 |
use of its facilities during military occupancy in the interest of
enemy armament against the will and consent of the owners, and that the French
shareholders were not voluntarily parting with their majority interest in
Norsk-Hydro. He approved and participated in this course of action.
For
his connection with, and participation in the Norwegian enterprise, Haefliger
is Guilty under count two of the indictment.
Ilgner. The
defendant Ilgner was an active participant in the case of spoliation of Norway
and must be held Guilty under count two of the indictment. He was the leading
participant in arranging and supervising the various negotiations leading to
the Norsk-Hydro agreement, whereby the French shareholders were deprived of
their majority interest in favor of a German majority including Farben. He was
fully informed concerning the scope of the planned exploitation of the
Norwegian economy in the light metals program for the Luftwaffe and joined
energetically in the plan. The plan contemplated permanent acquisition by
Farben of a substantial interest in the light metals field in Norway. He was
thus a participant and party to the plan to force the use of Norsk-Hydro’s
facilities in the expansion program for German needs, without regard to the
needs of Norwegian economy. He was similarly a party to the scheme to utilize
the opportunity to establish a German majority in the share ownership of
Norsk-Hydro. Ilgner admits that the French were not represented at the meeting
of 30 June 1941 at which Norsk-Hydro’s participation in Nordisk-Lettmetall
and the increase in Norsk-Hydro’s capitalization was voted. The evidence
establishes that Ilgner took the position that the presence of all the
shareholders was not essential for the safeguarding of their rights. Although
much conflicting evidence has been introduced on this point, we are convinced
that the French shareholders in Norsk-Hydro were not fully advised of the fall
scope of the Nordisk-Lettmetall project; they never intended to lose the
majority interest in Norsk-Hydro, and went along after the full plan developed
solely because they feared confiscation of their plants in Norway during the
military occupancy. Ilgner himself stated in an affidavit: |
| |
“I do not know in detail the
motives which guided the French bank when it agreed to the increase of the
capital stock of Norsk-Hydro, by which procedure the French majority interest
was reduced to a minority interest. I should say they chose this alternative as
the lesser evil, * * * in the last analysis, I. G. Farben participated and
advised the bank to agree * * *.” [NI-6348, Pros. Ex. 1209.] |
| In our view the evidence establishes beyond reasonable doubt the
defendant Ilgner’s criminal complicity in the spoliation of Norsk-Hydro,
and the defendant Ilgner is Guilty under count two. |
1163 |
. 
