 |
| [pres...] sure consisted of a possible threat to strangle the
enterprise by exercising control over necessary raw materials. It further
appears that Farben asserted a claim for indemnity for alleged infringements of
Farben’s patents, well knowing that the products were not protected under
the French patent law at the time of the infringement. This conduct of Farben's
seems to have been wholly unconnected with seizure or threats of seizure,
expressed or implied, and while it may he subject to condemnation from a moral
point of view, it falls far short of being proof of plunder either in its
ordinary concept or as set forth in the Hague Regulations, either directly or
by implication. |
| |
| D. Russia |
| |
There can be no doubt that the occupied territories of Russia were
systematically plundered in consequence of the deliberate design and policy of
the Nazi government. Farben made far-reaching plans to participate in this
plunder and spoliation, but the plans laid by Farben did not reach the stage of
completion, and we are unable to say from the record before us that any
individual defendant has been sufficiently connected with completed acts of
plunder in Russia within the meaning of the Control Council Law. Farben, acting
through the defendant Ambros, did select and appoint experts to go to Russia to
operate the buna rubber plants expected to fall into German hands and urged its
priority rights to exploit the Russian processes in the Reich, but these plans
did not materialize in any completed act of spoliation established by the
proof. The proof leaves no doubt that Farben did not desire to be left out of
the exploitation in the East. With this in mind, it participated in plans for
the organization of the so-called eastern corporations which were to have an
important part in reprivatizing Russian industry. Some of these companies came
into existence, but the evidence of their activities is not sufficient to
support any finding of guilt in connection therewith. Farben expected to
acquire properties in Russia, but it is not shown that there. was ever any such
acquisition.
Special stress is placed by the prosecution on the
activities of the Continental Oil Company,* which was founded prior to the
invasion of Russia and in which Farben held a small stock interest. We are not
satisfied that Farben ever directed or influenced the activities of the
Continental Oil Company in any effective manner and cannot conclude that the
mere membership of Krauch and Buetefisch on the Aufsichtsrat, which was not the
managing board, in the absence of more complete proof of direct and active
participation on their part, constitutes a sufficient degree of participation
in the spoliative activities carried out by Continental Oil Company for a
finding of guilt under Control Council Law No. 10. |
__________
* Kontinentale Oel A.
G.
1152 |
. 
