. NMT05-T0997
Volume V · Page 997
| responsibility for the hundreds
of thousands of murders which were perpetrated in the concentration camps and
which were followed by the wholesale confiscation of the property of the dead
men. Assuming that Frank ultimately heard of the extermination measures, can it
be said as a matter of law that his participation in the distribution of the
personal property of the inmates exterminated makes him a participant or an
accessory in the actual murders? Any participation of Frank's was post
facto participation and was confined entirely to the distribution of
property previously seized by others. Unquestionably this makes him a
participant in the criminal conversion of the chattels, but not in the murders
which preceded the confiscation. We therefore cannot find from the proof that the defendant Frank is in law guilty of the murders of the Jews in the concentration camps, but we do find that he was guilty of participating and taking a consenting part in the wholesale looting which was described as Action Reinhardt. Therefore, on two specifications — the slave labor program, heretofore, described, and the looting of property of Jewish civilians from the Eastern occupied countries — we find the defendant Frank guilty of war crimes and crimes against humanity. |
| COUNT FOUR |
| The Tribunal finds that the defendant Frank was a member of a criminal organization, that is, the SS, under the conditions defined by the judgment of the International Military Tribunal, and is therefore guilty under count four of the indictment |
| HEINZ KARL FANSLAU |
| This defendant joined the National Socialist
Party and the Allgemeine SS on 1 July 1931. On 1 March 1938, he became a member
of the SS Special [Purpose] units, which later came to be known as the Waffen
SS. In this organization he ultimately attained the rank of Brigadefuehrer
(brigadier general). In January 1934 he became an auditor in the SS Central
Administration Office at Munich. Between that date and the organization of the
WVHA in February 1942, he held various administrative posts in the SS
organization, with the exception of the period, 1 December 1940 to 30 September
1941, during which he was commander of the supply battalion of the SS Viking
division at the front. Within the organization of the WVHA, he was chief of Amt A V, the personnel office, and, upon Frank's resignation in September 1943, Fanslau succeeded him as chief of Amtsgruppe A, the chief administration office of the WVHA. As chief of Amt A V, |
