being discovered, it can be assumed that there will be a large number of unreported cases.”
He therefore calls for even more staff for the law enforcement agencies – and the use of artificial intelligence in administration. “In the area of performance management, we can already see relatively well where there are conspicuous bookings.” However, this must be consistently expanded, said Schlüsselburg.
Whistleblowers keep getting the ball rolling
The most recent report by the Berlin Corruption Commissioner shows how complicated and laborious it is to get from the first suspicion to the indictment. According to this, in 2022 the public prosecutor’s office received 158 new cases related to corruption, but at the same time only 13 cases could be brought to court after sometimes long investigations. 86 cases never saw a judge, they were dropped by the public prosecutor’s office because the prosecution would not have been worthwhile from the point of view of the lawyers – sometimes because the damage was too small, sometimes because of a lack of evidence.
Of course, that cannot be taken as proof that the capital may not have a corruption problem at all, says Jiri Kandeler from the Berlin Anti-Corruption Association. “On the contrary: I would say there is a lot of corruption here.” Because offenses such as bribery and the like would simply hardly be noticed because there are no systematic controls. The many confidants and corruption officers at state and district level “never catch anyone,” says Kandeler.
Instead, it would depend on the whistleblowers, who keep getting the ball rolling. Figures from the LKA prove Kandeler right, at least in part: Although most of the findings can be traced back to police work, whistleblowers have provided a significant part of the decisive information in recent years – significantly more often than the bodies concerned themselves. “If you had an anti-corruption system that works, we wouldn’t need any whistleblowers,” says Kandeler: “The fact that they are needed is actually a sign of inadequacy.”
Senate administration points to improved whistleblower protection
Nevertheless, the Senate Department for Justice continues to rely on the mostly anonymous tipsters and refers to the recently improved whistleblower protection: In May, Germany adopted the corresponding requirements of the European Union in the German statute books. In addition, since January 2023, the Attorney General’s Office has taken over all new corruption cases. This should make law enforcement more efficient.
In addition, Justice Senator Felor Badenberg (independent, for the CDU) is considering using forensic data analysis in the future. There is only one catch: this requires a digitized Berlin administration with electronic files introduced everywhere. But that’s exactly what hasn’t worked so well so far: In some districts, it’s already said that the electronic file is a technical disaster. The introduction, which should be completed by 2026, has also been delayed again and again in the Berlin courts.
The anti-corruption investigators will probably not be able to do without tipsters for a long time. Left-legal expert Schlüsselburg therefore calls on everyone, especially employees in the Berlin administration, to report suspected corruption immediately: “It’s a civic duty.”
Broadcast: rbb24 Inforadio, July 15, 2023, 7:00 a.m
Contribution by Sebastian Schöbel