What Schlecker Was Convicted For

Schlecker was once Germany’s best-known drugstore chain, with thousands of small branches. In January 2012 it filed for insolvency. Several thousand employees lost their jobs. The founder, Anton Schlecker, stood trial in Stuttgart. The failure of the chain was not the charge. Insolvenzverursachung an sich ist kein Straftatbestand, causing an insolvency is not in itself a criminal offense. The central question of the trial was when Schlecker had recognized, or should have recognized, that the company could not pay its debts. On 27 November 2017 the regional court found that he and his children knew by 1 February 2011 at the latest, after a business report for 2010 had come in. After that date Schlecker had moved assets of about 3.6 million euros aside. The court convicted him of intentional bankruptcy in four cases and gave him a two-year suspended sentence. His children Lars and Meike received prison terms of two years and nine months and two years and eight months. A pharmacy trade news report summed up the line the law draws: Schlecker ist dafür verantwortlich, man kann ihm die Schuld daran geben. Dafür schuldig sprechen kann man ihn nicht. Schlecker is responsible for the collapse, and one can blame him for it. One cannot convict him for it.

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