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| Kugler. Although not a member of Farben’s Vorstand,
Kugler was a member of the Commercial Committee and was an active Farben leader
in the dyestuffs field. We find that the proof does not establish beyond a
reasonable doubt sufficient connection of the acts of the defendant Kugler with
Farben’s acts of spoliation in Poland and Alsace-Lorraine to justify a
finding of guilt based on those particulars of the indictment. But Kugler was
an active participant, as one of the representatives of Farben, in the
negotiations and other steps leading to the Francolor Agreement. It is true
that he did not act independently in this matter and was under the direction of
two Vorstand members, von Schnitzler and ter Meer, both of whom had authority
and policy-making functions far superior to those of Kugler. He participated in
the preliminary discussions with the Armistice Commission and in the meetings
at Wiesbaden in November 1940, at which the Farben demands were served on the
French dyestuffs representatives and pressure was exerted to force the French
to agree to Farben's desire for a 51 percent interest in the French industry.
It was Kugler who arranged with the authorities during the military occupation
that pressure should be applied, and who obtained support for the suggestion
“that no alleviations are offered to production which might weaken the
opponent’s will to negotiate.” Kugler was fully advised of all of the
steps taken and knew that the Francolor Agreement was being imposed on the
French against their will and without their free consent. He participated in
the meeting at which the Francolor Agreement was reached and subsequently
served on one of the important committees of Francolor. While he was not the
dominant figure initiating the policies leading to the unlawful acquisitions,
he was criminally connected with the execution of the entire enterprise and
must be held Guilty under count two. |
| |
| COUNT THREE |
| |
THE PRESIDENT: Count three charges the defendants, individually,
collectively, and acting through the instrumentality of Farben, with the
commission of war crimes and crimes against humanity as defined by Article II
of Control Council Law No. 10. It is alleged that they participated in the
enslavement and deportation to slave labor of the civilian population of
territory under the belligerent occupation or otherwise controlled by Germany;
the enslavement of concentration-camp inmates, including Germans; and the use
of prisoners of war in war operations and work having a direct relation to war
operations. It is further alleged that enslaved persons were mistreated,
terrorized, tortured, and murdered.
The general charge is followed by a
statement of particulars, consisting of twenty-two numbered paragraphs. From
these it appears that, to sustain this count of the indictment, the prosecution
relies |
1167 |
. 
