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| Upon the evidence submitted, the
defendant Meyer-Hetling is found not guilty on counts one and two of the
indictment. |
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| COUNT THREE |
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| The Tribunal finds that the defendant
Meyer-Hetling was a member of a criminal organization; that is, the SS, under
the conditions defined and specified by the judgment of the International
Military Tribunal, and he is, therefore, guilty under count three of the
indictment. |
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| OTTO
SCHWARZENBERGER |
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Otto Schwarzenberger was chief of finance in
the Staff Main Office. As such, he dealt with the operational finances and
expenses of all organizations charged in the indictment with participation in
the Germanization program. He also handled operational finances of other
organizations, such as DUT, DAG, EWZ, and UWZ.
Schwarzenberger has
contended throughout the trial that, as chief of finance, his duties consisted
almost entirely of paying out funds on lumpsum requisitions submitted to him by
various organizations, and that, as chief of finance, he had no power to
approve or disapprove requisitions for funds, which was a duty resting solely
with the Reich Minister of Finance. He contends, furthermore, that not even in
the requisitions and bills submitted to his office was there anything
indicating the purpose for which the funds were to be used or had been used,
and he never had knowledge of the purposes for which these funds were being
dispersed. Schwarzenberger's contentions are supported by an abundance of
evidence. It would appear from the evidence that Schwarzenberger's principal
task was to submit to the Reich Minister of Finance a budget containing the
estimated operational needs of the various departments; and upon approval by
the Reich Minister, of Finance, the funds were deposited with Schwarzenberger's
Office for payment to the various organizations.
Volumes of documents
have been introduced by the prosecution in this case hundreds pertaining
to the various organizations involved and Schwarzenberger's name is
conspicuous in its absence among these documents. No documentary evidence of an
incriminatory nature has been offered against this defendant; yet the
prosecution would have the Tribunal assume, as it is argued, that he held
numerous conferences with all departments with reference to all financial
matters and was intimately acquainted with all activities of the various
departments. This is an assumption |
157 |