Samstag, 01.01.2011
Homeowners as subsidy fraudsters
from
Markus SchmuckLawyer
Specialist in criminal law
Give me a call: 0261 - 404 99 25
E-Mail:
Lars Christian Nerbel
Lawyer
Specialist lawyer for construction and architectural law
Specialist lawyer for tenancy and property law
Give me a call: 0228 - 972 798 203
E-Mail:
In the past few days, many homeowners and landlords have received unwelcome mail from the Koblenz criminal investigation department. In an incomprehensibly formulated letter, the recipients are declared suspects in criminal proceedings.
The accusation: subsidy fraud or aiding and abetting subsidy fraud – a serious accusation, as this criminal offense is sanctioned with a prison sentence of up to five years according to § 264 of the German Criminal Code.
What is the background to these drastic accusations?
In 2007-2008, the company GESEB (Gesellschaft für Energieberatung) from Remagen offered to issue energy performance certificates to homeowners at a price of €25 or €50.
This may seem like a good price for an everyday service, but the public prosecutor's office in Koblenz believes that this business model constitutes subsidy fraud on the part of GESEB at the expense of the federal government.
The homeowners who ordered such energy performance certificates from GESEB are said to have made themselves guilty of subsidy fraud or abetted subsidy fraud when they placed the order. But what can the affected homeowners do? We strongly advise against making any statements to the public prosecutor's office in Koblenz or the criminal investigation department in Koblenz without consulting a qualified lawyer. Instead, you should definitely contact a specialized lawyer whom you trust and agree the further course of action with them in order to avoid unpleasant surprises.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.