“She always wanted more, never had enough, and the others should pay for it,” said senior public prosecutor Gregor Adamovic in the Vienna Criminal Court. “This is about social benefit fraud by the minister responsible for social benefits.” The prosecution was represented by Adamovic and Christina Jilek on behalf of the Economic and Corruption Prosecutor’s Office (WKStA), both known from various investigations in the course of the “Ibiza video”.
Karmasin’s defense attorneys are Norbert Wess and Philipp Wolm – they did not want to speak publicly before the trial opened. The statements from both sides were all the more heated on Tuesday.
Two counts of charges
After leaving politics at the end of 2017, Karmasin is said to have unlawfully obtained continued payments by concealing from employees of the Federal Chancellery that she had seamlessly continued her self-employment after her tenure as Minister for Family Affairs. Incriminated are 78,589.95 euros, which Karmasin is said to have wrongly received from December 19, 2017 to May 22, 2018.
The second complex of charges relates to three studies for the Ministry of Sports, for which Karmasin was awarded the contract after she left politics by, according to the indictment, by getting two competitors – including her former employee Sabine Beinschab – to “conduct the content specified by her and with her in advance to transmit agreed offers to the clients in order to ensure that Karmasin Research & Identity GmbH, which is attributable to them, would receive the orders,” according to the indictment.
In principle, every former member of the federal government is entitled to a continued payment, since you are subject to a professional ban during your term of office. The presumption of innocence applies to the accused. If there is a guilty verdict, Karmasin faces up to three years in prison. Her time in custody – 26 days – would be counted against her.
Soup from “creamy” to “thick”
According to Adamovic, Karmasin’s “offences of fraud” began immediately after her stint in politics. He demanded a high penalty, since it was a “test for the rule of law” when an ex-minister was on trial. Adamovic accused Karmasin of having obtained the studies for the Ministry of Sports in a “sham procurement process”. In addition, their practice of unlawful collusion “would have continued to this day” if the prosecutors had not put an end to it, said Adamovic, referring to 21 simultaneous house searches that took place on October 6, 2021 as part of the ÖVP survey affair, including at Karmasin.
Analysis: Karmasin in court
ORF reporter Gaby Konrad reports from the Criminal Court of Vienna. She explains the position of the prosecution against former family minister Karmasin.
The WKStA was repeatedly accused of not having enough substance to charge Karmasin. Adamovic rejected this, saying that the soup was “not thin, but rather creamy” right from the start of the investigation. Now “the soup is so thick that if you skip the spoon, it stops”. Regardless, Karmasin presents himself as a victim.
“I hope that you will find the courage to give up your role as a victim and stand up for your crimes.” Because Karmasin did not need the “social benefit” – the continued payment. “During the period of her continued entitlement, she built a luxury villa. Is someone with such wealth needy? No. Does someone need bridging help? No. Was she entitled to it?” One could easily answer that with “certainly not”.
“Acted with the intention of enriching himself”
Karmasin ultimately repaid around 62,000 euros of the approximately 78,000. An “active remorse”, which ensures her impunity, does not exist. “Karmasin also only paid back after the time in the picture reported about it”, although she would have had four years since 2018. “She acted with full knowledge and with the intention of enriching herself,” the chief prosecutor was sure.
As evidence, he brought in e-mails from Karmasin’s numerous inquiries to a responsible official as to whether she was allowed to earn something or not. He had told her clearly several times that she was not allowed to earn anything during the period of continued payment. A message from Karmasin to Beinschab, in which Karmasin made it clear: “I’m not allowed to earn anything,” which is why she only wanted to settle an invoice at a later point in time, is evidence of this.
“WKStA took the wrong turn”
The defenders argued no less harshly. “The business and corruption prosecutor’s office has largely correctly identified the facts. Legally, however, the WKStA took a largely wrong turn,” said Karmasin’s first defender Norbert Wess.
With regard to the studies for the Ministry of Sports, the contracts with Karmasin had long been officially awarded, but his client had been persuaded by the Ministry to subsequently create documentation and submit “comparative offers from two trustworthy people” – including her former employee Beinschab. “Comparison offers have mutated into an absurd formalism,” said Wess. Karmasin was “naive” and “in hindsight definitely made a mistake,” Wess said. But she didn’t make herself a criminal offence. “Price appropriateness” was given in the studies, everything was in order in terms of procurement law. Also with regard to the continued payment of wages, the WKStA was “legally wrong”.
The accusation that Karmasin deceived the client “can’t be ruled out,” Wess said. It was clear from the start that Karmasin would get the job. “Where there is no competition, no competition can be restricted either.” The defense attorney demanded an acquittal for his client. “I will not pursue my client in a guilty verdict if I am satisfied that both counts are unfounded.”
With Karmasin, a first person from Kurz’s political environment is on trial, investigations against other ex-ÖVP officials from Kurz downwards are pending. The current trial is scheduled for three days and has nothing to do with Karmasin’s role in the ÖVP survey affair, in which she is said to have been significantly involved. In this regard, the surveys have not yet been completed.
