A criminal complaint, investigations by public prosecutors, a nervous national Association – has made the AfD in the handling of party donations error? And what consequences could this have? Because two six-figure donations, there are currently a number of unanswered questions.

first, there is an amount of 132,000 Euro. For this, a total of 18 partial amounts were received according to the police, between July and September of 2017, to an account of the AfD County Association of lake Constance, with the note “election campaign donation Alice rye”. The group leader in the Bundestag is Deputy circle Chairman and was a candidate to the Bundestag election in 2017. The donation came through a company called PWS pharmaceutical wholesale International AG, based in Zurich, had been reported to the Research network of the süddeutsche Zeitung, NDR, WDR, and Zurich’s Tages-Anzeiger.

A portion of the money the district Association for invoices of a lawyer for media law. Rye says, the legal costs would have been “a result of my activities as AfD top candidate for the Bundestag election”. Is probable that rye fought back in the hot Phase of the election campaign, with the assistance of a lawyer against unwelcome coverage.

© Michael stern Tilman Steffen

editor in the Department of politics, the economy and society, TIME ONLINE

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According to the Board of Directors of the company, the PWS-managing Director had transferred the money “in trust” on behalf of a “business friend” to the AfD. According to the Country Treasurer of Baden-Württemberg, the company denied the information, who the donor is. According to the research compound, it is a Person from Switzerland, the nationality is not known.

the money was paid according to the media report, after eight months, in April 2018. Rye said, therefore, that you knew since September – the month of the election to the Bundestag.

A further donation of 150,000 euros to the regional Association lake Constance was, according to the Research network at the 13. February 2018, of the “Stichting both left and right wing Europe” transferred to a Foundation with a Dutch address that disseminated on your Website, especially news on migration issues. In may, a quarter of a year later, transferred to the district Association the money back, because he could not determine the identity of the donor.

However, none of the two large donations, the party informed the Bundestag administration, as required by the party law.

Summary: Where is the Problem? Has failed to the party, against the duty of disclosure?
you are Allowed to split the donations in small amounts to stay under 50,000 euros?
it is Sufficient, suspicious of the donations simply to pay back? As will be discussed in the party? Where is the Problem?

Should confirm that the AfD is in breach of the party law, should have the AfD-Federal top pay three times the amount as a penalty, the possible repayment of the donation amount will be charged.

The Prosecutor’s office of Konstanz is now determined by the courts against the AfD circuit Board of the lake of Constance. Reason: suspected breach of the political parties act, Section 31d, after which the Disguise of the origin of donations to the Bundestag can be punished with up to three years in prison.

Illegal to a donation, according to the party act (section 30 in connection with paragraph 25), if it comes from Non-EU-citizens and more than 1,000 euros, regardless of where the account is located. The first donation would be at least illegal, because it is not klärbar is, whether a German government donated citizens.

According to information from the Konstanz-based investigators, a criminal complaint against ryegrass and three additional circuit boards went. The competent parliamentary Committee will suspend until Monday, the parliamentary immunity Weidels. The Bundestag has given to the party leadership four weeks, in order to inform Parliament fully informed.

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the party is in breach of the duty of disclosure?

donations above 50,000 euros must be presented to the Bundestag, “immediately”, – stated in the law. This means “promptly”, or quite specifically: “on the same day or within a few days,” as the Bundestag administration explained. A list of the Bundestag shows that the majority of parties do this within a matter of days. The party is not sure whether you have to pay back the amount possibly due to uncertainty in the origin directly, you can do first Research, without being liable to prosecution. You must, however, pursue their search for the identity of the donor “without culpable delay”. The party may leave the matter so.

According to the Country Treasurer, of the was able to view the account statements of the Bodenssee-County Association, went amounts a the first donation in 18 “at a distance of one to two weeks” – always from the same sender and with the same purpose: “an election campaign donation Alice rye”. After a few weeks would can be clear that the amount will exceed the 50,000 Euro threshold for the duty to report immediately. But nothing happened.

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you Must split the donations in small amounts to stay under 50,000 euros?

The party is not allowed. Donors, however, it is left, in what individual amounts of donations. But the party must be on the alert: a party Receives in a timely manner a number of individual wire transfers from a donor “in a total amount of 50,000 Euro, it is obliged to comply with the immediate obligation to check whether the payments are based on a single donation decision” – i.e., whether the donor is the same. “If Yes, is the immediate display of the total sum required,” explains the Bundestag administration.

The AfD has not done the previous findings. State Treasurer Frank Kral said TIME ONLINE, he “knew of several tranches”, but denies a breach of duty: “the period In which donations must be aggregated is unclear.” He had no right to the exclusive responsible district Association. But also the Treasurer of the Krice Association have not made a mistake.

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it is Sufficient, suspicious of the donations simply to pay back?

Only if the “immediately after receipt”, the party law. The donation is then considered “acquired” and would not need to be displayed. The first of the two large donations to the district Association paid back but not until eight months after the receipt of the first partial sums to the donors. The second after a quarter of a year.

This might prove to be not only legally, but also financially as error: Because received donations because of their origin unlawful (what is not excluded in the case of the first donation, from 2017 currently), according to the law, “without delay” to the Bundestag to forward, no later than with the submission of the accountability report to the donors.

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As the case is discussed in the party?

listen to young people talking in the regional Association of Baden-Württemberg experienced a strong nervousness. The Chairman Ralf Özkara said, should be the donation illegal, and ryegrass have known, must you withdraw from all Offices. Others defend rye against this criticism. You refer to your Stress in the Bundestag election campaign. You have concealed any donation intent: “There is no crime to detect,” it says. In addition, the idea was “far-fetched, that ryegrass over 130,000 euros for her political career on the game”. Ryegrass had acted “correctly”, as the constitutional lawyer Karl Albrecht Schachtschneider.

is Politically responsible for possible errors in addition, not only the prominent group in the Bundestag, head of ryegrass, but also the other Board members of the district Association of lake Constance. The public Prosecutor is investigating the Chairman and, according to a speaker against the Treasurer. The fear of Rufschäden: “This brings us in severe turbulence,” says one from the national Board of Directors.

There is also a temporal proximity of the developments in Weidels parliamentary group on falls: state Treasurer, Kral was employed until a few weeks ago in the parliamentary group as a financial Manager. To irregularities and the group leadership of an auditor instructed to go to the bottom of it. Kral was released. There is the AfD representative, the suspect, Kral are the information about the donations, have launched to the media as a revenge against the of ryegrass-run group in the Bundestag.

Weidels Co-Faction leader and national Chairman Alexander Gauland does not believe that “ryegrass has something to reproach”, but the Treasurer had acted incorrectly. The money had to have been late paid back.

describes the operations familiar Person, the County Treasurer of lake Constance had exchanged several times with the Country Treasurer Kral by E-Mail and phone because of the donations and asking for advice. “From the questions and answers is a certain naivety of the language,” it said. You have worked both sides “with a mixture of dilettantism and superficiality.”

Kral himself says that he had the Information that the donor was of 2017 German, the donation so harmless. The land Board has now requested the minutes of the circle Executive Board meetings, in order to make a picture. He has taken into account statements from 2017 insight of 2018. In Parallel, all the Bank documents to the Federal office in Berlin, which has the jurisdiction over the internal party investigations.

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